PUBLIC LAW 109–461—DEC. 22, 2006
120 STAT. 3419
‘‘(A) the applicable or prevailing rate payable in the geographic area in which the State home is located, as determined by the Secretary, for nursing home care furnished in a non-Department nursing home (as that term is defined in section 1720(e)(2) of this title); or ‘‘(B) a rate not to exceed the daily cost of care, as determined by the Secretary, following a report to the Secretary by the director of the State home. ‘‘(3) Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.’’. (2) PROVISION OF PRESCRIPTION MEDICINES.—Such section, as so added, is further amended by adding at the end the following new subsection: ‘‘(b) The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury to any veteran as follows: ‘‘(1) Any veteran who— ‘‘(A) is not being provided nursing home care for which payment is payable under subsection (a); and ‘‘(B) is in need of such drugs and medicines for a service-connected disability. ‘‘(2) Any veteran who— ‘‘(A) has a service-connected disability rated at 50 percent or more; ‘‘(B) is not being provided nursing home care for which payment is payable under subsection (a); and ‘‘(C) is in need of such drugs and medicines.’’. (3) CONFORMING AMENDMENTS.— (A) CRITERIA FOR PAYMENT.—Section 1741(a)(1) is amended by striking ‘‘The’’ and inserting ‘‘Except as provided in section 1745 of this title, the’’. (B) ELIGIBILITY FOR NURSING HOME CARE.—Section 1710(a)(4) is amended— (i) by striking ‘‘and’’ before ‘‘the requirement in section 1710B of this title’’; and (ii) by inserting ‘‘, and the requirement in section 1745 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes’’ after ‘‘a program of extended care services’’. (4) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1744 the following new item:
38 USC 1741.
‘‘1745. Nursing home care and medications for veterans with service-connected disabilities.’’.
(5) EFFECTIVE DATE.—The amendments made by this subsection shall take effect 90 days after the date of the enactment of this Act. (b) IDENTIFICATION OF VETERANS IN STATE HOMES.—Such chapter is further amended— (1) in section 1745, as added by subsection (a)(1) of this section, by adding at the end the following new subsection:
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38 USC 1710 note.
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