[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3583 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3583

   To amend title 38, United States Code, to increase flexibility in 
       payments for State veterans homes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2010

  Mrs. Murray (for herself, Mr. Sanders, Ms. Snowe, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to increase flexibility in 
       payments for State veterans homes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASED FLEXIBILITY IN PAYMENTS FOR STATE VETERANS HOMES.

    (a) In General.--Subsection (a) of section 1745 of title 38, United 
States Code, is amended to read as follows:
    ``(a)(1) If a State home provides nursing home care to a covered 
veteran and the cost of such care, as determined under paragraph (3), 
exceeds the amount paid, if any, to such State home for such care under 
part A of title XVIII and under title XIX of the Social Security Act 
(42 U.S.C. 1395c et seq., 1396 et seq.), the Secretary shall pay such 
State home an amount for such care equal to such excess.
    ``(2) For purposes of this subsection, a covered veteran is any 
veteran as follows:
            ``(A) A veteran in need of nursing home care for a service-
        connected disability.
            ``(B) A veteran who--
                    ``(i) has a service-connected disability rated at 
                70 percent or more; and
                    ``(ii) is in need of nursing home care.
    ``(3) The cost of care determined under this paragraph is an amount 
equal to the applicable or prevailing rate payable in the geographic 
area in which the State home is located, as determined by the 
Secretary, for nursing home care furnished in a non-Department nursing 
home (as that term is defined in section 1720(e)(2) of this title).
    ``(4)(A) The Secretary shall reimburse a State home for any 
copayment required of a covered veteran under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.) in connection with nursing home 
care received by the covered veteran from the State home.
    ``(B) A State home receiving reimbursement under subparagraph (A) 
for a copayment required of a covered veteran shall apply such 
reimbursement to the covered veteran's copayment obligations under such 
title XVIII.
    ``(5) In lieu of receiving payment under paragraphs (1), (3), and 
(4), a State home may elect to receive payment from the Secretary to 
furnish nursing home care to a veteran described in paragraph (2) 
through an agreement entered into by the Secretary and the State home 
under the provisions of section 1720 of this title.
    ``(6) Payments to State homes pursuant to this section shall not be 
considered a liability of a third party, or otherwise be used to offset 
or reduce any other payment made to assist veterans.''.
    (b) Conforming Amendments.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1), by amending subparagraph (A) to read 
        as follows:
                    ``(A)(i) is not a veteran described in subsection 
                (a)(2); or
                    ``(ii) is a covered veteran described in such 
                subsection but is not receiving nursing home care from 
                a State home; and''; and
            (2) in paragraph (2), by amending subparagraph (B) to read 
        as follows:
                    ``(B)(i) is not a veteran described in subsection 
                (a)(2); or
                    ``(ii) is a veteran described in such subsection 
                but is not receiving nursing home care from a State 
                home; and''.
    (c) Effective Dates.--The amendments made by this Act shall take 
effect on the date that is 90 days after the date of the enactment of 
this Act.
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