Last Updated on June 1, 2019 by LawEuro
[115th Congress Public Law 159]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 1244]]
Public Law 115-159
115th Congress
An Act
To amend title 38, United States Code, to improve the provision of adult
day health care services for veterans. <<NOTE: Mar. 27, 2018 – [S.
324]>>
Be it enacted by the Senate and House of <<NOTE: State Veterans Home
Adult Day Health Care Improvement Act of 2017.>> Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This Act may be cited as the “State Veterans Home Adult Day Health
Care Improvement Act of 2017”.
SEC. 2. PROVISION OF CERTAIN ADULT DAY HEALTH CARE SERVICES FOR
VETERANS.
(a) In General.–Section 1745 of title 38, United States Code, is
amended–
(1) by adding at the end the following new subsection:
“(d)(1) The Secretary shall enter into an agreement with each State
home for payment by the Secretary for medical supervision model adult
day health care provided to a veteran described in subsection (a)(1) on
whose behalf the State home is not in receipt of payment for nursing
home care from the Secretary.
“(2)(A) Payment under each agreement between the Secretary and a
State home under paragraph (1) for each veteran who receives medical
supervision model adult day health care under such agreement shall be
made at a rate established through regulations prescribed by the
Secretary to adequately reimburse the State home for the care provided
by the State home, including necessary transportation expenses.
“(B) The Secretary shall consult with the State homes in
prescribing regulations under subparagraph (A).
“(C) The rate established through regulations under subparagraph
(A) shall not take effect until the date that is 30 days after the date
on which those regulations are published in the Federal Register.
“(3) Payment by the Secretary under paragraph (1) to a State home
for medical supervision model adult day health care provided to a
veteran described in that paragraph constitutes payment in full to the
State home for such care furnished to that veteran.
“(4) In this subsection, the term `medical supervision model adult
day health care’ means adult day health care that includes the
coordination of physician services, dental services, nursing services,
the administration of drugs, and such other requirements as determined
appropriate by the Secretary.”; and
(2) in the section heading, by inserting “, adult day
health care,” after “home care”.
[[Page 132 STAT. 1245]]
(b) <<NOTE: 38 USC 1745 note.>> Initial Rate.–Before the Secretary
of Veterans Affairs establishes a payment rate under subsection
(d)(2)(A) of section 1745 of such title, as added by subsection (a), the
Secretary shall pay to a State home that has entered into an agreement
with the Secretary for medical supervision model adult day health care
(as defined in subsection (d)(4) of such section) an amount equal to 65
percent of the rate the Secretary would pay under subsection (a)(2) of
such section to the State home for nursing home care provided to the
veteran.
(c) Clerical Amendment.–The table of sections at the beginning of
chapter 17 of such title <<NOTE: 38 USC 1701 prec.>> is amended by
striking the item relating to section 1745 and inserting the following
new item:
“1745. Nursing home care, adult day health care, and medications for
veterans with service-connected disabilities.”.
Approved March 27, 2018.
LEGISLATIVE HISTORY–S. 324 (H.R. 1005):
—————————————————————————
HOUSE REPORTS: No. 115-148 (Comm. on Veterans’ Affairs) accompanying
H.R. 1005.
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Nov. 9, considered and passed
Senate.
Vol. 164 (2018):
Mar. 13, considered and passed
House.
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