[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Page S7160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1581. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill S. 324, to amend title 38, United States Code, to improve the 
provision of adult day health care services for veterans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Veterans Home Adult 
     Day Health Care Improvement Act of 2017''.

     SEC. 2. PROVISION OF CERTAIN ADULT DAY HEALTH CARE SERVICES 
                   FOR VETERANS.

       (a) In General.--Section 1745 of title 38, United States 
     Code, is amended--
       (1) by adding at the end the following new subsection:
       ``(d)(1) The Secretary shall enter into an agreement with 
     each State home for payment by the Secretary for medical 
     supervision model adult day health care provided to a veteran 
     described in subsection (a)(1) on whose behalf the State home 
     is not in receipt of payment for nursing home care from the 
     Secretary.
       ``(2)(A) Payment under each agreement between the Secretary 
     and a State home under paragraph (1) for each veteran who 
     receives medical supervision model adult day health care 
     under such agreement shall be made at a rate established 
     through regulations prescribed by the Secretary to adequately 
     reimburse the State home for the care provided by the State 
     home, including necessary transportation expenses.
       ``(B) The Secretary shall consult with the State homes in 
     prescribing regulations under subparagraph (A).
       ``(C) The rate established through regulations under 
     subparagraph (A) shall not take effect until the date that is 
     30 days after the date on which those regulations are 
     published in the Federal Register.
       ``(3) Payment by the Secretary under paragraph (1) to a 
     State home for medical supervision model adult day health 
     care provided to a veteran described in that paragraph 
     constitutes payment in full to the State home for such care 
     furnished to that veteran.
       ``(4) In this subsection, the term `medical supervision 
     model adult day health care' means adult day health care that 
     includes the coordination of physician services, dental 
     services, nursing services, the administration of drugs, and 
     such other requirements as determined appropriate by the 
     Secretary.''; and
       (2) in the section heading, by inserting ``, adult day 
     health care,'' after ``home care''.
       (b) Initial Rate.--Before the Secretary of Veterans Affairs 
     establishes a payment rate under subsection (d)(2)(A) of 
     section 1745 of such title, as added by subsection (a), the 
     Secretary shall pay to a State home that has entered into an 
     agreement with the Secretary for medical supervision model 
     adult day health care (as defined in subsection (d)(4) of 
     such section) an amount equal to 65 percent of the rate the 
     Secretary would pay under subsection (a)(2) of such section 
     to the State home for nursing home care provided to the 
     veteran.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by striking 
     the item relating to section 1745 and inserting the following 
     new item:

``1745. Nursing home care, adult day health care, and medications for 
              veterans with service-connected disabilities.''.
                                 ______