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38 U.S.C. § 8134 — General regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary shall prescribe regulations for the purposes of this subchapter.
(2) In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.
(3)
(A) In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.
(B) This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.
(4) The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.
**(b)** The Secretary shall prescribe the following by regulation:
(1) General standards of construction, repair, and e
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Source location: Title 38, Chapter 81, § 8134; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(a)**
(1) The Secretary shall prescribe regulations for the purposes of this subchapter.
(2) In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.
(3)
(A) In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.
(B) This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.
(4) The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.
**(b)** The Secretary shall prescribe the following by regulation:
(1) General standards of construction, repair, and equipment for facilities constructed or acquired with assistance received under this subchapter.
(2) General standards for the furnishing of care in facilities which are constructed or acquired with assistance received under this subchapter, which standards shall be no less stringent than those standards prescribed by the Secretary pursuant to [section 1720(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720/b&num=0&edition=prelim).
**(c)** The Secretary may inspect any State facility constructed or acquired with assistance received under this subchapter at such times as the Secretary deems necessary to insure that such facility meets the standards prescribed under subsection (b)(2).
**(d)**
(1) In prescribing regulations to carry out this subchapter, the Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection (a)(3)(B), the determination of the unmet need for beds for State homes in that State shall be reduced by the number of beds in all previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Secretary under [section 1741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1741&num=0&edition=prelim).
(2)
(A) Financial assistance under this subchapter for a renovation project may only be provided for a project for which the total cost of construction is in excess of $400,000 (as adjusted from time-to-time in such regulations to reflect changes in costs of construction).
(B) For purposes of this paragraph, a renovation project is a project to remodel or alter existing buildings for which financial assistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of the State.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
**(b)**
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) The veteran population of each State shall be determined on the basis of the latest figures certified by the Department of Commerce.
(2) The term “State” includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim))) but does not include any possession of the United States.
(3) The term “construction” means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provision of initial equipment for any such buildings.
(4) The term “cost of construction” means the amount found by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8131
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1745 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1745&num=0&edition=prelim), the Secretary shall pay each State at the per diem rate of—
(A) $8.70 for domiciliary care; and
(B) $20.35 for nursing home care and hospital care,
for each veteran receiving such care in a State home, if such veteran is eligible for such care under the laws administered by the Secretary.
(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care services described in any of paragraphs (4) through (6) of [section 1710B(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710B/a&num=0&edition=prelim) under a program administered by a State home, if such veteran is eligible for such care under laws administered by the Secretary.
**(b)** In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’ care in such State home.
**(c)** Whenever the Secretary makes a determination pursuant to [section 1720(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720/a/2/A&num=0&edition=prelim) that the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary has increased, the Secretary 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 Secretary has determined that such cost of care has increased.
**(d)** Subject to [section 1743 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1741
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any State desiring to receive assistance for a project for construction of State home facilities (or acquisition of a facility to be used as a State home facility) must submit to the Secretary an application. Such application shall set forth the following:
(1) The amount of the grant requested with respect to such project which may not exceed 65 percent of the estimated cost of construction (or of the estimated cost of facility acquisition and construction) of such project.
(2) A description of the site for such project.
(3) Plans and specifications for such project in accordance with regulations prescribed by the Secretary pursuant to [section 8134(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8134/a/2&num=0&edition=prelim).
(4) Reasonable assurance that upon completion of such project the facilities will be used principally to furnish to veterans the level of care for which such application is made and that not more than 25 percent of the bed occupancy at any one time will consist of patients who are not receiving such level of care as veterans.
(5) Reasonable assurance that title to such site is or will be vested solely in the applicant, a State home, or another agency or instrumentality of the State.
(6) Reasonable assurance that adequate financial support will be available for the construction of the project (or for facility acquisition and construction of the project) by July 1 of the fiscal year for which the application is approved and for its maintenance and operation when complete.
(7) Reasonable assurance that the State will make such reports in such form and containing such information as the Secretary may from time to time reasonably require, and give the Secretary, upon demand, access to the
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Page 1355
TITLE 38—VETERANS’ BENEFITS
§ 8134
by this Act [amending this section and enacting provi-
sions set out as notes under sections 1712, 1720B, and
3729 of this title and under section 6302 of Title 5, Gov-
ernment Organization and Employees] shall take effect
as of October 1, 1989.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–576 effective July 1, 1987,
see section 224(e) of Pub. L. 99–576, set out as a note
under section 8131 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–62 effective Oct. 1, 1977,
with provision for the continuing force and effect of the
terms and conditions of grants made prior to Oct. 1,
1977, under former section 644 of this title and with ad-
ditional provision for the modification of the terms and
conditions of both grants made under former section
644 of this title prior to Oct. 1, 1977, and of grants made
under this subchapter prior to Oct. 1, 1977, see section
5 of Pub. L. 95–62, set out as a note under section 8131
of this title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–82 effective Sept. 1, 1973,
see section 501 of Pub. L. 93–82, set out as a note under
section 1701 of this title.
§ 8134. General regulations
(a)(1) The Secretary shall prescribe regula-
tions for the purposes of this subchapter.
(2) In those regulations, the Secretary shall
prescribe for each State the number of nursing
home and domiciliary beds for which assistance
under this subchapter may be furnished. Such
regulations shall be based on projected demand
for such care 10 years after the date of the en-
actment of the Veterans Millennium Health
Care and Benefits Act by veterans who at such
time are 65 years of age or older and who reside
in that State. In determining such projected d
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8134
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