38 U.S.C. § 1741

Section 1741 · Criteria for payment

Current version, with additions and removals from the October 9, 1996 version.

View current clean text →Unified view

Current — January 5, 2021

As of October 9, 1996

(a)(1) ~~The~~ Secretary shall pay each State at the per diem rate of—

(a)(1) Except as provided in section 1745 of this title, the Secretary shall pay each State at the per diem rate of—

(A) $8.70 for domiciliary care; and

(B) $20.35 for nursing home care and hospital care,

for each veteran receiving such care in a State home, if such veteran is eligible for such care ~~in a Department facility.~~

for each veteran receiving such care in a State home, if such veteran is eligible for such care under the laws administered by the Secretary.

(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving ~~adult day health~~ care in a State home, if such veteran is eligible for such care under laws administered by the Secretary.

(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home, if such veteran is eligible for such care under laws administered by the Secretary.

(b) In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’ care in such State home.

(b) In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans' care in such State home.

(c) Whenever the Secretary makes a determination pursuant to section 1720(a)(2)(A) of this title that the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary has increased, the Secretary may, effective no earlier than the date of such determination, increase the rates paid under subsection (a) of this section by a percentage not greater than the percentage by which the Secretary has determined that such cost of care has increased.

(d) Subject to section 1743 of this title, the payment of per diem for care furnished in a State home facility shall commence on the date of the completion of the inspection for recognition of the facility under section 1742(a) of this title if the Secretary determines, as a result of that inspection, that the State home meets the standards described in such section.

(e) Payments to States pursuant to this section shall not be considered a liability of a third party, or otherwise be used to offset or reduce any other payment made to assist veterans.

(f) Any State home that requests payment or reimbursement for services provided to a veteran under this section shall provide to the Secretary such information as the Secretary considers necessary to identify each individual veteran eligible for payment under such section.

(g) In this subchapter, the term "State" means each of the several States and each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Versions

Jan 5, 2021 – presentcurrentviewing
Annual edition
Subsec. (a)(1). Pub. L. 116–315, §3007(b), substituted "under the laws administered by the Secretary" for "in a Department facility" in concluding provisions.
▸ what changed
Source credit
Pub. L. 116–315, title III, §§3004(b), 3007(b), Jan. 5, 2021, 134 Stat. 4992, 4996.
Dec 22, 2006 – Jan 5, 2021
Annual edition
Subsec. (a)(1). Pub. L. 109–461, §211(a)(3)(A), substituted "Except as provided in section 1745 of this title, the" for "The".
▸ what changed changes vs current →
Source credit
Pub. L. 109–461, title II, §211(a)(3)(A), (b)(2), Dec. 22, 2006, 120 Stat. 3419, 3420
Nov 30, 2004 – Dec 22, 2006
Annual edition
Subsec. (e). Pub. L. 108–422 added subsec. (e).
▸ what changed changes vs current →
Source credit
Pub. L. 108–422, title II, §202, Nov. 30, 2004, 118 Stat. 2382
Nov 30, 1999 – Nov 30, 2004
Annual edition
Subsec. (a)(2). Pub. L. 106–117 substituted "extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home" for "adult day health care in a State home".
▸ what changed changes vs current →
Source credit
Pub. L. 106–117, title I, §101(g), Nov. 30, 1999, 113 Stat. 1550
Oct 9, 1996 – Nov 30, 1999
Annual edition
Subsec. (a). Pub. L. 104–262 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
▸ what changed changes vs current →
Source credit
Pub. L. 104–262, title III, §342(a), Oct. 9, 1996, 110 Stat. 3206
Dec 21, 1995 – Oct 9, 1996
Annual edition
Subsecs. (c) to (e). Pub. L. 104–66 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: "The Secretary shall submit every three years to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the adequacy of the rates provided in subsection (a) of this section in light of projections over each of the following five years of the demand on the Department for the provision of nursing home care to veterans eligible for such care under this section and sections 1710 and 1720 of this title. The first such report shall be submitted not later than June 30, 1986."
▸ what changed changes vs current →
Source credit
Pub. L. 104–66, title I, §1141(a), Dec. 21, 1995, 109 Stat. 726
Nov 4, 1992 – Dec 21, 1995
Annual edition
Subsec. (e). Pub. L. 102–585 added subsec. (e).
changes vs current →
Source credit
Pub. L. 102–585, title IV, §406, Nov. 4, 1992, 106 Stat. 4954
Aug 6, 1991 – Nov 4, 1992
Amended · full text not held
Pub. L. 102–83, §5(a), renumbered section 641 of this title as this section.
Source credit
renumbered §1741 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406
May 20, 1988 – Aug 6, 1991
Amended · full text not held
Subsec. (a). Pub. L. 100–322, §134(a)(1), added cls. (1) and (2) and struck out former cls. (1) to (3) which read as follows:
Source credit
Pub. L. 100–322, title I, §134(a), May 20, 1988, 102 Stat. 507
Nov 21, 1983 – May 20, 1988
Amended · full text not held
Subsec. (a). Pub. L. 98–160, §105(a)(1), substituted "$7.30" for "$6.35" in par. (1), "$17.05" for "$12.10" in par. (2), and "$15.25" for "$13.25" in par. (3).
Source credit
Pub. L. 98–160, title I, §105(a), Nov. 21, 1983, 97 Stat. 998
Dec 20, 1979 – Nov 21, 1983
Amended · full text not held
Subsec. (a). Pub. L. 96–151 substituted "$6.35" for "$5.50", "$12.10" for "$10.50", and "$13.25" for "$11.50".
Source credit
Pub. L. 96–151, title I, §101(b)(1), Dec. 20, 1979, 93 Stat. 1092
Oct 21, 1976 – Dec 20, 1979
Amended · full text not held
Pub. L. 94–581 struck out "of any war or of service after January 31, 1955" after "for each veteran" in provisions following par. (3).
Source credit
Pub. L. 94–581, title II, §202(o), Oct. 21, 1976, 90 Stat. 2856
Sep 21, 1976 – Oct 21, 1976
Amended · full text not held
Pub. L. 94–581 struck out "of any war or of service after January 31, 1955" after "for each veteran" in provisions following par. (3).
Source credit
Pub. L. 94–417, §1(a), Sept. 21, 1976, 90 Stat. 1277
Aug 2, 1973 – Sep 21, 1976
Amended · full text not held
Pub. L. 93–82 increased from $3.50 to $4.50 the per diem rate for domiciliary care, from $5 to $6 the per diem rate for nursing home care, and from $7.50 to $10 the per diem rate for hospital care, and substituted "veteran of any war or of service after January 31, 1955" for "veteran of any war".
Source credit
Pub. L. 93–82, title IV, §403(a), Aug. 2, 1973, 87 Stat. 196
Dec 30, 1969 – Aug 2, 1973
Amended · full text not held
Pub. L. 91–178 increased from $3.50 to $7.50 the per diem payment for hospital care.
Source credit
Pub. L. 91–178, §1, Dec. 30, 1969, 83 Stat. 836
Jul 26, 1968 – Dec 30, 1969
Amended · full text not held
Pub. L. 90–432 increased from $2.50 to $3.50 the per diem rate for hospital or domiciliary care and from $3.50 to $5.00 the per diem rate for nursing home care as the amounts the Administrator shall pay each State providing such services for veterans.
Source credit
Pub. L. 90–432, §1, July 26, 1968, 82 Stat. 448
Aug 19, 1964 – Jul 26, 1968
Amended · full text not held
Pub. L. 88–450 amended section generally and, among other changes, authorized payment at the per diem rate of $3.50 for each veteran receiving nursing care in a State home, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) of such paragraph (1) shall, for this purpose, refer to the inability to defray the expenses of necessary nursing home care, and eliminated provisions which permitted reduction of the amount payable to the State homes under certain conditions and prohibited payments to State homes where a bar or canteen is maintained therein where intoxicating liquors are sold.
Source credit
Pub. L. 88–450, §3(a), Aug. 19, 1964, 78 Stat. 500
Oct 15, 1962 – Aug 19, 1964
Amended · full text not held
Subsec. (b). Pub. L. 87–819 provided that no reduction shall be made by the retention or collection by a State home of amounts from the estate of a deceased veteran if such amounts are placed in a post or other special fund for the benefit of the State home or its inhabitants in providing the benefits enumerated in clauses (A) to (C).
Source credit
Pub. L. 87–819, §1, Oct. 15, 1962, 76 Stat. 935
Jul 12, 1960 – Oct 15, 1962
Amended · full text not held
Subsec. (a). Pub. L. 86–625 substituted "at the per diem rate of $2.50 per diem for each veteran" for "at the annual rate of $700.00 for each veteran".
Source credit
Pub. L. 86–625, July 12, 1960, 74 Stat. 424
Sep 2, 1958 – Jul 12, 1960
Enacted · full text not held
Source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, §641

See all changes since 1992 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1992; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

Veterans Benefits Law

Terms defined in this section

Statein this subchapter