II 

117TH CONGRESS 

1ST SESSION S. 3004 

To amend title 38, United States Code, to establish new requirements for 

State homes for veterans that receive per diem from the Secretary 

of Veterans Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2021 

Mr. WARNOCK introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to establish new 

requirements for State homes for veterans that receive 

per diem from the Secretary of Veterans Affairs, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Care for 

5 Veterans Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3004 IS

1 SEC. 2. REQUIREMENT THAT STATE HOMES FOR VETERANS 

2 HAVE GOVERNING BODIES AND ADMINISTRA3 TORS AND PAYMENTS TO ASSIST STATE 

4 HOMES IN HIRING INFECTION PREVENTION5 ISTS. 

6 (a) GOVERNING BODIES AND ADMINISTRATORS.— 

7 (1) IN GENERAL.—Subchapter V of chapter 17 

8 of title 38, United States Code, is amended by in9 serting after section 1741 the following new section: 

10 ‘‘§ 1741A. Administration requirements 

11 ‘‘As a condition on the receipt of per diem payments 

12 under this subchapter, a State home shall— 

13 ‘‘(1) have a governing body that— 

14 ‘‘(A) is legally responsible for establishing 

15 and implementing policies regarding the man16 agement and operation of the State home; 

17 ‘‘(B) consists of more than one person; and 

18 ‘‘(C) appoints an administrator or deputy 

19 superintendent described in paragraph (2); 

20 ‘‘(2) employ an administrator or deputy super21 intendent who— 

22 ‘‘(A) is licensed by the State, if required by 

23 State law; and 

24 ‘‘(B) meets standards established by the 

25 Secretary of Health and Human Services under 

26 sections 1819(f)(4) and 1919(f)(4) of the Social 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3004 IS

1 Security Act (42 U.S.C. 1395i–3(f)(4), 

2 1396r(f)(4)); 

3 ‘‘(3) employ an infection preventionist (as that 

4 term is defined in section 1744A of this title); and 

5 ‘‘(4) include in information submitted each year 

6 to the Secretary— 

7 ‘‘(A) the name of the infection prevention8 ist employed under paragraph (3); and 

9 ‘‘(B) an emergency plan, updated annually, 

10 in case of a public health emergency or other 

11 disaster.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such subchapter is amend14 ed by inserting after the item relating to section 

15 1741 the following new item: 

‘‘1741A. Administration requirements.’’. 

16 (b) FUNDING OF INFECTION PREVENTIONISTS.— 

17 (1) ESTABLISHMENT.—Such subchapter is fur18 ther amended by inserting after section 1744 the fol19 lowing new section: 

20 ‘‘§ 1744A. Hiring and retention of infection preven21 tionists: payments to assist States 

22 ‘‘(a) PAYMENT PROGRAM.—The Secretary shall make 

23 payments to States under this section for the purpose of 

24 assisting State homes in the hiring and retention of infec25 tion preventionists. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3004 IS

1 ‘‘(b) ELIGIBLE RECIPIENTS.—Payments to a State 

2 for a fiscal year under this section shall, subject to submis3 sion of an application, be made to any State that during 

4 that fiscal year receives per diem payments under this sub5 chapter for that fiscal year. 

6 ‘‘(c) LIMITATIONS ON AMOUNT OF PAYMENT.—A 

7 payment under this section may not be used to provide 

8 more than 50 percent of the salary or wages for an infec9 tion preventionist for a fiscal year. 

10 ‘‘(d) APPLICATIONS.—(1) A payment under this sec11 tion for any fiscal year with respect to any State home 

12 may only be made based upon an application submitted 

13 by the State seeking such payment with respect to that 

14 State home. 

15 ‘‘(2) Each application under paragraph (1) shall de16 scribe the salary or wages of the infection preventionist. 

17 ‘‘(e) SOURCE OF FUNDS.—Payments under this sec18 tion shall be made from funds available for other pay19 ments under this subchapter. 

20 ‘‘(f) DISBURSEMENT.—Payments under this section 

21 to a State home shall be made as part of the disbursement 

22 of payments under section 1741 of this title with respect 

23 to that State home. 

24 ‘‘(g) USE OF CERTAIN RECEIPTS.—The Secretary 

25 shall require as a condition of any payment under this secVerDate Sep 11 2014 03:26 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004

pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3004 IS

1 tion that, in any case in which the State home receives 

2 a refund payment made by an employee in breach of the 

3 terms of an agreement for employee assistance that used 

4 funds provided under this section, the payment shall be 

5 returned to the incentive program account for the State 

6 home and credited as a non-Federal funding source. 

7 ‘‘(h) ANNUAL REPORT.—(1) Any State home receiv8 ing a payment under this section for any fiscal year, shall, 

9 as a condition of the payment, be required to agree to pro10 vide to the Secretary a report setting forth in detail the 

11 use of funds received through the payment. 

12 ‘‘(2)(A) Each report under paragraph (1) for a fiscal 

13 year shall be provided to the Secretary not later than 60 

14 days after the end of the fiscal year and shall be subject 

15 to audit by the Secretary. 

16 ‘‘(B) Eligibility for payment under this section for 

17 any fiscal year is contingent upon the receipt by the Sec18 retary of the annual report under this subsection for the 

19 previous fiscal year in accordance with this subsection. 

20 ‘‘(i) REGULATIONS.—(1) The Secretary shall pre21 scribe regulations to carry out this section. 

22 ‘‘(2) Regulations required under paragraph (1) shall 

23 include the establishment of criteria for the award of pay24 ments under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3004 IS

1 ‘‘(j) INFECTION PREVENTIONIST DEFINED.—In this 

2 section, the term ‘infection preventionist’, with respect to 

3 a State home, means an individual— 

4 ‘‘(1) who has primary professional training in 

5 nursing, medical technology, microbiology, epidemi6 ology, or a related field; 

7 ‘‘(2) whom the Secretary determines is qualified 

8 by education, training, experience, or certification; 

9 ‘‘(3) who works at least part-time at the State 

10 home; and 

11 ‘‘(4) who has completed specialized training in 

12 infection prevention and control.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such subchapter is amend15 ed by inserting after the item relating to section 

16 1744 the following new item: 

‘‘1744A. Hiring and retention of infection preventionists: payments to assist 

States.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS