38 U.S.C. § 8134 — General regulations

(a) (1) The Secretary must prescribe regulations to carry out this subchapter. (2) In those regulations, the Secretary sets, for each state, the number of nursing home and domiciliary beds that may be funded under this subchapter. This must be based on projected demand 10 years after this law's enactment date, from veterans who will be 65 or older then and living in that state; in figuring that demand, the Secretary must account for travel distances for veterans and their families. (3)(A) The regulations must also set criteria for determining, for a state with a need for additional beds under (a)(2) and (d)(1), whether that need is "great," "significant," or "limited." These criteria must account for beds already operated by the Secretary and other providers that could appropriately meet the state's needs. (B) This applies to projects for constructing or acquiring a new State home facility, increasing beds at one, and replacing beds at one. (4) The Secretary must review, and revise as necessary, the regulations under (2) and (3) at least once every four years. (b) The Secretary must also prescribe by regulation: (1) general standards of construction, repair, and equipment for facilities constructed or acquired with this subchapter's assistance; and (2) general standards for the care furnished in those facilities, which must be no less stringent than the standards the Secretary prescribes under section 1720(b). (c) The Secretary may inspect any state facility constructed or acquired with this subchapter's assistance, whenever the Secretary considers it necessary, to ensure the facility meets the standards under (b)(2). (d) (1) In prescribing these regulations, the Secretary must reduce a state's determined unmet need for beds — for a project described in (a)(3)(B) — by the number of beds in all of that state's previous applications under this subchapter, including beds the Secretary has not recognized under section 1741. (2)(A) Financial assistance under this subchapter for a renovation project is available only if the total cost of construction exceeds $400,000 (an amount the regulations may adjust over time to reflect changing construction costs). (B) A "renovation project" means a project to remodel or alter existing buildings using this subchapter's assistance; it does not include maintenance and repair work, which remains the state's own responsibility.