38 U.S.C. § 1730 — Community residential care

Page 466 TITLE 38—VETERANS’ BENEFITS § 1729B the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementa- tion of this section [enacting this section, amending sections 712, 1710, 1722A, and 1729 of this title, and en- acting provisions set out as notes under sections 712 and 1729 of this title]. The report shall describe the col- lections under each of the provisions specified in sec- tion 1729A(b) of title 38, United States Code, as added by subsection (a). Information on such collections shall be shown for each of the health service networks (known as Veterans Integrated Service Networks) and, to the extent practicable for each facility within each such network. The Secretary shall include in the report an analysis of differences among the networks with re- spect to (A) the market in which the networks oper- ates, (B) the effort expended to achieve collections, (C) the efficiency of such effort, and (D) any other relevant information.’’ § 1729B. Consolidated patient accounting centers (a) IN GENERAL.—Not later than five years after the date of the enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient ac- counting centers for conducting industry-mod- eled regionalized billing and collection activi- ties of the Department. (b) FUNCTIONS.—The centers shall carry out the following functions: (1) Reengineer and integrate all business processes of the revenue cycle of the Depart- ment. (2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for non-service-connected medical conditions. (3) Apply commercial industry standards for measures of access, timeliness, and perform- ance metrics with respect to revenue enhance- ment of the Department. (4) Apply other requirements with respect to such revenue cycle improvement as the Sec- retary may specify. (Added Pub. L. 110–387, title IV, § 406(a), Oct. 10, 2008, 122 Stat. 4129.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–387, which was approved Oct. 10, 2008. PRIOR PROVISIONS A prior section 1729B, added Pub. L. 106–117, title II, § 202(a), Nov. 30, 1999, 113 Stat. 1561; amended Pub. L. 107–103, title V, § 509(c), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107–330, title III, § 308(g)(7), Dec. 6, 2002, 116 Stat. 2829, related to the Department of Veterans Affairs Health Services Improvement Fund, prior to repeal by Pub. L. 108–7, div. K, title I, § 113(a)(1), Feb. 20, 2003, 117 Stat. 482. Statutory Notes and Related Subsidiaries TRANSFER OF BALANCE Pub. L. 108–7, div. K, title I, § 113(a)(1), Feb. 20, 2003, 117 Stat. 482, repealed former section 1729B of this title and provided that any balance as of Feb. 20, 2003, in the Department of Veterans Affairs Health Services Im- provement Fund established under former section 1729B was to be transferred to the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title. § 1730. Community residential care (a) Subject to this section and regulations to be prescribed by the Secretary under this sec- tion, the Secretary may assist a veteran by re- ferring such veteran for placement in, and aid- ing such veteran in obtaining placement in, a community residential-care facility if— (1) at the time of initiating the assistance the Secretary— (A) is furnishing the veteran medical serv- ices on an outpatient basis or hospital, domiciliary, or nursing home care; or (B) has furnished the veteran such care or services within the preceding 12 months; and (2) placement of the veteran in a community residential-care facility is appropriate. (b)(1) The Secretary may not provide assist- ance under subsection (a) of this section with re- spect to a community residential-care facility unless such facility is approved by the Secretary for the purposes of this section. (2) The Secretary’s approval of a facility for the purposes of this section shall be based upon the Secretary’s determination, after inspection of the facility, that the facility meets the stand- ards established in regulations prescribed under this section. Such standards shall include the following: (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 Secretary, 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) com- parability with other facilities in such area providing similar services. (C) Criteria for determining the resources that a facility needs in order to provide an ap- propriate level of services to veterans. (D) Such other criteria as the Secretary de- termines are appropriate to protect the wel- fare of veterans placed in a facility under this section. (3) Payment of the charges of a community residential-care facility for any care or service provided to a veteran whom the Secretary has referred to that facility under this section is not the responsibility of the United States or of the Department. (c)(1) In order to determine continued compli- ance 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 Secretary shall provide for periodic inspection of such facilities. (2) If the Secretary determines that a facility is not in compliance with such standards, the Secretary (in accordance with regulations pre- scribed under this section)— (A) shall cease to refer veterans to such fa- cility; and (B) may, with the permission of the veteran (or the person or entity authorized by law to Page 467 TITLE 38—VETERANS’ BENEFITS § 1730B give permission on behalf of the veteran), as- sist in removing a veteran from such facility. Regulations prescribed to carry out this para- graph 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 Secretary 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 Secretary shall make available each report of an inspec- tion of a community residential-care facility under subsection (b)(2) or (c)(1) of this section to each Federal, State, and local agency charged with the responsibility of licensing or otherwise regulating or inspecting such facility. (2) The Secretary 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 residential-care facilities. (f) For the purpose of this section, the term ‘‘community residential-care facility’’ means a facility that provides room and board and such limited personal care for and supervision of resi- dents as the Secretary determines, in accord- ance with regulations prescribed under this sec- tion, are necessary for the health, safety, and welfare of residents. (Added Pub. L. 98–160, title I, § 104(a), Nov. 21, 1983, 97 Stat. 996, § 630; amended Pub. L. 102–54, § 14(b)(15), June 13, 1991, 105 Stat. 284; renum- bered § 1730 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 630 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–54 struck out ‘‘(1)’’ after ‘‘(a)’’ and redes- ignated former subpar. (A) as par. (1), cls. (i) and (ii) as subpars. (A) and (B), respectively, and former subpar. (B) as par. (2). Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing and ‘‘Secretary’s’’ for ‘‘Administrator’s’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in par. (3). Subsecs. (c) to (f). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. § 1730A. Prohibition on collection of copayments from certain veterans (a) PROHIBITION.—Notwithstanding subsections (f) and (g) of section 1710 and section 1722A(a) of this title or any other provision of law, the Sec- retary may not require a covered veteran to make any copayment for the receipt of hospital care or medical services under the laws adminis- tered by the Secretary. (b) COVERED VETERAN DEFINED.—In this sec- tion, the term ‘‘covered veteran’’ means a vet- eran who— (1) is catastrophically disabled, as defined by the Secretary; or (2) is an Indian or urban Indian (as those terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). (Added Pub. L. 111–163, title V, § 511(a), May 5, 2010, 124 Stat. 1164; amended Pub. L. 116–315, title III, § 3002(a), Jan. 5, 2021, 134 Stat. 4990.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–315 substituted ‘‘certain’’ for ‘‘cata- strophically disabled’’ in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted ‘‘a covered veteran’’ for ‘‘a veteran who is catastrophically disabled, as defined by the Sec- retary,’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title III, § 3002(c), Jan. 5, 2021, 134 Stat. 4991, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the day that is one year after the date of the enactment of this Act [Jan. 5, 2021].’’ § 1730B. Access to State prescription drug moni- toring programs (a) ACCESS TO PROGRAMS.—(1) Any licensed health care provider or delegate of such a pro- vider shall be considered an authorized recipient or user for the purpose of querying and receiving data from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, to support the safe and ef- fective prescribing of controlled substances to covered patients. (2) Under the authority granted by paragraph (1)— (A) licensed health care providers or dele- gates of such providers shall query the na- tional network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such na- tional network, an individual State or re- gional prescription drug monitoring program, in accordance with applicable regulations and policies of the Veterans Health Administra- tion; and (B) notwithstanding any general or specific provision of law, rule, or regulation of a State, no State may restrict the access of licensed health care providers or delegates of such pro- viders from accessing that State’s prescription drug monitoring programs. (3) No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State’s qualifications for holding the li- cense, registration, or certification on the basis that the licensed health care provider or dele- gate queried or received data, or attempted to query or receive data, from the national net- work of State-based prescription drug moni- toring programs, or any individual State or re- gional prescription drug monitoring program, under this section. (b) COVERED PATIENTS.—For purposes of this section, a covered patient is a patient who— (1) receives a prescription for a controlled substance; and