The law › Title 38, Veterans' Benefits › Chapter 17
38 U.S.C. 1720: Transfers for nursing home care; adult day health care
Created in 1964 by Public Law 88-450. Changed by 20 later laws. No bill we track in this Congress changes it.
9 other sections of the Code cite this one, including 38 U.S.C. 1710, 38 U.S.C. 1710B, 38 U.S.C. 1724, 38 U.S.C. 1741, 38 U.S.C. 1742.
2 parts of federal rules cite it as their authority, written by Department of Veterans Affairs (2).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2022
- Pub. L. 117–328 added subsec. (h). (Consolidated Appropriations Act, 2023) Law text · (h)
2012
- Pub. L. 112–154 added cl. (iii). (Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012) Law text · (c)
2011
- Pub. L. 111–350 substituted "section 6704(a) of title 41" for "section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1))". Law text · (c)
2010
- Pub. L. 111–163 added subsec. (g). (Caregivers and Veterans Omnibus Health Services Act of 2010) Law text · (g)
2003
- Pub. L. 108–170, §105(a), designated existing provisions as par. (2) and added par. (1). (Veterans Health Care, Capital Asset, and Business Improvement Act of 2003) Law text · (c)
- Pub. L. 108–170, §105(b), inserted "or agreement" after "contract" in two places. (Veterans Health Care, Capital Asset, and Business Improvement Act of 2003) Law text · (f)
1999
- Pub. L. 106–117 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The Secretary is authorized to furnish adult day health care as provided for in this subsection. For the purpose only of authorizing the furnishing of such care and specifying the ter… (Veterans Millennium Health Care and Benefits Act) Law text · (f)
1997
- Pub. L. 105–114 substituted "care" for "hospital care, nursing home care, or domiciliary care". (Veterans' Benefits Act of 1997) Law text · (a)
1996
- Pub. L. 104–262, §101(d)(8)(A), substituted "paragraph (1), (2), or (3) of section 1710(a)" for "section 1712(a)(1)(B)". (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (f)
- Pub. L. 104–262, §101(d)(8)(B), struck out par. (3) which read as follows: "Adult day health care may not be furnished under this section after September 30, 1991." (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (f)
1992
- Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director". · (a)
1991
- Pub. L. 102–83, §5(a), renumbered section 620 of this title as this section.
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing in par. (1) introductory provisions and subpar. (A) and pars. (2) to (4). · (a)
- Pub. L. 102–83, §4(a)(5), substituted "non-Department" for "non-Veterans' Administration" wherever appearing in pars. (1) and (3)(A)(i). · (a)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in par. (2)(A). · (a)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing. · (b)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing. · (d)
- Pub. L. 102–83, §4(a)(5), substituted "non-Department" for "non-Veterans' Administration". · (d)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (d)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (d)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in pars. (1) and (2). · (e)
- Pub. L. 102–83, §4(a)(5), substituted "non-Department" for "non-Veterans' Administration" in par. (2). · (e)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions. · (f)
- Pub. L. 102–83, §5(c)(1), substituted "1712(a)(1)(B)" for "612(a)(1)(B)". · (f)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" before "may" in two places. · (f)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" wherever appearing. · (f)
- Pub. L. 102–83, §4(a)(2)(A)(ii), substituted "Secretary" for "Veterans' Administration" in second sentence. · (f)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places. · (f)
1988
- Pub. L. 100–322, §103(b), struck out "For the purposes of this section, the term 'nursing home care' includes intermediate care, as determined by the Administrator in accordance with regulations which the Administrator shall prescribe." at beginning and struck out "(as defined in se… · (e)
- Pub. L. 100–322, §111(a), substituted "September 30, 1991" for "September 30, 1988". · (f)
1986
- Pub. L. 99–272 substituted "612(a)(1)(B)" for "612(f)(2)". · (f)
1985
- Pub. L. 99–166, §108(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Subject to subsection (b) and except as provided in subsection (e) of this section, the Administrator may transfer— · (a)
- Pub. L. 99–166, §108(b), designated existing first sentence as par. (1), substituted "to any non-Veterans' Administration nursing home" for "to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care", inserted "The Administra… · (d)
- Pub. L. 99–166, §108(c), designated existing provisions as par. (1), substituted "subsection (a)(2)(B)" for "subsection (a)(ii)" in second sentence, and added par. (2). · (e)
1983
- Pub. L. 98–160, §103(a)(2), inserted "; adult day health care" in section catchline.
- Pub. L. 98–160, §103(a)(1), added subsec. (f). · (f)
1982
- L. 97–295, §4(19)(A), substituted "percent" for "per centum" wherever appearing. · (a)
- Pub. L. 97–295, §4(19)(B), inserted "(41 U.S.C. 351(b)(1))" after "the Service Contract Act of 1965" and substituted "(29 U.S.C. 206(b))" for ", as amended,". · (c)
1976
- Pub. L. 94–581, §§106(1)–(3), 202(h), inserted "and except as provided in subsection (e)" after "subsection (b)" in provisions preceding par. (1), substituted "direct jurisdiction" for "direct and exclusive jurisdiction" in par. (1), substituted "45 per centum" for "40 per centum" and … · (a)
- Pub. L. 94–581, §210(a)(7), substituted "such standards as the Administrator may prescribe" for "such standards as he may prescribe". · (b)
- Pub. L. 94–581, §106(4), added subsec. (e). · (e)
1973
- Pub. L. 93–82, §104(a), (b), designated cls. (1) and (2) as (i) and (ii), respectively, and in provisions preceding cl. (i) as so designated, substituted authority of the Administrator to transfer veterans and other persons under pars. (1) and (2), for authority of the Administrator to… · (a)
- Pub. L. 93–82, §104(c), inserted provisions relating to the admissions of veterans to institutions for nursing home care and for the furnishing of standards and reports to Federal, State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecti… · (b)
- Pub. L. 93–82, §104(d), added subsec. (d). · (d)
1969
- Pub. L. 91–101 inserted provision authorizing the furnishing of nursing home care for more than six months in the aggregate in connection with any one transfer in the case of a veteran whose hospitalization was primarily for a service-connected disability. · (a)
1968
- Pub. L. 90–612, §1, authorized furnishing of nursing home care to veterans who are being furnished care by the Administrator in hospitals in Alaska or Hawaii even if the hospitals involved are not under the direct and exclusive jurisdiction of the Administrator. · (a)
- Pub. L. 90–429 substituted "40 per centum" for "one-third". · (a)
- Pub. L. 90–612, §3, added subsec. (c). · (c)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.