38 U.S. Code § 1745 - Nursing home care and medications for veterans with service-connected disabilities
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(1) The Secretary shall enter into a contract (or agreement under section 1720 (c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home, in any case in which such care is provided to any veteran as follows:
(2) Payment under each contract (or agreement) between the Secretary and a State home under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).
(b) 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 to any veteran as follows:
(1) Any veteran who—
Source(Added and amended Pub. L. 109–461, title II, § 211(a)(1), (2), (b)(1),Dec. 22, 2006, 120 Stat. 3418, 3419; Pub. L. 112–154, title I, § 105(a),Aug. 6, 2012, 126 Stat. 1170.)
2012—Subsec. (a)(1). Pub. L. 112–154, § 105(a)(1), substituted in introductory provisions “The Secretary shall enter into a contract (or agreement under section 1720 (c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home” for “The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)”.
Subsec. (a)(2). Pub. L. 112–154, § 105(a)(2), added par. (2) and struck out former par. (2) which read as follows: “The rate determined under this paragraph with respect to a State home is the lesser of—
“(A) the applicable or prevailing rate payable in the geographic area in which the State home is located, as determined by the Secretary, for nursing home care furnished in a non-Department nursing home (as that term is defined in section 1720 (e)(2) of this title); or
“(B) a rate not to exceed the daily cost of care, as determined by the Secretary, following a report to the Secretary by the director of the State home.”
2006—Subsec. (b). Pub. L. 109–461, § 211(a)(2), added subsec. (b).
Subsec. (c). Pub. L. 109–461, § 211(b)(1), added subsec. (c).
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–154applicable to care provided on or after the date that is 180 days after Aug. 6, 2012, with certain exceptions, see section 105(c) ofPub. L. 112–154, set out as a note under 1720 of this title.
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