Page:United States Statutes at Large Volume 97.djvu/1029

 PUBLIC LAW 98-160—NOV. 21, 1983 97 STAT. 997 Inspections. "(A) Health and safety criteria, including a requirement of compliance with applicable State laws and local ordinances relating to health and safety. "(B) A requirement that the costs charged for care by a facility be reasonable, as determined by the Administrator, giving consideration to such factors as (i) the level of care, supervision, and other services to be provided, (ii) the cost of goods and services in the geographic area in which the facility is located, and (iii) comparability with other facilities in such area providing similar services. "(C) Criteria for determining the resources that a facility needs in order to provide an appropriate level of services to veterans. "(D) Such other criteria as the Administrator determines are appropriate to protect the welfare of veterans placed in a facility under this section. "(3) Payment of the charges of a community residential-care Payment facility for any care or service provided to a veteran whom the Administrator has referred to that facility under this section is not the responsibility of the United States or of the Veterans' Administration. "(c)(1) In order to determine continued compliance by community residential-care facilities that have been approved under subsection (b) of this section with the standards established in regulations prescribed under this section, the Administrator shall provide for periodic inspection of such facilities. "(2) If the Administrator determines that a facility is not in compliance with such standards, the Administrator (in accordance with regulations prescribed under this section)— "(A) shall cease to refer veterans to such facility; and "(B) may, with the permission of the veteran (or the person or entity authorized by law to give permission on behalf of the veteran), assist in removing a veteran from such facility. Regulations prescribed to carry out this paragraph shall provide for reasonable notice and, upon request made on behalf of the facility, a hearing before any action authorized by this paragraph is taken. "(d) The Administrator shall prescribe regulations to carry out this section. Such regulations shall include the standards required by subsection (b) of this section. "(e)(1) To the extent possible, the Administrator shall make avail- able each report of an inspection of a community residential-care facility under subsection (b)(2) or (c)(1) of this section to each Fed- eral, State, and local agency charged with the responsibility of licensing or otherwise regulating or inspecting such facility. "(2) The Administrator shall make the standards prescribed in regulations under subsection (d) of this section available to all Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting community residen- tial-care facilities. "(f) For the purpose of this section, the term 'community residen- tial-care facility' means a facility that provides room and board and such limited personal care for and supervision of residents as the Administrator determines, in accordance with regulations pre- scribed under this section, are necessary for the health, safety, and welfare of residents.". Regulations. Report availability. "Community residential-canj facility."

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