Page 33 TITLE 24—HOSPITALS AND ASYLUMS § 415

§ 413. Services provided residents

(a) Services provided

Except as provided in subsection (b) of this

section, a resident of the Retirement Home shall

receive the services authorized by the Retirement Home Board.

(b) Medical and dental care

The Retirement Home shall provide for the

overall health care needs of residents in a high

quality and cost-effective manner, including on

site primary care, medical care, and a continuum of long-term care services. Secondary and

tertiary hospital care for residents that is not

available at a facility maintained as a separate

establishment of the Retirement Home shall, to

the extent available, be obtained by agreement

with the Secretary of Veterans Affairs or the

Secretary of Defense in a facility administered

by such Secretary. The Retirement Home shall

not be responsible for the costs incurred for such

care by a resident of the Retirement Home who

uses a private medical facility for such care. The

Retirement Home may not construct an acute

care facility.

(Pub. L. 101–510, div. A, title XV, §1513, Nov. 5,

1990, 104 Stat. 1725; Pub. L. 103–160, div. A, title

III, §366(c), Nov. 30, 1993, 107 Stat. 1630.)

AMENDMENTS

1993—Subsec. (b). Pub. L. 103–160 added second and

third sentences and struck out former second sentence

which read as follows: ‘‘Secondary and tertiary hospital

care for residents that is not available at the Retirement Home shall be obtained through agreements with

facilities administered by the Secretary of Veterans Affairs or the Secretary of Defense or at private facilities.’’

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.

§ 414. Fees paid by residents

(a) Monthly fees

The Directors shall collect from each resident

of the Retirement Home a monthly fee.

(b) Deposit of fees

The Directors shall deposit fees collected

under subsection (a) of this section in the Armed

Forces Retirement Home Trust Fund.

(c) Fixing fees

(1) The Retirement Home Board shall from

time to time fix the fee required by subsection

(a) of this section on the basis of the financial

needs of the Retirement Home and the ability of

the residents to pay.

(2) The fee shall be fixed as a percentage of the

monthly income and monthly payments (including Federal payments) received by a resident,

subject to such adjustments in the fee as the Retirement Home Board may make under paragraph (1). The percentage shall be the same for

each establishment of the Retirement Home.

(d) Application of fees

Subject to such adjustments in the fee as the

Retirement Home Board may make under subsection (c) of this section, each resident of the

Retirement Home shall be required to pay a

monthly fee equal to the amount determined by

multiplying the total amount of all monthly income and monthly payments (including Federal

payments) received by the resident by a percentage as follows:

(1) In the case of a permanent health care

resident—

(A) in fiscal year 1998, 35 percent;

(B) in fiscal year 1999, 45 percent; and

(C) in fiscal year 2000, 65 percent.

(2) In the case of a resident who is not a permanent health care resident—

(A) in fiscal year 1998, 30 percent;

(B) in fiscal year 1999, 35 percent; and

(C) in fiscal year 2000, 40 percent.

(Pub. L. 101–510, div. A, title XV, §1514, Nov. 5,

1990, 104 Stat. 1725; Pub. L. 103–337, div. A, title

III, §371(b), Oct. 5, 1994, 108 Stat. 2735.)

AMENDMENTS

1994—Subsec. (c)(2). Pub. L. 103–337, §371(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read

as follows: ‘‘The fee shall be fixed as a percentage of

Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social

Security payments. Residents who do not receive such

Federal payments shall be required to pay a monthly

fee that is equivalent to the average monthly fee paid

by residents who receive Federal payments, subject to

such adjustments in the fee as the Retirement Home

Board may make. The percentage shall be the same for

each establishment of the Retirement Home.’’

Subsec. (d). Pub. L. 103–337, §371(b)(2), added subsec.

(d) and struck out former subsec. (d) which specified

fees to be paid by residents of the Naval Home and residents of the United States Soldiers’ and Airmen’s Home

who became residents of the Retirement Home on the

effective date specified in section 1541(a) of Pub. L.

101–510.

Subsec. (e). Pub. L. 103–337, §371(b)(2)(A), struck out

subsec. (e) which read as follows: ‘‘A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required

to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection

(c) of this section.’’

EFFECTIVE DATE OF 1994 AMENDMENT

Section 371(d)(2) of Pub. L. 103–337 provided that:

‘‘The amendments made by subsection (b) [amending

this section] shall take effect on October 1, 1997.’’

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 419 of this title.

§ 415. Composition and operation of Retirement

Home Board

(a) Establishment

There is hereby established the Armed Forces

Retirement Home Board. The Retirement Home

Board shall exercise policy oversight over the

Retirement Home and oversee the activities of

any Local Boards of trustees.

(b) Members

The Retirement Home Board shall consist of

not less than 16 members who shall be appointed