H.R. 5671 (109th): Veterans Long Term Care Security Act

109th Congress, 2005–2006. Text as of Jun 22, 2006 (Introduced).

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109th CONGRESS

2d Session

H. R. 5671

IN THE HOUSE OF REPRESENTATIVES

June 22, 2006

(for himself, Mr. Michaud, Mr. Moran of Kansas, Mr. Neal of Massachusetts, Mr. Simmons, and Mr. Garrett of New Jersey) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to ensure appropriate payment for the cost of long term care provided to veterans in State veterans homes, and for other purposes.

1.

Short title

This Act may be cited as the Veterans Long Term Care Security Act.

2.

Increase in payment rates for nursing home care provided in State homes to veterans with service-connected disabilities

(a)

Community-based facility rate

Subchapter V of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

1744.

Payment for care provided to veterans with service-connected disabilities

(a)

Nursing home care

(1)

The Secretary shall pay each State home for nursing home care provided (A) to any veteran in need of such care for a service-connected disability, and (B) to any veteran who is in need of such care and who has a service-connected disability rated at 70 percent or more, at the applicable rate payable under section 1720 of this title for such care furnished in a non-Department nursing home (as defined in subsection (e)(2) of such section).

(2)

Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full under this title to the State home for such care furnished to that veteran.

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(b)

Conforming amendments

(1)

Subsection (a)(1) of section 1741 of such title is amended by striking The in the matter preceding subparagraph (A) and inserting Except as provided in section 1744 of this title, the.

(2)

Subsection (a)(4) of section 1710 of such title is amended—

(A)

by striking and before the requirement in section 1710B of this title; and

(B)

by inserting , and the requirement in section 1744 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes after a program of extended care services.

(c)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1743 the following new item:

1744. Payment for care provided to veterans with service-connected disabilities.

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(d)

Effective date

The amendments made by this section shall take effect on October 1, 2006, and apply to care furnished in State homes on or after such date.

3.

Provision of prescription medicines for veterans with service-connected disabilities receiving care in State homes

(a)

Requirement to furnish prescription medicines

Section 1744 of title 38, United States Code, as added by section 2, is amended by adding at the end the following new subsection:

(b)

Prescription medicines

The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury of a veteran who is provided nursing home care that is payable under subsection (a) in the case of a veteran—

(1)

who is in need of such drugs and medicines for a service-connected disability; or

(2)

who is in need of such drugs and medicines and who has a service-connected disability rated at 50 percent or more.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on October 1, 2006.

4.

Temporary authority to treat certain health facilities as State homes

(a)

Authority

Subchapter III of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section:

8138.

Treatment of certain health facilities as State homes

(a)

Subject to subsections (b) through (f), the Secretary may treat a health facility as a State home for purposes of subchapter V of chapter 17 of this title if the facility meets the following requirements:

(1)

The facility meets the standards for the provision of nursing home care that is applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility as the Secretary may require.

(2)

The facility is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such facilities.

(3)

The State demonstrates in an application to the Secretary that, but for the treatment of a facility as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care.

(4)

The Secretary has made a determination that the treatment of the facility as a State home best meets the needs of veterans in the area for nursing home care.

(5)

The Secretary approves the application submitted by the State with respect to the health facility.

(b)

The Secretary may not treat a health facility as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for under regulations prescribed under section 8134(a) of this title.

(c)

The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed the number of veterans in beds in State homes that otherwise would be permitted in the State involved under regulations prescribed under section 8134(a) of this title.

(d)

The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title.

(e)

In no case may the aggregate number of beds in all facilities treated as State homes under subsection (a) exceed 100.

(f)
(1)

The authority of the Secretary to treat a health facility as a State home under subsection (a) shall terminate on the date that is three years after the date of the enactment of the Veterans Long Term Care Security Act.

(2)

Any facility treated as a State home under subsection (a) before the date referred to in paragraph (1) shall continue to be so treated for such time as the facility meets the requirements of this section.

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(b)

Clerical amendment

The table of sections at the beginning of such chapter 81 is amended by inserting after the item relating to section 8137 the following new item:

8138. Treatment of certain health facilities as State homes.

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