Sec. 103. CONFORMING AMENDMENTS FOR STATE VETERANS HOMES
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## SEC. 103 CONFORMING AMENDMENTS FOR STATE VETERANS HOMES ###
(a)In General Section 1745(a) is amended— ####
(1)in paragraph (1), by striking “(or agreement under section 1720(c)(1) of this title)” and inserting “(or an agreement)”; and ####
(2)by adding at the end the following new paragraph: > > #### “(4) > > > #####
(A)> > An agreement under this section may be authorized by the Secretary or any Department official authorized by the Secretary, and any such action is not an award for purposes of such laws that would otherwise require the use of competitive procedures for the furnishing of hospital care, medical services, and extended care services. > > > ##### “(B) > > > ######
(i)> > Except as provided in the agreement itself, in clause (ii), and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any provision of law to which providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject. > > > ###### “(ii) > > A State home that enters into an agreement under this section is subject to— > > > ###### “(I) > > all provisions of law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties; > > > ###### “(II) > > all provisions of law that protect against employment discrimination or that otherwise ensure equal employment opportunities; and > > > ###### “(III) > > all provisions in subchapter V of chapter 17 of this title. > > > ###### “(iii) > > Notwithstanding subparagraph (B)(ii)(I), a State home that enters into an agreement under this section may not be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41 (known as the ‘McNamara-O’Hara Service Contract Act of 1965’).” > . ###
(b)Effective Date **[**[38 U.S.C. 1745 note](/us/usc/t38/s1745)**]** The amendment made by subsection
(a)shall apply to care provided on or after the effective date of regulations issued by the Secretary of Veterans Affairs to carry out this section.
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