Title 38 — Veterans’ Benefits
Part II · Chapter 17 — Hospital, Nursing Home, Domiciliary, and Medical Care
§ 1742. Inspections of such homes; restrictions on beneficiaries
Statutory text
The Secretary may inspect any State home at such times as the Secretary deems necessary. No payment or grant may be made to any home under this subchapter unless such home is determined by the Secretary to meet such standards as the Secretary shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 1720(b) of this title.
The Secretary may ascertain the number of persons on account of whom payments may be made under this subchapter on account of any State home, but shall have no authority over the management or control of any State home.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1742
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 642
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 642Veterans Omnibus Health Care Act of 1976
Pub. L. 94–581 title I § 107(a) · 90 Stat. 2842
Substituted · 38 U.S.C. § 1742(a)
Pub. L. 94–581 substituted “as the Administrator deems necessary” for “as he deems necessary” in existing provisions
Inserted · 38 U.S.C. § 1742(a)
Pub. L. 94–581 inserted provision that no payment or grant may be made to any home under this subchapter unless such home is determined by the Administrator to meet such standards as the Administrator shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 620(b) of this title
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–581 substituted “as the Administrator deems necessary” for “as he deems necessary” in existing provisions and inserted provision that no payment or grant may be made to any home under this subchapter unless such home is determined by the Administrator to meet such standards as the Administrator shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 620(b) of this title.Enacted provision · exact public law section
(a) Subsection (a) of section 642 of title 38, United States Code, is amended by inserting at the end thereof the following new sentence: “No payment or grant may be made to any home under this subchapter unless such home is determined by the Administrator to meet such standards as the Administrator shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 620 (b) of this title,”.Effective date note
Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1742
Pub. L. 102–83, § 5(a), renumbered section 642 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 642 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1742(a)
Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)”.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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1742(a)
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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1742(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). 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.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Prior section 1742 was renumbered section 3542 of this title.
Amendments1976–1991 · 2 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 642 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1976
Subsec. (a). Pub. L. 94–581 substituted “as the Administrator deems necessary” for “as he deems necessary” in existing provisions and inserted provision that no payment or grant may be made to any home under this subchapter unless such home is determined by the Administrator to meet such standards as the Administrator shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 620(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–581 effective , see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Credits
1958–1991 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1146, § 642
- 1976Pub. L. 94–581, title I, § 107(a), title II, § 210(a)(16), , 90 Stat. 2847, 2863
- 1991renumbered § 1742 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1146, § 642; Pub. L. 94–581, title I, § 107(a), title II, § 210(a)(16), , 90 Stat. 2847, 2863; renumbered § 1742 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.)