38 U.S.C. § 1710B — Extended care services

(a) Subject to section 1710(a)(4) and subsection (c), the Secretary^* must operate and maintain a program of extended care services for eligible veterans. It must include (1) geriatric evaluation; (2) nursing home care^* in (A) Secretary-operated facilities and (B) community facilities under section 1720 contracts; (3) domiciliary services under section 1710(b); (4) adult day health care under section 1720(f); (5) other noninstitutional alternatives to nursing home care that the Secretary may provide as medical services^* under section 1701(10); and (6) respite care under section 1720B. (b) In each fiscal year, national staffing and the level of extended-care services in Department^* facilities may not be below their fiscal-year-1998 levels. (c)(1) Except under paragraph (2), the Secretary may not provide extended care for a non-service-connected^* disability^* to a veteran^* without a compensable service-connected^* disability unless the veteran agrees to pay a subsection (d) copayment for service after the first 21 days provided in that year. (2) This does not apply to (A) a veteran whose annual income under section 1503 is below the amount under section 1521(b); (B) a veteran receiving hospice care; (C) an episode of care the Department was providing on November 30, 1999; or (D) a Medal of Honor recipient under the listed provisions. (d)(1) A veteran required to pay is liable for that amount. (2) The Secretary must create a copayment method that (A) sets a maximum monthly copayment based on all income and assets of the veteran and spouse^*; (B) protects a community-residing spouse from hardship by not counting all such income and assets as available; and (C) lets the veteran keep a monthly personal allowance. (e)(1) The Treasury has a revolving fund called the Department of Veterans Affairs Extended Care Fund. Without a fiscal-year limit or further appropriation, it may be used only for subsection (a) services. (2) All Department amounts received under this section must be deposited in or credited to the fund.