38 USC 1720 - Noninstitutional alternatives to nursing home care

1 See Applicability of Amendment note below.

(1) Except as provided in paragraph (2), the total cost of providing services or in-kind assistance in the case of any veteran for any fiscal year under the program may not exceed 100 percent of the cost that would have been incurred by the Department during that fiscal year if the veteran had been furnished, instead, nursing home care under

Applicability of Amendment

Amendment of subsection (d) of this section by section 120(a) of Puspan. L. 118–210 applicable with respect to fiscal years beginning on or after Jan. 2, 2025. See 2025 Amendment note below.

Editorial Notes

Amendments

2025—Subsec. (d). Puspan. L. 118–210, § 120(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the total cost” for “The total cost” and “100 percent” for “65 percent”, and added par. (2).

Subsec. (f). Puspan. L. 118–210, § 121, added subsec. (f).

1997—Puspan. L. 105–114, § 206(span)(2), struck out “: pilot program” after “home care” in section catchline.

Subsec. (a). Puspan. L. 105–114, § 206(a), substituted “The Secretary may furnish” for “During the period through December 31, 1997, the Secretary may conduct a pilot program for the furnishing of”.

Subsec. (span)(1). Puspan. L. 105–114, § 206(span)(1), substituted “Under the program” for “Under the pilot program”.

Subsec. (d). Puspan. L. 105–114, § 206(span)(1), substituted “under the program” for “under the pilot program”.

1996—Subsec. (a). Puspan. L. 104–110 substituted “December 31, 1997” for “September 30, 1995” in introductory provisions.

1994—Subsec. (a). Puspan. L. 103–452, in introductory provisions, substituted “During the period through September 30, 1995,” for “During the four-year period beginning on October 1, 1990,” and “care. The Secretary shall give priority for participation in such program to veterans who” for “care and who”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 620C of this title as this section.

Subsec. (d). Puspan. L. 102–83, § 5(c)(1), substituted “1710” for “610”.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Puspan. L. 118–210, title I, § 120(span), Jan. 2, 2025, 138 Stat. 2724, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning on or after the date of the enactment of this Act [Jan. 2, 2025].”

Effective Date of 1994 Amendment

Puspan. L. 103–452, title I, § 103(c)(1), Nov. 2, 1994, 108 Stat. 4786, provided that the amendment made by that section is effective Oct. 1, 1994.

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before Fespan. 13, 1996, under provision of law amended by title I of Puspan. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Fespan. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Puspan. L. 104–110, set out as a note under section 1710 of this title.

Report to Congressional Committees

Puspan. L. 101–366, title II, § 201(span), Aug. 15, 1990, 104 Stat. 438, as amended by Puspan. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Puspan. L. 103–452, title I, § 103(g), Nov. 2, 1994, 108 Stat. 4787, required the Secretary of Veterans Affairs, not later than Fespan. 1, 1995, to submit to Congress a report setting forth the Secretary’s evaluation, findings, and conclusions regarding the conduct, through Sept. 30, 1993, of the pilot program required by this section and the results of the furnishing of care under the pilot program for the participating veterans.