---
kind: "section"
citation: "38 U.S.C. § 8138"
title: "38"
title_heading: "Veterans’ Benefits"
number: "8138"
heading: "Treatment of certain health facilities as State homes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/8138"
units:
  - "Part VI — Acquisition and Disposition of Property"
  - "Chapter 81 — Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of Real Property"
  - "Subchapter III — State Home Facilities for Furnishing Domiciliary, Nursing Home, and Hospital Care"
---

# §8138. Treatment of certain health facilities as State homes

- (a) The [Secretary](/usc/38/101.md?p=1) may treat a health facility (or certain beds in a health facility) as a [State home](/usc/38/101.md?p=19) for purposes of subchapter V of [chapter 17](/usc/38/chptII/ch17.md) of this title if the following requirements are met:
  - (1) The facility (or certain beds in such facility) meets the standards for the provision of [nursing home care](/usc/38/101.md?p=28) that are applicable to [State homes](/usc/38/101.md?p=19), as prescribed by the [Secretary](/usc/38/101.md?p=1) under [section 8134(b) of this title](/usc/38/8134.md?p=b), and such other standards relating to the facility (or certain beds in such facility) as the [Secretary](/usc/38/101.md?p=1) may require.
  - (2) The facility (or certain beds in such facility) is licensed or certified by the appropriate [State](/usc/38/8131.md?p=2) and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting [State home](/usc/38/101.md?p=19) facilities.
  - (3) The [State](/usc/38/8131.md?p=2) demonstrates in an application to the [Secretary](/usc/38/101.md?p=1) that, but for the treatment of a facility (or certain beds in such facility), as a [State home](/usc/38/101.md?p=19) under this subsection, a substantial number of [veterans](/usc/38/101.md?p=2) residing in the geographic area in which the facility is located who require [nursing home care](/usc/38/101.md?p=28) will not have access to such care.
  - (4) The [Secretary](/usc/38/101.md?p=1) determines that the treatment of the facility (or certain beds in such facility) as a [State home](/usc/38/101.md?p=19) best meets the needs of [veterans](/usc/38/101.md?p=2) for [nursing home care](/usc/38/101.md?p=28) in the geographic area in which the facility is located.
  - (5) The [Secretary](/usc/38/101.md?p=1) approves the application submitted by the [State](/usc/38/8131.md?p=2) with respect to the facility (or certain beds in such facility).
- (b) The [Secretary](/usc/38/101.md?p=1) may not treat a health facility (or certain beds in a health facility) as a [State home](/usc/38/101.md?p=19) under [subsection (a)](#a) if the [Secretary](/usc/38/101.md?p=1) determines that such treatment would increase the number of beds allocated to the [State](/usc/38/8131.md?p=2) in excess of the limit on the number of beds provided for by regulations prescribed under [section 8134(a) of this title](/usc/38/8134.md?p=a).
- (c) The number of beds occupied by [veterans](/usc/38/101.md?p=2) in a health facility for which payment may be made under subchapter V of [chapter 17](/usc/38/chptII/ch17.md) of this title by reason of [subsection (a)](#a) shall not exceed—
  - (1) 100 beds in the aggregate for all [States](/usc/38/8131.md?p=2); and
  - (2) in the case of any [State](/usc/38/8131.md?p=2), the difference between—
    - (A) the number of [veterans](/usc/38/101.md?p=2) authorized to be in beds in [State homes](/usc/38/101.md?p=19) in such [State](/usc/38/8131.md?p=2) under regulations prescribed under [section 8134(a) of this title](/usc/38/8134.md?p=a); and
    - (B) the number of [veterans](/usc/38/101.md?p=2) actually in beds in [State homes](/usc/38/101.md?p=19) (other than facilities or certain beds treated as [State homes](/usc/38/101.md?p=19) under [subsection (a)](#a)) in such [State](/usc/38/8131.md?p=2) under regulations prescribed under such section.
- (d) The number of beds in a health facility in a [State](/usc/38/8131.md?p=2) that has been treated as a [State home](/usc/38/101.md?p=19) under [subsection (a)](#a) shall be taken into account in determining the unmet need for beds for [State homes](/usc/38/101.md?p=19) for the [State](/usc/38/8131.md?p=2) under [section 8134(d)(1) of this title](/usc/38/8134.md?p=d-1).
- (e) The [Secretary](/usc/38/101.md?p=1) may not treat any new health facilities (or any new certain beds in a health facility) as a [State home](/usc/38/101.md?p=19) under [subsection (a)](#a) after September 30, 2009.

## Source credit

(Added Pub. L. 109–461, title II, § 211(c)(1), Dec. 22, 2006, 120 Stat. 3420.)