Text: S.324 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-159 (03/27/2018)

 
[115th Congress Public Law 159]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 1244]]

Public Law 115-159
115th Congress

                                 An Act


 
To amend title 38, United States Code, to improve the provision of adult 
  day health care services for veterans. <<NOTE: Mar. 27, 2018 -  [S. 
                                 324]>> 

    Be it enacted by the Senate and House of <<NOTE: State Veterans Home 
Adult Day Health Care Improvement Act of 2017.>>  Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 38 USC 101 note.>>  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''.

[[Page 132 STAT. 1245]]

    (b) <<NOTE: 38 USC 1745 note.>>  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 <<NOTE: 38 USC 1701 prec.>>  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.''.

    Approved March 27, 2018.

LEGISLATIVE HISTORY--S. 324 (H.R. 1005):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-148 (Comm. on Veterans' Affairs) accompanying 
H.R. 1005.
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Nov. 9, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    Mar. 13, considered and passed 
                                        House.

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