
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1720B]

 
                      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. 1720B. Respite care

    (a) The Secretary may furnish respite care services to a veteran who 
is enrolled to receive care under section 1710 of this title.
    (b) For the purpose of this section, the term ``respite care 
services'' means care and services which--
        (1) are of limited duration;
        (2) are furnished on an intermittent basis to a veteran who is 
    suffering from a chronic illness and who resides primarily at home; 
    and
        (3) are furnished for the purpose of helping the veteran to 
    continue residing primarily at home.

    (c) In furnishing respite care services, the Secretary may enter 
into contract arrangements.

(Added Pub. L. 99-576, title II, Sec. 201(a)(1), Oct. 28, 1986, 100 
Stat. 3254, Sec. 620B; amended Pub. L. 101-237, title II, Sec. 201(a), 
Dec. 18, 1989, 103 Stat. 2066; renumbered Sec. 1720B and amended Pub. L. 
102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 404-406; Pub. L. 102-585, title V, Sec. 502, Nov. 4, 1992, 106 
Stat. 4955; Pub. L. 106-117, title I, Sec. 101(e), Nov. 30, 1999, 113 
Stat. 1549.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-117, Sec. 101(e)(1), substituted 
``enrolled'' for ``eligible''.
    Subsec. (b). Pub. L. 106-117, Sec. 101(e)(2), in introductory 
provisions, substituted ``the term `respite care services' means care 
and services'' for ``the term `respite care' means hospital or nursing 
home care'', in par. (1) substituted ``are'' for ``is'', in par. (2) 
substituted ``are'' for ``is'' and struck out ``in a Department 
facility'' after ``furnished'', and in par. (3) substituted ``are'' for 
``is''.
    Subsec. (c). Pub. L. 106-117, Sec. 101(e)(3), added subsec. (c).
    1992--Subsec. (c). Pub. L. 102-585 struck out subsec. (c) which read 
as follows: ``The authority provided by this section terminates on 
September 30, 1992.''
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 620B of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1710'' for 
``610''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (b)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    1989--Subsec. (c). Pub. L. 101-237 substituted ``September 30, 
1992'' for ``September 30, 1989''.


    Ratification of Actions of Secretary of Veterans Affairs During 
                           Transition Periods

    Section 604 of Pub. L. 101-237 ratified actions of the Secretary of 
Veterans Affairs in carrying out this section, section 115 of Pub. L. 
100-322 [38 U.S.C. 1712 note], section 618 of Pub. L. 100-440 [5 U.S.C. 
6302 note], or section 1829 [now 3729] of this title, by contract or 
otherwise, during the period beginning Dec. 1, 1989, and ending Dec. 18, 
1989.
    Pub. L. 101-110, Sec. 3(b), Oct. 6, 1989, 103 Stat. 682, ratified 
actions of the Secretary of Veterans Affairs in carrying out this 
section, section 115 of Pub. L. 100-322 [38 U.S.C. 1712 note], section 
618 of Pub. L. 100-440 [5 U.S.C. 6302 note], or section 1829 [now 3729] 
of this title, by contract or otherwise, during the period beginning 
Oct. 1, 1989, and ending Oct. 6, 1989.


                Interim Extension of Respite Care Program

    Pub. L. 101-110, Sec. 1(a), Oct. 6, 1989, 103 Stat. 682, provided 
that: ``Notwithstanding the provisions of subsection (c) of section 620B 
[now 1720B] of title 38, United States Code, the authority provided by 
such section shall terminate on November 30, 1989.''


                                 Report

    Section 201(b) of Pub. L. 99-576 provided that if the Administrator 
of Veterans' Affairs furnished respite care under this section, the 
Administrator was to conduct an evaluation of the health efficacy and 
cost-effectiveness of furnishing such care and submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives not 
later than Feb. 1, 1989, a report containing the results of such 
evaluation and appropriate recommendations.

                  Section Referred to in Other Sections

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