Page:United States Statutes at Large Volume 100 Part 1.djvu/409

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 373

"(2)(A) To the extent that resources and facilities are available, the Administrator may furnish hospital care and nursing home care which the Administrator determines is needed to a veteran for a non-service-connected disability if the veteran has an income level described in section 622(a)(2) of this title. 38 USC 622. "(B) In the case of a veteran who is not described in paragraph (1) of this subsection or in subparagraph (A) of this paragraph, the Administrator may furnish hospital care and nursing home care which the Administrator determines is needed to the veteran for a non-service-connected disability— "(i) to the extent that resources and facilities are otherwise available; and "(ii) subject to the provisions of subsection (f) of this section. "(3) In addition to furnishing hospital care and nursing home care described in paragraphs (1) and (2) of this subsection through Veterans' Administration facilities, the Administrator may furnish such hospital care in accordance with section 603 of this title and may furnish such nursing home care as authorized under section 620 of this title.". (2) Such section is further amended by adding at the end the following new subsections: "(f)(1) The Administrator may not furnish hospital care or nursing home care under this section to a veteran who is eligible for such care by reason of subsection (a)(2)(B) of this section unless the veteran agrees to pay to the United States the applicable amount determined under paragraph (2) of this subsection. "(2) A veteran who is furnished hospital care or nursing home care under this section and who is required under paragraph (1) of this subsection to agree to pay an amount to the United States in order to be furnished such care shall be liable to the United States for an amount equal to the lesser of— "(A) the cost of furnishing such care, as determined by the Administrator; and "(B) the amount determined under paragraph (3) of this subsection. "(3)(A) In the case of hospital care furnished during any 365-day Medicare. period, the amount referred to in paragraph (2)(B) of this subsection is— "(i) the amount of the inpatient Medicare deductible, plus "(ii) one-half of such amount for each 90 days of care (or fraction thereof) after the first 90 days of such care during such 365-day period. "(B) In the case of nursing home care furnished during any 365day period, the amount referred to in paragraph (2)(B) of this subsection is the amount of the inpatient Medicare deductible for each 90 days of such care (or fraction thereof) during such 365-day period. "(C)(i) Except as provided in clause (ii) of this subparagraph, in the case of a veteran who is admitted for nursing home care under this section after being furnished, during the preceding 365-day period, hospital care for which the veteran has paid the amount of the inpatient Medicare deductible under this subsection and who has not been furnished 90 days of hospital care in connection with such payment, the veteran shall not incur any liability under paragraph (2) of this subsection with respect to such nursing home care until— "(I) the veteran has been furnished, beginning with the first day of such hospital care furnished in connection with such

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