---
kind: "section"
citation: "38 U.S.C. § 1730"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1730"
heading: "Community residential care"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1730"
units:
  - "Part II — General Benefits"
  - "Chapter 17 — Hospital, Nursing Home, Domiciliary, and Medical Care"
  - "Subchapter III — Miscellaneous Provisions Relating to Hospital and Nursing Home Care and Medical Treatment of Veterans"
---

# §1730. Community residential care

- (a) Subject to this section and regulations to be prescribed by the [Secretary](/usc/38/101.md?p=1) under this section, the [Secretary](/usc/38/101.md?p=1) may assist a [veteran](/usc/38/1101.md?p=1) by referring such [veteran](/usc/38/1101.md?p=1) for placement in, and aiding such [veteran](/usc/38/1101.md?p=1) in obtaining placement in, a community residential-care facility if—
  - (1) at the time of initiating the assistance the [Secretary](/usc/38/101.md?p=1)—
    - (A) is furnishing the [veteran](/usc/38/1101.md?p=1) [medical services](/usc/38/1701.md?p=6) on an outpatient basis or hospital, domiciliary, or [nursing home care](/usc/38/101.md?p=28); or
    - (B) has furnished the [veteran](/usc/38/1101.md?p=1) such care or services within the preceding 12 months; and
  - (2) placement of the [veteran](/usc/38/1101.md?p=1) in a community residential-care facility is appropriate.
- (b)
  - (1) The [Secretary](/usc/38/101.md?p=1) may not provide assistance under [subsection (a)](#a) of this section with respect to a community residential-care facility unless such facility is approved by the [Secretary](/usc/38/101.md?p=1) for the purposes of this section.
  - (2) The [Secretary](/usc/38/101.md?p=1)’s approval of a facility for the purposes of this section shall be based upon the [Secretary](/usc/38/101.md?p=1)’s determination, after inspection of the facility, that the facility meets the standards established in regulations prescribed under this section. Such standards shall include the following:
    - (A) Health and safety criteria, including a requirement of compliance with applicable [State](/usc/38/101.md?p=20) laws and local ordinances relating to health and safety.
    - (B) A requirement that the costs charged for care by a facility be reasonable, as determined by the [Secretary](/usc/38/101.md?p=1), giving consideration to such factors as (i) the level of care, supervision, and other services to be provided, (ii) the cost of goods and services in the geographic area in which the facility is located, and (iii) comparability with other facilities in such area providing similar services.
    - (C) Criteria for determining the resources that a facility needs in order to provide an appropriate level of services to [veterans](/usc/38/1101.md?p=1).
    - (D) Such other criteria as the [Secretary](/usc/38/101.md?p=1) determines are appropriate to protect the welfare of [veterans](/usc/38/1101.md?p=1) placed in a facility under this section.
  - (3) Payment of the charges of a community residential-care facility for any care or service provided to a [veteran](/usc/38/1101.md?p=1) whom the [Secretary](/usc/38/101.md?p=1) has referred to that facility under this section is not the responsibility of the United States or of the [Department](/usc/38/101.md?p=1).
- (c)
  - (1) In order to determine continued compliance by community residential-care facilities that have been approved under [subsection (b)](#b) of this section with the standards established in regulations prescribed under this section, the [Secretary](/usc/38/101.md?p=1) shall provide for periodic inspection of such facilities.
  - (2) If the [Secretary](/usc/38/101.md?p=1) determines that a facility is not in compliance with such standards, the [Secretary](/usc/38/101.md?p=1) (in accordance with regulations prescribed under this section)—
    - (A) shall cease to refer [veterans](/usc/38/1101.md?p=1) to such facility; and
    - (B) may, with the permission of the [veteran](/usc/38/1101.md?p=1) (or the person or entity authorized by law to give permission on behalf of the [veteran](/usc/38/1101.md?p=1)), assist in removing a [veteran](/usc/38/1101.md?p=1) from such fa­cility.

    Regulations prescribed to carry out this paragraph shall provide for reasonable notice and, upon request made on behalf of the facility, a hearing before any action authorized by this paragraph is taken.

- (d) The [Secretary](/usc/38/101.md?p=1) shall prescribe regulations to carry out this section. Such regulations shall include the standards required by [subsection (b)](#b) of this section.
- (e)
  - (1) To the extent possible, the [Secretary](/usc/38/101.md?p=1) shall make available each report of an inspection of a community residential-care facility under subsection [(b)(2)](#b-2) or [(c)(1)](#c-1) of this section to each Federal, [State](/usc/38/101.md?p=20), and local agency charged with the responsibility of licensing or otherwise regulating or inspecting such facility.
  - (2) The [Secretary](/usc/38/101.md?p=1) shall make the standards prescribed in regulations under [subsection (d)](#d) of this section available to all Federal, [State](/usc/38/101.md?p=20), and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting community residential-care facilities.
- (f) For the purpose of this section, the term “community residential-care facility” means a facility that provides room and board and such limited personal care for and supervision of residents as the [Secretary](/usc/38/101.md?p=1) determines, in accordance with regulations prescribed under this section, are necessary for the health, safety, and welfare of residents.

## Source credit

(Added Pub. L. 98–160, title I, § 104(a), Nov. 21, 1983, 97 Stat. 996, § 630; amended Pub. L. 102–54, § 14(b)(15), June 13, 1991, 105 Stat. 284; renumbered § 1730 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

## Notes

### Editorial Notes

### Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 630 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 102–54 struck out “(1)” after “(a)” and redesignated former subpar. (A) as par. (1), cls. (i) and (ii) as subpars. (A) and (B), respectively, and former subpar. (B) as par. (2).

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s” in two places.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (3).

Subsecs. (c) to (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.