
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 224(a)]
[CITE: 38USC1710A]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
 SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL 
                                TREATMENT
 
Sec. 1710A. Required nursing home care

    (a) The Secretary shall provide nursing home care which the 
Secretary determines is needed (1) to any veteran in need of such care 
for a service-connected disability, and (2) to any veteran who is in 
need of such care and who has a service-connected disability rated at 70 
percent or more.
    (b)(1) The Secretary shall ensure that a veteran described in 
subsection (a) who continues to need nursing home care is not, after 
placement in a Department nursing home, transferred from the facility 
without the consent of the veteran, or, in the event the veteran cannot 
provide informed consent, the representative of the veteran.
    (2) Nothing in subsection (a) may be construed as authorizing or 
requiring that a veteran who is receiving nursing home care in a 
Department nursing home on the date of the enactment of this section be 
displaced, transferred, or discharged from the facility.
    (c) The provisions of subsection (a) shall terminate on December 31, 
2003.

(Added Pub. L. 106-117, title I, Sec. 101(a)(1), Nov. 30, 1999, 113 
Stat. 1547.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(b)(2), is the date of enactment of Pub. L. 106-117, which was approved 
Nov. 30, 1999.


                   Report to Congressional Committees

    Pub. L. 106-117, title I, Sec. 101(i), Nov. 30, 1999, 113 Stat. 
1550, provided that: ``Not later than January 1, 2003, the Secretary [of 
Veterans Affairs] shall submit to the Committees on Veterans' Affairs of 
the Senate and House of Representatives a report on the operation of 
this section [enacting this section and section 1710B of this title, 
amending sections 1701, 1710, 1720, 1720B and 1741 of this title, and 
enacting provisions set out as a note under section 1710B of this title] 
(including the amendments made by this section). The Secretary shall 
include in the report--
        ``(1) the Secretary's assessment of the experience of the 
    Department [of Veterans Affairs] under the provisions of this 
    section;
        ``(2) the costs incurred by the Department under the provisions 
    of this section and a comparison of those costs with the Secretary's 
    estimate of the costs that would have been incurred by the Secretary 
    for extended care services if this section had not been enacted; and
        ``(3) the Secretary's recommendations, with respect to the 
    provisions of section 1710A(a) of title 38, United States Code, as 
    added by subsection (a), and with respect to the provisions of 
    section 1701(10) of such title, as added by subsection (b), as to--
            ``(A) whether those provisions should be extended or made 
        permanent; and
            ``(B) what modifications, if any, should be made to those 
        provisions.''

                  Section Referred to in Other Sections

    This section is referred to in section 1710 of this title.
