II 

117TH CONGRESS 

1ST SESSION S. 2852 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to enter into contracts and agreements for the payment of care 

in non-Department of Veterans Affairs medical foster homes for certain 

veterans who are unable to live independently, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2021 

Ms. SINEMA (for herself and Mrs. BLACKBURN) 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 authorize the 

Secretary of Veterans Affairs to enter into contracts 

and agreements for the payment of care in non-Department of Veterans Affairs medical foster homes for certain veterans who are unable to live independently, 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 ‘‘Long-Term Care Vet5 erans Choice Act’’. 


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1 SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AU2 THORITY FOR PAYMENT OF CARE FOR VET3 ERANS IN NON-DEPARTMENT OF VETERANS 

4 AFFAIRS MEDICAL FOSTER HOMES. 

5 (a) AUTHORITY.— 

6 (1) IN GENERAL.—Section 1720 of title 38, 

7 United States Code, is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(h)(1) During the five-year period beginning on the 

10 date of the enactment of the Long-Term Care Veterans 

11 Choice Act, and subject to paragraph (3)— 

12 ‘‘(A) at the request of a veteran for whom the 

13 Secretary is required to provide nursing home care 

14 under section 1710A of this title, the Secretary may 

15 place the veteran in a medical foster home that 

16 meets Department standards, at the expense of the 

17 United States, pursuant to a contract, agreement, or 

18 other arrangement entered into between the Sec19 retary and the medical foster home for such purpose; 

20 and 

21 ‘‘(B) the Secretary may pay for care of a vet22 eran placed in a medical foster home before such 

23 date of enactment, if the home meets Department 

24 standards, pursuant to a contract, agreement, or 

25 other arrangement entered into between the Sec26 retary and the medical foster home for such purpose. 


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1 ‘‘(2) A veteran on whose behalf the Secretary pays 

2 for care in a medical foster home under paragraph (1) 

3 shall agree, as a condition of such payment, to accept 

4 home health services furnished by the Secretary under sec5 tion 1717 of this title. 

6 ‘‘(3) In any year, not more than a daily average of 

7 900 veterans receiving care in a medical foster home, 

8 whether placed before, on, or after the date of the enact9 ment of the Long-Term Care Veterans Choice Act, may 

10 have their care covered at the expense of the United States 

11 under paragraph (1). 

12 ‘‘(4) The prohibition under section 1730(b)(3) of this 

13 title shall not apply to a veteran whose care is covered 

14 at the expense of the United States under paragraph (1). 

15 ‘‘(5) In this subsection, the term ‘medical foster 

16 home’ means a home designed to provide non-institutional, 

17 long-term, supportive care for veterans who are unable to 

18 live independently and prefer a family setting.’’. 

19 (2) EFFECTIVE DATE.—Subsection (h) of sec20 tion 1720 of title 38, United States Code, as added 

21 by paragraph (1), shall take effect 90 days after the 

22 date of the enactment of this Act. 

23 (b) ONGOING MONITORING OF MEDICAL FOSTER

24 HOME PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary of Veterans 

2 Affairs shall create a system to monitor and assess 

3 the workload for the Department of Veterans Affairs 

4 in carrying out the authority under section 1720(h) 

5 of title 38, United States Code, as added by sub6 section (a)(1), including by tracking— 

7 (A) requests by veterans to be placed in a 

8 medical foster home under such section; 

9 (B) denials of such requests, including the 

10 reasons for such denials; 

11 (C) the total number of medical foster 

12 homes applying to participate under such sec13 tion, disaggregated by those approved and those 

14 denied approval by the Department to partici15 pate; 

16 (D) veterans receiving care at a medical 

17 foster home at the expense of the United 

18 States; and 

19 (E) veterans receiving care at a medical 

20 foster home at their own expense. 

21 (2) REPORT.—Based on the monitoring and as22 sessments conducted under paragraph (1), the Sec23 retary shall identify and submit to Congress a report 

24 on such modifications to implementing section 

25 1720(h) of title 38, United States Code, as added by 


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1 subsection (a)(1), as the Secretary considers nec2 essary to ensure the authority under such section is 

3 functioning as intended and care is provided to vet4 erans under such section as intended. 

5 (3) MEDICAL FOSTER HOME DEFINED.—In this 

6 subsection, the term ‘‘medical foster home’’ has the 

7 meaning given that term in section 1720(h) of title 

8 38, United States Code, as added by subsection 

9 (a)(1). 

10 (c) COMPTROLLER GENERAL REPORT.—Not later 

11 than each of three years and six years after the date of 

12 the enactment of this Act, the Comptroller General of the 

13 United States shall submit to Congress a report— 

14 (1) assessing the implementation of this section 

15 and the amendments made by this section; 

16 (2) assessing the impact of the monitoring and 

17 modifications under subsection (b) on care provided 

18 under section 1720(h) of title 38, United States 

19 Code, as added by subsection (a)(1); and 

20 (3) setting forth recommendations for improve21 ments to the implementation of such section, as the 

22 Comptroller General considers appropriate. 

Æ 


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