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116TH CONGRESS
2D SESSION
S. 4460
AN ACT
To authorize the Secretary of Veterans Affairs to waive
certain eligibility requirements for a veteran to receive
per diem payments for domiciliary care at a State home,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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2
† S 4460 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘State Veterans Homes
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Domiciliary Care Flexibility Act’’.
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SEC. 2. WAIVER OF REQUIREMENTS OF DEPARTMENT OF
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VETERANS AFFAIRS FOR RECEIPT OF PER
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DIEM PAYMENTS FOR DOMICILIARY CARE AT
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STATE HOMES AND MODIFICATION OF ELIGI-
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BILITY FOR SUCH PAYMENTS.
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(a) WAIVER OF REQUIREMENTS.—Notwithstanding
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section 1741 of title 38, United States Code (as amended
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by subsection (b)), the Secretary of Veterans Affairs shall
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modify section 51.51(b) of title 38, Code of Federal Regu-
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lations (or successor regulations), to provide the Secretary
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the authority to waive the requirements under such section
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51.51(b) for a veteran to be eligible for per diem payments
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for domiciliary care at a State home if—
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(1) the veteran has met not fewer than four of
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the requirements set forth in such section; or
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(2) such waiver would be in the best interest of
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the veteran.
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(b)
MODIFICATION
OF
ELIGIBILITY.—Section
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1741(a)(1) of title 38, United States Code, is amended,
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in the flush text following subparagraph (B), by striking
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‘‘in a Department facility’’ and inserting ‘‘under the laws
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administered by the Secretary’’.
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3
† S 4460 ES
(c) STATE HOME DEFINED.—In this section, the
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term ‘‘State home’’ has the meaning given that term in
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section 101(19) of title 38, United States Code.
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Passed the Senate December 8, 2020.
Attest:
Secretary.
116TH CONGRESS
2D SESSION
S. 4460
AN ACT
To authorize the Secretary of Veterans Affairs to
waive certain eligibility requirements for a vet-
eran to receive per diem payments for domiciliary
care at a State home, and for other purposes.