
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: 38USC1720C]

 
                      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. 1720C. Noninstitutional alternatives to nursing home care

    (a) The Secretary may furnish medical, rehabilitative, and health-
related services in noninstitutional settings for veterans who are 
eligible under this chapter for, and are in need of, nursing home care. 
The Secretary shall give priority for participation in such program to 
veterans who--
        (1) are in receipt of, or are in need of, nursing home care 
    primarily for the treatment of a service-connected disability; or
        (2) have a service-connected disability rated at 50 percent or 
    more.

    (b)(1) Under the program conducted pursuant to subsection (a), the 
Secretary shall (A) furnish appropriate health-related services solely 
through contracts with appropriate public and private agencies that 
provide such services, and (B) designate Department health-care 
employees to furnish case management services to veteran furnished 
services under the program.
    (2) For the purposes of paragraph (1), the term ``case management 
services'' includes the coordination and facilitation of all services 
furnished to a veteran by the Department of Veterans Affairs, either 
directly or through contract, including assessment of needs, planning, 
referral (including referral for services to be furnished by the 
Department, either directly or through a contract, or by an entity other 
than the Department), monitoring, reassessment, and followup.
    (c) The Secretary may provide in-kind assistance (through the 
services of Department of Veterans Affairs employees and the sharing of 
other Department resources) to a facility furnishing services to 
veterans under subsection (b)(1)(A). Any such in-kind assistance shall 
be provided under a contract between the Department and the facility 
concerned. The Secretary may provide such assistance only for use solely 
in the furnishing of appropriate services under this section and only 
if, under such contract, the Department receives reimbursement for the 
full cost of such assistance (including the cost of services and 
supplies and normal depreciation and amortization of equipment). Such 
reimbursement may be made by reduction in the charges to the United 
States or by payment to the United States. Any funds received through 
such reimbursement shall be credited to funds allotted to the Department 
facility that provided the assistance.
    (d) The total cost of providing services or in-kind assistance in 
the case of any veteran for any fiscal year under the program may not 
exceed 65 percent of the cost that would have been incurred by the 
Department during that fiscal year if the veteran had been furnished, 
instead, nursing home care under section 1710 of this title during that 
fiscal year.
    (e) The authority of the Secretary to enter into contracts under 
this section shall be effective for any fiscal year only to the extent 
that appropriations are available.

(Added Pub. L. 101-366, title II, Sec. 201(a)(1), Aug. 15, 1990, 104 
Stat. 437, Sec. 620C; renumbered Sec. 1720C and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-452, title 
I, Sec. 103(c), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104-110, title I, 
Sec. 101(c), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105-114, title II, 
Sec. 206(a)-(b)(2), Nov. 21, 1997, 111 Stat. 2289.)


                               Amendments

    1997--Pub. L. 105-114, Sec. 206(b)(2), struck out ``: pilot 
program'' after ``home care'' in section catchline.
    Subsec. (a). Pub. L. 105-114, Sec. 206(a), substituted ``The 
Secretary may furnish'' for ``During the period through December 31, 
1997, the Secretary may conduct a pilot program for the furnishing of''.
    Subsec. (b)(1). Pub. L. 105-114, Sec. 206(b)(1), substituted ``Under 
the program'' for ``Under the pilot program''.
    Subsec. (d). Pub. L. 105-114, Sec. 206(b)(1), substituted ``under 
the program'' for ``under the pilot program''.
    1996--Subsec. (a). Pub. L. 104-110 substituted ``December 31, 1997'' 
for ``September 30, 1995'' in introductory provisions.
    1994--Subsec. (a). Pub. L. 103-452, in introductory provisions, 
substituted ``During the period through September 30, 1995,'' for 
``During the four-year period beginning on October 1, 1990,'' and 
``care. The Secretary shall give priority for participation in such 
program to veterans who'' for ``care and who''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 620C of this 
title as this section.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1710'' for 
``610''.


                    Effective Date of 1994 Amendment

    Section 103(c)(1) of Pub. L. 103-452 provided that the amendment 
made by that section is effective Oct. 1, 1994.


       Ratification of Actions During Period of Expired Authority

    Any action taken by Secretary of Veterans Affairs before Feb. 13, 
1996, under provision of law amended by title I of Pub. L. 104-110 that 
was taken during period beginning on date on which authority of 
Secretary under such provision of law expired and ending on Feb. 13, 
1996, considered to have same force and effect as if such amendment had 
been in effect at time of that action, see section 103 of Pub. L. 104-
110, set out as a note under section 1710 of this title.


                   Report to Congressional Committees

    Section 201(b) of Pub. L. 101-366, as amended by Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-452, title I, 
Sec. 103(g), Nov. 2, 1994, 108 Stat. 4787, provided that: ``Not later 
than February 1, 1995, the Secretary of Veterans Affairs shall submit to 
the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report setting forth the Secretary's evaluation, 
findings, and conclusions regarding the conduct, through September 30, 
1993, of the pilot program required by section 1720C [formerly 620C] of 
title 38, United States Code (as added by subsection (a)), and the 
results of the furnishing of care under such pilot program for the 
participating veterans. The report shall include a description of the 
conduct of the pilot program (including a description of the veterans 
furnished services and of the services furnished under the pilot 
program), and any plans for administrative action, and any 
recommendations for legislation, that the Secretary considers 
appropriate to include in the report.''
