Yesterday, President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, which includes an Argentum-backed measure to expand access of assisted living for veterans.
Specifically, Subtitle B Section 127 of the act establishes a three-year pilot program through September 2028 to furnish assisted living services to certain veterans. It is narrowly focused to two (of the 18 total) Veterans Integrated Service Networks (VISN) at the VA Secretary’s discretion. The facilities selected must meet these requirements: be in geographically diverse areas; at least one facility must serve veterans in rural or highly rural areas; at least one facility be located in each of the VISNs selected; and at least one facility be a State home. Additionally, there is a maximum of 60 eligible veterans who may participate in each VISN.
Eligible providers include those participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and must meet the standards for community residential care and any additional standards of care as the Secretary may specify. Providers selected will receive payment that is less than the average rate paid by the Department for placement in a community nursing home in the same VISN, with rates re-evaluated annually.
The process for this program to become law has been a years-long effort led by Argentum, ASHA, NCAL, LeadingAge and joined by a broad coalition of stakeholders to expand assisted living access for veterans. Argentum worked with key lawmakers following a 2021 report from the VA on the current and projected long-term care needs of veterans and the need to expand options such as assisted living. In early 2022, we worked directly with Senators Jon Tester (D-MT), Jerry Moran (R-KS), and Patty Murray (D-WA) to introduce S. 4169, an initial version of the legislation and a subsequent House companion, H.R. 8750. While these bills did not pass last Congress, we again worked to reintroduce them as H.R. 1815 and S. 495 in the current Congress and to increase awareness and co-sponsorship.
Critically, lawmakers held hearings last year where the VA testified in support of the pilot program as “a helpful addition to VA’s options for long-term care.” In recent months, we worked with a broad group of stakeholders to include the pilot program in the Elizabeth Dole Act, and to push for votes in the House and Senate before the end of the year. Ultimately, the legislation was passed unanimously in the Senate and in two sweeping votes in the House, 389-9 and 382-12.
We are very excited about this new pilot program and recognize that many senior living communities may be interested in participating wherever possible to help more veterans choose your communities. We ask that if you are interested in potentially participating in the program, to please reach out to Maggie Elehwany. We will be working closely with the VA and the incoming administration as the pilot program gets underway to ensure stakeholder feedback is received and the pilot program is as effective as possible in its objective to demonstrate the opportunities of expanding access for veterans.
While this will start as a small pilot program, we are confident that it will be able to expand more broadly, not only helping more veterans choose assisted living, but also promoting the value of assisted living for our rapidly aging population as a preferred choice for long-term care. Argentum has already reached out to VA Secretary-designate Doug Collins to promote the new pilot program and ask for his support in implementing additional programs for veterans to choose assisted living for their long-term care needs, including improving the Aid and Attendance program.
The pilot program will likely get underway late next year, beginning with selecting VISNs and determining eligible communities and other criteria. Argentum will be working with the VA on establishing and administering the program and will work to include stakeholder feedback wherever possible. Any operator who is interested in participating in this process is encouraged to reach out to Argentum so we can follow up where appropriate.
