I 

115TH CONGRESS 

2D SESSION H. R. 5397 

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

Affairs to furnish, at the request of an eligible veteran, nursing home 

care and hospital care at State licensed or certified residential care 

facilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2018 

Ms. DELAURO (for herself, Mr. LARSON of Connecticut, Mr. COURTNEY, and 

Mr. HIMES) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish, at the request 

of an eligible veteran, nursing home care and hospital 

care at State licensed or certified residential care facilities. 

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 ‘‘Veterans Residential 

5 Care Choice Act’’. 


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1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION 

2 OF NURSING HOME CARE AND HOSPITAL 

3 CARE AT STATE LICENSED OR CERTIFIED 

4 RESIDENTIAL CARE FACILITIES. 

5 (a) IN GENERAL.—Subchapter II of chapter 17 of 

6 title 38, United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 1720I. State licensed or certified residential care 

9 facilities 

10 ‘‘(a) IN GENERAL.—At the request of an eligible vet11 eran for whom the Secretary is required to provide domi12 ciliary, nursing home, adult day health, or hospital care 

13 under this chapter, or whom the Secretary determines is 

14 in need of such care, the Secretary may place the veteran 

15 in a State licensed or certified residential care facility that 

16 meets Department standards, at the expense of the United 

17 States, pursuant to a contract or agreement entered into 

18 between the Secretary and the facility for such purpose, 

19 if the cost of providing such care to such veteran through 

20 such facility is less than the cost of providing such care 

21 to the veteran through any other available option. A vet22 eran who is placed in such a facility under this section 

23 shall agree, as a condition of such placement, to accept 

24 home health services furnished by the Secretary under sec25 tion 1717 of this title. 


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1 ‘‘(b) ELIGIBILITY.—For purposes of this section, an 

2 eligible veteran is a veteran who is eligible for hospital care 

3 or medical services under section 1710 of this title. 

4 ‘‘(c) DEFINITION OF STATE LICENSED OR CER5 TIFIED RESIDENTIAL CARE FACILITY.—In this section, 

6 the term ‘State licensed or certified residential care facil7 ity’ means any assisted living facility, basic care facility, 

8 community residence, enriched housing program, home for 

9 the aged, personal care home, shared housing establish10 ment, or other similar licensed or certified facility.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by adding 

13 at the end of the items relating to such subchapter the 

14 following new item: 

‘‘1720I. State licensed or certified residential care facilities.’’. 

15 (c) APPLICABILITY.—Section 1720I of title 38, 

16 United States Code, shall take effect on the date of the 

17 enactment of this Act and shall apply with respect to any 

18 veteran who is eligible under subsection (b) of that section, 

19 including such a veteran who, as of the date of the enact20 ment of this Act, resides in a State licensed or certified 

21 residential care facility, as such term is defined in sub22 section (c) of such section. 

Æ 


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