38 U.S. Code § 1745. Nursing home care, adult day health care, and medications for veterans with service-connected disabilities
Pub. L. 115–251, title II, § 211(a)(9), Sept. 29, 2018, 132 Stat. 3175, provided that subsection (a)(4)(B)(ii)(III) of this section, set out below, is amended by striking “subchapter V of chapter 17 of this title” and inserting “this subchapter”. See 2018 Amendment note below.
Pub. L. 115–182, title I, § 103, June 6, 2018, 132 Stat. 1408, provided that, applicable to care provided on or after the effective date of regulations issued by the Secretary of Veterans Affairs, subsection (a) of this section is amended—
(1) in paragraph (1), by striking “(or agreement under section 1720(c)(1) of this title)” and inserting “(or an agreement)”; and
(2) by adding at the end the following new paragraph:
(4)(A) An agreement under this section may be authorized by the Secretary or any Department official authorized by the Secretary, and any such action is not an award for purposes of such laws that would otherwise require the use of competitive procedures for the furnishing of hospital care, medical services, and extended care services.
(B)(i) Except as provided in the agreement itself, in clause (ii), and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any provision of law to which providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject.
(ii) A State home that enters into an agreement under this section is subject to—
(I) all provisions of law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties;
(II) all provisions of law that protect against employment discrimination or that otherwise ensure equal employment opportunities; and
(III) all provisions in subchapter V of chapter 17 of this title.
(iii) Notwithstanding subparagraph (B)(ii)(I), a State home that enters into an agreement under this section may not be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41 (known as the “McNamara-O’Hara Service Contract Act of 1965”).
See 2018 Amendment notes below.
2018—Pub. L. 115–159, § 2(a)(2), inserted “, adult day health care,” after “home care” in section catchline.
Subsec. (a)(4). Pub. L. 115–182, § 103(a)(2), added par. (4).
Subsec. (a)(4)(B)(ii)(III). Pub. L. 115–251 substituted “this subchapter” for “subchapter V of chapter 17 of this title”.
Subsec. (d). Pub. L. 115–159, § 2(a)(1), added subsec. (d).
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
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).
Amendment by Pub. L. 112–154 applicable to care provided on or after the date that is 180 days after Aug. 6, 2012, with certain exceptions, see section 105(c) of Pub. L. 112–154, set out as a note under 1720 of this title.
Section and amendment by section 211(a)(2) of Pub. L. 109–461 effective 90 days after Dec. 22, 2006, see section 211(a)(5) of Pub. L. 109–461, set out as an Effective Date of 2006 Amendment note under section 1710 of this title.