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38 U.S.C. § 1743 — Applications
Federal law — U.S. Code and appendices · legal_authorities
Payments on account of any veteran cared for in a State home shall be made under this subchapter only from the date the Secretary receives a request for determination of such veteran’s eligibility; however, if such request is received by the Secretary within ten days after care of such veteran begins, payments shall be made on account of such veteran from the date care began.
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Source location: Title 38, Chapter 17, § 1743; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md
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Payments on account of any veteran cared for in a State home shall be made under this subchapter only from the date the Secretary receives a request for determination of such veteran’s eligibility; however, if such request is received by the Secretary within ten days after care of such veteran begins, payments shall be made on account of such veteran from the date care began.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In carrying out the Secretary’s responsibilities under this chapter the Secretary may by agreement arrange with public or private educational institutions or others to provide training arrangements as may be suitable and necessary to accomplish the purposes of this subchapter. In any instance where the Secretary finds that a customary tuition charge is not applicable, the Secretary may agree on the fair and reasonable amounts which may be charged for the training provided to the eligible person.
**(b)** The Secretary shall make such rules and regulations as the Secretary may deem necessary in order to promote good conduct on the part of the persons who are following courses of special restorative training and otherwise to carry out the purposes of this chapter.
**(c)** In a case in which the Secretary authorizes training under [section 3541(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3541/a&num=0&edition=prelim) on behalf of an eligible person, the parent or guardian shall be entitled—
(1) to receive on behalf of the eligible person the special training allowance provided for under [section 3542(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3542/a&num=0&edition=prelim);
(2) to elect an increase in the basic monthly allowance provided for under such section; and
(3) to agree with the Secretary on the fair and reasonable amounts which may be charged under subsection (a).
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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-
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Federal law — U.S. Code and appendices · legal_authorities
Page 476
TITLE 38—VETERANS’ BENEFITS
§ 1743
AMENDMENTS
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 ‘‘Sec-
retary’’ 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 nec-
essary’’ 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 Ad-
ministrator shall prescribe, which standards with re-
spect 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 Oct. 21, 1976,
see section 211 of Pub. L. 94–581, set out as a note under
section 111 of this title.
§ 1743. Applications
Payments on account of any veteran cared for
in a State home shall be made under this sub-
chapter only from the date the Secretary re-
ceives a request for determination of such vet-
eran’s eligibility; however, if such request is re-
ceived by the Secretary within ten days after
care of such veteran begins, payments shall be
made on account of such veteran from the date
care began.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1147, § 643;
Pub. L. 97–251, § 7, Sept. 8, 1982, 96 Stat. 716; re-
numbered § 1743 and amended Pub. L. 102–83,
§§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404–406.)
Editorial Notes
PRIOR PRO
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