38 CFR § 59.110 - Recapture provisions.
If a facility for which a grant has been awarded ceases to be operated as a State home for the purpose for which the grant was made, the United States shall be entitled to recover from the State which was the recipient of the grant or from the then owner of such construction as follows:
(a) If less than 20 years has lapsed since the grant was awarded, and VA provided 65 percent of the estimated cost to construct, acquire or renovate a State home facility principally for furnishing domiciliary care, nursing home care, adult day health care, hospital care, or non-institutional care to veterans, VA shall be entitled to recover 65 percent of the current value of such facility (but in no event an amount greater than the amount of assistance provided for such under these regulations), as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated.
(b) Based on the time periods for grant amounts set forth below, if VA provided between 50 and 65 percent of the estimated cost of expansion, remodeling, or alteration of an existing State home facility, VA shall be entitled to recover the amount of the grant as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated:
| Grant amount
(dollars in thousands) |
Recovery period
(in years) |
|---|---|
| 0–250 | 7 |
| 251–500 | 8 |
| 501–750 | 9 |
| 751–1,000 | 10 |
| 1,001–1,250 | 11 |
| 1,251–1,500 | 12 |
| 1,501–1,750 | 13 |
| 1,751–2,000 | 14 |
| 2,001–2,250 | 15 |
| 2,251–2,500 | 16 |
| 2,501–2,750 | 17 |
| 2,751–3,000 | 18 |
| Over 3,000 | 20 |
(c) If the magnitude of the VA contribution is below 50 percent of the estimated cost of the expansion, remodeling, or alteration of an existing State home facility recognized by the Department of Veterans Affairs, the Under Secretary for Health may authorize a recovery period between 7 and 20 years depending on the grant amount involved and the magnitude of the project.
(d) This section does not apply to any portion of a State home in which VA has established and operates an outpatient clinic.