1.This Act may be cited as the
Veterans Long-Term Care Security Act
of 2006
.
2.Requirement for report
to Congress before implementation of reduction in per diem rates for care
provided to veterans in State homes
(a)Subsection (c) of
section 1741 of title 38, United States Code, is amended—
(1)by inserting (1)
after
(c)
; and
(2)by adding at the end the following new
paragraph:
(2)(A)If the Secretary proposes to implement a
reduction in payments made under this section with respect to a fiscal year the
Secretary shall, not later than January 1 of the preceding fiscal year, submit
to the Committee on Veterans’ Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report containing a
detailed justification of such proposed reduction.
(B)For purposes of this paragraph, a reduction
in payments is—
(i)a
lack of increase in the rates paid under subsection (a) pursuant to a
determination of the Secretary under paragraph (1); or
(ii)a
modification of the eligibility for veterans to receive care in State homes
that would, if enacted into law, result in fewer veterans eligible to receive
such care in State homes.
(C)In preparing a report under subparagraph
(A), the Secretary shall consult with the heads and appropriate officials of
the State and local agencies responsible for the supervision of State homes in
each State in which State homes are operated, and representatives of such other
organizations with expertise in State home matters as the Secretary determines
appropriate.
(D)A
report under subparagraph (A) shall include the following information:
(i)A
specific description of the degree to which the proposed reduction in payments
would effect the financial well-being of each State home.
(ii)A
detailed description of the consultation with heads, officials, and
representatives required under subparagraph (C), and the results of that
consultation.
(iii)A description of the intent of the
Secretary to recover grant amounts under section 8136(a) of this title where a
State determines, as a result of the proposed reduction in payments, to close a
State home within the period prescribed under that section.
(iv)A
description of the effect of the proposed reduction in payments on the
long-term care needs of veterans who receive care in State homes, including a
description of the options for long-term care in reasonably proximate
facilities available to such veterans and an assessment of the cost of the
provision of care for such veterans in such
facilities.
.
(b)The amendment made by
subsection (a) shall take effect on the date of enactment of this Act, and
apply with respect to per diem payments made under section 1741 of title 38,
United States Code, on or after such date.
3.Nursing home care and
prescription medications in State homes for veterans with service-connected
disabilities
(a)Subchapter V of chapter
17 of title 38, United States Code, is amended by adding at the end the
following new section:
1744.Nursing home care
and medications for veterans with service-connected disabilities
(a)(1)The Secretary shall pay each State home for
nursing home care at the applicable rate payable under section 1720 of this
title for nursing home care furnished in a non-Department nursing home (as that
term is defined in subsection (e)(2) of such section), where such care is
provided to any veteran as follows:
(A)Any veteran in need of such care for a
service-connected disability.
(B)Any veteran who—
(i)has a service-connected disability rated at
70 percent or more; and
(ii)is in need of such care.
(2)Payment by the Secretary under paragraph
(1) to a State home for nursing home care provided to a veteran described in
that paragraph constitutes payment in full to the State home for such care
furnished to that
veteran.
.
(b)Provision of
prescription medicinesSuch
section is further amended by adding at the end the following new
subsection:
(b)The Secretary shall furnish such drugs and
medicines as may be ordered on prescription of a duly licensed physician as
specific therapy in the treatment of illness or injury to any veteran as
follows:
(1)Any veteran in need of such drugs and
medicines for a service-connected disability.
(2)Any veteran who—
(A)has a service-connected disability rated at
50 percent or more;
(B)is provided nursing home care that is
payable under subsection (a); and
(C)is in need of such drugs and
medicines.
.
(c)
(1)Section 1741(a)(1) of
such title is amended by striking The
and inserting
Except as provided in section 1744 of this title, the
.
(2)Eligibility for
nursing home careSection
1710(a)(4) of such title is amended—
(A)by striking and
before
the requirement in section 1710B of this title
; and
(B)by inserting , and the requirement
in section 1744 of this title to provide nursing home care and prescription
medicines to veterans with service-connected disabilities in State
homes
after a program of extended care services
.
(d)The table of
sections at the beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1743 the following new item:
1744. Nursing home care and
medications for veterans with service-connected
disabilities.
.
(e)The amendment made by
this section shall take effect on October 1, 2006.
4.Authority to treat
certain health facilities as State homes
(a)Subchapter III of chapter 81 of title 38,
United States Code, is amended by adding at the end the following new
section:
8138.Treatment of
certain health facilities as State homes
(a)The Secretary may treat a health facility
as a State home for purposes of subchapter V of chapter 17 of this title if the
following requirements are met:
(1)The facility meets the standards for the
provision of nursing home care that is applicable to State homes, as prescribed
by the Secretary under section 8134(b) of this title, and such other standards
relating to the facility as the Secretary may require.
(2)The facility is licensed or certified by
the appropriate State and local agencies charged with the responsibility of
licensing or otherwise regulating or inspecting State home facilities.
(3)The State demonstrates in an application to
the Secretary that, but for the treatment of a facility as a State home under
this subsection, a substantial number of veterans residing in the geographic
area in which the facility is located who require nursing home care will not
have access to such care.
(4)The Secretary determines that the treatment
of the facility as a State home best meets the needs of veterans for nursing
home care in the geographic area in which the facility is located.
(5)The Secretary approves the application
submitted by the State with respect to the facility.
(b)The Secretary may not treat a health
facility as a State home under subsection (a) if the Secretary determines that
such treatment would increase the number of beds allocated to the State in
excess of the limit on the number of beds provided for by regulations
prescribed under section 8134(a) of this title.
(c)The number of beds occupied by veterans in
a health facility for which payment may be made under subchapter V of chapter
17 of this title by reason of subsection (a) shall not exceed the number of
veterans in beds in State homes that otherwise would be permitted in the State
under regulations prescribed under section 8134(a) of this title.
(d)The number of beds in a health facility in
a State that has been treated as a State home under subsection (a) shall be
taken into account in determining the unmet need for beds for State homes for
the State under section 8134(d)(1) of this
title.
.
(b)The table of
sections at the beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8137 the following new item:
8138. Treatment of certain
health facilities as State
homes.
.