§ 1741. Criteria for payment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1741

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 641

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 641

2. 1960

   Pub. L. 86–625 · 74 Stat. 424

   Substituted · 38 U.S.C. § 1741(a)

   Pub. L. 86–625 substituted “at the per diem rate of $2.50 per diem for each veteran” for “at the annual rate of $700.00 for each veteran”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–625 substituted “at the per diem rate of $2.50 per diem for each veteran” for “at the annual rate of $700.00 for each veteran”.

3. 1962

   Pub. L. 87–819 § 1 · 76 Stat. 935

   Changed · 38 U.S.C. § 1741(b)

   Pub. L. 87–819 provided that no reduction shall be made by the retention or collection by a State home of amounts from the estate of a deceased veteran if such amounts are placed in a post or other special fund for the benefit of the State home or its inhabitants in providing the benefits enumerated in clauses (A) to (C)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–819 provided that no reduction shall be made by the retention or collection by a State home of amounts from the estate of a deceased veteran if such amounts are placed in a post or other special fund for the benefit of the State home or its inhabitants in providing the benefits enumerated in clauses (A) to (C).

4. 1964

   Pub. L. 88–450 § 3(a) · 78 Stat. 500

   Amended · 38 U.S.C. § 1741

   Pub. L. 88–450 amended section generally and, among other changes, authorized payment at the per diem rate of $3.50 for each veteran receiving nursing care in a State home, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) of such paragraph (1) shall, for this purpose, refer to the inability to defray the expenses of necessary nursing home care, and eliminated provisions which permitted reduction of the amount payable to the State homes under certain conditions and prohibited payments to State homes where a bar or canteen is maintained therein where intoxicating liquors are sold

   Source evidence

   Code amendment note
   Pub. L. 88–450 amended section generally and, among other changes, authorized payment at the per diem rate of $3.50 for each veteran receiving nursing care in a State home, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) of such paragraph (1) shall, for this purpose, refer to the inability to defray the expenses of necessary nursing home care, and eliminated provisions which permitted reduction of the amount payable to the State homes under certain conditions and prohibited payments to State homes where a bar or canteen is maintained therein where intoxicating liquors are sold.

   Enacted provision · exact public law section
   (a) Section 641 of title 38, United States Code, is amended to read as follows: “§ 641. Criteria for payment “The Administrator shall pay each State at the per diem rate of $2.50 for each veteran of any war receiving hospitalization or domiciliary care in a State home in such State if the veteran is eligible for hospitalization or domiciliary care in a Veterans’ Administration facility, and at the per diem rate of $3.50 for each veteran of any war receiving nursing home care in a State home in such State, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) 72 Stat. 1141; 76 Stat. 381. 38 USC 610. of such paragraph (1) shall, for this purpose, refer to the inability to defray the expenses of necessary nursing home care; however, such payment shall not be more, in any case, than one-half of the cost of the veteran’s maintenance in such State home.”

5. 1968

   Pub. L. 90–432 § 1 · 82 Stat. 448

   Changed · 38 U.S.C. § 1741

   Pub. L. 90–432 increased from $2.50 to $3.50 the per diem rate for hospital or domiciliary care and from $3.50 to $5.00 the per diem rate for nursing home care as the amounts the Administrator shall pay each State providing such services for veterans

   Source evidence

   Code amendment note
   Pub. L. 90–432 increased from $2.50 to $3.50 the per diem rate for hospital or domiciliary care and from $3.50 to $5.00 the per diem rate for nursing home care as the amounts the Administrator shall pay each State providing such services for veterans.

6. 1969

   Pub. L. 91–178 § 1 · 83 Stat. 836

   Changed · 38 U.S.C. § 1741

   Pub. L. 91–178 increased from $3.50 to $7.50 the per diem payment for hospital care

   Source evidence

   Code amendment note
   Pub. L. 91–178 increased from $3.50 to $7.50 the per diem payment for hospital care.

7. 1973

   Veterans Health Care Expansion Act of 1973

   Pub. L. 93–82 title IV § 403(a) · 87 Stat. 179

   Substituted · 38 U.S.C. § 1741

   Pub. L. 93–82 increased from $3.50 to $4.50 the per diem rate for domiciliary care, from $5 to $6 the per diem rate for nursing home care, and from $7.50 to $10 the per diem rate for hospital care, and substituted “veteran of any war or of service after January 31, 1955” for “veteran of any war”

   Source evidence

   Code amendment note
   Pub. L. 93–82 increased from $3.50 to $4.50 the per diem rate for domiciliary care, from $5 to $6 the per diem rate for nursing home care, and from $7.50 to $10 the per diem rate for hospital care, and substituted “veteran of any war or of service after January 31, 1955” for “veteran of any war”.

   Enacted provision · exact public law section
   (a) Section 641 of title 38, United States Code, is amended— (1) striking out in clause (1) “$3.50” and inserting in lieu thereof “$4.50”; (2) striking out in clause (2) “$5” and inserting in lieu thereof “$6”; (3) striking out in clause (3) “$7.50” and inserting in lieu thereof “$10”; and (4) inserting immediately after the words “veteran of any war” the following: “or of service after January 31, 1955”.

8. 1976

   Pub. L. 94–417 § 1(a) · 90 Stat. 1277

   1. Amended · 38 U.S.C. § 1741

      Pub. L. 94–417 designated existing provisions as subsec. (a), increased from $4.50 to $5.50 the per diem rate for domiciliary care, from $6 to $10.50 the per diem rate for nursing home care, and from $10 to $11.50 the per diem rate for hospital care

   2. Struck · 38 U.S.C. § 1741

      Pub. L. 94–417 struck out “of any war or of service after January 31, 1955” after “for each veteran”, “, in the case of such a veteran receiving domiciliary or hospital care,” after “if”, and provisions relating to the case of a veteran receiving nursing home care

   3. Added · 38 U.S.C. § 1741

      Pub. L. 94–417 added subsec. (b)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 94–417 designated existing provisions as subsec. (a), increased from $4.50 to $5.50 the per diem rate for domiciliary care, from $6 to $10.50 the per diem rate for nursing home care, and from $10 to $11.50 the per diem rate for hospital care, struck out “of any war or of service after January 31, 1955” after “for each veteran”, “, in the case of such a veteran receiving domiciliary or hospital care,” after “if”, and provisions relating to the case of a veteran receiving nursing home care, and added subsec. (b).

   Enacted provision · exact public law section
   (1) The amendments made by subsection (a) of this section Effective date. 38 USC 641 note. shall be effective on October 1, 1976.

9. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 title II § 202 · 90 Stat. 2842

   Struck · 38 U.S.C. § 1741

   Pub. L. 94–581 struck out “of any war or of service after January 31, 1955” after “for each veteran” in provisions following par. (3)

   Source evidence

   Code amendment note
   Pub. L. 94–581 struck out “of any war or of service after January 31, 1955” after “for each veteran” in provisions following par. (3).

   Enacted provision · exact public law section
   Sec. 202. Chapter 17 of title 38, United States Code, is amended as follows: (a) The title of such chapter is amended by inserting “NURSING HOME” before “DOMICILIARY”. (b) Section 601 is amended by— (1) striking out “and exclusive” in clause (A) of paragraph (4); (2) (A) inserting after “contracts” in clause (C) of paragraph (4) “when facilities described in clause (A) or (B) of this paragraph are not capable of furnishing economical care because of geographical inaccessibility or of furnishing the care or services required”; (B) redesignating subclauses (ii) and (iii) of such clause (C) as subclauses (iv) and (v). respectively; (C) striking out subclause (i) of such clause (C) and inserting in lieu thereof the following subclauses: “(i) hospital care or medical services to a veteran for the treatment of a service-connected disability or a disability for which a veteran was discharged or released from the active military, naval, or air service; (ii) medical services for the treatment of any disability of a veteran described in clause (1) (B) or (2) of section 612(f) of this title, (iii) hospital care or medical services for the treatment of medical emergencies which pose a serious threat to the life or health of a veteran receiving hospital care in a facility described in clause (A) or (B) of this paragraph;”; and (D) striking out “clause (iii)” where the term appears in subclause (v) (as so redesignated) of such clause (C) and inserting in lieu thereof “subclause (v) ”; and (E) striking out in subclause (ii) of clause (A) of paragraph (5) “for any veteran who is in need of treatment for a service-connected disability or is unable to defray the expense of transportation” and inserting in lieu thereof “pursuant to the provisions of section 111 of this title”. (c) The subchapter heading at the beginning of subchapter II of such chapter is amended by inserting a comma and “Nursing Home,” after “Hospital”. (d) Section 610 is amended by— (1) inserting a comma and “nursing home,” after “hospital” in the catchline of such section; (2) inserting “or nursing home” after “hospital” in subsection (a)(1) (B); (3) striking out “of any war or of service after January 31, 1955,” and the comma after “domiciliary care” in subsection (b)(2); and (4) striking out “and exclusive” in subsection (d). (e) (1) The catchline of section 611 is amended by striking out “Hospitalization” and inserting in lieu thereof “Care”. (2) Subsection (b) of section 611 is amended by inserting “or medical services” after “hospital care”. (f) Section 612 is amended by— (1) striking out “Indian wars” and inserting in lieu thereof “Indian Wars” in subsection (e); (2) striking out “granted” and inserting in lieu thereof “furnished” in subsection (f)(1)(B); and (3) inserting after “Administrator” in subsection (g) a comma and “within the limits of Veterans’ Administration facilities,”. (g) Section 616 is amended by striking out “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”. (h) Subsection (a) of section 620 is amended by— (1) striking out “and exclusive” in clause (1) and in the last sentence of such subsection; and (2) striking out “from time to time” and inserting in lieu thereof “annually” in clause (ii). (i) The subchapter heading at the beginning of subchapter HI of such chapter is amended by inserting “and Nursing Home” after “Hospital”. (j) Clauses (1) through (3) of section 621 are amended by inserting a comma and “nursing home,” after “hospital” each time it appeal’s. (k) Subsection (a) of section 622 is amended by striking out “610 (a)(1)” and inserting in lieu thereof “610 (a) (1) (B) ”, and by striking out “632(b)” and inserting in lieu thereof “632(a) (2)”. (l) Subsection (c) of section 624 is amended by striking out “of any war” after “veteran”. (m) Section 627 is amended by striking out “1958” and inserting in lieu thereof “1957”. (n) Subsection (a)(1) of section 628 is amended by striking out “they” and inserting in lieu thereof “delay”. (o) Section 641 is amended by striking out “of any war or of service after January 31, 1955”.

10. 1979

    Veterans Health Programs Extension and Improvement Act of 1979

    Pub. L. 96–151 title I § 101(b)(1) · 93 Stat. 1092

    1. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 96–151 substituted “$6.35” for “$5.50”

    2. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 96–151 substituted “$12.10” for “$10.50”

    3. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 96–151 substituted “$13.25” for “$11.50”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–151 substituted “$6.35” for “$5.50”, “$12.10” for “$10.50”, and “$13.25” for “$11.50”.

    Enacted provision · exact public law section
    (1) Section 641(a) is amended by striking out “$5.50”, “$10.50”, and “$11.50” and inserting in lieu thereof “$6.35”, “$12.10”, and “$13.25”, respectively.

11. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 105(a)(1) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 98–160, § 105(a)(1), substituted “$7.30” for “$6.35” in par. (3)

    2. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 98–160, § 105(a)(1), substituted “$17.05” for “$12.10” in par. (3)

    3. Substituted · 38 U.S.C. § 1741(a)

       Pub. L. 98–160, § 105(a)(1), substituted “$15.25” for “$13.25” in par. (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–160, § 105(a)(1), substituted “$7.30” for “$6.35” in par. (1), “$17.05” for “$12.10” in par. (2), and “$15.25” for “$13.25” in par. (3).

    Enacted provision · exact public law section
    (1) by striking out “$6.35”, “12.10”, and “$13.25” in subsection (a) and inserting in lieu thereof “$7.30”, “17.05”, and “$15.25”, respectively; and

12. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 105(a)(2) · 97 Stat. 993

    Added · 38 U.S.C. § 1741(c)

    Pub. L. 98–160, § 105(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–160, § 105(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: Report to congressional committees. “(c) The Administrator shall submit every three years to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the adequacy of the rates provided in subsection (a) of this section in light of projections over each of the following five years of the demand on the Veterans’ Administration for the provision of nursing home care to veterans eligible for such care under this section and sections 610 and 620 of this title. The first such report shall be submitted not later than June 30, 1986.”.

13. 1988

    Veterans

    Pub. L. 100–322 § 134(a)(1) · 102 Stat. 487

    1. Added · 38 U.S.C. § 1741(a)

       Pub. L. 100–322, § 134(a)(1), added cls. (1) and (2)

    2. Struck · 38 U.S.C. § 1741(a)

       Pub. L. 100–322, § 134(a)(1), struck out former cls. (1) to (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–322, § 134(a)(1), added cls. (1) and (2) and struck out former cls. (1) to (3) which read as follows:

    “(1) $7.30 for domiciliary care, “(2) $17.05 for nursing home care, and “(3) $15.25 for hospital care,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out clauses (1) through (3) and inserting in lieu thereof the following: “(1) $8.70 for domiciliary care; and “(2) $20.35 for nursing home care and hospital care,”; and

14. 1988

    Veterans

    Pub. L. 100–322 § 134(a)(2) · 102 Stat. 487

    Added · 38 U.S.C. § 1741(d)

    Pub. L. 100–322, § 134(a)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–322, § 134(a)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(d) Whenever the Administrator makes a determination pursuant to section 620(a)(2)(A) of this title that the cost of care furnished by the Veterans’ Administration in a general hospital under the direct jurisdiction of the Administrator has increased, the Administrator may, effective no earlier than the date of such determination, increase the rates paid under subsection (a) of this section by a percentage not greater than the percentage by which the Administrator has determined that such cost of care has increased.”.

15. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1741

    Pub. L. 102–83, § 5(a), renumbered section 641 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 641 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

16. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

17. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in concluding provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in concluding provisions.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

18. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(c)

    Pub. L. 102–83, § 5(c)(1), substituted “1710 and 1720” for “610 and 620”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1710 and 1720” for “610 and 620”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

19. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

20. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(c)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

21. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(d)

    Pub. L. 102–83, § 5(c)(1), substituted “1720(a)(2)(A)” for “620(a)(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720(a)(2)(A)” for “620(a)(2)(A)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

22. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(d)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

23. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1741(d)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

24. 1992

    Veterans Health Care Act of 1992

    Pub. L. 102–585 title IV § 406 · 106 Stat. 4943

    Added · 38 U.S.C. § 1741(e)

    Pub. L. 102–585 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–585 added subsec. (e).

    Enacted provision · exact public law section
    SEC. 406. COMMENCEMENT DATE FOR PAYMENT OF PER DIEM. Section 1741 is amended by adding at the end the following new subsection: “(e) Subject to section 1743 of this title, the payment of per diem for care furnished in a State home facility shall commence on the date of the completion of the inspection for recognition of the facility under section 1742(a) of this title if the Secretary determines, as a result of that inspection, that the State home meets the standards described in such section.”.

25. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1141(a) · 109 Stat. 707

    1. Redesignated · 38 U.S.C. § 1741(c)(e)

       Pub. L. 104–66 redesignated subsecs. (d) and (e) as (c) and (d), respectively

    2. Struck · 38 U.S.C. § 1741(c)(e)

       Pub. L. 104–66 struck out former subsec. (c) which read as follows: “The Secretary shall submit every three years to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the adequacy of the rates provided in subsection (a) of this section in light of projections over each of the following five years of the demand on the Department for the provision of nursing home care to veterans eligible for such care under this section and sections 1710 and 1720 of this title. The first such report shall be submitted not later than June 30, 1986.”

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 104–66 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: “The Secretary shall submit every three years to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the adequacy of the rates provided in subsection (a) of this section in light of projections over each of the following five years of the demand on the Department for the provision of nursing home care to veterans eligible for such care under this section and sections 1710 and 1720 of this title. The first such report shall be submitted not later than June 30, 1986.”

    Enacted provision · exact public law section
    (a) Report on Adequacy of Rates for State Home Care.— Section 1741 of title 38, United States Code, is amended— (1) by striking out subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

26. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 title III § 342(a) · 110 Stat. 3177

    1. Amended · 38 U.S.C. § 1741(a)

       Pub. L. 104–262 designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 1741(a)

       Pub. L. 104–262 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively

    3. Added · 38 U.S.C. § 1741(a)

       Pub. L. 104–262 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–262 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

    Enacted provision · exact public law section
    (a) Payment of Per Diem for Veterans Receiving Adult Day Care.— Section 1741 is amended— (1) by inserting “(1)” after “(a)”; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following new paragraph (2): “(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving adult day health care in a State home, if such veteran is eligible for such care under laws administered by the Secretary.”.

27. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title I § 101(g) · 113 Stat. 1545

    Substituted · 38 U.S.C. § 1741(a)(2)

    Pub. L. 106–117 substituted “extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home” for “adult day health care in a State home”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–117 substituted “extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home” for “adult day health care in a State home”.

    Enacted provision · exact public law section
    (g) State Homes.— Section 1741(a)(2) is amended by striking “adult day health care in a State home” and inserting “extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home”.

28. 2004

    Veterans Health Programs Improvement Act of 2004

    Pub. L. 108–422 title II § 202 · 118 Stat. 2379

    Added · 38 U.S.C. § 1741(e)

    Pub. L. 108–422 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–422 added subsec. (e).

    Enacted provision · exact public law section
    SEC. 202. TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS PER DIEM PAYMENTS TO STATE HOMES FOR VETERANS.   Section 1741 is amended by adding at the end the following new subsection: “(e) Payments to States 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.” .

29. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 211(a)(3)(A) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1741(a)(1)

    Pub. L. 109–461, § 211(a)(3)(A), substituted “Except as provided in section 1745 of this title, the” for “The”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–461, § 211(a)(3)(A), substituted “Except as provided in section 1745 of this title, the” for “The”.

    Enacted provision · exact public law section
    (A) Criteria for payment.— Section 1741(a)(1) 38 USC 1741. is amended by striking “The” and inserting “Except as provided in section 1745 of this title, the”.

    Effective date note
    Amendment by section 211(a)(3)(A) of Pub. L. 109–461 effective 90 days after Dec. 22, 2006, see section 211(a)(5) of Pub. L. 109–461, set out as a note under section 1710 of this title.

30. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 211(b)(2) · 120 Stat. 3403

    Added · 38 U.S.C. § 1741(f)

    Pub. L. 109–461, § 211(b)(2), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–461, § 211(b)(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) in section 1741, by adding at the end the following new subsection: “(f) Any State home that requests payment or reimbursement for services provided to a veteran under this section shall provide to the Secretary such information as the Secretary considers necessary to identify each individual veteran eligible for payment under such section.” .

    Effective date note
    Amendment by section 211(a)(3)(A) of Pub. L. 109–461 effective 90 days after Dec. 22, 2006, see section 211(a)(5) of Pub. L. 109–461, set out as a note under section 1710 of this title.

31. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 3007(b) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 1741(a)(1)

    Pub. L. 116–315, § 3007(b), substituted “under the laws administered by the Secretary” for “in a Department facility” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–315, § 3007(b), substituted “under the laws administered by the Secretary” for “in a Department facility” in concluding provisions.

    Enacted provision · exact public law section
    (b) Modification of Eligibility.— Section 1741(a)(1) of title 38, United States Code, is amended, in the flush text following subparagraph (B), by striking “in a Department facility” and inserting “under the laws administered by the Secretary”.

32. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 3004(b) · 134 Stat. 4932

    Added · 38 U.S.C. § 1741(g)

    Pub. L. 116–315, § 3004(b), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–315, § 3004(b), added subsec. (g).

    Enacted provision · exact public law section
    (b) Payments to State Homes.— Section 1741 of title 38, United States Code, is amended by adding at the end the following new subsection: “(g) In this subchapter, the term ‘State’ means each of the several States and each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).” .

37 of 42 references resolved to an enrolled provision · 5 partial