Title: State Veterans Homes Domiciliary Care Flexibility Act
Policy area: Armed Forces and National Security

Summary:
State Veterans Homes Domiciliary Care Flexibility Act
This bill authorizes the Department of Veterans Affairs to waive existing eligibility requirements for a veteran to receive per diem payments for domiciliary care at a state home if the veteran has met at least four of such requirements (e.g., can feed himself or herself), or the waiver would be in the best interest of the veteran. A state home is a home established by a state for veterans who are disabled by age, disease, or otherwise and who are incapable of earning a living because of such disability. The term also includes a home that furnishes nursing home care for veterans.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4460 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4460

    To authorize the Secretary of Veterans Affairs to waive certain 
eligibility requirements for a veteran to receive per diem payments for 
       domiciliary care at a State home, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2020

 Ms. Collins (for herself, Mr. King, and Mr. Sullivan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of Veterans Affairs to waive certain 
eligibility requirements for a veteran to receive per diem payments for 
       domiciliary care at a State home, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Veterans Homes Domiciliary 
Care Flexibility Act''.

SEC. 2. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS AFFAIRS FOR 
              RECEIPT OF PER DIEM PAYMENTS FOR DOMICILIARY CARE AT 
              STATE HOMES AND MODIFICATION OF ELIGIBILITY FOR SUCH 
              PAYMENTS.

    (a) Waiver of Requirements.--Notwithstanding section 1741 of title 
38, United States Code (as amended by subsection (b)), the Secretary of 
Veterans Affairs shall modify section 51.51(b) of title 38, Code of 
Federal Regulations (or successor regulations), to provide the 
Secretary the authority to waive the requirements under such section 
51.51(b) for a veteran to be eligible for per diem payments for 
domiciliary care at a State home if--
            (1) the veteran has met not fewer than four of the 
        requirements set forth in such section; or
            (2) such waiver would be in the best interest of the 
        veteran.
    (b) Modification of Eligibility.--Section 1741(a)(1) of title 38, 
United States Code, is amended, in the flush text following 
subparagraph (B), by striking ``in a Department facility'' and 
inserting ``under the laws administered by the Secretary''.
    (c) State Home Defined.--In this section, the term ``State home'' 
has the meaning given that term in section 101(19) of title 38, United 
States Code.
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