
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: 38USC1730]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
   SUBCHAPTER III--MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND 
           NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
 
Sec. 1730. Community residential care

    (a) Subject to this section and regulations to be prescribed by the 
Secretary under this section, the Secretary may assist a veteran by 
referring such veteran for placement in, and aiding such veteran in 
obtaining placement in, a community residential-care facility if--
        (1) at the time of initiating the assistance the Secretary--
            (A) is furnishing the veteran medical services on an 
        outpatient basis or hospital, domiciliary, or nursing home care; 
        or
            (B) has furnished the veteran such care or services within 
        the preceding 12 months; and

        (2) placement of the veteran in a community residential-care 
    facility is appropriate.

    (b)(1) The Secretary may not provide assistance under subsection (a) 
of this section with respect to a community residential-care facility 
unless such facility is approved by the Secretary for the purposes of 
this section.
    (2) The Secretary's approval of a facility for the purposes of this 
section shall be based upon the Secretary's determination, after 
inspection of the facility, that the facility meets the standards 
established in regulations prescribed under this section. Such standards 
shall include the following:
        (A) Health and safety criteria, including a requirement of 
    compliance with applicable State laws and local ordinances relating 
    to health and safety.
        (B) A requirement that the costs charged for care by a facility 
    be reasonable, as determined by the Secretary, giving consideration 
    to such factors as (i) the level of care, supervision, and other 
    services to be provided, (ii) the cost of goods and services in the 
    geographic area in which the facility is located, and (iii) 
    comparability with other facilities in such area providing similar 
    services.
        (C) Criteria for determining the resources that a facility needs 
    in order to provide an appropriate level of services to veterans.
        (D) Such other criteria as the Secretary determines are 
    appropriate to protect the welfare of veterans placed in a facility 
    under this section.

    (3) Payment of the charges of a community residential-care facility 
for any care or service provided to a veteran whom the Secretary has 
referred to that facility under this section is not the responsibility 
of the United States or of the Department.
    (c)(1) In order to determine continued compliance by community 
residential-care facilities that have been approved under subsection (b) 
of this section with the standards established in regulations prescribed 
under this section, the Secretary shall provide for periodic inspection 
of such facilities.
    (2) If the Secretary determines that a facility is not in compliance 
with such standards, the Secretary (in accordance with regulations 
prescribed under this section)--
        (A) shall cease to refer veterans to such facility; and
        (B) may, with the permission of the veteran (or the person or 
    entity authorized by law to give permission on behalf of the 
    veteran), assist in removing a veteran from such facility.

Regulations prescribed to carry out this paragraph shall provide for 
reasonable notice and, upon request made on behalf of the facility, a 
hearing before any action authorized by this paragraph is taken.
    (d) The Secretary shall prescribe regulations to carry out this 
section. Such regulations shall include the standards required by 
subsection (b) of this section.
    (e)(1) To the extent possible, the Secretary shall make available 
each report of an inspection of a community residential-care facility 
under subsection (b)(2) or (c)(1) of this section to each Federal, 
State, and local agency charged with the responsibility of licensing or 
otherwise regulating or inspecting such facility.
    (2) The Secretary shall make the standards prescribed in regulations 
under subsection (d) of this section available to all Federal, State, 
and local agencies charged with the responsibility of licensing or 
otherwise regulating or inspecting community residential-care 
facilities.
    (f) For the purpose of this section, the term ``community 
residential-care facility'' means a facility that provides room and 
board and such limited personal care for and supervision of residents as 
the Secretary determines, in accordance with regulations prescribed 
under this section, are necessary for the health, safety, and welfare of 
residents.

(Added Pub. L. 98-160, title I, Sec. 104(a), Nov. 21, 1983, 97 Stat. 
996, Sec. 630; amended Pub. L. 102-54, Sec. 14(b)(15), June 13, 1991, 
105 Stat. 284; renumbered Sec. 1730 and amended Pub. L. 102-83, 
Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-
406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 630 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-54 struck out ``(1)'' after ``(a)'' and redesignated 
former subpar. (A) as par. (1), cls. (i) and (ii) as subpars. (A) and 
(B), respectively, and former subpar. (B) as par. (2).
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing and 
``Secretary's'' for ``Administrator's'' in two places.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in par. (3).
    Subsecs. (c) to (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
