Page:United States Statutes at Large Volume 113 Part 3.djvu/31

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PUBLIC LAW 106-117—NOV. 30, 1999 113 STAT. 1549 the staffing and level of such services provided nationally in facilities of the Department during fiscal year 1998. "(c)(1) Except as provided in paragraph (2), the Secretary may not furnish extended care services for a non-service-connected disabihty other than in the case of a veteran who has a compensable service-connected disability unless the veter^m agrees to pay to the United States a copa3n]ient (determined in accordance with subsection (d)) for any period of such services in a year after the first 21 days of such services provided that veteran in that year, "(2) Paragraph (1) shall not apply— "(A) to a veteran whose annual income (determined under section 1503 of this title) is less than the amount in effect under section 1521(b) of this title; or "(B) with respect to an episode of extended care services that a veteran is being furnished by thei Department on the date of the enactment of the Veterans Millennium Health Care and Benefits Act. "(d)(1) A veteran who is furnished extended care services under this chapter and who is required under subsection (c) to pay an amount to the United States in order to be furnished such services shall be liable to the United States for that amount. "(2) In implementing subsection (c), the Secretary shall develop a methodology for establishing the amount of the copa3ment for which a vetereui described in subsection (c) is liable. TTiat methodology shall provide for— "(A) establishing a maximum monthly copayment (based on all income and assets of the veteraia and the spouse of such veteran); "(B) protecting the spouse of a veteran from financial hardship by not counting all of the income and assets of the veteran and spouse (in the case of a spouse who resides in the community) as available for determining the c;opayment obligation; and "(C) allowing the veteran to retain a monthly personal allowance. "(e)(1) There is established in the Treasury of the United States a revolving fund known as the Department of Veterans Affairs Extended Care Fund (hereafter in this section referred to as the 'fund'). Amounts in the fund shall be available, without fiscal year limitation and without further appropriation, exclusively for the purpose of providing extended care services under subsection (a). "(2) All Eimounts received by the Department under this section shall be deposited in or credited to the fund.". (2) The table of sections at the begimiing of such chapter is amended by inserting after the item relating to section 1710A, as added by subsection (a)(2), the following new item: "1710B. Extended care services.". (d) ADULT DAY HEALTH CARE.— Section 1720(f)(1)(A) is amended to read as follows: "(f)(1)(A) The Secretary may furnish adult day health care services to a veteran enroUed under section 1705(a) of this title who would otherwise require nursing home caire.". (e) RESPITE CARE PROGRAM.— Section 1720B is amended— (1) in subsection (a), by striking "cihgible" and inserting "enroUed";