II 

111TH CONGRESS 

2D SESSION S. 3583 

To amend title 38, United States Code, to increase flexibility in payments 

for State veterans homes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2010 

Mrs. MURRAY (for herself, Mr. SANDERS, Ms. SNOWE, and Ms. COLLINS) 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 increase flexibility 

in payments for State veterans homes, 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. INCREASED FLEXIBILITY IN PAYMENTS FOR 

4 STATE VETERANS HOMES. 

5 (a) IN GENERAL.—Subsection (a) of section 1745 of 

6 title 38, United States Code, is amended to read as fol7 lows: 

8 ‘‘(a)(1) If a State home provides nursing home care 

9 to a covered veteran and the cost of such care, as deterVerDate Mar 15 2010 03:28 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3583.IS S3583

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1 mined under paragraph (3), exceeds the amount paid, if 

2 any, to such State home for such care under part A of 

3 title XVIII and under title XIX of the Social Security Act 

4 (42 U.S.C. 1395c et seq., 1396 et seq.), the Secretary 

5 shall pay such State home an amount for such care equal 

6 to such excess. 

7 ‘‘(2) For purposes of this subsection, a covered vet8 eran is any veteran as follows: 

9 ‘‘(A) A veteran in need of nursing home care 

10 for a service-connected disability. 

11 ‘‘(B) A veteran who— 

12 ‘‘(i) has a service-connected disability rated 

13 at 70 percent or more; and 

14 ‘‘(ii) is in need of nursing home care. 

15 ‘‘(3) The cost of care determined under this para16 graph is an amount equal to the applicable or prevailing 

17 rate payable in the geographic area in which the State 

18 home is located, as determined by the Secretary, for nurs19 ing home care furnished in a non-Department nursing 

20 home (as that term is defined in section 1720(e)(2) of this 

21 title). 

22 ‘‘(4)(A) The Secretary shall reimburse a State home 

23 for any copayment required of a covered veteran under 

24 title XVIII of the Social Security Act (42 U.S.C. 1395 


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1 et seq.) in connection with nursing home care received by 

2 the covered veteran from the State home. 

3 ‘‘(B) A State home receiving reimbursement under 

4 subparagraph (A) for a copayment required of a covered 

5 veteran shall apply such reimbursement to the covered vet6 eran’s copayment obligations under such title XVIII. 

7 ‘‘(5) In lieu of receiving payment under paragraphs 

8 (1), (3), and (4), a State home may elect to receive pay9 ment from the Secretary to furnish nursing home care to 

10 a veteran described in paragraph (2) through an agree11 ment entered into by the Secretary and the State home 

12 under the provisions of section 1720 of this title. 

13 ‘‘(6) Payments to State homes pursuant to this sec14 tion shall not be considered a liability of a third party, 

15 or otherwise be used to offset or reduce any other payment 

16 made to assist veterans.’’. 

17 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

18 such section is amended— 

19 (1) in paragraph (1), by amending subpara20 graph (A) to read as follows: 

21 ‘‘(A)(i) is not a veteran described in sub22 section (a)(2); or 

23 ‘‘(ii) is a covered veteran described in such 

24 subsection but is not receiving nursing home 

25 care from a State home; and’’; and 


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1 (2) in paragraph (2), by amending subpara2 graph (B) to read as follows: 

3 ‘‘(B)(i) is not a veteran described in sub4 section (a)(2); or 

5 ‘‘(ii) is a veteran described in such sub6 section but is not receiving nursing home care 

7 from a State home; and’’. 

8 (c) EFFECTIVE DATES.—The amendments made by 

9 this Act shall take effect on the date that is 90 days after 

10 the date of the enactment of this Act. 

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