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PUBLIC LAW 88-450-AUG. 19, 1964

[78

STAT.

Public Law 88-450 August 19, 1964 [H. R. 8009]

Veterans. Nursing home care. 72 Stat. 1251.

Transfers to other institutions. 72 Stat. 1141. 38 USC 61U-619.

Conditions.

AN ACT To amend title 38, United States Code, to provide veterans with urgently needed nursing home care and nursing care facilities while reducing the cost to the United States of caring for such veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 5001 of title 38, United States Code, is amended (1) by inserting " (1) " immediately after " (a) ", (2) by redesignating clauses (1) and (2) thereof as clauses (A) and (B), respectively, and (3) by adding at the end thereof the following new paragraph: "(2) The Administrator, subject to the approval of the President, is authorized to establish and operate not less than four thousand beds for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct and exclusive jurisdiction."' SEC. 2. (a) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 620. Transfers for nursing home care " (a) Subject to subsection (b) of this section, the Administrator may transfer any veteran, who has been furnished care by the Administrator in a hospital under the direct and exclusive jurisdiction of the Administrator, to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care, for care at the expense of the United States, if the Administrator determines that— "(1) such veteran has received maximum benefits from such care in such hospital, but will require a protracted period of nursing home care which can be furnished in such institution, and "(2) the cost of such nursing home care in such institution will not exceed one-third of the cost of care furnished by the Veterans' Administration in a general hospital under the direct and exclusive jurisdiction of the Administrator, as such cost may be determined from time to time by the Administrator. Nursing home care may not be furnished pursuant to this section at the expense of the United States for more than six months in the aggregate in connection with any one transfer, except where in the judgment of the Administrator a longer period is warranted in the case of any veteran. "(b) No veteran may be transferred to any institution for nursing home care under this section, unless such institution is determined by the Administrator to meet such standards as he may prescribe." (b) The analysis of chapter 17 of title 38, United States Code, is amended by inserting immediately below "619. Repair or replacement of certain prosthetic and other appliances."

the following: "620. Transfers for nursing home care." Payments. 72 Stat. 1146; 74 Stat. 424.

SEC. 3. (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 h'ospitalization 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

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