1.Increased flexibility in
payments for State veterans homes
(a)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)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)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.