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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "38 U.S.C. § 1702"
description: "Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS’ BENEFITS"
chapter_number: "17"
chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1702"
citation: "38 U.S.C. § 1702"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s1702"
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tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1702 - Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War
## Text
(a) Psychosis.— For the purposes of this chapter, any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed an active psychosis (1) within two years after discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, before February 1, 1957, in the case of a veteran of the Korean conflict, before May 8, 1977, in the case of a Vietnam era veteran, or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War, shall be deemed to have incurred such disability in the active military, naval, or air service.
(b) Mental Illness.— For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran develops such disability—
(1) within two years after discharge or release from the active military, naval, or air service; and
(2) before the end of the two-year period beginning on the last day of the Persian Gulf War.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 602; Pub. L. 90–77, title II, § 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L. 97–295, § 4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102–25, title III, § 334(b), Apr. 6, 1991, 105 Stat. 88; renumbered § 1702, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–181, div. A, title XVII, § 1708(a)(1), (2), Jan. 28, 2008, 122 Stat. 493, 494.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110–181, § 1708(a)(2), substituted “Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War” for “Presumption relating to psychosis” in section catchline. Subsecs. (a), (b). Pub. L. 110–181, § 1708(a)(1), designated existing text as subsec. (a), inserted heading, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 602 of this title as this section. Pub. L. 102–25 substituted “the Vietnam era, or the Persian Gulf War” for “or the Vietnam era”, struck out “or” before “before May 8, 1977”, and inserted “or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War,” after “Vietnam era veterans,”. 1986—Pub. L. 99–576 struck out “his” before “discharge”. 1982—Pub. L. 97–295 substituted “before February 1, 1957, in the case of a veteran of the Korean conflict, or before May 8, 1977,” for “or February 1, 1957, in the case of a veteran of the Korean conflict, or before the expiration of two years following termination of the Vietnam era”. 1967—Pub. L. 90–77 made the presumption relating to psychosis applicable to any veteran of the Vietnam era who developed an active psychosis within two years after his discharge from active service and before the expiration of two years following termination of the Vietnam era.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
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---
type: "LegalText"
title: "38 U.S.C. § 1703A"
description: "Agreements with eligible entities or providers; certification processes"
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title_number: 38
title_name: "VETERANS’ BENEFITS"
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chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1703A"
citation: "38 U.S.C. § 1703A"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1703A - Agreements with eligible entities or providers; certification processes
## Text
(a) Agreements Authorized.— (1) (A) When hospital care, a medical service, or an extended care service required by a covered individual who is entitled to such care or service under this chapter is not feasibly available to the covered individual from a facility of the Department or through a contract or sharing agreement entered into pursuant to another provision of law, the Secretary may furnish such care or service to such covered individual through an agreement under this section with an eligible entity or provider to provide such hospital care, medical service, or extended care service.
(B) An agreement entered into under this section to provide hospital care, a medical service, or an extended care service shall be known as a “Veterans Care Agreement”.
(C) For purposes of subparagraph (A), hospital care, a medical service, or an extended care service may be considered not feasibly available to a covered individual from a facility of the Department or through a contract or sharing agreement described in such subparagraph when the Secretary determines the covered individual’s medical condition, the travel involved, the nature of the care or services required, or a combination of these factors make the use of a facility of the Department or a contract or sharing agreement described in such subparagraph impracticable or inadvisable.
(D) A Veterans Care Agreement may be entered into by the Secretary or any Department official authorized by the Secretary.
(2) (A) Subject to subparagraph (B), the Secretary shall review each Veterans Care Agreement of material size, as determined by the Secretary or set forth in paragraph (3), for hospital care, a medical service, or an extended care service to determine whether it is feasible and advisable to provide such care or service within a facility of the Department or by contract or sharing agreement entered into pursuant to another provision of law and, if so, take action to do so.
(B) (i) The Secretary shall review each Veterans Care Agreement of material size that has been in effect for at least 6 months within the first 2 years of its taking effect, and not less frequently than once every 4 years thereafter.
(ii) If a Veterans Care Agreement has not been in effect for at least 6 months by the date of the review required by subparagraph (A), the agreement shall be reviewed during the next cycle required by subparagraph (A), and such review shall serve as its review within the first 2 years of its taking effect for purposes of clause (i).
(3) (A) In fiscal year 2019 and in each fiscal year thereafter, in addition to such other Veterans Care Agreements as the Secretary may determine are of material size, a Veterans Care Agreement for the purchase of extended care services that exceeds $5,000,000 annually shall be considered of material size.
(B) From time to time, the Secretary may publish a notice in the Federal Register to adjust the dollar amount specified in subparagraph (A) to account for changes in the cost of health care based upon recognized health care market surveys and other available data.
(b) Eligible Entities and Providers.— For purposes of this section, an eligible entity or provider is—
(1) any provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)) and any physician or other supplier who has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h));
(2) any provider participating under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.);
(3) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002));
(4) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)); or
(5) any entity or provider not described in paragraph (1) or (2) of this subsection that the Secretary determines to be eligible pursuant to the certification process described in subsection (c).
(c) Eligible Entity or Provider Certification Process.— The Secretary shall establish by regulation a process for the certification of eligible entities or providers or recertification of eligible entities or providers under this section. Such a process shall, at a minimum—
(1) establish deadlines for actions on applications for certification;
(2) set forth standards for an approval or denial of certification, duration of certification, revocation of an eligible entity or provider’s certification, and recertification of eligible entities or providers;
(3) require the denial of certification if the Secretary determines the eligible entity or provider is excluded from participation in a Federal health care program under section 1128 or section 1128A of the Social Security Act (42 U.S.C. 1320a–7 or 1320a–7a) or is currently identified as an excluded source on the System for Award Management Exclusions list described in part 9 of title 48, Code of Federal Regulations, and part 180 of title 2 of such Code, or successor regulations;
(4) establish procedures for screening eligible entities or providers according to the risk of fraud, waste, and abuse that are similar to the standards under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and section 9.104 of title 48, Code of Federal Regulations, or successor regulations; and
(5) incorporate and apply the restrictions and penalties set forth in chapter 21 of title 41 and treat this section as a procurement program only for purposes of applying such provisions.
(d) Rates.— To the extent practicable, the rates paid by the Secretary for hospital care, medical services, and extended care services provided under a Veterans Care Agreement shall be in accordance with the rates paid by the United States under section 1703(i) of this title.
(e) Terms of Veterans Care Agreements.— (1) Pursuant to regulations promulgated under subsection (k), the Secretary may define the requirements for providers and entities entering into agreements under this section based upon such factors as the number of patients receiving care or services, the number of employees employed by the entity or provider furnishing such care or services, the amount paid by the Secretary to the provider or entity, or other factors as determined by the Secretary.
(2) To furnish hospital care, medical services, or extended care services under this section, an eligible entity or provider shall agree—
(A) to accept payment at the rates established in regulations prescribed under this section;
(B) that payment by the Secretary under this section on behalf of a covered individual to a provider of services or care shall, unless rejected and refunded by the provider within 30 days of receipt, constitute payment in full and extinguish any liability on the part of the covered individual for the treatment or care provided, and no provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate this requirement;
(C) to provide only the care and services authorized by the Department under this section and to obtain the prior written consent of the Department to furnish care or services outside the scope of such authorization;
(D) to bill the Department in accordance with the methodology outlined in regulations prescribed under this section;
(E) to not seek to recover or collect from a health plan contract or third party, as those terms are defined in section 1729 of this title, for any care or service that is furnished or paid for by the Department;
(F) to provide medical records to the Department in the time frame and format specified by the Department; and
(G) to meet such other terms and conditions, including quality of care assurance standards, as the Secretary may specify in regulation.
(f) Discontinuation or Nonrenewal of a Veterans Care Agreement.— (1) An eligible entity or provider may discontinue a Veterans Care Agreement at such time and upon such notice to the Secretary as may be provided in regulations prescribed under this section.
(2) The Secretary may discontinue a Veterans Care Agreement with an eligible entity or provider at such time and upon such reasonable notice to the eligible entity or provider as may be specified in regulations prescribed under this section, if an official designated by the Secretary—
(A) has determined that the eligible entity or provider failed to comply substantially with the provisions of the Veterans Care Agreement, or with the provisions of this section or regulations prescribed under this section;
(B) has determined the eligible entity or provider is excluded from participation in a Federal health care program under section 1128 or section 1128A of the Social Security Act (42 U.S.C. 1320a–7 or 1320a–7a) or is identified on the System for Award Management Exclusions list as provided in part 9 of title 48, Code of Federal Regulations, and part 180 of title 2 of such Code, or successor regulations;
(C) has ascertained that the eligible entity or provider has been convicted of a felony or other serious offense under Federal or State law and determines the eligible entity or provider’s continued participation would be detrimental to the best interests of covered individuals or the Department; or
(D) has determined that it is reasonable to terminate the agreement based on the health care needs of a covered individual.
(g) Quality of Care.— The Secretary shall establish a system or systems for monitoring the quality of care provided to covered individuals through Veterans Care Agreements and for assessing the quality of hospital care, medical services, and extended care services furnished by eligible entities and providers before the renewal of Veterans Care Agreements.
(h) Disputes.— (1) The Secretary shall promulgate administrative procedures for eligible entities and providers to present all disputes arising under or related to Veterans Care Agreements.
(2) Such procedures constitute the eligible entities’ and providers’ exhaustive and exclusive administrative remedies.
(3) Eligible entities or providers must first exhaust such administrative procedures before seeking any judicial review under section 1346 of title 28 (known as the “Tucker Act”).
(4) Disputes under this section must pertain to either the scope of authorization under the Veterans Care Agreement or claims for payment subject to the Veterans Care Agreement and are not claims for the purposes of such laws that would otherwise require application of sections 7101 through 7109 of title 41.
(i) Applicability of Other Provisions of Law.— (1) A Veterans Care Agreement may be authorized by the Secretary or any Department official authorized by the Secretary, and such action shall not be treated as—
(A) an award for the purposes of such laws that would otherwise require the use of competitive procedures for the furnishing of care and services; or
(B) a Federal contract for the acquisition of goods or services for purposes of any provision of Federal law governing Federal contracts for the acquisition of goods or services except section 4706(d) of title 41.
(2) (A) Except as provided in the agreement itself, in subparagraph (B), and unless otherwise provided in this section or regulations prescribed pursuant to this section, an eligible entity or provider that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any 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.
(B) An eligible entity or provider that enters into an agreement under this section is subject to—
(i) all laws regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties; and
(ii) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities.
(3) Notwithstanding paragraph (2)(B)(i), an eligible entity or provider that enters into an agreement under this section shall not be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41 (commonly known as the “McNamara-O’Hara Service Contract Act of 1965”).
(j) Parity of Treatment.— Eligibility for hospital care, medical services, and extended care services furnished to any covered individual pursuant to a Veterans Care Agreement shall be subject to the same terms as though provided in a facility of the Department, and provisions of this chapter applicable to covered individuals receiving such care and services in a facility of the Department shall apply to covered individuals treated under this section.
(k) Rulemaking.— The Secretary shall promulgate regulations to carry out this section.
(l) Covered Individual Defined.— In this section, the term “covered individual” means any individual eligible for hospital care, medical services, or extended care services under this title or any other law administered by the Secretary.
(Added Pub. L. 115–182, title I, § 102(a), June 6, 2018, 132 Stat. 1404; amended Pub. L. 115–251, title II, §§ 203, 211(a)(2), Sept. 29, 2018, 132 Stat. 3172, 3174.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsecs. (b)(2) and (i)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2018—Subsec. (a)(1)(A). Pub. L. 115–251, § 203(b)(1)(A), substituted “covered individual” for “veteran” wherever appearing. Subsec. (a)(1)(C). Pub. L. 115–251, § 203(b)(1)(B), substituted “covered individual” for “veteran” and “covered individual’s” for “veteran’s”. Subsec. (e)(2)(B). Pub. L. 115–251, § 203(b)(2), substituted “covered individual” for “veteran” in two places. Subsec. (f)(2)(C). Pub. L. 115–251, § 203(b)(3)(A), substituted “covered individuals” for “veterans”. Subsec. (f)(2)(D). Pub. L. 115–251, § 203(b)(3)(B), substituted “covered individual” for “veteran”. Subsec. (g). Pub. L. 115–251, § 203(b)(4), substituted “to covered individuals” for “to veterans”. Subsec. (h)(4). Pub. L. 115–251, § 211(a)(2), struck out “, United States Code” after “of title 41”. Subsec. (j). Pub. L. 115–251, § 203(b)(5), substituted “any covered individual” for “any veteran” and substituted “to covered individuals” for “to veterans” in two places. Subsec. (l). Pub. L. 115–251, § 203(a), added subsec. (l).
Statutory Notes and Related Subsidiaries
Applicability of Directive of Office of Federal Contract Compliance ProgramsPub. L. 115–182, title I, § 107, June 6, 2018, 132 Stat. 1416, provided that: “(a) In General.—Notwithstanding the treatment of certain laws under subsection (i) of section 1703A of title 38, United States Code, as added by section 102 of this title, Directive 2014–01 of the Office of Federal Contract Compliance Programs of the Department of Labor (effective as of May 7, 2014) shall apply to any entity entering into an agreement under such section 1703A or section 1745 of such title, as amended by section 103, in the same manner as such directive applies to subcontractors under the TRICARE program for the duration of the moratorium provided under such directive. “(b) Applicability Period.—The directive described in subsection (a), and the moratorium provided under such directive, shall not be altered or rescinded before May 7, 2019. “(c) TRICARE Program Defined.—In this section, the term ‘TRICARE program’ has the meaning given that term in section 1072 of title 10, United States Code.”
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---
type: "LegalText"
title: "38 U.S.C. § 1703B"
description: "Access standards"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 38
title_name: "VETERANS’ BENEFITS"
chapter_number: "17"
chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1703B"
citation: "38 U.S.C. § 1703B"
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# 38 U.S.C. § 1703B - Access standards
## Text
(a) (1) The Secretary shall establish access standards for furnishing hospital care, medical services, or extended care services to covered veterans for the purposes of section 1703(d).
(2) The Secretary shall ensure that the access standards established under paragraph (1) define such categories of care to cover all care and services within the medical benefits package of the Department of Veterans Affairs.
(b) The Secretary shall ensure that the access standards provide covered veterans, employees of the Department, and health care providers in the network established under section 1703(h) with relevant comparative information that is clear, useful, and timely, so that covered veterans can make informed decisions regarding their health care.
(c) The Secretary shall consult with all pertinent Federal entities (including the Department of Defense, the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services), entities in the private sector, and other nongovernmental entities in establishing access standards.
(d) (1) Not later than 270 days after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall submit to the appropriate committees of Congress a report detailing the access standards.
(2) (A) Before submitting the report required under paragraph (1), the Secretary shall provide periodic updates to the appropriate committees of Congress to confirm the Department’s progress towards developing the access standards required by this section.
(B) The first update under subparagraph (A) shall occur no later than 120 days from the date of the enactment of the Caring for Our Veterans Act of 2018.
(3) Not later than 540 days after the date on which the Secretary implements the access standards established under subsection (a), the Secretary shall submit to the appropriate committees of Congress a report detailing the implementation of and compliance with such access standards by Department and non-Department entities or providers.
(e) Not later than 3 years after the date on which the Secretary establishes access standards under subsection (a) and not less frequently than once every 3 years thereafter, the Secretary shall—
(1) conduct a review of such standards; and
(2) submit to the appropriate committees of Congress a report on the findings and any modification to the access standards with respect to the review conducted under paragraph (1).
(f) (1) Subject to paragraph (3), the Secretary shall meet the access standards established under subsection (a) when furnishing hospital care, medical services, or extended care services to a covered veteran under section 1703 of this title and shall ensure that meeting such access standards is reflected in the contractual requirements of Third Party Administrators.
(2) The Secretary shall ensure that health care providers specified under section 1703(c) of this title are able to comply with the access standards established under subsection (a) for such providers.
(3) (A) A Third Party Administrator may request a waiver to the requirement under this subsection to meet the access standards established under subsection (a) if—
(i) (I) the scarcity of available providers or facilities in the region precludes the Third Party Administrator from meeting those access standards; or
(II) the landscape of providers or facilities has changed, and certain providers or facilities are not available such that the Third Party Administrator is not able to meet those access standards; and
(ii) to address the scarcity of available providers or the change in the provider or facility landscape, as the case may be, the Third Party Administrator has contracted with other providers or facilities that may not meet those access standards but are the currently available providers or facilities most accessible to veterans within the region of responsibility of the Third Party Administrator.
(B) Any waiver requested by a Third Party Administrator under subparagraph (A) must be requested in writing and submitted to the Office of Integrated Veteran Care of the Department for approval by that office.
(C) As part of any waiver request under subparagraph (A), a Third Party Administrator must include conclusive evidence and documentation that the access standards established under subsection (a) cannot be met because of scarcity of available providers or changes to the landscape of providers or facilities.
(D) In evaluating a waiver request under subparagraph (A), the Secretary shall consider the following:
(i) The number and geographic distribution of eligible health care providers available within the geographic area and specialty referenced in the waiver request.
(ii) The prevailing market conditions within the geographic area and specialty referenced in the waiver request, which shall include the number and distribution of health care providers contracting with other health care plans (including commercial plans and the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)) operating in the geographic area and specialty referenced in the waiver request.
(iii) Whether the service area is comprised of highly rural, rural, or urban areas or some combination of such areas.
(iv) How significantly the waiver request differs from the access standards established under subsection (a).
(v) The rates offered to providers in the geographic area covered by the waiver.
(E) The Secretary shall not consider inability to contract as a valid sole rationale for granting a waiver under subparagraph (A).
(g) (1) The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department the designated access standards established under this section for purposes of section 1703(d)(1)(D) of this title.
(2) The Secretary shall publish on a publicly available internet website of the Department the access standards established under subsection (a).
(h) (1) Consistent with paragraphs (1)(D) and (3) of section 1703(d), covered veterans may contact the Department at any time to request a determination regarding whether they are eligible to receive care and services from a non-Department entity or provider based on the Department being unable to furnish such care and services in a manner that complies with the designated access standards established under this section.
(2) The Secretary shall establish a process to review such requests from covered veterans to determine whether—
(A) the requested care is clinically necessary; and
(B) the Department is able to provide such care in a manner that complies with designated access standards established under this section.
(3) The Secretary shall promptly respond to any such request by a covered veteran.
(i) In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(2) The term “covered veterans” means veterans described in section 1703(b) of this title.
(3) The term “inability to contract”, with respect to a Third Party Administrator, means the inability of the Third Party Administrator to successfully negotiate and establish a community care network contract with a provider or facility.
(4) The term “Third Party Administrator” means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title.
(Added Pub. L. 115–182, title I, § 104(a), June 6, 2018, 132 Stat. 1409; amended Pub. L. 115–251, title II, § 211(a)(3), Sept. 29, 2018, 132 Stat. 3174; Pub. L. 117–328, div. U, title I, § 125(a), Dec. 29, 2022, 136 Stat. 5416.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsec. (d)(1), (2)(B), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018. The Social Security Act, referred to in subsec. (f)(3)(D)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2022—Subsecs. (f), (g). Pub. L. 117–328, § 125(a)(1), added subsecs. (f) and (g) and struck out former subsecs. (f) and (g) which read as follows: “(f) The Secretary shall ensure health care providers specified under section 1703(c) are able to comply with the applicable access standards established by the Secretary. “(g) The Secretary shall publish in the Federal Register and on an internet website of the Department the designated access standards established under this section for purposes of section 1703(d)(1)(D).” Subsec. (i)(3), (4). Pub. L. 117–328, § 125(a)(2), added pars. (3) and (4) 2018—Subsec. (i). Pub. L. 115–251 inserted introductory provisions, substituted “means” for “refers to” in par. (2), and realigned margins.
Statutory Notes and Related Subsidiaries
Publication of Clarifying Information for Non-Department of Veterans Affairs ProvidersPub. L. 117–328, div. U, title I, § 143, Dec. 29, 2022, 136 Stat. 5424, provided that: “(a) In General.—The Secretary of Veterans Affairs shall publish on one or more publicly available internet websites of the Department of Veterans Affairs, including the main internet website regarding emergency care authorization for non-Department providers, the following information:“(1) A summary table or similar resource that provides a list of all authorities of the Department to authorize emergency care from non-Department providers and, for each such authority, the corresponding deadline for submission of claims. “(2) An illustrated summary of steps, such as a process map, with a checklist for the submission of clean claims that non-Department providers can follow to assure compliance with the claims-filing process of the Department. “(3) Contact information for the appropriate office or service line of the Department to address process questions from non-Department providers. “(b) Periodic Review.—Not less frequently than once every 180 days, the Secretary shall review the information published under subsection (a) to ensure that such information is current. “(c) Clean Claims Defined.—In this section, the term ‘clean claims’ means clean electronic claims and clean paper claims (as those terms are defined in section 1703D(i) of title 38, United States Code).”
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# 38 U.S.C. § 1703C - Standards for quality
## Text
(a) In General.— (1) The Secretary shall establish standards for quality regarding hospital care, medical services, and extended care services furnished by the Department pursuant to this title, including through non-Department health care providers pursuant to section 1703 of this title.
(2) (A) In establishing standards for quality under paragraph (1), the Secretary shall consider existing health quality measures that are applied to public and privately sponsored health care systems with the purpose of providing covered veterans relevant comparative information to make informed decisions regarding their health care.
(B) The Secretary shall ensure that the standards for quality established under paragraph (1) are comparable to industry standards to ensure there is adequate data transference between care furnished by the Department and care furnished by a non-Department provider.
(3) The Secretary shall collect and consider data for purposes of establishing the standards under paragraph (1). Such data collection shall include—
(A) after consultation with veterans service organizations and other key stakeholders on survey development or modification of an existing survey, a survey of veterans who have used hospital care, medical services, or extended care services furnished by the Veterans Health Administration during the most recent 2-year period to assess the satisfaction of the veterans with service and quality of care; and
(B) datasets that include, at a minimum, elements relating to the following:
(i) Timely care.
(ii) Effective care.
(iii) Safety, including, at a minimum, complications, readmissions, and deaths.
(iv) Efficiency.
(v) Outcomes relating to patient quality of life.
(4) The Secretary shall consult with all pertinent Federal entities (including the Department of Defense, the Department of Health and Human Services, the Centers for Medicare & Medicaid Services, and the Indian Health Service), entities in the private sector, and other non-governmental entities including Third Party Administrators in establishing standards for quality.
(5) When collecting, considering, and applying data related to patient care for purposes of establishing standards for quality under paragraph (1), the Secretary shall ensure no metric is being over or under analyzed.
(6) In establishing standards for quality under paragraph (1), the Secretary shall—
(A) utilize the most up-to-date practices for extracting and analyzing relevant data;
(B) utilize all relevant data available to the Secretary;
(C) ensure the most efficient use of time and resources related to the use of data scientists employed by the Department; and
(D) collaborate, as appropriate, with entities specified in paragraph (4).
(7) (A) Not less frequently than once every five years, the Secretary shall update the standards for quality established under paragraph (1) pursuant to the requirements for the establishment of such standards under this subsection.
(B) Not later than 30 days after any date on which the Secretary updates, pursuant to subparagraph (A), the standards for quality under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on such updated standards for quality.
(b) Publication and Consideration of Public Comments.— (1) Not less frequently than once every three years, the Secretary shall publish the quality rating of medical facilities of the Department pursuant to standards for quality under subsection (a) in the publicly available Hospital Compare website through the Centers for Medicare & Medicaid Services for the purpose of providing veterans with information that allows them to compare performance measure information among Department and non-Department health care providers.
(2) Not later than 2 years after the date on which the Secretary establishes or updates standards for quality under subsection (a), the Secretary shall consider and solicit public comment on potential changes to the measures used in such standards to ensure that they include the most up-to-date and applicable industry measures for veterans.
(c) Definitions.— In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(2) The term “covered veterans” means veterans described in section 1703(b) of this title.
(Added Pub. L. 115–182, title I, § 104(a), June 6, 2018, 132 Stat. 1410; amended Pub. L. 115–251, title II, § 211(a)(4), Sept. 29, 2018, 132 Stat. 3174; Pub. L. 118–210, title I, § 104(a), Jan. 2, 2025, 138 Stat. 2711.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(2). Pub. L. 118–210, § 104(a)(1)(A), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (a)(3)(B)(v). Pub. L. 118–210, § 104(a)(1)(B), added cl. (v). Subsec. (a)(4). Pub. L. 118–210, § 104(a)(1)(C), substituted “the Centers for Medicare & Medicaid Services, and the Indian Health Service” for “and the Centers for Medicare & Medicaid Services” and “and other non-governmental entities including Third Party Administrators” for “and other nongovernmental entities”. Subsec. (a)(5) to (7). Pub. L. 118–210, § 104(a)(1)(D), added pars. (5) to (7) and struck out former par. (5) which read as follows: “(A) Not later than 270 days after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall submit to the appropriate committees of Congress a report detailing the standards for quality. “(B)(i) Before submitting the report required under subparagraph (A), the Secretary shall provide periodic updates to the appropriate committees of Congress to confirm the Department’s progress towards developing the standards for quality required by this section. “(ii) The first update under clause (i) shall occur no later than 120 days from the date of the enactment of the Caring for Our Veterans Act of 2018.” Subsec. (b)(1). Pub. L. 118–210, § 104(a)(2)(A), substituted “Not less frequently than once every three years” for “Not later than 1 year after the date on which the Secretary establishes standards for quality under subsection (a)” and inserted “pursuant to standards for quality under subsection (a)” after “medical facilities of the Department”. Subsec. (b)(2). Pub. L. 118–210, § 104(a)(2)(B), inserted “or updates” after “establishes”. 2018—Subsec. (c). Pub. L. 115–251 inserted heading and introductory provisions, substituted “means” for “refers to” in par. (2), and realigned margins.
Statutory Notes and Related Subsidiaries
Deadline for UpdatePub. L. 118–210, title I, § 104(b), Jan. 2, 2025, 138 Stat. 2712, provided that: “The Secretary, pursuant to paragraph (7) of section 1703C(a) of title 38, United States Code (as added by subsection (a)), shall make the first update to the standards for quality established under paragraph (1) of such section not later than the date that is five years after the date on which the Secretary submits the report under paragraph (2) of subsection (d) [of section 104 of Pub. L. 118–210, set out as a note below].”
Updates to Quality Care MetricsPub. L. 118–210, title I, § 104(d), Jan. 2, 2025, 138 Stat. 2712, provided that: “(1) Initial report.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress [Committees on Veterans’ Affairs and Appropriations of the Senate and the House of Representatives] a report on how the Secretary plans to implement the amendments made by subsections [sic] (a) [amending this section]. “(2) Deadline; summary report.—Not later than two years after the date of the enactment of this Act, the Secretary shall—“(A) implement the amendments made by subsection (a), including by updating the standards for quality established under section 1703C of title 38, United States Code; and “(B) submit to the appropriate committees of Congress a report detailing the standards for quality updated pursuant to such amendments.” [Pub. L. 118–210, title I, § 104(f), Jan. 2, 2025, 138 Stat. 2713, provided that: “In this section [amending this section and enacting provisions set out as notes above], the term ‘appropriate committees of Congress’ has the meaning given such term in section 1703C of title 38, United States Code.” ]
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# 38 U.S.C. § 1703D - Prompt payment standard
## Text
(a) In General.— (1) Notwithstanding any other provision of this title or of any other provision of law, the Secretary shall pay for hospital care, medical services, or extended care services furnished by health care entities or providers under this chapter within 45 calendar days upon receipt of a clean paper claim or 30 calendar days upon receipt of a clean electronic claim.
(2) If a claim is denied, the Secretary shall, within 45 calendar days of denial for a paper claim and 30 calendar days of denial for an electronic claim, notify the health care entity or provider of the reason for denying the claim and what, if any, additional information is required to process the claim.
(3) Upon the receipt of the additional information, the Secretary shall ensure that the claim is paid, denied, or otherwise adjudicated within 30 calendar days from the receipt of the requested information.
(4) This section shall only apply to payments made on an invoice basis and shall not apply to capitation or other forms of periodic payment to entities or providers.
(b) Submittal of Claims by Health Care Entities and Providers.— A health care entity or provider that furnishes hospital care, a medical service, or an extended care service under this chapter shall submit to the Secretary a claim for payment for furnishing the hospital care, medical service, or extended care service not later than 180 days after the date on which the entity or provider furnished the hospital care, medical service, or extended care service.
(c) Fraudulent Claims.— (1) Sections 3729 through 3733 of title 31 shall apply to fraudulent claims for payment submitted to the Secretary by a health care entity or provider under this chapter.
(2) Pursuant to regulations prescribed by the Secretary, the Secretary shall bar a health care entity or provider from furnishing hospital care, medical services, and extended care services under this chapter when the Secretary determines the entity or provider has submitted to the Secretary fraudulent health care claims for payment by the Secretary.
(d) Overdue Claims.— (1) Any claim that has not been denied with notice, made pending with notice, or paid to the health care entity or provider by the Secretary shall be overdue if the notice or payment is not received by the entity provider within the time periods specified in subsection (a).
(2) (A) If a claim is overdue under this subsection, the Secretary may, under the requirements established by subsection (a) and consistent with the provisions of chapter 39 of title 31 (commonly referred to as the “Prompt Payment Act”), require that interest be paid on clean claims.
(B) Interest paid under subparagraph (A) shall be computed at the rate of interest established by the Secretary of the Treasury under section 3902 of title 31 and published in the Federal Register.
(3) Not less frequently than annually, the Secretary shall submit to Congress a report on payment of overdue claims under this subsection, disaggregated by paper and electronic claims, that includes the following:
(A) The amount paid in overdue claims described in this subsection, disaggregated by the amount of the overdue claim and the amount of interest paid on such overdue claim.
(B) The number of such overdue claims and the average number of days late each claim was paid, disaggregated by facility of the Department and Veterans Integrated Service Network region.
(e) Overpayment.— (1) The Secretary may deduct the amount of any overpayment from payments due a health care entity or provider under this chapter and may use any other means authorized by another provision of law to correct or recover overpayments.
(2) Deductions may not be made under this subsection unless the Secretary has made reasonable efforts to notify a health care entity or provider of the right to dispute the existence or amount of such indebtedness and the right to request a compromise of such indebtedness.
(3) The Secretary shall make a determination with respect to any such dispute or request prior to deducting any overpayment unless the time required to make such a determination before making any deductions would jeopardize the Secretary’s ability to recover the full amount of such indebtedness.
(f) Information and Documentation Required.— (1) The Secretary shall provide to all health care entities and providers participating in a program to furnish hospital care, medical services, or extended care services under this chapter a list of information and documentation that is required to establish a clean claim under this section.
(2) The Secretary shall consult with entities in the health care industry, in the public and private sector, to determine the information and documentation to include in the list under paragraph (1).
(3) If the Secretary modifies the information and documentation included in the list under paragraph (1), the Secretary shall notify all health care entities and providers described in paragraph (1) not later than 30 days before such modifications take effect.
(g) Processing of Claims.— (1) In processing a claim for compensation for hospital care, medical services, or extended care services furnished by a non-Department health care entity or provider under this chapter, the Secretary may act through—
(A) a non-Department entity that is under contract or agreement for the program established under section 1703(a) of this title; or
(B) a non-Department entity that specializes in such processing for other Federal agency health care systems.
(2) The Secretary shall seek to contract with a third party to conduct a review of claims described in paragraph (3) that includes—
(A) a feasibility assessment to determine the capacity of the Department to process such claims in a timely manner; and
(B) a cost benefit analysis comparing the capacity of the Department to a third party entity capable of processing such claims.
(3) The review required under paragraph (2) shall apply to claims for hospital care, medical services, or extended care services furnished under section 1703 of this title that are processed by the Department.
(h) Report on Encounter Data System.— (1) Not later than 90 days after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall submit to the appropriate committees of Congress a report on the feasibility and advisability of adopting a funding mechanism similar to what is utilized by other Federal agencies to allow a contracted entity to act as a fiscal intermediary for the Federal Government to distribute, or pass through, Federal Government funds for certain non-underwritten hospital care, medical services, or extended care services.
(2) The Secretary may coordinate with the Department of Defense, the Department of Health and Human Services, and the Department of the Treasury in developing the report required by paragraph (1).
(i) Definitions.— In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(2) The term “clean electronic claim” means the transmission of data for purposes of payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.
(3) The term “clean paper claim” means a paper claim for payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.
(4) The term “fraudulent claims” means the knowing misrepresentation of a material fact or facts by a health care entity or provider made to induce the Secretary to pay a claim that was not legally payable to that provider.
(5) The term “health care entity or provider” includes any non-Department health care entity or provider, but does not include any Federal health care entity or provider.
(Added Pub. L. 115–182, title I, § 111(a), June 6, 2018, 132 Stat. 1418; amended Pub. L. 115–251, title II, §§ 204, 211(a)(5), Sept. 29, 2018, 132 Stat. 3172, 3175.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsec. (h), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018.
Amendments2018—Subsec. (e)(1). Pub. L. 115–251, § 204, substituted “may deduct” for “shall deduct” and inserted before period at end “and may use any other means authorized by another provision of law to correct or recover overpayments”. Subsec. (g)(3). Pub. L. 115–251, § 211(a)(5), substituted “of this title” for “of this Act, as amended by the Caring for Our Veterans Act of 2018,”.
Statutory Notes and Related Subsidiaries
Processing of Claims for Reimbursement Through Electronic InterfacePub. L. 115–182, title I, § 114, June 6, 2018, 132 Stat. 1423, provided that: “The Secretary of Veterans Affairs may enter into an agreement with a third-party entity to process, through the use of an electronic interface, claims for reimbursement for health care provided under the laws administered by the Secretary.”
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# 38 U.S.C. § 1703E - Center for Innovation for Care and Payment
## Text
(a) In General.— (1) There is established within the Department a Center for Innovation for Care and Payment (in this section referred to as the “Center”).
(2) The Secretary, acting through the Center, may carry out such pilot programs the Secretary determines to be appropriate to develop innovative approaches to testing payment and service delivery models in order to reduce expenditures while preserving or enhancing the quality of care furnished by the Department.
(3) The Secretary, acting through the Center, shall test payment and service delivery models to determine whether such models—
(A) improve access to, and quality, timeliness, and patient satisfaction of care and services; and
(B) create cost savings for the Department.
(4) (A) The Secretary shall test a model in a location where the Secretary determines that the model will addresses 11 So in original. deficits in care (including poor clinical outcomes or potentially avoidable expenditures) for a defined population.
(B) The Secretary shall focus on models the Secretary expects to reduce program costs while preserving or enhancing the quality of care received by individuals receiving benefits under this chapter.
(C) The models selected may include those described in section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)).
(5) In selecting a model for testing, the Secretary may consider, in addition to other factors identified in this subsection, the following factors:
(A) Whether the model includes a regular process for monitoring and updating patient care plans in a manner that is consistent with the needs and preferences of individuals receiving benefits under this chapter.
(B) Whether the model places the individual receiving benefits under this chapter (including family members and other caregivers of such individual) at the center of the care team of such individual.
(C) Whether the model uses technology or new systems to coordinate care over time and across settings.
(D) Whether the model demonstrates effective linkage with other public sector payers, private sector payers, or statewide payment models.
(6) (A) Models tested under this section may not be designed in such a way that would allow the United States to recover or collect reasonable charges from a Federal health care program for care or services furnished by the Secretary to a veteran under pilot programs carried out under this section.
(B) In this paragraph, the term “Federal health care program” means—
(i) an insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of such Act (42 U.S.C. 1395j);
(ii) a State plan for medical assistance approved under title XIX of such Act (42 U.S.C. 1396 et seq.); or
(iii) a TRICARE program operated under sections 1075, 1075a, 1076, 1076a, 1076c, 1076d, 1076e, or 1076f of title 10.
(b) Duration.— Each pilot program carried out by the Secretary under this section shall terminate no later than 5 years after the date of the commencement of the pilot program.
(c) Location.— The Secretary shall ensure that each pilot program carried out under this section occurs in an area or areas appropriate for the intended purposes of the pilot program. To the extent practicable, the Secretary shall ensure that the pilot programs are located in geographically diverse areas of the United States.
(d) Budget.— Funding for each pilot program carried out by the Secretary under this section shall come from appropriations—
(1) provided in advance in appropriations acts for the Veterans Health Administration; and
(2) provided for information technology systems.
(e) Notice.— The Secretary shall—
(1) publish information about each pilot program under this section in the Federal Register; and
(2) take reasonable actions to provide direct notice to veterans eligible to participate in such pilot programs.
(f) Waiver of Authorities.— (1) Subject to reporting under paragraph (2) and approval under paragraph (3), in implementing a pilot program under this section, the Secretary may waive such requirements in subchapters I, II, and III of this chapter as the Secretary determines necessary solely for the purposes of carrying out this section with respect to testing models described in subsection (a).
(2) Before waiving any authority under paragraph (1), the Secretary shall submit to the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, and each standing committee with jurisdiction under the rules of the Senate and of the House of Representatives to report a bill to amend the provision or provisions of law that would be waived by the Department, a report on a request for waiver that describes in detail the following:
(A) The specific authorities to be waived under the pilot program.
(B) The standard or standards to be used in the pilot program in lieu of the waived authorities.
(C) The reasons for such waiver or waivers.
(D) A description of the metric or metrics the Secretary will use to determine the effect of the waiver or waivers upon the access to and quality, timeliness, or patient satisfaction of care and services furnished through the pilot program.
(E) The anticipated cost savings, if any, of the pilot program.
(F) The schedule for interim reports on the pilot program describing the results of the pilot program so far and the feasibility and advisability of continuing the pilot program.
(G) The schedule for the termination of the pilot program and the submission of a final report on the pilot program describing the result of the pilot program and the feasibility and advisability of making the pilot program permanent.
(H) The estimated budget of the pilot program.
(3) (A) Upon receipt of a report submitted under paragraph (2), each House of Congress shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision or provisions of law that would be waived by the Department under this subsection.
(B) The waiver requested by the Secretary under paragraph (2) shall be considered approved under this paragraph if there is enacted into law a joint resolution approving such request in its entirety.
(C) For purposes of this paragraph, the term “joint resolution” means only a joint resolution which is introduced within the period of five legislative days beginning on the date on which the Secretary transmits the report to the Congress under such paragraph (2), and—
(i) which does not have a preamble; and
(ii) the matter after the resolving clause of which is as follows: “that Congress approves the request for a waiver under section 1703E(f) of title 38, United States Code, as submitted by the Secretary on __________”, the blank space being filled with the appropriate date.
(D) (i) Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than 15 legislative days after the date of introduction thereof. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution.
(ii) It shall be in order at any time after the third legislative day after each committee authorized to consider a joint resolution has reported or has been discharged from consideration of a joint resolution, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(iii) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
(E) (i) A joint resolution introduced in the Senate shall be referred to the Committee on Veterans’ Affairs.
(ii) Any committee of the Senate to which a joint resolution is referred shall report it to the Senate without amendment not later than 15 session days after the date of introduction of a joint resolution described in paragraph (C). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the calendar.
(iii) (I) Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the third session day on which the Committee on Veterans’ Affairs has reported or has been discharged from consideration of a joint resolution described in paragraph (C) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.
(II) Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
(III) If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.
(IV) Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate.
(F) A joint resolution considered pursuant to this paragraph shall not be subject to amendment in either the House of Representatives or the Senate.
(G) (i) If, before the passage by one House of the joint resolution of that House, that House receives the joint resolution from the other House, then the following procedures shall apply:
(I) The joint resolution of the other House shall not be referred to a committee.
(II) With respect to the joint resolution of the House receiving the joint resolution—
(aa) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
(bb) the vote on passage shall be on the joint resolution of the other House.
(ii) If the Senate fails to introduce or consider a joint resolution under this paragraph, the joint resolution of the House shall be entitled to expedited floor procedures under this subparagraph.
(iii) If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable.
(H) This subparagraph is enacted by Congress—
(i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(g) Limitations.— (1) The Secretary may not carry out more than 10 pilot programs concurrently.
(2) (A) Subject to subparagraph (B), the Secretary may not expend more than $50,000,000 in any fiscal year from amounts under subsection (d).
(B) The Secretary may expend more than the amount in subparagraph (A) if—
(i) the Secretary determines that the additional expenditure is necessary to carry out pilot programs under this section;
(ii) the Secretary submits to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report setting forth the amount of the additional expenditure and a justification for the additional expenditure; and
(iii) the Chairmen of the Committees on Veterans’ Affairs of the Senate and the House of Representatives transmit to the Secretary a letter approving of the additional expenditure.
(3) The waiver provisions in subsection (f) shall not apply unless the Secretary, in accordance with the requirements in subsection (f), submits the first proposal for a pilot program not later than 18 months after the date of the enactment of the Caring for Our Veterans Act of 2018.
(4) Notwithstanding section 502 of this title, decisions by the Secretary under this section shall, consistent with section 511 of this title, be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
(5) (A) If the Secretary determines that a pilot program is not improving the quality of care or producing cost savings, the Secretary shall—
(i) propose a modification to the pilot program in the interim report that shall also be considered a report under subsection (f)(2) and shall be subject to the terms and conditions of subsection (f)(2); or
(ii) terminate such pilot program not later than 30 days after submitting the interim report to Congress.
(B) If the Secretary terminates a pilot program under subparagraph (A)(ii), for purposes of subparagraphs (F) and (G) of subsection (f)(2), such interim report will also serve as the final report for that pilot program.
(h) Evaluation and Reporting Requirements.— (1) The Secretary shall conduct an evaluation of each model tested, which shall include, at a minimum, an analysis of—
(A) the quality of care furnished under the model, including the measurement of patient-level outcomes and patient-centeredness criteria determined appropriate by the Secretary; and
(B) the changes in spending by reason of that model.
(2) The Secretary shall make the results of each evaluation under this subsection available to the public in a timely fashion and may establish requirements for other entities participating in the testing of models under this section to collect and report information that the Secretary determines is necessary to monitor and evaluate such models.
(i) Coordination and Advice.— (1) The Secretary shall obtain advice from the Under Secretary for Health and the Special Medical Advisory Group established pursuant to section 7312 of this title in the development and implementation of any pilot program operated under this section.
(2) In carrying out the duties under this section, the Secretary shall consult representatives of relevant Federal agencies, and clinical and analytical experts with expertise in medicine and health care management. The Secretary shall use appropriate mechanisms to seek input from interested parties.
(j) Expansion of Successful Pilot Programs.— Taking into account the evaluation under subsection (f), the Secretary may, through rulemaking, expand (including implementation on a nationwide basis) the duration and the scope of a model that is being tested under subsection (a) to the extent determined appropriate by the Secretary, if—
(1) the Secretary determines that such expansion is expected to—
(A) reduce spending without reducing the quality of care; or
(B) improve the quality of patient care without increasing spending; and
(2) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits for individuals receiving benefits under this chapter.
(Added Pub. L. 115–182, title I, § 152(a), June 6, 2018, 132 Stat. 1432.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(6)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsec. (g)(3), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018.
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# 38 U.S.C. § 1703F - Credentialing verification requirements for providers of non-Department health care services
## Text
(a) In General.— The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non-Department health care services.
(b) Requirements Specified.— The Secretary shall require Third Party Administrators and credentials verification organizations to carry out the following:
(1) Hold and maintain an active credential verification accreditation from a national health care accreditation body.
(2) Conduct initial verification of provider history and license sanctions for all States and United States territories for a period of time—
(A) that includes the period before the provider began providing non-Department health care services; and
(B) dating back not less than 10 years.
(3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories.
(4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).
(5) Perform other forms of credentialing verification as the Secretary considers appropriate.
(c) Definitions.— In this section:
(1) The term “credentials verification organization” means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care Agreement.
(2) The term “Third Party Administrator” means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title.
(3) The term “Veterans Care Agreement” means an agreement for non-Department health care services entered into under section 1703A of this title.
(4) The term “non-Department health care services” means services—
(A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title);
(B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note);
(C) purchased through the Medical Community Care account of the Department; or
(D) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note).
(Added Pub. L. 117–328, div. U, title I, § 141(a)(1), Dec. 29, 2022, 136 Stat. 5422.)
## Notes
Editorial Notes
References in TextThe Health Care Quality Improvement Act of 1986, referred to in subsec. (b)(4), is title IV of Pub. L. 99–660, Nov. 14, 1986, 100 Stat. 3784, which is classified generally to chapter 117 (§ 11101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11101 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
Deadline for ImplementationPub. L. 117–328, div. U, title I, § 141(b), Dec. 29, 2022, 136 Stat. 5423, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall commence the implementation of section 1703F of title 38, United States Code, as added by subsection (a)(1).”
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# 38 U.S.C. § 1703G - Quarterly report on referrals for non-Department health care
## Text
The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a quarterly report containing, with respect to referrals for non-Department health care originating from a medical facility of the Department during the quarter preceding the date of the submission of the report, a measurement of, for each such medical facility—
(1) the period of time between—
(A) the date on which a clinician employed by the Department determines that a veteran requires care, or a veteran presents to the Department requesting care, and the date on which the referral for care is sent to a non-Department health care provider;
(B) the date on which such referral is sent to a non-Department health care provider and the date on which such non-Department health care provider accepts such referral;
(C) the date on which such non-Department health care provider accepts such referral and the date on which such referral is completed;
(D) the date on which such referral is completed and the date on which an appointment with a non-Department health care provider is made; and
(E) the date on which such an appointment is made and the date on which such appointment occurs; and
(2) any other period of time that the Secretary determines necessary.
(Added Pub. L. 118–210, title I, § 140(a), Jan. 2, 2025, 138 Stat. 2743.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 118–210, title I, § 140(b), Jan. 2, 2025, 138 Stat. 2744, provided that: “The first report under section 1703G [38 U.S.C. 1703G], as added by this section, shall be due not later than 180 days after the date of the enactment of this section [Jan. 2, 2025].”
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# 38 U.S.C. § 1704 - Preventive health services: annual report
## Text
Not later than October 31 each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on preventive health services. Each such report shall include the following:
(1) A description of the programs and activities of the Department with respect to preventive health services during the preceding fiscal year, including a description of the following:
(A) The programs conducted by the Department—
(i) to educate veterans with respect to health promotion and disease prevention;
(ii) to provide veterans with preventive health screenings and other clinical services, with such description setting forth the types of resources used by the Department to conduct such screenings and services and the number of veterans reached by such screenings and services; and
(iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule.
(B) The means by which the Secretary addressed the specific preventive health services needs of particular groups of veterans (including veterans with service-connected disabilities, elderly veterans, low-income veterans, women veterans, institutionalized veterans, and veterans who are at risk for mental illness).
(C) The manner in which the provision of such services was coordinated with the activities of the Medical and Prosthetic Research Service of the Department and the National Center for Preventive Health.
(D) The manner in which the provision of such services was integrated into training programs of the Department, including initial and continuing medical training of medical students, residents, and Department staff.
(E) The manner in which the Department participated in cooperative preventive health efforts with other governmental and private entities (including State and local health promotion offices and not-for-profit organizations).
(F) The specific research carried out by the Department with respect to the long-term relationships among screening activities, treatment, and morbidity and mortality outcomes.
(G) The cost effectiveness of such programs and activities, including an explanation of the means by which the costs and benefits (including the quality of life of veterans who participate in such programs and activities) of such programs and activities are measured.
(2) A specific description of research activities on preventive health services carried out during that period using employees, funds, equipment, office space, or other support services of the Department, with such description setting forth—
(A) the source of funds for those activities;
(B) the articles or publications (including the authors of the articles and publications) in which those activities are described;
(C) the Federal, State, or local governmental entity or private entity, if any, with which such activities were carried out; and
(D) the clinical, research, or staff education projects for which funding applications were submitted (including the source of the funds applied for) and upon which a decision is pending or was denied.
(3) An accounting of the expenditure of funds during that period by the National Center for Preventive Health under section 7318 of this title.
(Added Pub. L. 102–585, title V, § 512(a), Nov. 4, 1992, 106 Stat. 4957; amended Pub. L. 114–315, title VI, § 602(b), Dec. 16, 2016, 130 Stat. 1569.)
## Notes
Editorial Notes
Amendments2016—Par. (1)(A)(iii). Pub. L. 114–315 added cl. (iii).
Statutory Notes and Related Subsidiaries
Construction of 2016 AmendmentNothing in amendment by Pub. L. 114–315 to be construed to require a veteran to receive an immunization that the veteran does not want to receive, see section 602(d) of Pub. L. 114–315, set out as a note under section 1701 of this title.
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# 38 U.S.C. § 1704A - Independent assessments of health care delivery systems and management processes
## Text
(a) Independent Assessments.— (1) Not less frequently than once every 10 years, the Secretary shall enter into one or more contracts with a private sector entity or entities described in subsection (d) to conduct an independent assessment of the hospital care, medical services, and other health care furnished by the Department.
(2) Each assessment required under paragraph (1) shall address each of the following:
(A) Current and projected demographics and unique health care needs of the patient population served by the Department.
(B) The accuracy of models and forecasting methods used by the Department to project health care demand, including with respect to veteran demographics, rates of use of health care furnished by the Department, the inflation of health care costs, and such other factors as may be determined relevant by the Secretary.
(C) The reliability and accuracy of models and forecasting methods used by the Department to project the budgetary needs of the Veterans Health Administration and how such models and forecasting methods inform budgetary trends.
(D) The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at facilities of the Department and non-Department facilities, including through Federal and private sector partners and at joint medical facilities, and the effect of such authorities and mechanisms on eligibility and access to care.
(E) The organization, workflow processes, and tools used by the Department to support clinical staffing, access to care, effective length-of-stay management and care transitions, positive patient experience, accurate documentation, and subsequent coding of inpatient services.
(F) The efforts of the Department to recruit and retain staff at levels necessary to carry out the functions of the Veterans Health Administration and the process used by the Department to determine staffing levels necessary for such functions.
(G) The staffing level at each medical facility of the Department and the productivity of each health care provider at the medical facility, compared with health care industry performance metrics, which may include the following:
(i) An assessment of the case load of, and number of patients treated by, each health care provider at such medical facility during an average week.
(ii) An assessment of the time spent by each such health care provider on matters other than the case load of the health care provider, including time spent by the health care provider as follows:
(I) At a medical facility that is affiliated with the Department.
(II) Conducting research.
(III) Training or supervising other health care professionals of the Department.
(iii) An assessment of the complexity of health care conditions per patient treated by each health care provider at such medical facility during an average week.
(H) The information technology strategies of the Department with respect to furnishing and managing health care, including an identification of any weaknesses or opportunities with respect to the technology used by the Department, especially those strategies with respect to clinical documentation of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Department in facilities of the Department or non-Department facilities.
(I) Business processes of the Veterans Health Administration, including processes relating to furnishing non-Department health care, insurance identification, third-party revenue collection, and vendor reimbursement, including an identification of mechanisms as follows:
(i) To avoid the payment of penalties to vendors.
(ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate.
(iii) To increase the collection of any other amounts owed to the Department with respect to hospital care, medical services, or other health care and to ensure that such amounts collected are accurate.
(iv) To increase the accuracy and timeliness of payments by the Department to vendors and providers.
(v) To reduce expenditures while improving the quality of care furnished.
(J) The purchase, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services by the Department, including the following:
(i) The prices paid for, standardization of, and use by, the Department with respect to the following:
(I) Pharmaceuticals.
(II) Medical and surgical supplies.
(III) Medical devices.
(ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services.
(iii) The strategy and systems used by the Department to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services to Veterans Integrated Service Networks and medical facilities of the Department.
(K) The competency of Department leadership with respect to culture, accountability, reform readiness, leadership development, physician alignment, employee engagement, succession planning, and performance management.
(L) The effectiveness of the authorities and programs of the Department to educate and train health personnel pursuant to section 7302 of this title.
(M) The conduct of medical and prosthetic research of the Department.
(N) The provision of assistance by the Department to Federal agencies and personnel involved in responding to a disaster or emergency.
(O) Such additional matters as may be determined relevant by the Secretary.
(b) Timing.— The private sector entity or entities carrying out an assessment pursuant to subsection (a) shall complete such assessment not later than 18 months after entering into the contract described in such paragraph.
(c) Leveraging of Existing Data and Contracts.— To the extent practicable, the private sector entity or entities carrying out an assessment pursuant to subsection (a) shall—
(1) make maximum use of existing data that has been compiled by the Department, compiled for the Department, or purchased by the Department, including data that has been collected for—
(A) the performance of quadrennial market assessments under section 7330C of this title;
(B) the quarterly publication of information on staffing and vacancies with respect to the Veterans Health Administration pursuant to section 505 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C. 301 note); and
(C) the conduct of annual audits pursuant to section 3102 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 1701 note).
(2) maximize the use of existing contracts and other agreements of the Department for studies, analysis, data collection, or research in order to efficiently fulfill the requirements of this section.
(d) Private Sector Entities Described.— A private sector entity described in this subsection is a private entity that—
(1) has experience and proven outcomes in optimizing the performance of national health care delivery systems, including the Veterans Health Administration, other federal health care systems, and systems in the private, non-profit, or public health care sector;
(2) specializes in implementing large-scale organizational and cultural transformations, especially with respect to health care delivery systems; and
(3) is not currently under contract with the Department to provide direct or indirect patient care or related clinical care services or supplies under the laws administered by the Secretary.
(e) Program Integrator.— (1) If the Secretary enters into contracts with more than one private sector entity under subsection (a) with respect to a single assessment under such subsection, the Secretary shall designate one such entity as the program integrator.
(2) The program integrator designated pursuant to paragraph (1) shall be responsible for coordinating the outcomes of the assessments conducted by the private sector entities pursuant to such contracts.
(f) Reports.— (1) (A) Not later than 60 days after completing an assessment pursuant to subsection (a), the private sector entity or entities carrying out such assessment shall submit to the Secretary and the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings and recommendations of the private sector entity or entities with respect to such assessment.
(B) Each report under subparagraph (A) with respect to an assessment shall include an identification of the following:
(i) Any changes with respect to the matters included in such assessment since the date that is the later of the following:
(I) The date on which the independent assessment under section 201 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) was completed.
(II) The date on which the last assessment under subsection (a) was completed.
(ii) Any recommendations regarding matters to be covered by subsequent assessments under subsection (a), including any additional matters to include for assessment or previously assessed matters to exclude.
(2) Not later than 30 days after receiving a report under paragraph (1), the Secretary shall publish such report in the Federal Register and on a publicly accessible internet website of the Department.
(3) Not later than 90 days after receiving a report under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report outlining the feasibility and advisability of implementing the recommendations made by the private sector entity or entities in such report received, including an identification of the timeline, cost, and any legislative authorities necessary for such implementation.
(g) Sunset.— The requirement to enter into contracts under subsection (a) shall terminate on December 31, 2055.
(Added Pub. L. 117–328, div. U, title I, § 194(a), Dec. 29, 2022, 136 Stat. 5440.)
## Notes
Statutory Notes and Related Subsidiaries
Deadline for Initial AssessmentPub. L. 117–328, div. U, title I, § 194(c), Dec. 29, 2022, 136 Stat. 5444, provided that: “The initial assessment under section 1704A of title 38, United States Code, as added by subsection (a), shall be completed by not later than December 31, 2025.”
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# 38 U.S.C. § 1705 - Management of health care: patient enrollment system
## Text
(a) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary, in accordance with regulations the Secretary shall prescribe, shall establish and operate a system of annual patient enrollment. The Secretary shall manage the enrollment of veterans in accordance with the following priorities, in the order listed:
(1) Veterans with service-connected disabilities rated 50 percent or greater and veterans who were awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14.
(2) Veterans with service-connected disabilities rated 30 percent or 40 percent.
(3) Veterans who are former prisoners of war or who were awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described in subparagraphs (B) and (C) of section 1710(a)(2) of this title.
(4) Veterans who are in receipt of increased pension based on a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled.
(5) Veterans not covered by paragraphs (1) through (4) who are unable to defray the expenses of necessary care as determined under section 1722(a) of this title.
(6) All other veterans eligible for hospital care, medical services, and nursing home care under section 1710(a)(2) of this title.
(7) Veterans described in section 1710(a)(3) of this title who are eligible for treatment as a low-income family under section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) for the area in which such veterans reside, regardless of whether such veterans are treated as single person families under paragraph (3)(A) of such section 3(b) or as families under paragraph (3)(B) of such section 3(b).
(8) Veterans described in section 1710(a)(3) of this title who are not covered by paragraph (7).
(b) In the design of an enrollment system under subsection (a), the Secretary—
(1) shall ensure that the system will be managed in a manner to ensure that the provision of care to enrollees is timely and acceptable in quality;
(2) may establish additional priorities within each priority group specified in subsection (a), as the Secretary determines necessary; and
(3) may provide for exceptions to the specified priorities where dictated by compelling medical reasons.
(c) (1) The Secretary may not provide hospital care or medical services to a veteran under paragraph (2) or (3) of section 1710(a) of this title unless the veteran enrolls in the system of patient enrollment established by the Secretary under subsection (a).
(2) The Secretary shall provide hospital care and medical services under section 1710(a)(1) of this title, and under subparagraph (B) of section 1710(a)(2) of this title, for the 12-month period following such veteran’s discharge or release from service, to any veteran referred to in such sections for a disability specified in the applicable subparagraph of such section, notwithstanding the failure of the veteran to enroll in the system of patient enrollment referred to in subsection (a) of this section.
(Added Pub. L. 104–262, title I, § 104(a)(1), Oct. 9, 1996, 110 Stat. 3182; amended Pub. L. 106–117, title I, § 112(2), Nov. 30, 1999, 113 Stat. 1556; Pub. L. 107–135, title II, § 202(a), Jan. 23, 2002, 115 Stat. 2457; Pub. L. 107–330, title III, § 308(g)(4), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 111–163, title V, § 512, May 5, 2010, 124 Stat. 1164; Pub. L. 114–315, title VI, § 603(a)(1), Dec. 16, 2016, 130 Stat. 1570; Pub. L. 115–232, div. A, title VIII, § 809(n)(1)(A), Aug. 13, 2018, 132 Stat. 1843.)
## Notes
Editorial Notes
References in TextSection 491 of title 14, referred to in subsec. (a)(1), was redesignated section 2732 of title 14 by Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226, and references to section 491 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.
Amendments2018—Subsec. (a)(1). Pub. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”. 2016—Subsec. (a)(1). Pub. L. 114–315, § 603(a)(1)(A), inserted “and veterans who were awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14” before period at end. Subsec. (a)(3). Pub. L. 114–315, § 603(a)(1)(B), struck out “veterans who were awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14,” after “awarded the Purple Heart,”. 2010—Subsec. (a)(3). Pub. L. 111–163 inserted “veterans who were awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14,” after “the Purple Heart,”. 2002—Subsec. (a)(7), (8). Pub. L. 107–135 added pars. (7) and (8) and struck out former par. (7) which read as follows: “Veterans described in section 1710(a)(3) of this title.” Subsec. (c)(1). Pub. L. 107–330 substituted “The Secretary” for “Effective on October 1, 1998, the Secretary”. 1999—Subsec. (a)(3). Pub. L. 106–117 inserted “or who were awarded the Purple Heart” after “former prisoners of war”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Effective Date of 2002 AmendmentPub. L. 107–135, title II, § 202(c), Jan. 23, 2002, 115 Stat. 2457, provided that: “The amendments made by this section [amending this section and section 1710 of this title] shall take effect on October 1, 2002.”
ApplicationPub. L. 114–315, title VI, § 603(a)(2), Dec. 16, 2016, 130 Stat. 1570, provided that: “The priority of enrollment of medal of honor recipients in the system of annual patient enrollment established and operated under section 1705(a) of such title [38 U.S.C. 1705(a)], as amended by paragraph (1), shall apply to each such recipient, regardless of the date on which the medal is awarded.”
Assessment of Implementation and Operation of Amendments by Pub. L. 104–262Pub. L. 104–262, title I, § 106, Oct. 9, 1996, 110 Stat. 3184, provided that: “(a) Assessment Systems.—The Secretary of Veterans Affairs shall establish information systems to assess the experience of the Department of Veterans Affairs in implementing sections 101, 103, and 104 [enacting this section and section 1706 of this title, amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717, 1718, 1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this title, and enacting provisions set out as a note under section 1701 of this title], including the amendments made by those sections, during fiscal year 1997. The Secretary shall establish those information systems in time to include assessments under such systems in the report required under subsection (b). “(b) Report.—Not later than March 1, 1998, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report reflecting the experience of the Department during fiscal year 1997 on—“(1) the effect of implementation of, and provision and management of care under, sections 101, 103, and 104 (including the amendments made by those sections) on demand for health care services from the Department of Veterans Affairs by veterans described in paragraphs (1), (2), and (3) of section 1710(a) of title 38, United States Code, as amended by section 101; “(2) any differing patterns of demand on the part of such veterans relating to such factors as relative distance from Department facilities and prior experience, or lack of experience, as recipients of care from the Department; “(3) the extent to which the Department has met such demand for care; and “(4) changes in health-care delivery patterns in Department facilities and the fiscal impact of such changes. “(c) Matters To Be Included.—The report under subsection (b) shall include detailed information with respect to fiscal year 1997 regarding the following:“(1) The number of veterans enrolled for care at each Department medical facility and, of such veterans, the number enrolled at each such facility who had not received care from the Department during the preceding three fiscal years. “(2) With respect to the veterans who had not received care from the Department during the three preceding fiscal years, the total cost of providing care to such veterans, shown in total and separately (A) by level of care, and (B) by reference to whether care was furnished in Department facilities or under contract arrangements. “(3) With respect to the number of veterans described in paragraphs (1), (2), and (3) of section 1710(a) of title 38, United States Code, as amended by section 101, who applied for health care from the Department during fiscal year 1997—“(A) the number who applied for care (shown in total and separately by facility); “(B) the number who were denied enrollment (shown in total and separately by facility); and “(C) the number who were denied care which was considered to be medically necessary but not of an emergency nature (shown in total and separately by facility). “(4) The numbers and characteristics of, and the type and extent of health care furnished to, veterans enrolled for care (shown in total and separately by facility). “(5) The numbers and characteristics of, and the type and extent of health care furnished to, veterans not enrolled for care (shown separately by reference to each class of eligibility, both in total and separately by facility). “(6) The specific fiscal impact (shown in total and by geographic health-care delivery areas) of changes in delivery patterns instituted under the amendments made by this title [enacting this section and section 1706 of this title and amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717, 1718, 1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this title].”
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# 38 U.S.C. § 1705A - Management of health care: information regarding health-plan contracts
## Text
(a) In General.— (1) Any individual who seeks hospital care or medical services under this chapter shall provide to the Secretary such current information as the Secretary may require to identify any health-plan contract under which such individual is covered.
(2) The information required to be provided to the Secretary under paragraph (1) with respect to a health-plan contract shall include, as applicable, the following:
(A) The name of the entity providing coverage under the health-plan contract.
(B) If coverage under the health-plan contract is in the name of an individual other than the individual required to provide information under this section, the name of the policy holder of the health-plan contract.
(C) The identification number for the health-plan contract.
(D) The group code for the health-plan contract.
(b) Action To Collect Information.— The Secretary may take such action as the Secretary considers appropriate to collect the information required under subsection (a).
(c) Effect on Services From Department.— The Secretary may not deny any services under this chapter to an individual solely due to the fact that the individual fails to provide information required under subsection (a).
(d) Health-Plan Contract Defined.— In this section, the term “health-plan contract” has the meaning given that term in section 1725(h) of this title.
(Added Pub. L. 114–315, title VI, § 604(a), Dec. 16, 2016, 130 Stat. 1571; amended Pub. L. 117–328, div. U, title I, § 142(c)(1), Dec. 29, 2022, 136 Stat. 5424.)
## Notes
Editorial Notes
Amendments2022—Subsec. (d). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.
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# 38 U.S.C. § 1706 - Management of health care: other requirements
## Text
(a) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary shall, to the extent feasible, design, establish and manage health care programs in such a manner as to promote cost-effective delivery of health care services in the most clinically appropriate setting.
(b) (1) In managing the provision of hospital care and medical services under such section, the Secretary shall ensure that the Department (and each geographic service area of the Veterans Health Administration) maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans (including veterans with spinal cord dysfunction, blindness, amputations, and mental illness) within distinct programs or facilities of the Department that are dedicated to the specialized needs of those veterans in a manner that (A) affords those veterans reasonable access to care and services for those specialized needs, and (B) ensures that overall capacity of the Department (and each geographic service area of the Veterans Health Administration) to provide such services is not reduced below the capacity of the Department, nationwide, to provide those services, as of October 9, 1996. The Secretary shall carry out this paragraph in consultation with the Advisory Committee on Prosthetics and Special Disabilities Programs and the Committee on Care of Severely Chronically Mentally Ill Veterans.
(2) For purposes of paragraph (1), the capacity of the Department (and each geographic service area of the Veterans Health Administration) to provide for the specialized treatment and rehabilitative needs of disabled veterans (including veterans with spinal cord dysfunction, traumatic brain injury, blindness, prosthetics and sensory aids, and mental illness) within distinct programs or facilities shall be measured for seriously mentally ill veterans as follows (with all such data to be provided by geographic service area and totaled nationally):
(A) For mental health intensive community-based care, the number of discrete intensive care teams constituted to provide such intensive services to seriously mentally ill veterans and the number of veterans provided such care.
(B) For opioid substitution programs, the number of patients treated annually and the amounts expended.
(C) For dual-diagnosis patients, the number treated annually and the amounts expended.
(D) For substance-use disorder programs—
(i) the number of beds (whether hospital, nursing home, or other designated beds) employed and the average bed occupancy of such beds;
(ii) the percentage of unique patients admitted directly to outpatient care during the fiscal year who had two or more additional visits to specialized outpatient care within 30 days of their first visit, with a comparison from 1996 until the date of the report;
(iii) the percentage of unique inpatients with substance-use disorder diagnoses treated during the fiscal year who had one or more specialized clinic visits within three days of their index discharge, with a comparison from 1996 until the date of the report;
(iv) the percentage of unique outpatients seen in a facility or geographic service area during the fiscal year who had one or more specialized clinic visits, with a comparison from 1996 until the date of the report; and
(v) the rate of recidivism of patients at each specialized clinic in each geographic service area of the Veterans Health Administration.
(E) For mental health programs, the number and type of staff that are available at each facility to provide specialized mental health treatment, including satellite clinics, outpatient programs, and community-based outpatient clinics, with a comparison from 1996 to the date of the report.
(F) The number of such clinics providing mental health care, the number and type of mental health staff at each such clinic, and the type of mental health programs at each such clinic.
(G) The total amounts expended for mental health during the fiscal year.
(3) For purposes of paragraph (1), the capacity of the Department (and each geographic service area of the Veterans Health Administration) to provide for the specialized treatment and rehabilitative needs of disabled veterans within distinct programs or facilities shall be measured for veterans with spinal cord dysfunction, traumatic brain injury, blindness, or prosthetics and sensory aids as follows (with all such data to be provided by geographic service area and totaled nationally):
(A) For spinal cord injury and dysfunction specialized centers and for blind rehabilitation specialized centers, the number of staffed beds and the number of full-time equivalent employees assigned to provide care at such centers.
(B) For prosthetics and sensory aids, the annual amount expended.
(C) For traumatic brain injury, the number of patients treated annually and the amounts expended.
(4) In carrying out paragraph (1), the Secretary may not use patient outcome data as a substitute for, or the equivalent of, compliance with the requirement under that paragraph for maintenance of capacity.
(5) (A) Not later than April 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s compliance, by facility and by service-network, with the requirements of this subsection. Each such report shall include information on recidivism rates associated with substance-use disorder treatment.
(B) In preparing each report under subparagraph (A), the Secretary shall use standardized data and data definitions.
(C) Each report under subparagraph (A) shall be audited by the Inspector General of the Department, who shall submit to Congress a certification as to the accuracy of each such report.
(6) (A) To ensure compliance with paragraph (1), the Under Secretary for Health shall prescribe objective standards of job performance for employees in positions described in subparagraph (B) with respect to the job performance of those employees in carrying out the requirements of paragraph (1). Those job performance standards shall include measures of workload, allocation of resources, and quality-of-care indicators.
(B) Positions described in this subparagraph are positions in the Veterans Health Administration that have responsibility for allocating and managing resources applicable to the requirements of paragraph (1).
(C) The Under Secretary shall develop the job performance standards under subparagraph (A) in consultation with the Advisory Committee on Prosthetics and Special Disabilities Programs and the Committee on Care of Severely Chronically Mentally Ill Veterans.
(c) The Secretary shall ensure that each primary care health care facility of the Department develops and carries out a plan to provide mental health services, either through referral or direct provision of services, to veterans who require such services.
(Added Pub. L. 104–262, title I, § 104(a)(1), Oct. 9, 1996, 110 Stat. 3183; amended Pub. L. 105–368, title IX, § 903(a), title X, § 1005(b)(2), Nov. 11, 1998, 112 Stat. 3360, 3365; Pub. L. 107–95, § 8(a), Dec. 21, 2001, 115 Stat. 919; Pub. L. 107–135, title II, § 203, Jan. 23, 2002, 115 Stat. 2458; Pub. L. 109–461, title II, § 208(a), Dec. 22, 2006, 120 Stat. 3413; Pub. L. 114–223, div. A, title II, § 253, Sept. 29, 2016, 130 Stat. 894.)
## Notes
Editorial Notes
Amendments2016—Subsec. (b)(5)(A). Pub. L. 114–223 struck out “through 2008” after “each year”. 2006—Subsec. (b)(5)(A). Pub. L. 109–461 substituted “2008” for “2004”. 2002—Subsec. (b)(1). Pub. L. 107–135, § 203(a)(1), inserted “(and each geographic service area of the Veterans Health Administration)” after “ensure that the Department” in introductory provisions and “(and each geographic service area of the Veterans Health Administration)” after “overall capacity of the Department” in cl. (B). Subsec. (b)(2) to (4). Pub. L. 107–135, § 203(a)(3), added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively. Subsec. (b)(5). Pub. L. 107–135, § 203(a)(2), (b), redesignated par. (2) as (5), inserted “(A)” before “Not later than”, substituted “April 1 of each year through 2004” for “April 1, 1999, April 1, 2000, and April 1, 2001”, inserted at end of subpar. (A) “Each such report shall include information on recidivism rates associated with substance-use disorder treatment.”, and added subpars. (B) and (C). Subsec. (b)(6). Pub. L. 107–135, § 203(a)(2), redesignated par. (3) as (6). 2001—Subsec. (c). Pub. L. 107–95 added subsec. (c). 1998—Subsec. (b)(1). Pub. L. 105–368, § 1005(b)(2), substituted “October 9, 1996” for “the date of the enactment of this section”. Subsec. (b)(2). Pub. L. 105–368, § 903(a)(1), substituted “April 1, 1999, April 1, 2000, and April 1, 2001” for “April 1, 1997, April 1, 1998, and April 1, 1999”. Subsec. (b)(3). Pub. L. 105–368, § 903(a)(2), added par. (3).
Statutory Notes and Related Subsidiaries
Deadline for Prescribing StandardsPub. L. 105–368, title IX, § 903(b), Nov. 11, 1998, 112 Stat. 3361, provided that: “The standards of job performance required by paragraph (3) of section 1706(b) of title 38, United States Code, as added by subsection (a), shall be prescribed not later than January 1, 1999.”
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# 38 U.S.C. § 1706A - Remediation of medical service lines
## Text
(a) In General.— Not later than 30 days after determining under section 1703(e)(1) of this title that a medical service line of the Department is providing hospital care, medical services, or extended care services that does not comply with the standards for quality established by the Secretary, the Secretary shall submit to Congress an assessment of the factors that led the Secretary to make such determination and a plan with specific actions, and the time to complete them, to be taken to comply with such standards for quality, including the following:
(1) Increasing personnel or temporary personnel assistance, including mobile deployment teams.
(2) Special hiring incentives, including the Education Debt Reduction Program under subchapter VII of chapter 76 of this title and recruitment, relocation, and retention incentives.
(3) Utilizing direct hiring authority.
(4) Providing improved training opportunities for staff.
(5) Acquiring improved equipment.
(6) Making structural modifications to the facility used by the medical service line.
(7) Such other actions as the Secretary considers appropriate.
(b) Responsible Parties.— In each assessment submitted under subsection (a) with respect to a medical service line, the Secretary shall identify the individuals at the Central Office of the Veterans Health Administration, the facility used by the medical service line, and the central office of the relevant Veterans Integrated Service Network who are responsible for overseeing the progress of that medical service line in complying with the standards for quality established by the Secretary.
(c) Interim Reports.— Not later than 180 days after submitting an assessment under subsection (a) with respect to a medical service line, the Secretary shall submit to Congress a report on the progress of that medical service line in complying with the standards for quality established by the Secretary and any other measures the Secretary will take to assist the medical service line in complying with such standards for quality.
(d) Annual Reports.— Not less frequently than once each year, the Secretary shall—
(1) submit to Congress an analysis of the remediation actions and costs of such actions taken with respect to each medical service line with respect to which the Secretary submitted an assessment and plan under subsection (a) in the preceding year, including an update on the progress of each such medical service line in complying with the standards for quality and timeliness established by the Secretary and any other actions the Secretary is undertaking to assist the medical service line in complying with standards for quality as established by the Secretary; and
(2) publish such analysis on the internet website of the Department.
(Added Pub. L. 115–182, title I, § 109(a), June 6, 2018, 132 Stat. 1417; amended Pub. L. 115–251, title II, § 211(a)(6), Sept. 29, 2018, 132 Stat. 3175.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115–251, § 211(a)(6)(A), inserted “of this title” after “section 1703(e)(1)” in introductory provisions. Subsec. (d)(1). Pub. L. 115–251, § 211(a)(6)(B), substituted “subsection (a)” for “paragraph (1)”.
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chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1707"
citation: "38 U.S.C. § 1707"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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---
# 38 U.S.C. § 1707 - Limitations
## Text
(a) Funds appropriated to carry out this chapter may not be used for purposes that are inconsistent with the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.).
(b) The Secretary may furnish sensori-neural aids only in accordance with guidelines prescribed by the Secretary.
(Added Pub. L. 105–12, § 9(i)(1), Apr. 30, 1997, 111 Stat. 27; amended Pub. L. 107–135, title II, § 208(a)(2), (f)(2), Jan. 23, 2002, 115 Stat. 2462, 2464; Pub. L. 107–330, title III, § 308(g)(5), Dec. 6, 2002, 116 Stat. 2829.)
## Notes
Editorial Notes
References in TextThe Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (a), is Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (§ 14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of Title 42.
Amendments2002—Pub. L. 107–135, § 208(f)(2), substituted “Limitations” for “Restriction on use of funds for assisted suicide, euthanasia, or mercy killing” as section catchline. Pub. L. 107–135, § 208(a)(2), designated existing provisions as subsec. (a) and added subsec. (b). Subsec. (a). Pub. L. 107–330 inserted “(42 U.S.C. 14401 et seq.)” before period at end.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as a note under section 14401 of Title 42, The Public Health and Welfare.
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# 38 U.S.C. § 1708 - Temporary lodging
## Text
(a) The Secretary may furnish persons described in subsection (b) with temporary lodging in a Fisher house or other appropriate facility in connection with the examination, treatment, or care of a veteran under this chapter or, as provided for under subsection (e)(5), in connection with benefits administered under this title.
(b) Persons to whom the Secretary may provide lodging under subsection (a) are the following:
(1) A veteran who must travel a significant distance to receive care or services under this title.
(2) A member of the family of a veteran and others who accompany a veteran and provide the equivalent of familial support for such veteran.
(c) In this section, the term “Fisher house” means a housing facility that—
(1) is located at, or in proximity to, a Department medical facility;
(2) is available for residential use on a temporary basis by patients of that facility and others described in subsection (b)(2); and
(3) is constructed by, and donated to the Secretary by, the Zachary and Elizabeth M. Fisher Armed Services Foundation.
(d) The Secretary may establish charges for providing lodging under this section. The proceeds from such charges shall be credited to the medical services account and shall be available until expended for the purposes of providing such lodging.
(e) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include provisions—
(1) limiting the duration of lodging provided under this section;
(2) establishing standards and criteria under which charges are established for such lodging under subsection (d);
(3) establishing criteria for persons considered to be accompanying a veteran under subsection (b)(2);
(4) establishing criteria for the use of the premises of temporary lodging facilities under this section; and
(5) establishing any other limitations, conditions, and priorities that the Secretary considers appropriate with respect to lodging under this section.
(Added Pub. L. 106–419, title II, § 221(a), Nov. 1, 2000, 114 Stat. 1844; amended Pub. L. 110–387, title IX, § 901(a)(8), Oct. 10, 2008, 122 Stat. 4142.)
## Notes
Editorial Notes
Amendments2008—Subsec. (d). Pub. L. 110–387 substituted “medical services account” for “medical care account”.
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# 38 U.S.C. § 1709 - Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents
## Text
(a) Policy Required.— (1) Not later than September 30, 2012, the Secretary shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including—
(A) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction;
(B) criminal and purposefully unsafe acts;
(C) alcohol or substance abuse related acts (including by employees of the Department); and
(D) any kind of event involving alleged or suspected abuse of a patient.
(2) In developing and implementing a policy under paragraph (1), the Secretary shall consider the effects of such policy on—
(A) the use by veterans of mental health care and substance abuse treatments; and
(B) the ability of the Department to refer veterans to such care or treatment.
(b) Scope.— The policy required by subsection (a) shall cover each of the following:
(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms—
(A) “safety incident”;
(B) “sexual assault”; and
(C) “sexual assault incident”.
(2) (A) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to—
(i) the legal history of the veteran; and
(ii) the medical record of the veteran.
(B) In developing and using tools under subparagraph (A), the Secretary shall consider the effects of using such tools on the use by veterans of health care furnished by the Department.
(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance.
(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer-based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms.
(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to—
(A) supervisory personnel of the employee at—
(i) a medical facility of the Department;
(ii) an office of a Veterans Integrated Service Network; and
(iii) the central office of the Veterans Health Administration; and
(B) a law enforcement official of the Department.
(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold prescribed under sections 901 and 902 of this title.
(7) An accountable oversight system within the Veterans Health Administration that includes—
(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and
(B) a centralized reporting, tracking, and monitoring system for such incidents.
(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents.
(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault.
(c) Updates to Policy.— The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices.
(d) Annual Report.— (1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a) and not later than October 1 of each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of the policy.
(2) The report required by paragraph (1) shall include—
(A) the number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department;
(B) a detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year; and
(C) the effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness.
(Added Pub. L. 112–154, title I, § 106(a), Aug. 6, 2012, 126 Stat. 1171.)
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# 38 U.S.C. § 1709A - Teleconsultation
## Text
(a) Teleconsultation.— (1) The Secretary shall carry out an initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments in facilities of the Department that are not otherwise able to provide such assessments without contracting with third-party providers or reimbursing providers through a fee basis system.
(2) The Secretary shall, in consultation with appropriate professional societies, promulgate technical and clinical care standards for the use of teleconsultation services within facilities of the Department.
(3) In carrying out an initiative under paragraph (1), the Secretary shall ensure that facilities of the Department are able to provide a mental health or traumatic brain injury assessment to a veteran through contracting with a third-party provider or reimbursing a provider through a fee basis system when—
(A) such facilities are not able to provide such assessment to the veteran without—
(i) such contracting or reimbursement; or
(ii) teleconsultation; and
(B) providing such assessment with such contracting or reimbursement is more clinically appropriate for the veteran than providing such assessment with teleconsultation.
(b) Teleconsultation Defined.— In this section, the term “teleconsultation” means the use by a health care specialist of telecommunications to assist another health care provider in rendering a diagnosis or treatment.
(Added Pub. L. 112–154, title I, § 108(a)(1), Aug. 6, 2012, 126 Stat. 1174.)
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# 38 U.S.C. § 1709C - Assistance for child care for certain veterans receiving health care
## Text
(a) Program Required.— The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c)(2).
(b) Limitation on Period of Payments.— Assistance may be provided to a qualified veteran under this section for receipt of child care only during the period that the qualified veteran—
(1) receives the types of health care services described in subsection (c)(2) at a facility of the Department; and
(2) requires travel to and return from such facility for the receipt of such health care services.
(c) Qualified Veterans.— For purposes of this section, a qualified veteran is a veteran who—
(1) is the primary caretaker of a child or children; and
(2) (A) receives from the Department—
(i) regular mental health care services;
(ii) intensive mental health care services; or
(iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or
(B) is in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department.
(d) Locations.— Not later than five years after the date of the enactment of the Deborah Sampson Act of 2020, the Secretary shall carry out the program at each medical center of the Department.
(e) Forms of Child Care Assistance.— (1) Child care assistance under this section may include the following:
(A) Stipends for the payment of child care offered by a licensed child care center (either directly or through a voucher program) that shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552).
(B) Direct provision of child care at an on-site facility of the Department.
(C) Payments to private child care agencies.
(D) Collaboration with facilities or programs of other Federal agencies.
(E) Such other forms of assistance as the Secretary considers appropriate.
(2) In providing child care assistance under this section, the child care needs of the local area shall be considered and the head of each medical center may select the type of care that is most appropriate or feasible for such medical center.
(3) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.
(Added Pub. L. 116–315, title V, § 5107(a)(1), Jan. 5, 2021, 134 Stat. 5030.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Deborah Sampson Act of 2020, referred to in subsec. (d), is the date of enactment of title V of Pub. L. 116–315, which was approved Jan. 5, 2021. Section 630 of the Treasury and General Government Appropriations Act, 2002, referred to in subsec. (e)(1)(A), is section 630 of Pub. L. 107–67, Nov. 12, 2001, 115 Stat. 552, which was classified to section 490b–1 of former Title 40, Public Buildings, Property, and Works, and was repealed and restated as section 590(g) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1118, 1327.
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# 38 U.S.C. § 1710A - Required nursing home care
## Text
(a) The Secretary (subject to section 1710(a)(4) of this title) shall provide nursing home care which the Secretary determines is needed (1) to any veteran in need of such care for a service-connected disability, and (2) to any veteran who is in need of such care and who has a service-connected disability rated at 70 percent or more.
(b) (1) The Secretary shall ensure that a veteran described in subsection (a) who continues to need nursing home care is not, after placement in a Department nursing home, transferred from the facility without the consent of the veteran, or, in the event the veteran cannot provide informed consent, the representative of the veteran.
(2) Nothing in subsection (a) may be construed as authorizing or requiring that a veteran who is receiving nursing home care in a Department nursing home on the date of the enactment of this section be displaced, transferred, or discharged from the facility.
(c) The Secretary shall ensure that nursing home care provided under subsection (a) is provided in an age-appropriate manner.
(d) The provisions of subsection (a) shall terminate on September 30, 2026.
(Added Pub. L. 106–117, title I, § 101(a)(1), Nov. 30, 1999, 113 Stat. 1547; amended Pub. L. 106–419, title II, § 224(a), Nov. 1, 2000, 114 Stat. 1846; Pub. L. 108–170, title I, § 106(b), Dec. 6, 2003, 117 Stat. 2046; Pub. L. 110–181, div. A, title XVII, § 1706(b), Jan. 28, 2008, 122 Stat. 493; Pub. L. 110–387, title VIII, § 805, Oct. 10, 2008, 122 Stat. 4141; Pub. L. 113–59, § 8, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title I, § 101, Sept. 26, 2014, 128 Stat. 1902; Pub. L. 114–58, title I, § 102, Sept. 30, 2015, 129 Stat. 532; Pub. L. 114–228, title I, § 102, Sept. 29, 2016, 130 Stat. 937; Pub. L. 115–62, title I, § 102, Sept. 29, 2017, 131 Stat. 1161; Pub. L. 115–251, title I, § 102, Sept. 29, 2018, 132 Stat. 3168; Pub. L. 116–159, div. E, title I, § 5102, Oct. 1, 2020, 134 Stat. 748; Pub. L. 117–180, div. E, title I, § 102, Sept. 30, 2022, 136 Stat. 2136; Pub. L. 118–83, div. B, title III, § 302, Sept. 26, 2024, 138 Stat. 1539; Pub. L. 119–37, div. G, title I, § 7102, Nov. 12, 2025, 139 Stat. 649.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999.
Amendments2025—Subsec. (d). Pub. L. 119–37 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (d). Pub. L. 118–83 substituted “September 30, 2025” for “September 30, 2024”. 2022—Subsec. (d). Pub. L. 117–180 substituted “September 30, 2024” for “September 30, 2022”. 2020—Subsec. (d). Pub. L. 116–159 substituted “September 30, 2022” for “September 30, 2020”. 2018—Subsec. (d). Pub. L. 115–251 substituted “September 30, 2020” for “September 30, 2019”. 2017—Subsec. (d). Pub. L. 115–62 substituted “September 30, 2019” for “December 31, 2017”. 2016—Subsec. (d). Pub. L. 114–228 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (d). Pub. L. 114–58 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (d). Pub. L. 113–175 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (d). Pub. L. 113–59 substituted “December 31, 2014” for “December 31, 2013”. 2008—Subsec. (c). Pub. L. 110–181 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 110–387 substituted “December 31, 2013” for “December 31, 2008”. Pub. L. 110–181 redesignated former subsec. (c) as (d). 2003—Subsec. (c). Pub. L. 108–170 substituted “December 31, 2008” for “December 31, 2003”. 2000—Subsec. (a). Pub. L. 106–419 inserted “(subject to section 1710(a)(4) of this title)” after “The Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.
Finding Related to Age-Appropriate Nursing Home CarePub. L. 110–181, div. A, title XVII, § 1706(a), Jan. 28, 2008, 122 Stat. 493, provided that: “Congress finds that young veterans who are injured or disabled through military service and require long-term care should have access to age-appropriate nursing home care.”
Report to Congressional CommitteesPub. L. 106–117, title I, § 101(i), Nov. 30, 1999, 113 Stat. 1550, required the Secretary of Veterans Affairs to submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the operation of section 101 of Pub. L. 106–117 not later than January 1, 2003.
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# 38 U.S.C. § 1710D - Traumatic brain injury: comprehensive program for long-term rehabilitation
## Text
(a) Comprehensive Program.— In developing plans for the rehabilitation and reintegration of individuals with traumatic brain injury under section 1710C of this title, the Secretary shall develop and carry out a comprehensive program of long-term care and rehabilitative services (as defined in section 1710C of this title) for post-acute traumatic brain injury rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary teams.
(b) Location of Program.— The Secretary shall carry out the program developed under subsection (a) in each Department polytrauma rehabilitation center designated by the Secretary.
(c) Eligibility.— A veteran is eligible for care under the program developed under subsection (a) if the veteran is otherwise eligible to receive hospital care and medical services under section 1710 of this title and—
(1) served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities after November 11, 1998;
(2) is diagnosed as suffering from moderate to severe traumatic brain injury; and
(3) is unable to manage routine activities of daily living without supervision or assistance, as determined by the Secretary.
(d) Report.— Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report containing the following information:
(1) A description of the operation of the program.
(2) The number of veterans provided care under the program during the year preceding such report.
(3) The cost of operating the program during the year preceding such report.
(Added Pub. L. 110–181, div. A, title XVII, § 1702(a), Jan. 28, 2008, 122 Stat. 488; amended Pub. L. 112–154, title I, § 107(b), Aug. 6, 2012, 126 Stat. 1173; Pub. L. 114–58, title VI, § 601(5), Sept. 30, 2015, 129 Stat. 538.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008.
Amendments2015—Subsec. (c)(1). Pub. L. 114–58 struck out “(as defined in section 1712A(a)(2)(B) of this title)” after “hostilities”. 2012—Subsec. (a). Pub. L. 112–154 inserted “and rehabilitative services (as defined in section 1710C of this title)” after “long-term care” and struck out “treatment” before “teams”.
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---
# 38 U.S.C. § 1710E - Traumatic brain injury: use of non-Department facilities for rehabilitation
## Text
(a) Cooperative Agreements.— The Secretary, in implementing and carrying out a plan developed under section 1710C of this title, may provide hospital care and medical services, including rehabilitative services (as defined in section 1710C of this title), through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.
(b) Covered Individuals.— The care and services provided under subsection (a) shall be made available to an individual—
(1) who is described in section 1710C(a) of this title; and
(2) (A) to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or
(B) for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation for such individual.
(c) Authorities of State Protection and Advocacy Systems.— Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 shall be construed as preventing a State protection and advocacy system (as defined in section 1710C(g) of this title) from exercising the authorities described in such subtitle with respect to individuals provided rehabilitative treatment or services under section 1710C of this title in a non-Department facility.
(d) Standards.— The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.
(Added Pub. L. 110–181, div. A, title XVII, § 1703(a), Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111–163, title V, § 509, May 5, 2010, 124 Stat. 1162; Pub. L. 112–154, title I, § 107(c), Aug. 6, 2012, 126 Stat. 1173.)
## Notes
Editorial Notes
References in TextThe Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.
Amendments2012—Subsec. (a). Pub. L. 112–154, § 107(c), inserted “, including rehabilitative services (as defined in section 1710C of this title),” after “medical services”. 2010—Subsecs. (b) to (d). Pub. L. 111–163 added subsecs. (b) and (d) and redesignated former subsec. (b) as (c).
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# 38 U.S.C. § 1711 - Care during examinations and in emergencies
## Text
(a) The Secretary may furnish hospital care incident to physical examinations where such examinations are necessary in carrying out the provisions of other laws administered by the Secretary.
[(b) Repealed. Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.]
(c) (1) The Secretary may contract with any organization named in, or approved by the Secretary under, section 5902 of this title to provide for the furnishing by the Secretary, on a reimbursable basis (as prescribed by the Secretary), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under this chapter for medical services.
(2) The authority of the Secretary to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 611; Pub. L. 94–581, title II, §§ 202(e), 210(a)(2), Oct. 21, 1976, 90 Stat. 2856, 2862; Pub. L. 96–22, title II, § 202, June 13, 1979, 93 Stat. 54; Pub. L. 96–128, title V, § 501(a), Nov. 28, 1979, 93 Stat. 987; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1711 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1711 was renumbered section 3511 of this title.
Amendments2002—Subsec. (b). Pub. L. 107–135 struck out subsec. (b) which read as follows: “The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care at rates prescribed by the Secretary.” 1991—Pub. L. 102–83, § 5(a), renumbered section 611 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (c)(1). Pub. L. 102–40 substituted “5902” for “3402”. 1979—Subsec. (c). Pub. L. 96–22 added subsec. (c). Subsec. (c)(1). Pub. L. 96–128 substituted “named in, or approved by the Administrator under,” for “recognized by the Administrator for the purposes of”. 1976—Pub. L. 94–581, § 202(e)(1), substituted “Care” for “Hospitalization” in section catchline. Subsec. (a). Pub. L. 94–581, § 210(a)(2)(A), substituted “administered by the Administrator” for “administered by him”. Subsec. (b). Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted “hospital care or medical services” for “hospital care”, “the Administrator shall charge” for “he shall charge”, and “prescribed by the Administrator” for “prescribed by him”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 1712B - Counseling for former prisoners of war
## Text
The Secretary may establish a program under which, upon the request of a veteran who is a former prisoner of war, the Secretary, within the limits of Department facilities, furnishes counseling to such veteran to assist such veteran in overcoming the psychological effects of the veteran’s detention or internment as a prisoner of war.
(Added Pub. L. 99–166, title I, § 107(a), Dec. 3, 1985, 99 Stat. 945, § 612B; renumbered § 1712B 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
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 612B of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
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# 38 U.S.C. § 1712C - Dental insurance plan for veterans and survivors and dependents of veterans
## Text
(a) In General.— The Secretary shall establish and administer a dental insurance plan for veterans and survivors and dependents of veterans described in subsection (b).
(b) Covered Veterans and Survivors and Dependents.— The veterans and survivors and dependents of veterans described in this subsection are as follows:
(1) Any veteran who is enrolled in the system of annual patient enrollment under section 1705 of this title.
(2) Any survivor or dependent of a veteran who is eligible for medical care under section 1781 of this title.
(c) Administration.— The Secretary shall contract with a dental insurer to administer the dental insurance plan under this section.
(d) Benefits.— The dental insurance plan under this section shall provide such benefits for dental care and treatment as the Secretary considers appropriate for the dental insurance plan, including diagnostic services, preventative services, endodontics and other restorative services, surgical services, and emergency services.
(e) Enrollment.— (1) Enrollment in the dental insurance plan under this section shall be voluntary.
(2) Enrollment in the dental insurance plan shall be for such minimum period as the Secretary shall prescribe for purposes of this section.
(f) Premiums.— (1) Premiums for coverage under the dental insurance plan under this section shall be in such amount or amounts as the Secretary shall prescribe to cover all costs associated with carrying out this section.
(2) The Secretary shall adjust the premiums payable under this section for coverage under the dental insurance plan on an annual basis. Each individual covered by the dental insurance plan at the time of such an adjustment shall be notified of the amount and effective date of such adjustment.
(3) Each individual covered by the dental insurance plan shall pay the entire premium for coverage under the dental insurance plan, in addition to the full cost of any copayments.
(g) Voluntary Disenrollment.— (1) With respect to enrollment in the dental insurance plan under this section, the Secretary shall—
(A) permit the voluntary disenrollment of an individual in the dental insurance plan if the disenrollment occurs during the 30-day period beginning on the date of the enrollment of the individual in the dental insurance plan; and
(B) permit the voluntary disenrollment of an individual in the dental insurance plan for such circumstances as the Secretary shall prescribe for purposes of this subsection, but only to the extent such disenrollment does not jeopardize the fiscal integrity of the dental insurance plan.
(2) The circumstances prescribed under paragraph (1)(B) shall include the following:
(A) If an individual enrolled in the dental insurance plan relocates to a location outside the jurisdiction of the dental insurance plan that prevents use of the benefits under the dental insurance plan.
(B) If an individual enrolled in the dental insurance plan is prevented by a serious medical condition from being able to obtain benefits under the dental insurance plan.
(C) Such other circumstances as the Secretary shall prescribe for purposes of this subsection.
(3) The Secretary shall establish procedures for determinations on the permissibility of voluntary disenrollments under paragraph (1)(B). Such procedures shall ensure timely determinations on the permissibility of such disenrollments.
(h) Relationship to Dental Care Provided by Secretary.— Nothing in this section shall affect the responsibility of the Secretary to provide dental care under section 1712 of this title, and the participation of an individual in the dental insurance plan under this section shall not affect the entitlement of the individual to outpatient dental services and treatment, and related dental appliances, under such section 1712.
(i) Regulations.— The dental insurance plan under this section shall be administered under such regulations as the Secretary shall prescribe.
(Added Pub. L. 114–218, § 2(a)(1), July 29, 2016, 130 Stat. 842; amended Pub. L. 117–42, § 2, Sept. 30, 2021, 135 Stat. 342.)
## Notes
Editorial Notes
Amendments2021—Subsec. (j). Pub. L. 117–42 struck out subsec. (j). Text read as follows: “This section terminates on December 31, 2021.”
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# 38 U.S.C. § 1713 - Renumbered § 1781]
## Notes
Editorial Notes
Prior ProvisionsA prior section 1713 was renumbered section 3513 of this title.
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# 38 U.S.C. § 1715 - Tobacco for hospitalized veterans
## Text
The Secretary may furnish tobacco to veterans receiving hospital or domiciliary care.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 615; renumbered § 1715 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 615 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Use of Tobacco Products in Department of Veterans Affairs FacilitiesPub. L. 102–585, title V, § 526, Nov. 4, 1992, 106 Stat. 4961, provided that: “(a) In General.—The Secretary of Veterans Affairs shall take appropriate actions to ensure that, consistent with medical requirements and limitations, each facility of the Department described in subsection (b)—“(1) establishes and maintains—“(A) a suitable indoor area in which patients or residents may smoke and which is ventilated in a manner that, to the maximum extent feasible, prevents smoke from entering other areas of the facility; or “(B) an area in a building that—“(i) is detached from the facility; “(ii) is accessible to patients or residents of the facility; and “(iii) has appropriate heating and air conditioning; and “(2) provides access to an area established and maintained under paragraph (1), consistent with medical requirements and limitations, for patients or residents of the facility who are receiving care or services and who desire to smoke tobacco products. “(b) Covered Facilities.—A Department facility referred to in subsection (a) is any Department of Veterans Affairs medical center, nursing home, or domiciliary care facility. “(c) Reports.—(1) Not later than 180 days after the date of the enactment of this Act [Nov. 4, 1992], the Comptroller General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the feasibility of the establishment and maintenance of areas for smoking in Department facilities under this section. The report shall include information on—“(A) the cost of, and a proposed schedule for, the establishment of such an area at each Department facility covered by this section; “(B) the extent to which the ventilating system of each facility is adequate to ensure that use of the area for smoking does not result in health problems for other patients or residents of the facility; and “(C) the effect of the establishment and maintenance of an area for smoking in each facility on the accreditation score issued for the facility by the Joint Commission on the Accreditation of Health Organizations. “(2) Not later than 120 days after the effective date of this section, the Secretary shall submit to the committees referred to in paragraph (1) a report on the implementation of this section. The report shall include a description of the actions taken at each covered facility to ensure compliance with this section. “(d) Effective Date.—The requirement to establish and maintain areas for smoking under subsection (a) shall take effect 60 days after the date on which the Comptroller General submits to the committees referred to in subsection (c)(1) that report required under that subsection.”
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# 38 U.S.C. § 1716 - Hospital care by other agencies of the United States
## Text
When so specified in an appropriation or other Act, the Secretary may make allotments and transfers to the Departments of Health and Human Services (Public Health Service), the Army, Navy, Air Force, or Interior, for disbursement by them under the various headings of their appropriations, of such amounts as are necessary for the care and treatment of veterans entitled to hospitalization from the Department under this chapter. The amounts to be charged the Department for care and treatment of veterans in hospitals shall be calculated on the basis of a per diem rate approved by the Office of Management and Budget.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 616; Pub. L. 94–581, title II, § 202(g), Oct. 21, 1976, 90 Stat. 2856; Pub. L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered § 1716 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
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 616 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. 1982—Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare”. 1976—Pub. L. 94–581 substituted “Office of Management and Budget” for “Bureau of the Budget”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
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title: "38 U.S.C. § 1717"
description: "Home health services; invalid lifts and other devices"
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# 38 U.S.C. § 1717 - Home health services; invalid lifts and other devices
## Text
(a) (1) As part of medical services furnished to a veteran under section 1710(a) of this title, the Secretary may furnish such home health services as the Secretary finds to be necessary or appropriate for the effective and economical treatment of the veteran.
(2) Improvements and structural alterations may be furnished as part of such home health services only as necessary to assure the continuation of treatment for the veteran’s disability or to provide access to the home or to essential lavatory and sanitary facilities. The cost of such improvements and structural alterations (or the amount of reimbursement therefor) under this subsection may not exceed—
(A) in the case of medical services furnished under section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title—
(i) in the case of a veteran who first applies for benefits under this paragraph before May 5, 2010, $4,100; or
(ii) in the case of a veteran who first applies for benefits under this paragraph on or after May 5, 2010, $6,800; and
(B) in the case of medical services furnished under any other provision of section 1710(a) of this title—
(i) in the case of a veteran who first applies for benefits under this paragraph before May 5, 2010, $1,200; or
(ii) in the case of a veteran who first applies for benefits under this paragraph on or after May 5, 2010, $2,000.
(3) The Secretary may furnish home health services to a veteran in any setting in which the veteran is residing. The Secretary may not furnish such services in such a manner as to relieve any other person or entity of a contractual obligation to furnish services to the veteran. When home health services are furnished in a setting other than the veteran’s home, such services may not include any structural improvement or alteration.
(b) The Secretary may furnish an invalid lift, or any type of therapeutic or rehabilitative device, as well as other medical equipment and supplies (excluding medicines), if medically indicated, to any veteran who is receiving (1) compensation under section 1114(l)–(p) of this title (or the comparable rates provided pursuant to section 1134 of this title), or (2) pension under chapter 15 of this title by reason of being in need of regular aid and attendance.
(c) The Secretary may furnish devices for assisting in overcoming the handicap of deafness (including telecaptioning television decoders) to any veteran who is profoundly deaf and is entitled to compensation on account of hearing impairment.
(d) (1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability.
(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.
(Added Pub. L. 86–211, § 5, Aug. 29, 1959, 73 Stat. 435, § 617; amended Pub. L. 88–450, § 6(a), (c), Aug. 19, 1964, 78 Stat. 504; Pub. L. 90–77, title I, § 109, Aug. 31, 1967, 81 Stat. 180; Pub. L. 90–493, § 3(a), Aug. 19, 1968, 82 Stat. 809; Pub. L. 97–295, § 4(18), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 98–528, title I, § 107, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 99–576, title II, § 202(2), Oct. 28, 1986, 100 Stat. 3254; Pub. L. 100–322, title I, § 101(d), May 20, 1988, 102 Stat. 491; renumbered § 1717 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–405, title I, § 101(a), Oct. 9, 1992, 106 Stat. 1973; Pub. L. 104–262, title I, § 101(d)(6), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 105–114, title IV, § 402(b), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 110–289, div. B, title VI, § 2601, July 30, 2008, 122 Stat. 2858; Pub. L. 111–163, title V, § 516(a), May 5, 2010, 124 Stat. 1166; Pub. L. 111–275, title X, § 1001(c)(1), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 116–283, div. A, title IX, § 926(a)(24), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2010—Subsec. (a)(2)(A), (B). Pub. L. 111–275 substituted “May 5, 2010” for “the date of the Caregivers and Veterans Omnibus Health Services Act of 2010” wherever appearing. Pub. L. 111–163 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) $4,100 in the case of medical services furnished under section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title; or “(B) $1,200 in the case of medical services furnished under any other provision of section 1710(a) of this title.” 2008—Subsec. (d). Pub. L. 110–289 added subsec. (d). 1997—Subsec. (a)(1). Pub. L. 105–114, § 402(b)(1), substituted “treatment of the veteran” for “treatment of the veteran’s disability”. Subsec. (a)(2)(B). Pub. L. 105–114, § 402(b)(2), substituted “section 1710(a)” for “section 1710(a)(2)”. 1996—Subsec. (a)(1). Pub. L. 104–262, § 101(d)(6)(A), substituted “section 1710(a)” for “section 1712(a)”. Subsec. (a)(2)(A). Pub. L. 104–262, § 101(d)(6)(B)(i), substituted “section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title” for “paragraph (1) of section 1712(a) of this title”. Subsec. (a)(2)(B). Pub. L. 104–262, § 101(d)(6)(B)(ii), substituted “section 1710(a)(2)” for “section 1712”. 1992—Subsec. (a)(2). Pub. L. 102–405 substituted “$4,100” for “$2,500” in subpar. (A) and “$1,200” for “$600” in subpar. (B). 1991—Pub. L. 102–83, § 5(a), renumbered section 617 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1712(a)” for “612(a)” in pars. (1) and (2)(A) and “1712” for “612” in par. (2)(B). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in pars. (1) and (3). Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1114(l)–(p)” for “314(l)–(p)” and “1134” for “334”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1988—Pub. L. 100–322, § 101(d)(3), substituted “Home health services; invalid” for “Invalid” in section catchline. Subsec. (a). Pub. L. 100–322, § 101(d)(1)(B), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (a)(3). Pub. L. 100–322, § 101(d)(2), transferred subsec. (k) of section 612 of this title to subsec. (a) of this section and redesignated it as par. (3). Subsecs. (b), (c). Pub. L. 100–322, § 101(d)(1)(A), redesignated subsecs. (a) and (b) as (b) and (c), respectively. 1986—Subsec. (a)(3) [formerly § 612(k)]. Pub. L. 99–576 added subsec. (k). See 1988 Amendment note above. 1984—Pub. L. 98–528 designated existing provision as subsec. (a) and added subsec. (b). 1982—Pub. L. 97–295 substituted “section 314(l)–(p) of this title (or the comparable rates provided pursuant to section 334 of this title)” for “subsections 314(l)–(p) (or the comparable rates provided pursuant to section 334) of this title”. 1968—Pub. L. 90–493 substituted “Invalid lifts and other devices” for “Invalid lifts and other devices for pensioners” in section catchline, and inserted provisions authorizing the Administrator to furnish lifts and other devices to any veteran who is receiving compensation under subsections 314(l)–(p) (or the comparable rates provided pursuant to section 334) of this title. 1967—Subsec. (b). Pub. L. 90–77 substituted “to any veteran in receipt of pension under chapter 15 of this title based on need of regular aid and attendance” for “to any veteran who is eligible to receive an invalid lift under subsection (a) of this section, or who would be so eligible, but for the fact that he has such a lift”. 1964—Pub. L. 88–450 inserted “and other devices” in section catchline, designated existing provisions of section as subsec. (a), and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPub. L. 102–405, title I, § 101(b), Oct. 9, 1992, 106 Stat. 1973, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to a veteran who first applies for benefits under section 1717(a)(2) of title 38, United States Code, after December 31, 1989.”
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–322 applicable with respect to furnishing of medical services to veterans who apply for such services after June 30, 1988, see section 101(i) of Pub. L. 100–322, set out as a note under section 1703 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
Effective DateSection effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as an Effective Date of 1959 Amendment note under section 1521 of this title.
Applicability of Increase in Grant LimitsPub. L. 111–163, title V, § 516(b), May 5, 2010, 124 Stat. 1167, provided that: “A veteran who exhausts such veteran’s eligibility for benefits under section 1717(a)(2) of such title [probably means 38 U.S.C. 1717(a)(2)] before the date of the enactment of this Act [May 5, 2010], is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].” Pub. L. 102–405, title I, § 101(c), Oct. 9, 1992, 106 Stat. 1973, provided that: “A veteran who exhausts such veteran’s eligibility for benefits under section 1717(a)(2) of title 38, United States Code, before January 1, 1990, is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].”
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title: "38 U.S.C. § 1719"
description: "Repair or replacement of certain prosthetic and other appliances"
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title_name: "VETERANS’ BENEFITS"
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# 38 U.S.C. § 1719 - Repair or replacement of certain prosthetic and other appliances
## Text
The Secretary may repair or replace any artificial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appliances) reasonably necessary to a veteran and belonging to such veteran which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation.
(Added Pub. L. 87–850, § 1(a), Oct. 23, 1962, 76 Stat. 1126, § 619; amended Pub. L. 94–581, title II, § 210(a)(6), Oct. 21, 1976, 90 Stat. 2862; renumbered § 1719 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 619 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1976—Pub. L. 94–581 substituted “belonging to such veteran” for “belonging to him”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective DatePub. L. 87–850, § 2, Oct. 23, 1962, 76 Stat. 1126, provided that: “The amendment made by this Act [enacting this section] shall apply only with respect to the repair or replacement of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or destroyed after the date of enactment of this Act [Oct. 23, 1962].”
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# 38 U.S.C. § 1720B - Respite care
## Text
(a) The Secretary may furnish respite care services to a veteran who is enrolled to receive care under section 1710 of this title.
(b) For the purpose of this section, the term “respite care services” means care and services which—
(1) are of limited duration;
(2) are furnished on an intermittent basis to a veteran who is suffering from a chronic illness and who resides primarily at home; and
(3) are furnished for the purpose of helping the veteran to continue residing primarily at home.
(c) In furnishing respite care services, the Secretary may enter into contract arrangements.
(Added Pub. L. 99–576, title II, § 201(a)(1), Oct. 28, 1986, 100 Stat. 3254, § 620B; amended Pub. L. 101–237, title II, § 201(a), Dec. 18, 1989, 103 Stat. 2066; renumbered § 1720B and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 502, Nov. 4, 1992, 106 Stat. 4955; Pub. L. 106–117, title I, § 101(e), Nov. 30, 1999, 113 Stat. 1549.)
## Notes
Editorial Notes
Amendments1999—Subsec. (a). Pub. L. 106–117, § 101(e)(1), substituted “enrolled” for “eligible”. Subsec. (b). Pub. L. 106–117, § 101(e)(2), in introductory provisions, substituted “the term ‘respite care services’ means care and services” for “the term ‘respite care’ means hospital or nursing home care”, in par. (1) substituted “are” for “is”, in par. (2) substituted “are” for “is” and struck out “in a Department facility” after “furnished”, and in par. (3) substituted “are” for “is”. Subsec. (c). Pub. L. 106–117, § 101(e)(3), added subsec. (c). 1992—Subsec. (c). Pub. L. 102–585 struck out subsec. (c) which read as follows: “The authority provided by this section terminates on September 30, 1992.” 1991—Pub. L. 102–83, § 5(a), renumbered section 620B of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1710” for “610”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. 1989—Subsec. (c). Pub. L. 101–237 substituted “September 30, 1992” for “September 30, 1989”.
Statutory Notes and Related Subsidiaries
Ratification of Actions of Secretary of Veterans Affairs During Transition PeriodsPub. L. 101–237, title VI, § 604, Dec. 18, 1989, 103 Stat. 2097, ratified actions of the Secretary of Veterans Affairs in carrying out this section, section 115 of Pub. L. 100–322 [38 U.S.C. 1712 note], section 618 of Pub. L. 100–440 [5 U.S.C. 6302 note], or section 1829 [now 3729] of this title, by contract or otherwise, during the period beginning Dec. 1, 1989, and ending Dec. 18, 1989. Pub. L. 101–110, § 3(b), Oct. 6, 1989, 103 Stat. 682, ratified actions of the Secretary of Veterans Affairs in carrying out this section, section 115 of Pub. L. 100–322 [38 U.S.C. 1712 note], section 618 of Pub. L. 100–440 [5 U.S.C. 6302 note], or section 1829 [now 3729] of this title, by contract or otherwise, during the period beginning Oct. 1, 1989, and ending Oct. 6, 1989.
Interim Extension of Respite Care ProgramPub. L. 101–110, § 1(a), Oct. 6, 1989, 103 Stat. 682, provided that: “Notwithstanding the provisions of subsection (c) of section 620B [now 1720B] of title 38, United States Code, the authority provided by such section shall terminate on November 30, 1989.”
ReportPub. L. 99–576, title II, § 201(b), Oct. 28, 1986, 100 Stat. 3254, provided that if the Administrator of Veterans’ Affairs furnished respite care under this section, the Administrator was to conduct an evaluation of the health efficacy and cost-effectiveness of furnishing such care and submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives not later than Feb. 1, 1989, a report containing the results of such evaluation and appropriate recommendations.
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# 38 U.S.C. § 1720C - Noninstitutional alternatives to nursing home care
## Text
(a) The Secretary may furnish medical, rehabilitative, and health-related services in noninstitutional settings for veterans who are eligible under this chapter for, and are in need of, nursing home care. The Secretary shall give priority for participation in such program to veterans who—
(1) are in receipt of, or are in need of, nursing home care primarily for the treatment of a service-connected disability; or
(2) have a service-connected disability rated at 50 percent or more.
(b) (1) Under the program conducted pursuant to subsection (a), the Secretary shall (A) furnish appropriate health-related services solely through contracts with appropriate public and private agencies that provide such services, and (B) designate Department health-care employees to furnish case management services to veteran furnished services under the program.
(2) For the purposes of paragraph (1), the term “case management services” includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly or through contract, including assessment of needs, planning, referral (including referral for services to be furnished by the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup.
(c) The Secretary may provide in-kind assistance (through the services of Department of Veterans Affairs employees and the sharing of other Department resources) to a facility furnishing services to veterans under subsection (b)(1)(A). Any such in-kind assistance shall be provided under a contract between the Department and the facility concerned. The Secretary may provide such assistance only for use solely in the furnishing of appropriate services under this section and only if, under such contract, the Department receives reimbursement for the full cost of such assistance (including the cost of services and supplies and normal depreciation and amortization of equipment). Such reimbursement may be made by reduction in the charges to the United States or by payment to the United States. Any funds received through such reimbursement shall be credited to funds allotted to the Department facility that provided the assistance.
(d) (1) Except as provided in paragraph (2), the total cost of providing services or in-kind assistance in the case of any veteran for any fiscal year under the program may not exceed 100 percent of the cost that would have been incurred by the Department during that fiscal year if the veteran had been furnished, instead, nursing home care under section 1710 of this title during that fiscal year.
(2) (A) The total cost of providing services or in-kind assistance in the case of any veteran described in subparagraph (B) for any fiscal year under the program may exceed 100 percent of the cost that would otherwise have been incurred as specified in paragraph (1) if the Secretary determines, based on a consideration of clinical need, geographic market factors, and such other matters as the Secretary may prescribe through regulation, that such higher total cost is in the best interest of the veteran.
(B) A veteran described in this subparagraph is a veteran with amyotrophic lateral sclerosis, a spinal cord injury, or a condition the Secretary determines to be similar to such conditions.
(e) The authority of the Secretary to enter into contracts under this section shall be effective for any fiscal year only to the extent that appropriations are available.
(f) In furnishing services to a veteran under the program conducted pursuant to subsection (a), if a medical center of the Department through which such program is administered is located in a geographic area in which services are available to the veteran under a PACE program (as such term is defined in sections 1894(a)(2) and 1934(a)(2) of the Social Security Act (42 U.S.C. 1395eee(a)(2); 1396u–4(a)(2))), the Secretary shall seek to enter into an agreement with the PACE program operating in that area for the furnishing of such services.
(Added Pub. L. 101–366, title II, § 201(a)(1), Aug. 15, 1990, 104 Stat. 437, § 620C; renumbered § 1720C and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–452, title I, § 103(c), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104–110, title I, § 101(c), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105–114, title II, § 206(a)–(b)(2), Nov. 21, 1997, 111 Stat. 2289; Pub. L. 118–210, title I, §§ 120(a), 121, Jan. 2, 2025, 138 Stat. 2723, 2724.)
## Notes
Editorial Notes
Amendments2025—Subsec. (d). Pub. L. 118–210, § 120(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the total cost” for “The total cost” and “100 percent” for “65 percent”, and added par. (2). Subsec. (f). Pub. L. 118–210, § 121, added subsec. (f). 1997—Pub. L. 105–114, § 206(b)(2), struck out “: pilot program” after “home care” in section catchline. Subsec. (a). Pub. L. 105–114, § 206(a), substituted “The Secretary may furnish” for “During the period through December 31, 1997, the Secretary may conduct a pilot program for the furnishing of”. Subsec. (b)(1). Pub. L. 105–114, § 206(b)(1), substituted “Under the program” for “Under the pilot program”. Subsec. (d). Pub. L. 105–114, § 206(b)(1), substituted “under the program” for “under the pilot program”. 1996—Subsec. (a). Pub. L. 104–110 substituted “December 31, 1997” for “September 30, 1995” in introductory provisions. 1994—Subsec. (a). Pub. L. 103–452, in introductory provisions, substituted “During the period through September 30, 1995,” for “During the four-year period beginning on October 1, 1990,” and “care. The Secretary shall give priority for participation in such program to veterans who” for “care and who”. 1991—Pub. L. 102–83, § 5(a), renumbered section 620C of this title as this section. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1710” for “610”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 118–210, title I, § 120(b), Jan. 2, 2025, 138 Stat. 2724, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning on or after the date of the enactment of this Act [Jan. 2, 2025].”
Effective Date of 1994 AmendmentPub. L. 103–452, title I, § 103(c)(1), Nov. 2, 1994, 108 Stat. 4786, provided that the amendment made by that section is effective Oct. 1, 1994.
Ratification of Actions During Period of Expired AuthorityAny action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
Report to Congressional CommitteesPub. L. 101–366, title II, § 201(b), Aug. 15, 1990, 104 Stat. 438, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–452, title I, § 103(g), Nov. 2, 1994, 108 Stat. 4787, required the Secretary of Veterans Affairs, not later than Feb. 1, 1995, to submit to Congress a report setting forth the Secretary’s evaluation, findings, and conclusions regarding the conduct, through Sept. 30, 1993, of the pilot program required by this section and the results of the furnishing of care under the pilot program for the participating veterans.
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# 38 U.S.C. § 1720E - Nasopharyngeal radium irradiation
## Text
(a) The Secretary may provide any veteran a medical examination, and hospital care, medical services, and nursing home care, which the Secretary determines is needed for the treatment of any cancer of the head or neck which the Secretary finds may be associated with the veteran’s receipt of nasopharyngeal radium irradiation treatments in active military, naval, air, or space service.
(b) The Secretary shall provide care and services to a veteran under subsection (a) only on the basis of evidence in the service records of the veteran which document nasopharyngeal radium irradiation treatment in service, except that, notwithstanding the absence of such documentation, the Secretary may provide such care to a veteran who—
(1) served as an aviator in the active military, naval, or air service before the end of the Korean conflict; or
(2) underwent submarine training in active naval service before January 1, 1965.
(Added Pub. L. 105–368, title IX, § 901(a), Nov. 11, 1998, 112 Stat. 3360; amended Pub. L. 116–283, div. A, title IX, § 926(a)(27), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
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# 38 U.S.C. § 1720H - Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions
## Text
(a) Establishment of Standards.— (1) The Secretary shall establish standards and procedures to ensure that each eligible individual may access mental health care furnished by the Secretary in a manner that fully accommodates the obligation of the individual to not improperly disclose classified information.
(2) In establishing standards and procedures under paragraph (1), the Secretary shall consult with the Secretary of Defense to ensure that such standards and procedures are consistent with the policies on classified information of the Department of Defense.
(3) The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage eligible individuals during the course of mental health treatment with respect to classified information.
(b) Identification.— In carrying out this section, the Secretary shall ensure that an individual may elect to identify as an eligible individual on an appropriate form.
(c) Definitions.— In this section:
(1) The term “classified information” means any information or material that has been determined by an official of the United States pursuant to law to require protection against unauthorized disclosure for reasons of national security.
(2) The term “eligible individual” means a veteran or a member of the reserve components of the Armed Forces who—
(A) is eligible to receive health care furnished by the Department under this title;
(B) is seeking mental health treatment; and
(C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.
(3) The term “sensitive mission” means a mission of the Armed Forces that, at the time at which an eligible individual seeks treatment, is classified.
(4) The term “sensitive unit” has the meaning given that term in section 130b(c)(4) of title 10.
(Added Pub. L. 114–315, title VI, § 605(b), Dec. 16, 2016, 130 Stat. 1571; amended Pub. L. 116–283, div. A, title VII, § 764(b)(1), (2)(A), Jan. 1, 2021, 134 Stat. 3727.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116–283, § 764(b)(2)(A), inserted “and members of the reserve components of the Armed Forces” after “veterans” in section catchline. Subsec. (a)(1). Pub. L. 116–283, § 764(b)(1)(A)(i), substituted “eligible individual” for “eligible veteran” and “the individual” for “the veteran”. Subsec. (a)(3). Pub. L. 116–283, § 764(b)(1)(A)(ii), substituted “eligible individuals” for “eligible veterans”. Subsec. (b). Pub. L. 116–283, § 764(b)(1)(B), substituted “an individual” for “a veteran” and “eligible individual” for “eligible veteran”. Subsec. (c)(2). Pub. L. 116–283, § 764(b)(1)(C)(i), substituted “The term ‘eligible individual’ means a veteran or a member of the reserve components of the Armed Forces” for “The term ‘eligible veteran’ means a veteran” in introductory provisions. Subsec. (c)(3). Pub. L. 116–283, § 764(b)(1)(C)(ii), substituted “eligible individual” for “eligible veteran”.
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# 38 U.S.C. § 1720I - Mental and behavioral health care for certain former members of the Armed Forces
## Text
(a) In General.— The Secretary shall furnish to former members of the Armed Forces described in subsection (b)—
(1) an initial mental health assessment; and
(2) the mental healthcare or behavioral healthcare services authorized under this chapter that are required to treat the mental or behavioral health care needs of the former service members, including risk of suicide or harming others.
(b) Eligible Individuals.— A former member of the Armed Forces described in this subsection is an individual who—
(1) is a former member of the Armed Forces, including the reserve components;
(2) while serving in the active military, naval, air, or space service, was discharged or released therefrom under a condition that is not honorable but not—
(A) a dishonorable discharge; or
(B) a discharge by court-martial;
(3) is not enrolled in the health care system established by section 1705 of this title; and
(4) (A) (i) served in the Armed Forces for a period of more than 100 cumulative days; and
(ii) was deployed in a theater of combat operations, in support of a contingency operation, or in an area at a time during which hostilities are occurring in that area during such service, including by controlling an unmanned aerial vehicle from a location other than such theater or area; or
(B) while serving in the Armed Forces, was the victim of a physical assault of a sexual nature, a battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title).
(c) Non-Department Care.— (1) In furnishing mental or behavioral health care services to an individual under this section, the Secretary may provide such mental or behavioral health care services at a non-Department facility if—
(A) in the judgment of a mental health professional employed by the Department, the receipt of mental or behavioral health care services by that individual in facilities of the Department would be clinically inadvisable; or
(B) facilities of the Department are not capable of furnishing such mental or behavioral health care services to that individual economically because of geographical inaccessibility.
(2) The Secretary shall carry out paragraph (1) pursuant to section 1703 of this title or any other provision of law authorizing the Secretary to enter into contracts or agreements to furnish hospital care and medical services to veterans at non-Department facilities.
(d) Setting and Referrals.— In furnishing mental and behavioral health care services to individuals under this section, the Secretary shall—
(1) seek to ensure that such services are furnished in settings that are therapeutically appropriate, taking into account the circumstances that resulted in the need for such services; and
(2) provide referral services to assist former members who are not eligible for services under this chapter to obtain services from sources outside the Department.
(e) Information.— The Secretary shall provide information on the mental and behavioral health care services available under this section. Efforts by the Secretary to provide such information—
(1) shall include notification of each eligible individual described in subsection (b) about the eligibility of the individual for covered mental and behavioral health care under this section not later than the later of—
(A) 180 days after the date of the enactment of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018; or
(B) 180 days after the date on which the individual was discharged or released from the active military, naval, air, or space service;
(2) shall include availability of a toll-free telephone number (commonly referred to as an 800 number);
(3) shall ensure that information about the mental health care services available under this section—
(A) is revised and updated as appropriate;
(B) is made available and visibly posted at appropriate facilities of the Department; and
(C) is made available to State veteran agencies and through appropriate public information services; and
(4) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appropriate information about programs, requirements, and procedures for applying for mental health care services under this section.
(f) Annual Reports.— (1) Not later than February 15 each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the mental and behavioral health care services provided under this section.
(2) Each report submitted under paragraph (1) shall include, with respect to the year preceding the submittal of the report, the following:
(A) The number of eligible individuals who were furnished mental or behavioral health care services under this section, disaggregated by the number of men who received such services and the number of women who received such services.
(B) The number of individuals who requested an initial mental health assessment under subsection (a)(1).
(C) The types of mental or behavioral health care needs treated under this section.
(D) The demographics of individuals being treated under this section, including—
(i) age;
(ii) era of service in the Armed Forces;
(iii) branch of service in the Armed Forces; and
(iv) geographic location.
(E) The average number of visits for an individual for mental or behavioral health care under this section.
(F) Such other information as the Secretary considers appropriate.
(Added Pub. L. 115–141, div. J, title II, § 258(a), Mar. 23, 2018, 132 Stat. 826, § 1712I; renumbered § 1720I, Pub. L. 115–182, title V, § 511, June 6, 2018, 132 Stat. 1481; amended Pub. L. 115–251, title II, § 205, Sept. 29, 2018, 132 Stat. 3173; Pub. L. 116–171, title I, § 104, Oct. 17, 2020, 134 Stat. 782; Pub. L. 116–283, div. A, title IX, § 926(a)(29), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(1)(A), is the date of enactment of div. J of Pub. L. 115–141, which was approved Mar. 23, 2018.
Amendments2021—Subsec. (b)(2). Pub. L. 116–283 substituted “air, or space service” for “or air service” in introductory provisions. Subsec. (e)(1)(B), (4). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2020—Subsec. (f)(1). Pub. L. 116–171, § 104(1), substituted “Not later than February 15” for “Not less frequently than once”. Subsec. (f)(2)(C) to (F). Pub. L. 116–171, § 104(2), added subpars. (C) to (E) and redesignated former subpar. (C) as (F). 2018—Pub. L. 115–182 renumbered section 1712I of this title as this section. Subsec. (b)(3). Pub. L. 115–251 substituted “is not enrolled” for “is not otherwise eligible to enroll”.
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# 38 U.S.C. § 1720J - Emergent suicide care
## Text
(a) Emergent Suicide Care.— Pursuant to this section, the Secretary shall—
(1) furnish emergent suicide care to an eligible individual at a medical facility of the Department;
(2) pay for emergent suicide care provided to an eligible individual at a non-Department facility; and
(3) reimburse an eligible individual for emergent suicide care provided to the eligible individual at a non-Department facility.
(b) Eligibility.— An individual is eligible for emergent suicide care under subsection (a) if the individual is in an acute suicidal crisis and is either of the following:
(1) A veteran (as defined in section 101).
(2) An individual described in section 1720I(b) of this title.
(c) Period of Care.— (1) Emergent suicide care provided under subsection (a) shall be furnished to an eligible individual—
(A) through inpatient or crisis residential care, for a period not to exceed 30 days; or
(B) if care under subparagraph (A) is unavailable, or if such care is not clinically appropriate, as outpatient care for a period not to exceed 90 days.
(2) If, upon the expiration of a period under paragraph (1), the Secretary determines that the eligible individual remains in an acute suicidal crisis, the Secretary may extend such period as the Secretary determines appropriate.
(d) Notification.— An eligible individual who receives emergent suicide care under subsection (a) at a non-Department facility (or a person acting on behalf of the individual) shall notify the Secretary of such care within seven days of admission to such facility.
(e) Outreach.— During any period when an eligible individual is receiving emergent suicide care under subsection (a), the Secretary shall—
(1) ensure that—
(A) in the case of an eligible individual whom the Veterans Crisis Line recommends to seek emergent suicide care at a medical facility of the Department, the Veterans Crisis Line notifies the Suicide Prevention Coordinator of such medical facility;
(B) in the case of an eligible individual who presents at a medical facility of the Department in an acute suicidal crisis without a recommendation by the Veterans Crisis Line, the Secretary notifies the Suicide Prevention Coordinator;
(C) in the case of an eligible individual whom the Veterans Crisis Line recommends to seek treatment at a non-Department facility, the Veterans Crisis Line notifies the Suicide Prevention Coordinator and the Office of Community Care at the medical facility of the Department located nearest to the eligible individual; and
(D) in the case of an eligible individual who presents at a non-Department facility in an acute suicidal crisis without a recommendation by the Veterans Crisis Line and for whom the Secretary receives a notification under subsection (d), the Secretary notifies the Suicide Prevention Coordinator and the Office of Community Care at the medical facility of the Department located nearest to the eligible individual;
(2) determine the eligibility of the eligible individual for other programs and benefits under the laws administered by the Secretary (or shall make such determination as soon as practicable following the period of such emergent suicide care); and
(3) make referrals for care following the period of such emergent suicide care, as the Secretary determines appropriate.
(f) Prohibition on Charge.— (1) If the Secretary provides emergent suicide care to an eligible individual under subsection (a), the Secretary—
(A) may not charge the eligible individual for any cost of such emergent suicide care; and
(B) shall pay for any costs of emergency transportation to a facility for such emergent suicide care (as such costs are determined pursuant to section 1725 of this title, to the extent practicable).
(2) (A) In addition to the requirements of paragraph (1), if the Secretary pays for emergent suicide care provided under subsection (a) to an eligible individual at a non-Department facility, the Secretary shall reimburse the facility for the reasonable value of such emergent suicide care.
(B) (i) In carrying out subparagraph (A), the Secretary may determine the amount to reimburse a non-Department facility in a similar manner to the manner in which the Secretary determines reimbursement amounts for that non-Department facility for medical care and services provided under another provision of this chapter.
(ii) The requirements of section 1725(c)(3) of this title shall apply with respect to payments made under subparagraph (A) of this paragraph.
(3) In the case of an eligible individual who receives emergent suicide care under this section and who is entitled to emergent suicide care (or payment for emergent suicide care) under a health-plan contract, the Secretary may recover the costs of such emergent suicide care provided under this section, other than for such care for a service-connected disability.
(4) In carrying out subsection (d), the Secretary may not charge an eligible individual for any cost of emergent suicide care provided under subsection (a) solely by reason of the Secretary not having been notified of such care pursuant to such subsection.
(g) Annual Report.— Not less than once each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on emergent suicide care provided under subsection (a). Each such report shall include, for the year covered by the report—
(1) the number of eligible individuals who received emergent suicide care under subsection (a);
(2) demographic information regarding eligible individuals described in paragraph (1);
(3) the types of care furnished or paid for this section; 11 So in original. Probably should be “under this section;”. and
(4) the total cost of providing care under subsection (a).
(h) Definitions.— In this section:
(1) The term “acute suicidal crisis” means that an individual was determined to be at imminent risk of self-harm by a trained crisis responder or health care provider.
(2) The term “crisis residential care” means crisis stabilization care provided—
(A) in a residential setting; and
(B) in a facility other than a hospital.
(3) The term “crisis stabilization care” includes, with respect to an individual in acute suicidal crisis, care that ensures, to the extent practicable, immediate safety and reduces—
(A) the severity of distress;
(B) the need for urgent care; or
(C) the likelihood that the distress under subparagraph (A) or need under subparagraph (B) will increase during the transfer of that individual from a facility at which the individual has received care for that acute suicidal crisis.
(4) The term “emergent suicide care” means crisis stabilization care provided to an eligible individual—
(A) pursuant to a recommendation of the eligible individual from the Veterans Crisis Line; or
(B) who presents at a medical facility in an acute suicidal crisis.
(5) The term “health-plan contract” has the meaning given such term in section 1725 of this title.
(6) The term “Veterans Crisis Line” means the hotline under section 1720F(h) of this title.
(Added Pub. L. 116–214, title II, § 201(a), Dec. 5, 2020, 134 Stat. 1030.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 116–214, title II, § 201(c), Dec. 5, 2020, 134 Stat. 1033, provided that: “The Secretary shall furnish or pay for emergent suicide care under section 1720J of title 38, United States Code, as added by subsection (a), beginning on the date that is 270 days after the date of the enactment of this Act [Dec. 5, 2020].”
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# 38 U.S.C. § 1720K - Grants or contracts to provide mental health support to family caregivers of veterans
## Text
(a) Authority.— The Secretary may award grants or contracts to carry out, coordinate, improve, or otherwise enhance mental health counseling, treatment, or support to the family caregivers of veterans participating in the family caregiver program.
(b) Application.— (1) To be eligible for a grant or contract under this section, an entity shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require.
(2) Each application submitted under paragraph (1) shall include the following:
(A) A detailed plan for the use of the grant or contract.
(B) A description of the programs or efforts through which the entity will meet the outcome measures developed by the Secretary under subsection (f).
(C) A description of how the entity will distribute grant or contract amounts equitably among areas with varying levels of urbanization.
(D) A plan for how the grant or contract will be used to meet the unique needs of veterans residing in rural areas, Native American, Native Hawaiian, or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities.
(c) Distribution.— The Secretary shall seek to ensure that grants and contracts awarded under this section are equitably distributed among entities located in States with varying levels of urbanization.
(d) Priority.— The Secretary shall prioritize awarding grants or contracts under this section that will serve the following areas:
(1) Areas with high rates of veterans enrolled in the family caregiver program.
(2) Areas with high rates of—
(A) suicide among veterans; or
(B) referrals to the Veterans Crisis Line.
(e) Required Activities.— Any grant or contract awarded under this section shall be used—
(1) to expand existing programs, activities, and services;
(2) to establish new or additional programs, activities, and services; or
(3) for travel and transportation to facilitate carrying out paragraph (1) or (2).
(f) Outcome Measures.— (1) The Secretary shall develop and provide to each entity that receives a grant or contract under this section written guidance on the following:
(A) Outcome measures.
(B) Policies of the Department.
(2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals:
(A) Increasing the utilization of mental health services among family caregivers of veterans participating in the family caregiver program.
(B) Reducing barriers to mental health services among family caregivers of veterans participating in such program.
(g) Tracking Requirements.— (1) The Secretary shall establish appropriate tracking requirements with respect to the entities receiving a grant or contract under this section.
(2) Not less frequently than annually, the Secretary shall submit to Congress a report on such tracking requirements.
(h) Performance Review.— The Secretary shall—
(1) review the performance of each entity that receives a grant or contract under this section; and
(2) make information regarding such performance publicly available.
(i) Remediation Plan.— (1) In the case of an entity that receives a grant or contract under this section and does not meet the outcome measures developed by the Secretary under subsection (f), the Secretary shall require the entity to submit to the Secretary a remediation plan under which the entity shall describe how and when it plans to meet such outcome measures.
(2) The Secretary may not award a subsequent grant or contract under this section to an entity described in paragraph (1) unless the Secretary approves the remediation plan submitted by the entity under such paragraph.
(j) Maximum Amount.— The amount of a grant or contract awarded under this section may not exceed 10 percent of amounts made available for grants or contracts under this section for the fiscal year in which the grant or contract is awarded.
(k) Supplement, Not Supplant.— Any grant or contract awarded under this section shall be used to supplement and not supplant funding that is otherwise available through the Department to provide mental health support among family caregivers of veterans participating in the family caregiver program.
(l) Outreach to Family Caregivers.— The Secretary shall include, in the outreach materials regularly provided to a family caregiver who participates in the family caregiver program, notice of mental health support provided by recipients of grants or contracts under this section that are located in the relevant Veterans Integrated Service Network.
(m) Funding.— (1) Amounts for the activities of the Department under this section shall be budgeted and appropriated through a separate appropriation account.
(2) In the budget justification materials submitted to Congress in support of the budget of the Department for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph (1).
(n) Authorization of Appropriations.— There is authorized to be appropriated to the Secretary, for each of fiscal years 2025 and 2026, $10,000,000 to carry out this section.
(o) Definitions.— In this section:
(1) The terms “caregiver” and “family caregiver” have the meanings given those terms in section 1720G of this title.
(2) The term “family caregiver program” means the program of comprehensive assistance for family caregivers under section 1720G of this title.
(3) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F of this title.
(Added Pub. L. 118–210, title I, § 122, Jan. 2, 2025, 138 Stat. 2724.)
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# 38 U.S.C. § 1721 - Power to make rules and regulations
## Text
Rules and regulations prescribed under section 501(a) of this title shall include rules and regulations to promote good conduct on the part of persons who are receiving hospital, nursing home, and domiciliary care and medical services in Department facilities. The Secretary may prescribe in rules and regulations under such section limitations in connection with the furnishing of such care and services during a period of national emergency (other than a period of war or an emergency described in section 8111A of this title).
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 621; Pub. L. 94–581, title II, §§ 202(j), 210(a)(8), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 100–322, title I, § 133, May 20, 1988, 102 Stat. 507; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1721 and amended Pub. L. 102–83, §§ 2(c)(1), 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404–406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1721 was renumbered section 3521 of this title.
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 621 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Pub. L. 102–83, § 2(c)(1), substituted “501(a)” for “210(c)(1)”. Pub. L. 102–40 substituted “8111A” for “5011A”. 1988—Pub. L. 100–322 amended section generally. Prior to amendment, section read as follows: “The Administrator shall prescribe— “(1) such rules and procedure governing the furnishing of hospital, nursing home, and domiciliary care as the Administrator may deem proper and necessary; “(2) limitations in connection with the furnishing of hospital, nursing home, and domiciliary care; and “(3) such rules and regulations as the Administrator deems necessary in order to promote good conduct on the part of persons who are receiving hospital, nursing home, or domiciliary care in Veterans’ Administration facilities.” 1976—Cl. (1). Pub. L. 94–581, §§ 202(j), 210(a)(8), substituted “hospital, nursing home, and domiciliary care as the Administrator may deem” for “hospital and domiciliary care as he may deem”. Cl. (2). Pub. L. 94–581, § 202(j), substituted “hospital, nursing home, and domiciliary care” for “hospital and domiciliary care”. Cl. (3). Pub. L. 94–581, §§ 202(j), 210(a)(8), substituted “as the Administrator deems” for “as he deems” and “hospital, nursing home, or domiciliary care” for “hospital or domiciliary care”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 1722A - Copayment for medications
## Text
(a) (1) Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $2 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the amount of the charge may not be reduced.
(2) The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication described in paragraph (1).
(3) Paragraph (1) does not apply—
(A) to a veteran with a service-connected disability rated 50 percent or more;
(B) to a veteran who is a former prisoner of war;
(C) to a veteran whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title; or
(D) to a veteran who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14.
(4) Paragraph (1) does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose.
(b) The Secretary, pursuant to regulations which the Secretary shall prescribe, may—
(1) increase the copayment amount in effect under subsection (a); and
(2) establish a maximum monthly and a maximum annual pharmaceutical copayment amount under subsection (a) for veterans who have multiple outpatient prescriptions.
(c) Amounts collected under this section shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund.
(Added Pub. L. 101–508, title VIII, § 8012(a)(1), Nov. 5, 1990, 104 Stat. 1388–345, § 622A; renumbered § 1722A, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 102–139, title V, § 518(a), Oct. 28, 1991, 105 Stat. 779; Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1709; Pub. L. 102–568, title VI, §§ 605(a), 606(a), Oct. 29, 1992, 106 Stat. 4343; Pub. L. 103–66, title XII, § 12002(b), Aug. 10, 1993, 107 Stat. 414; Pub. L. 103–446, title XII, § 1201(e)(7), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 105–33, title VIII, §§ 8021(b), 8023(b)(3), Aug. 5, 1997, 111 Stat. 665, 667; Pub. L. 106–117, title II, § 201(a), Nov. 30, 1999, 113 Stat. 1560; Pub. L. 108–7, div. K, title I, § 113(c), Feb. 20, 2003, 117 Stat. 482; Pub. L. 108–170, title I, § 101(b), Dec. 6, 2003, 117 Stat. 2043; Pub. L. 114–198, title IX, § 915(a), July 22, 2016, 130 Stat. 765; Pub. L. 114–223, div. A, title II, § 243(a), Sept. 29, 2016, 130 Stat. 884; Pub. L. 114–315, title VI, § 603(d), Dec. 16, 2016, 130 Stat. 1570; Pub. L. 115–232, div. A, title VIII, § 809(n)(1)(D), Aug. 13, 2018, 132 Stat. 1843.)
## Notes
Editorial Notes
References in TextSection 491 of title 14, referred to in subsec. (a)(3)(D), was redesignated section 2732 of title 14 by Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226, and references to section 491 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.
Amendments2018—Subsec. (a)(3)(D). Pub. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”. 2016—Subsec. (a)(3)(D). Pub. L. 114–315 added subpar. (D). Subsec. (a)(4). Pub. L. 114–198 and Pub. L. 114–223 amended subsec. (a) identically, adding par. (4). 2003—Subsec. (a)(3)(B), (C). Pub. L. 108–170 added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (c). Pub. L. 108–7, § 113(c)(1), substituted “under this section” for “under subsection (a)” in first sentence and struck out second sentence which read as follows: “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Subsec. (d). Pub. L. 108–7, § 113(c)(2), struck out subsec. (d) which read as follows: “The provisions of subsection (a) expire on September 30, 2002.” 1999—Subsec. (b). Pub. L. 106–117, § 201(a)(1), (2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–117, § 201(a)(1), (3), redesignated subsec. (b) as (c), substituted “subsection (a)” for “this section”, and inserted at end “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 106–117, § 201(a)(1), redesignated subsec. (c) as (d). 1997—Subsec. (b). Pub. L. 105–33, § 8023(b)(3), substituted “Medical Care Collections Fund” for “Medical-Care Cost Recovery Fund”. Subsec. (c). Pub. L. 105–33, § 8021(b), substituted “September 30, 2002” for “September 30, 1998”. 1994—Subsec. (a)(1). Pub. L. 103–446 substituted “veteran to pay” for “veteran) to pay”. 1993—Subsec. (c). Pub. L. 103–66 substituted “1998” for “1992” in first sentence and struck out at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through September 30, 1997.” 1992—Subsec. (a)(1). Pub. L. 102–568, § 605(a)(1), struck out “(other than a veteran with a service-connected disability rated 50 percent or more” after “require a veteran”. Subsec. (a)(3). Pub. L. 102–568, § 605(a)(2), added par. (3). Subsec. (c). Pub. L. 102–568, § 606(a), inserted at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through September 30, 1997.” 1991—Pub. L. 102–83 renumbered section 622A of this title as this section. Subsec. (c). Pub. L. 102–139, as amended by Pub. L. 102–229, substituted “September 30, 1992” for “September 30, 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Effective Date of 1997 AmendmentAmendment by section 8023(b)(3) of Pub. L. 105–33 effective Oct. 1, 1997, see section 8023(g) of Pub. L. 105–33, set out as a note under section 1710 of this title.
Effective Date of 1992 AmendmentPub. L. 102–568, title VI, § 605(b), Oct. 29, 1992, 106 Stat. 4343, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to medication furnished after the date of the enactment of this Act [Oct. 29, 1992].”
Effective and Termination DatesSection to remain in effect through the period covered by Pub. L. 102–145, see section 111 of Pub. L. 102–145, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title. Section to remain in effect through the period covered by Pub. L. 102–109, see section 111 of Pub. L. 102–109, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title. Pub. L. 101–508, title VIII, § 8012(b), Nov. 5, 1990, 104 Stat. 1388–345, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect with respect to medication furnished to a veteran after October 31, 1990, or the date of the enactment of this Act [Nov. 5, 1990], whichever is later.”
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# 38 U.S.C. § 1722B - Copayments: waiver of collection of copayments for telehealth and telemedicine visits of veterans
## Text
The Secretary may waive the imposition or collection of copayments for telehealth and telemedicine visits of veterans under the laws administered by the Secretary.
(Added Pub. L. 112–154, title I, § 103(a), Aug. 6, 2012, 126 Stat. 1169.)
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# 38 U.S.C. § 1722C - Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans
## Text
(a) Prohibition.— Except as provided in subsection (b), notwithstanding section 1710(g) of this title or any other provision of law, the Secretary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary.
(b) Copayment for Medications.— The prohibition under subsection (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title.
(c) Mental Health Care Outpatient Visit Defined.— In this section, the term “mental health care outpatient visit” means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder.
(d) Sunset.— This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.
(Added Pub. L. 117–328, div. U, title I, § 193A(a), Dec. 29, 2022, 136 Stat. 5440.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 AmendmentPub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: “The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occurring on or after the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022].”
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# 38 U.S.C. § 1723 - Furnishing of clothing
## Text
The Secretary shall not furnish clothing to persons who are in Department facilities, except (1) where the furnishing of such clothing to indigent persons is necessary to protect health or sanitation, and (2) where the Secretary furnishes veterans with special clothing made necessary by the wearing of prosthetic appliances.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 623; Pub. L. 94–581, title II, § 210(a)(10), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1723 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
Prior ProvisionsPrior section 1723 was renumbered section 3523 of this title.
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 623 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. 1976—Pub. L. 94–581 substituted “the Administrator furnishes” for “he furnishes”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
legal/us/code/title-38/chapter-17/section-1724.md
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# 38 U.S.C. § 1724 - Hospital care, medical services, and nursing home care abroad
## Text
(a) Except as provided in subsections (b), (c), and (f), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State.
(b) (1) The Secretary may furnish hospital care and medical services outside a State to a veteran who is otherwise eligible to receive hospital care and medical services if the Secretary determines that such care and services are needed for the treatment of a service-connected disability of the veteran or as part of a rehabilitation program under chapter 31 of this title.
(2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this subsection only—
(A) if the veteran is in the Republic of the Philippines or in Canada; or
(B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services.
(c) Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Secretary may contract, the Secretary may furnish necessary hospital care to a veteran for any non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital care. The Secretary may enter into contracts to carry out this section.
(d) The Secretary may furnish nursing home care, on the same terms and conditions set forth in section 1720(a) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who requires a protracted period of nursing home care.
(e) Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Secretary may furnish a veteran who has a service-connected disability with such medical services as the Secretary determines to be needed.
(f) (1) (A) The Secretary may furnish hospital care and medical services in the Freely Associated States, subject to agreements the Secretary shall enter into with the governments of the Freely Associated States as described in section 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services.
(B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Freely Associated States.
(2) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through—
(A) contracts or other agreements;
(B) reimbursement; or
(C) the direct provision of care by health care personnel of the Department.
(3) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condition is connected to the service of the veteran in the Armed Forces.
(4) (A) A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical services in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection.
(B) If the Secretary determines it is no longer advisable or practicable to allow veterans described in subparagraph (A) to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall—
(i) provide direct notice of that determination to such veterans; and
(ii) publish that determination and the reasons for that determination in the Federal Register.
(5) In this subsection, the term “Freely Associated States” means—
(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint 11 So in original. Probably should be preceded by “the”. Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Government of Palau, and for other purposes” (Public Law 99–658; 48 U.S.C. 1931 note).
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 624; Pub. L. 86–152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86–624, § 25(a), July 12, 1960, 74 Stat. 418; Pub. L. 87–815, § 4, Oct. 15, 1962, 76 Stat. 927; Pub. L. 93–82, title I, § 108, Aug. 2, 1973, 87 Stat. 186; Pub. L. 94–581, title II, §§ 202(l), 210(a)(11), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 95–520, § 3(a), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97–72, title I, § 107(a), Nov. 3, 1981, 95 Stat. 1051; Pub. L. 97–295, § 4(20), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 100–322, title I, § 105, May 20, 1988, 102 Stat. 493; renumbered § 1724 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–377, § 1(a)(1) [title V, § 501(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–58; Pub. L. 118–42, div. G, title II, § 209(a)(2), Mar. 9, 2024, 138 Stat. 438.)
## Notes
Editorial Notes
References in TextSection 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, referred to in subsec. (f)(1)(A), is classified to section 1988(a)(4)(A) of Title 48, Territories and Insular Possessions.
Prior ProvisionsPrior section 1724 was renumbered section 3524 of this title. Prior section 1725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, related to period of operation for approval by Administrator, prior to repeal by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this title.
Amendments2024—Subsec. (a). Pub. L. 118–42, § 209(a)(2)(A), substituted “subsections (b), (c), and (f)” for “subsections (b) and (c)”. Subsec. (f). Pub. L. 118–42, § 209(a)(2)(B), added subsec. (f). 2000—Subsec. (e). Pub. L. 106–377 added subsec. (e). 1991—Pub. L. 102–83, § 5(a), renumbered section 624 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720(a)” for “620(a)”. 1988—Subsec. (b). Pub. L. 100–322 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Administrator may furnish necessary hospital care and medical services to any otherwise eligible veteran for any service-connected disability if the veteran (1) is a citizen of the United States sojourning or residing abroad, or (2) is in the Republic of the Philippines.” 1982—Pub. L. 97–295 substituted “Hospital care, medical services, and nursing home care abroad” for “Hospital care and medical services abroad” in section catchline, without regard to a prior amendment by Pub. L. 93–82, which had substituted “Hospital care, medical services and nursing home care abroad” for “Hospital care and medical services abroad”. See 1973 Amendment note below. 1981—Subsec. (d). Pub. L. 97–72 struck out “and at the same rate as specified in section 632(a)(4) of this title” after “on the same terms and conditions set forth in section 620(a) of this title”. 1978—Subsec. (c). Pub. L. 95–520 substituted “Veterans Memorial Medical Center” for “Veterans Memorial Hospital”. 1976—Subsec. (c). Pub. L. 94–581 substituted “the Administrator may furnish” for “he may furnish” and “hospital care to a veteran for any” for “hospital care to a veteran of any war for any”. 1973—Pub. L. 93–82, § 108(b), substituted “Hospital care, medical services and nursing home care abroad” for “Hospital care and medical services abroad” in section catchline. Subsec. (d). Pub. L. 93–82, § 108(a), added subsec. (d). 1962—Subsec. (b). Pub. L. 87–815 struck out “temporarily” before “sojourning”. 1960—Subsec. (a). Pub. L. 86–624 substituted “outside any State” for “outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States”. 1959—Subsec. (b). Pub. L. 86–152 extended authority to provide hospital and medical care for veterans who are United States citizens temporarily residing abroad to include those with peacetime service-incurred disabilities.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.
legal/us/code/title-38/chapter-17/section-1725.md
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# 38 U.S.C. § 1725 - Reimbursement for emergency treatment
## Text
(a) General Authority.— (1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility.
(2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly—
(A) to a hospital or other health care provider that furnished the treatment; or
(B) to the person or organization that paid for such treatment on behalf of the veteran.
(b) Eligibility.— (1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility.
(2) A veteran is an active Department health-care participant if—
(A) the veteran is enrolled in the health care system established under section 1705(a) of this title; and
(B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment.
(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran—
(A) is financially liable to the provider of emergency treatment for that treatment;
(B) has no entitlement to care or services under a health-plan contract (determined, in the case of a health-plan contract as defined in subsection (h)(2)(B) or (h)(2)(C), without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States);
(C) has no other contractual or legal recourse against a third party that would, in whole, extinguish such liability to the provider; and
(D) is not eligible for reimbursement for medical care or services under section 1728 of this title.
(c) Limitations on Reimbursement.— (1) The Secretary, in accordance with regulations prescribed by the Secretary, shall—
(A) establish the maximum amount payable under subsection (a);
(B) delineate the circumstances under which such payments may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and
(C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable.
(2) Subject to paragraph (1), the Secretary may provide reimbursement under this section only after the veteran or the provider of emergency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment.
(3) Payment by the Secretary under this section on behalf of a veteran to a provider of emergency treatment shall, unless rejected and refunded by the provider within 30 days of receipt, extinguish any liability on the part of the veteran for that treatment. Neither the absence of a contract or agreement between the Secretary and the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirement in the preceding sentence.
(4) (A) If the veteran has contractual or legal recourse against a third party that would only, in part, extinguish the veteran’s liability to the provider of the emergency treatment, and payment for the treatment may be made both under subsection (a) and by the third party, the amount payable for such treatment under such subsection shall be the amount by which the costs for the emergency treatment exceed the amount payable or paid by the third party, except that the amount payable may not exceed the maximum amount payable established under paragraph (1)(A).
(B) In any case in which a third party is financially responsible for part of the veteran’s emergency treatment expenses, the Secretary shall be the secondary payer.
(C) A payment in the amount payable under subparagraph (A) shall be considered payment in full and shall extinguish the veteran’s liability to the provider.
(D) The Secretary may not reimburse a veteran under this section for any copayment or similar payment that the veteran owes the third party or for which the veteran is responsible under a health-plan contract.
(d) Independent Right of Recovery.— (1) In accordance with regulations prescribed by the Secretary, the United States shall have the independent right to recover any amount paid under this section when, and to the extent that, a third party subsequently makes a payment for the same emergency treatment.
(2) Any amount paid by the United States to the veteran (or the veteran’s personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment.
(3) Any amount paid by the United States to the provider that furnished the veteran’s emergency treatment shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treatment for which the United States made payment.
(4) The veteran (or the veteran’s personal representative, successor, dependents, or survivors) shall ensure that the Secretary is promptly notified of any payment received from any third party for emergency treatment furnished to the veteran. The veteran (or the veteran’s personal representative, successor, dependents, or survivors) shall immediately forward all documents relating to such payment, cooperate with the Secretary in the investigation of such payment, and assist the Secretary in enforcing the United States right to recover any payment made under subsection (c)(3).
(e) Waiver.— The Secretary, in the Secretary’s discretion, may waive recovery of a payment made to a veteran under this section that is otherwise required by subsection (d)(1) when the Secretary determines that such waiver would be in the best interest of the United States, as defined by regulations prescribed by the Secretary.
(f) Submittal of Claims for Direct Payment.— An individual or entity seeking payment under subsection (a)(2) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided.
(g) Hold Harmless.— No veteran described in subsection (b) may be held liable for payment for emergency treatment described in such subsection if—
(1) a claim for direct payment was submitted by an individual or entity under subsection (f); and
(2) such claim was submitted after the deadline established by such subsection due to—
(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency, under the wrong reimbursement authority (such as section 1728 of this title), or submission of the claim after the deadline; or
(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.
(h) Definitions.— For purposes of this section:
(1) The term “emergency treatment” means medical care or services furnished, in the judgment of the Secretary—
(A) when Department or other Federal facilities are not feasibly available and an attempt to use them beforehand would not be reasonable;
(B) when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and
(C) until—
(i) such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; or
(ii) such time as a Department facility or other Federal facility accepts such transfer if—
(I) at the time the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agreed to accept such transfer; and
(II) the non-Department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a Department facility or other Federal facility.
(2) The term “health-plan contract” includes any of the following:
(A) An insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under which health services for individuals are provided or the expenses of such services are paid.
(B) An insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of that Act (42 U.S.C. 1395j).
(C) A State plan for medical assistance approved under title XIX of such Act (42 U.S.C. 1396 et seq.).
(D) A workers’ compensation law or plan described in section 1729(a)(2)(A) of this title.
(3) The term “third party” means any of the following:
(A) A Federal entity.
(B) A State or political subdivision of a State.
(C) An employer or an employer’s insurance carrier.
(D) An automobile accident reparations insurance carrier.
(E) A person or entity obligated to provide, or to pay the expenses of, health services under a health-plan contract.
(Added Pub. L. 106–117, title I, § 111(a), Nov. 30, 1999, 113 Stat. 1553; amended Pub. L. 110–387, title IV, § 402(a), Oct. 10, 2008, 122 Stat. 4123; Pub. L. 111–137, § 1(a), (b), Feb. 1, 2010, 123 Stat. 3495; Pub. L. 117–328, div. U, title I, § 142(a)(1), (c)(2), Dec. 29, 2022, 136 Stat. 5423, 5424.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (h)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2022—Subsec. (b)(3)(B). Pub. L. 117–328, § 142(c)(2), substituted “subsection (h)(2)(B) or (h)(2)(C)” for “subsection (f)(2)(B) or (f)(2)(C)”. Subsecs. (f) to (h). Pub. L. 117–328, § 142(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). 2010—Subsec. (b)(3)(C). Pub. L. 111–137, § 1(a)(1), struck out “or in part” after “in whole”. Subsec. (c)(4). Pub. L. 111–137, § 1(b), added par. (4). Subsec. (f)(2)(E). Pub. L. 111–137, § 1(a)(2), struck out subpar. (E) which read as follows: “A law of a State or political subdivision described in section 1729(a)(2)(B) of this title.” 2008—Subsec. (a)(1). Pub. L. 110–387, § 402(a)(1), substituted “shall reimburse” for “may reimburse”. Subsec. (f)(1)(C). Pub. L. 110–387, § 402(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “until such time as the veteran can be transferred safely to a Department facility or other Federal facility”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111–137, § 1(c), Feb. 1, 2010, 123 Stat. 3495, provided that: “(1) In general.—The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date of the enactment of this Act [Feb. 1, 2010], and shall apply with respect to emergency treatment furnished on or after the date of the enactment of this Act. “(2) Reimbursement for treatment provided before effective date.—The Secretary may provide reimbursement under section 1725 of title 38, United States Code, as amended by subsections (a) and (b), for emergency treatment furnished to a veteran before the date of the enactment of this Act [Feb. 1, 2010], if the Secretary determines that, under the circumstances applicable with respect to the veteran, it is appropriate to do so.”
Effective DatePub. L. 106–117, title I, § 111(c), Nov. 30, 1999, 113 Stat. 1556, provided that: “The amendments made by this section [enacting this section and amending section 1729A of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 30, 1999].”
Implementation ReportsPub. L. 106–117, title I, § 111(d), Nov. 30, 1999, 113 Stat. 1556, required the Secretary of Veterans Affairs to include with the budget justification materials submitted to Congress in support of the Department of Veterans Affairs budget for fiscal years 2002 and 2003 a report on the implementation of this section, including information on the experience of the Department under that section and the costs incurred.
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# 38 U.S.C. § 1725A - Access to walk-in care
## Text
(a) Procedures To Ensure Access to Walk-In Care.— The Secretary shall develop procedures to ensure that eligible veterans are able to access walk-in care from qualifying non-Department entities or providers.
(b) Eligible Veterans.— For purposes of this section, an eligible veteran is any individual who—
(1) is enrolled in the health care system established under section 1705(a) of this title; and
(2) has received care under this chapter within the 24-month period preceding the furnishing of walk-in care under this section.
(c) Qualifying Non-Department Entities or Providers.— For purposes of this section, a qualifying non-Department entity or provider is a non-Department entity or provider that has entered into a contract, agreement, or other arrangement with the Secretary to furnish services under this section.
(d) Federally-Qualified Health Centers.— Whenever practicable, the Secretary may use a Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))) to carry out this section.
(e) Continuity of Care.— The Secretary shall ensure continuity of care for those eligible veterans who receive walk-in care services under this section, including through the establishment of a mechanism to receive medical records from walk-in care providers and provide pertinent patient medical records to providers of walk-in care.
(f) Copayments.— (1) (A) The Secretary may require an eligible veteran to pay the United States a copayment for each episode of hospital care or medical services provided under this section if the eligible veteran would be required to pay a copayment under this title.
(B) An eligible veteran not required to pay a copayment under this title may access walk-in care without a copayment for the first two visits in a calendar year. For any additional visits, a copayment at an amount determined by the Secretary may be required.
(C) An eligible veteran required to pay a copayment under this title may be required to pay a regular copayment for the first two walk-in care visits in a calendar year. For any additional visits, a higher copayment at an amount determined by the Secretary may be required.
(2) After the first two episodes of care furnished to an eligible veteran under this section, the Secretary may adjust the copayment required of the veteran under this subsection based upon the priority group of enrollment of the eligible veteran, the number of episodes of care furnished to the eligible veteran during a year, and other factors the Secretary considers appropriate under this section.
(3) The amount or amounts of the copayments required under this subsection shall be prescribed by the Secretary by rule.
(4) Sections 8153(c) and 1703A(j) of this title shall not apply to this subsection.
(g) Regulations.— Not later than 1 year after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall promulgate regulations to carry out this section.
(h) Walk-In Care Defined.— In this section, the term “walk-in care” means non-emergent care provided by a qualifying non-Department entity or provider that furnishes episodic care and not longitudinal management of conditions and is otherwise defined through regulations the Secretary shall promulgate.
(Added Pub. L. 115–182, title I, § 105(a), June 6, 2018, 132 Stat. 1412; amended Pub. L. 115–251, title II, § 211(a)(7), Sept. 29, 2018, 132 Stat. 3175; Pub. L. 116–61, § 6(2), Sept. 30, 2019, 133 Stat. 1117.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsec. (g), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018.
Amendments2019—Subsec. (c). Pub. L. 116–61 inserted comma after “a contract”. 2018—Subsec. (c). Pub. L. 115–251, § 211(a)(7)(A), substituted “agreement, or other arrangement” for “or other agreement”. Subsec. (f)(4). Pub. L. 115–251, § 211(a)(7)(B), substituted “Sections 8153(c) and 1703A(j)” for “Section 8153(c)”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 115–182, title I, § 105(b), June 6, 2018, 132 Stat. 1413, provided that: “Section 1725A of title 38, United States Code, as added by subsection (a) shall take effect on the date upon which final regulations implementing such section take effect.”
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# 38 U.S.C. § 1726 - Reimbursement for loss of personal effects by natural disaster
## Text
The Secretary shall, under regulations which the Secretary shall prescribe, reimburse veterans in Department hospitals and domiciliaries for any loss of personal effects sustained by fire, earthquake, or other natural disaster while such effects were stored in designated locations in Department hospitals or domiciliaries.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; Pub. L. 93–82, title I, § 105, Aug. 2, 1973, 87 Stat. 183; Pub. L. 94–581, title II, § 210(a)(12), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1726 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
Prior ProvisionsPrior section 1726, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, provided for control by agencies of United States, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3689 of this title.
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 626 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. 1976—Pub. L. 94–581 substituted “the Administrator shall prescribe” for “he shall prescribe”. 1973—Pub. L. 93–82 substituted “natural disaster” for “fire” in section catchline and extended reimbursement provisions to earthquake and other natural disasters also.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 93–82 effective Jan. 1, 1971, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.
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# 38 U.S.C. § 1727 - Persons eligible under prior law
## Text
Persons who have a status which would, under the laws in effect on December 31, 1957, entitle them to the medical services, hospital and domiciliary care, and other benefits, provided for in this chapter, but who do not meet the service requirements contained in this chapter, shall be entitled to such benefits notwithstanding failure to meet such service requirements.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; Pub. L. 94–581, title II, § 202(m), Oct. 21, 1976, 90 Stat. 2856; renumbered § 1727 Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83 renumbered section 627 of this title as this section. 1976—Pub. L. 94–581 substituted “1957” for “1958”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 1728 - Reimbursement of certain medical expenses
## Text
(a) The Secretary shall, under such regulations as the Secretary prescribes, reimburse veterans eligible for hospital care or medical services under this chapter for the customary and usual charges of emergency treatment (including travel and incidental expenses under the terms and conditions set forth in section 111 of this title) for which such veterans have made payment, from sources other than the Department, where such emergency treatment was rendered to such veterans in need thereof for any of the following:
(1) An adjudicated service-connected disability.
(2) A non-service-connected disability associated with and held to be aggravating a service-connected disability.
(3) Any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability.
(4) Any illness, injury, or dental condition of a veteran who—
(A) is a participant in a vocational rehabilitation program (as defined in section 3101 of this title); and
(B) is medically determined to have been in need of care or treatment to make possible the veteran’s entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition.
(b) In any case where reimbursement would be in order under subsection (a) of this section, the Secretary may, in lieu of reimbursing such veteran, make payment of the reasonable value of emergency treatment directly—
(1) to the hospital or other health facility furnishing the emergency treatment; or
(2) to the person or organization making such expenditure on behalf of such veteran.
(c) No veteran described in subsection (a) may be held liable for payment for emergency treatment described in such subsection if—
(1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and
(2) such claim was submitted after a deadline established by the Secretary for purposes of this section due to—
(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the deadline; or
(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.
(d) In this section, the term “emergency treatment” has the meaning given such term in section 1725(h)(1) of this title.
(Added Pub. L. 93–82, title I, § 106(a), Aug. 2, 1973, 87 Stat. 183, § 628; amended Pub. L. 94–581, title II, §§ 202(n), 210(a)(13), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96–151, title II, § 201(d), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 101–237, title II, § 202(a), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102–54, § 14(b)(14), June 13, 1991, 105 Stat. 284; renumbered § 1728 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 110–387, title IV, § 402(b), Oct. 10, 2008, 122 Stat. 4123; Pub. L. 117–328, div. U, title I, § 142(b), (c)(3), Dec. 29, 2022, 136 Stat. 5424; Pub. L. 117–333, § 3(e)(3)(B)(i), Jan. 5, 2023, 136 Stat. 6128.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a)(4)(A). Pub. L. 117–333 substituted “section 3101 of” for “section 3101(9) of”. 2022—Subsecs. (c), (d). Pub. L. 117–328 added subsec. (c), redesignated former subsec. (c) as (d) and substituted “section 1725(h)(1)” for “section 1725(f)(1)”. 2008—Subsec. (a). Pub. L. 110–387, § 402(b)(1), added subsec. (a) and struck out former subsec. (a) which authorized the Secretary to reimburse veterans entitled to hospital care or medical services for the reasonable value of such care or services for which such veterans made payment from sources other than the Department under certain conditions. Subsec. (b). Pub. L. 110–387, § 402(b)(2), substituted “emergency treatment” for “care or services” in introductory provisions and in par. (1). Subsec. (c). Pub. L. 110–387, § 402(b)(3), added subsec. (c). 1991—Pub. L. 102–83, § 5(a), renumbered section 628 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (3). Subsec. (a)(2)(D). Pub. L. 102–83, § 5(c)(1), substituted “3101(9)” for “1501(9)”. Pub. L. 102–54 substituted “(i) is” for “is (i)”. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. 1989—Subsec. (a)(2)(D). Pub. L. 101–237 substituted “(i) a participant in a vocational rehabilitation program (as defined in section 1501(9) of this title), and (ii)” for “found to be (i) in need of vocational rehabilitation under chapter 31 of this title and for whom an objective had been selected or (ii) pursuing a course of vocational rehabilitation training and”. 1979—Subsec. (a). Pub. L. 96–151 substituted provisions relating to travel and incidental expenses for provisions relating to necessary travel. 1976—Subsec. (a). Pub. L. 94–581 substituted “as the Administrator shall prescribe” for “as he shall prescribe” in provisions preceding par. (1), substituted “delay” for “they” in par. (1), and substituted “make possible such veteran’s entrance” for “make possible his entrance” in par. (2)(D)(ii).
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 101–237, title II, § 202(b), Dec. 18, 1989, 103 Stat. 2067, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to hospital care and medical services received on or after the date of the enactment of this Act [Dec. 18, 1989].”
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–151 effective Jan. 1, 1980, see section 206 of Pub. L. 96–151, set out as a note under section 111 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective DateSection effective Jan. 1, 1971, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
Reimbursement of Ambulance Cost for Care for Certain Rural VeteransPub. L. 118–210, title I, § 143, Jan. 2, 2025, 138 Stat. 2747, provided that: “(a) In General.—The Secretary of Veterans Affairs shall pay, or reimburse a covered veteran for, the cost of transporting the veteran by ambulance, including air ambulance, from a covered location to a provider of the Department of Veterans Affairs, a non-Department provider, or the nearest hospital that can meet the needs of the veteran (including a hospital that compacts with the Indian Health Service) for covered care. “(b) Amount Covered.—The maximum cumulative amount covered under this section for a covered veteran is $46,000. “(c) Sunset.—This section shall cease to be effective on September 30, 2026. “(d) Definitions.—In this section:“(1) The term ‘covered care’ means care for a veteran eligible for care provided by the Department of Veterans Affairs under title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs, even if the care associated with the transport described in subsection (a) is not authorized by the Department. “(2) The term ‘covered location’ means a location that is—“(A) in a State that is 100 miles or more from the nearest medical center of the Department of Veterans Affairs; and “(B) in an area rated as a 10 or higher under the rural-urban commuting areas coding system of the Department of Agriculture. “(3) The term ‘covered veteran’ means a veteran who—“(A) has a service-connected disability rated by the Secretary as between 0 and 30 percent disabling; “(B) is not eligible for payments or reimbursements for beneficiary travel or other transportation under the laws administered by the Secretary of Veterans Affairs, other than under this section; and “(C) is not entitled to care or services under a non-Department of Veterans Affairs health-plan contract. “(4) The term ‘health-plan contract’ has the meaning given that term in section 1725 of title 38, United States Code. “(5) The term ‘service-connected’ has the meaning given that term in section 101 of such title.”
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# 38 U.S.C. § 1729A - Department of Veterans Affairs Medical Care Collections Fund
## Text
(a) There is in the Treasury a fund to be known as the Department of Veterans Affairs Medical Care Collections Fund.
(b) Amounts recovered or collected under any of the following provisions of law shall be deposited in the fund:
(1) Section 1710(f) of this title.
(2) Section 1710(g) of this title.
(3) Section 1711 of this title.
(4) Section 1722A of this title.
(5) Section 1725 of this title.
(6) Section 1729 of this title.
(7) Section 1784 of this title.
(8) Section 8165(a) of this title.
(9) Section 113 of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; 38 U.S.C. 8111 note).
(10) Public Law 87–693, popularly known as the “Federal Medical Care Recovery Act” (42 U.S.C. 2651 et seq.), to the extent that a recovery or collection under that law is based on medical care or services furnished under this chapter.
(c) (1) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes:
(A) Furnishing medical care and services under this chapter, to be available during any fiscal year for the same purposes and subject to the same limitations (other than with respect to the period of availability for obligation) as apply to amounts appropriated from the general fund of the Treasury for that fiscal year for medical care.
(B) Expenses of the Department for the identification, billing, auditing, and collection of amounts owed the United States by reason of medical care and services furnished under this chapter.
(2) Amounts available under paragraph (1) may not be used for any purpose other than a purpose set forth in subparagraph (A) or (B) of that paragraph.
(d) Of the total amount recovered or collected by the Department during a fiscal year under the provisions of law referred to in subsection (b) and made available from the fund, the Secretary shall make available to each Department health care facility of the Department an amount that bears the same ratio to the total amount so made available as the amount recovered or collected by such facility during that fiscal year under such provisions of law bears to such total amount recovered or collected during that fiscal year. The Secretary shall make available to each facility the entirety of the amount specified to be made available to such facility by the preceding sentence.
(e) Amounts recovered or collected under the provisions of law referred to in subsection (b) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901, 902) as offsets to discretionary appropriations (rather than as offsets to direct spending) to the extent that such amounts are made available for expenditure in appropriations Acts for the purposes specified in subsection (c).
(Added Pub. L. 105–33, title VIII, § 8023(a)(1), Aug. 5, 1997, 111 Stat. 665; amended Pub. L. 106–117, title I, § 111(b)(1), title II, § 203, Nov. 30, 1999, 113 Stat. 1556, 1561; Pub. L. 107–135, title II, § 208(e)(5), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 108–7, div. K, title I, § 113(b), Feb. 20, 2003, 117 Stat. 482; Pub. L. 108–183, title VII, § 708(a)(2), Dec. 16, 2003, 117 Stat. 2673.)
## Notes
Editorial Notes
References in TextPublic Law 87–693, popularly known as the Federal Medical Care Recovery Act, referred to in subsec. (b)(10), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
Amendments2003—Subsec. (b). Pub. L. 108–183, § 708(a)(2)(A), struck out “after June 30, 1997,” after “collected” in introductory provisions. Subsec. (b)(8) to (10). Pub. L. 108–7 added pars. (8) and (9) and redesignated former par. (8) as (10). Subsec. (c)(3). Pub. L. 108–183, § 708(a)(2)(B), struck out par. (3) which related to duties of the Secretary for fiscal year 1998. Subsecs. (e), (f). Pub. L. 108–183, § 708(a)(2)(C), (D), redesignated subsec. (f) as (e) and struck out former subsec. (e) which required the Secretary to submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives quarterly reports on the operation of the section for fiscal years 1998, 1999, and 2000 and for the first quarter of fiscal year 2001. 2002—Subsec. (b)(7), (8). Pub. L. 107–135 added par. (7) and redesignated former par. (7) as (8). 1999—Subsec. (b)(5) to (7). Pub. L. 106–117, § 111(b)(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Subsec. (d). Pub. L. 106–117, § 203, struck out par. (1) designation, substituted “each Department health care facility” for “each designated health care region” and “each facility” for “each region”, substituted “such facility” for “such region” in two places, and struck out par. (2) which read as follows: “In this subsection, the term ‘designated health care regions of the Department’ means the geographic areas designated by the Secretary for purposes of the management of, and allocation of resources for, health care services provided by the Department.”
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentAmendment by section 111(b)(1) of Pub. L. 106–117 effective 180 days after Nov. 30, 1999, see section 111(c) of Pub. L. 106–117, set out as an Effective Date note under section 1725 of this title.
Effective DateSection effective Oct. 1, 1997, see section 8023(g) of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1710 of this title.
Improvements for Recovery and Collection of Amounts for Department of Veterans Affairs Medical Care Collections FundPub. L. 112–154, title I, § 111, Aug. 6, 2012, 126 Stat. 1175, provided that: “(a) Development and Implementation of Plan for Recovery and Collection.—“(1) In general.—Not later than 270 days after the date of the enactment of this Act [Aug. 6, 2012], the Secretary of Veterans Affairs shall develop and implement a plan to ensure the recovery and collection of amounts under the provisions of law described in section 1729A(b) of title 38, United States Code, for deposit in the Department of Veterans Affairs Medical Care Collections Fund. “(2) Elements.—The plan required by paragraph (1) shall include the following:“(A) An effective process to identify billable fee claims. “(B) Effective and practicable policies and procedures that ensure recovery and collection of amounts described in section 1729A(b) of such title. “(C) The training of employees of the Department, on or before September 30, 2013, who are responsible for the recovery or collection of such amounts to enable such employees to comply with the process required by subparagraph (A) and the policies and procedures required by subparagraph (B). “(D) Fee revenue goals for the Department. “(E) An effective monitoring system to ensure achievement of goals described in subparagraph (D) and compliance with the policies and procedures described in subparagraph (B). “(b) Monitoring of Third-party Collections.—The Secretary shall monitor the recovery and collection of amounts from third parties (as defined in section 1729(i) of such title) for deposit in such fund.”
Medical Services AccountsPub. L. 108–447, div. I, title I, § 115, Dec. 8, 2004, 118 Stat. 3293, provided that: “(a) Hereafter receipts that would otherwise be credited to the accounts listed in subsection (c) shall be deposited into the Medical Care Collections Fund, and shall be transferred to and merged with the ‘Medical services’ account, in fiscal year 2005 and subsequent years, to remain available until expended, to carry out the purposes of the ‘Medical services’ account. “(b) The unobligated balances in the accounts listed in subsection (c), shall be transferred to and merged with the ‘Medical services’ account in fiscal year 2005 and subsequent years, and remain available until expended, to carry out the purposes of the ‘Medical services’ account: Provided, That the obligated balances in these accounts may be transferred to the ‘Medical services’ account at the discretion of the Secretary of Veterans Affairs and shall remain available until expended. “(c) Veterans Extended Care Revolving Fund; Medical Facilities Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing Home Revolving Fund; Veterans Health Services Improvement Fund; and Parking Revolving Fund.” Similar provisions were contained in the following prior appropriation act: Pub. L. 108–199, div. G, title I, § 115, Jan. 23, 2004, 118 Stat. 370.
Report on Implementation of Section 8023 of Pub. L. 105–33Pub. L. 105–33, title VIII, § 8023(f), Aug. 5, 1997, 111 Stat. 667, provided that: “Not later than January 1, 1999, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementation of this section [enacting this section, amending sections 712, 1710, 1722A, and 1729 of this title, and enacting provisions set out as notes under sections 712 and 1729 of this title]. The report shall describe the collections under each of the provisions specified in section 1729A(b) of title 38, United States Code, as added by subsection (a). Information on such collections shall be shown for each of the health service networks (known as Veterans Integrated Service Networks) and, to the extent practicable for each facility within each such network. The Secretary shall include in the report an analysis of differences among the networks with respect to (A) the market in which the networks operates, (B) the effort expended to achieve collections, (C) the efficiency of such effort, and (D) any other relevant information.”
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# 38 U.S.C. § 1729B - Consolidated patient accounting centers
## Text
(a) In General.— Not later than five years after the date of the enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department.
(b) Functions.— The centers shall carry out the following functions:
(1) Reengineer and integrate all business processes of the revenue cycle of the Department.
(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for non-service-connected medical conditions.
(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department.
(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.
(Added Pub. L. 110–387, title IV, § 406(a), Oct. 10, 2008, 122 Stat. 4129.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–387, which was approved Oct. 10, 2008.
Prior ProvisionsA prior section 1729B, added Pub. L. 106–117, title II, § 202(a), Nov. 30, 1999, 113 Stat. 1561; amended Pub. L. 107–103, title V, § 509(c), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107–330, title III, § 308(g)(7), Dec. 6, 2002, 116 Stat. 2829, related to the Department of Veterans Affairs Health Services Improvement Fund, prior to repeal by Pub. L. 108–7, div. K, title I, § 113(a)(1), Feb. 20, 2003, 117 Stat. 482.
Statutory Notes and Related Subsidiaries
Transfer of BalancePub. L. 108–7, div. K, title I, § 113(a)(1), Feb. 20, 2003, 117 Stat. 482, repealed former section 1729B of this title and provided that any balance as of Feb. 20, 2003, in the Department of Veterans Affairs Health Services Improvement Fund established under former section 1729B was to be transferred to the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title.
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# 38 U.S.C. § 1730 - Community residential care
## Text
(a) Subject to this section and regulations to be prescribed by the Secretary under this section, the Secretary may assist a veteran by referring such veteran for placement in, and aiding such veteran in obtaining placement in, a community residential-care facility if—
(1) at the time of initiating the assistance the Secretary—
(A) is furnishing the veteran medical services on an outpatient basis or hospital, domiciliary, or nursing home care; or
(B) has furnished the veteran such care or services within the preceding 12 months; and
(2) placement of the veteran in a community residential-care facility is appropriate.
(b) (1) The Secretary may not provide assistance under subsection (a) of this section with respect to a community residential-care facility unless such facility is approved by the Secretary for the purposes of this section.
(2) The Secretary’s approval of a facility for the purposes of this section shall be based upon the Secretary’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 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, 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.
(D) Such other criteria as the Secretary determines are appropriate to protect the welfare of veterans 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 whom the Secretary has referred to that facility under this section is not the responsibility of the United States or of the Department.
(c) (1) In order to determine continued compliance by community residential-care facilities that have been approved under subsection (b) of this section with the standards established in regulations prescribed under this section, the Secretary shall provide for periodic inspection of such facilities.
(2) If the Secretary determines that a facility is not in compliance with such standards, the Secretary (in accordance with regulations prescribed under this section)—
(A) shall cease to refer veterans to such facility; and
(B) may, with the permission of the veteran (or the person or entity authorized by law to give permission on behalf of the veteran), assist in removing a veteran 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 shall prescribe regulations to carry out this section. Such regulations shall include the standards required by subsection (b) of this section.
(e) (1) To the extent possible, the Secretary shall make available each report of an inspection of a community residential-care facility under subsection (b)(2) or (c)(1) of this section to each Federal, State, and local agency charged with the responsibility of licensing or otherwise regulating or inspecting such facility.
(2) The Secretary shall make the standards prescribed in regulations under subsection (d) of this section available to all Federal, State, 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 determines, in accordance with regulations prescribed under this section, are necessary for the health, safety, and welfare of residents.
(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
Amendments1991—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.
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# 38 U.S.C. § 1730A - Prohibition on collection of copayments from certain veterans
## Text
(a) Prohibition.— Notwithstanding subsections (f) and (g) of section 1710 and section 1722A(a) of this title or any other provision of law, the Secretary may not require a covered veteran to make any copayment for the receipt of hospital care or medical services under the laws administered by the Secretary.
(b) Covered Veteran Defined.— In this section, the term “covered veteran” means a veteran who—
(1) is catastrophically disabled, as defined by the Secretary; or
(2) is an Indian or urban Indian (as those terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)).
(Added Pub. L. 111–163, title V, § 511(a), May 5, 2010, 124 Stat. 1164; amended Pub. L. 116–315, title III, § 3002(a), Jan. 5, 2021, 134 Stat. 4990.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116–315 substituted “certain” for “catastrophically disabled” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “a covered veteran” for “a veteran who is catastrophically disabled, as defined by the Secretary,”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116–315, title III, § 3002(c), Jan. 5, 2021, 134 Stat. 4991, provided that: “The amendments made by this section [amending this section] shall take effect on the day that is one year after the date of the enactment of this Act [Jan. 5, 2021].”
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# 38 U.S.C. § 1730B - Access to State prescription drug monitoring programs
## Text
(a) Access to Programs.— (1) Any licensed health care provider or delegate of such a provider shall be considered an authorized recipient or user for the purpose of querying and receiving data from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, to support the safe and effective prescribing of controlled substances to covered patients.
(2) Under the authority granted by paragraph (1)—
(A) licensed health care providers or delegates of such providers shall query the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program, in accordance with applicable regulations and policies of the Veterans Health Administration; and
(B) notwithstanding any general or specific provision of law, rule, or regulation of a State, no State may restrict the access of licensed health care providers or delegates of such providers from accessing that State’s prescription drug monitoring programs.
(3) No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State’s qualifications for holding the license, registration, or certification on the basis that the licensed health care provider or delegate queried or received data, or attempted to query or receive data, from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, under this section.
(b) Covered Patients.— For purposes of this section, a covered patient is a patient who—
(1) receives a prescription for a controlled substance; and
(2) is not receiving palliative care or enrolled in hospice care.
(c) Definitions.— In this section:
(1) The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) The term “delegate” means a person or automated system accessing the national network of State-based prescription monitoring programs, or any individual State or regional prescription drug monitoring program, at the direction or under the supervision of a licensed health care provider.
(3) The term “licensed health care provider” means a health care provider employed by the Department who is licensed, certified, or registered within any State to fill or prescribe medications within the scope of his or her practice as a Department employee.
(4) The term “national network of State-based prescription monitoring programs” means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.
(5) The term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.
(Added Pub. L. 115–182, title I, § 134(a), June 6, 2018, 132 Stat. 1428; amended Pub. L. 115–251, title II, § 206, Sept. 29, 2018, 132 Stat. 3173.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a)(1). Pub. L. 115–251, § 206(1)(A), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”. Subsec. (a)(2)(A). Pub. L. 115–251, § 206(1)(B), substituted “the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program,” for “such network”. Subsec. (a)(3). Pub. L. 115–251, § 206(1)(C), which directed “inserting ‘, or any individual State or regional prescription drug monitoring program,’ after programs”, was executed by inserting the quoted text after “programs” as if that word had been enclosed in quotation marks in the directory language, to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 115–251, § 206(2), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”.
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# 38 U.S.C. § 1730C - Licensure of health care professionals providing treatment via telemedicine
## Text
(a) In General.— Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State or any of the Freely Associated States (as defined in section 1724(f) of this title), regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter.
(b) Covered Health Care Professionals.— For purposes of this section, a covered health care professional is any of the following individuals:
(1) A health care professional who—
(A) is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5;
(B) is authorized by the Secretary to provide health care under this chapter;
(C) is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; and
(D) (i) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional; or
(ii) with respect to a health care profession listed under section 7402(b) of this title, has the qualifications for such profession as set forth by the Secretary.
(2) A postgraduate health care employee who—
(A) is appointed under section 7401(1), 7401(3), or 7405 of this title or title 5 for any category of personnel described in paragraph (1) or (3) of section 7401 of this title;
(B) must obtain an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and
(C) is under the clinical supervision of a health care professional described in paragraph (1); or
(3) A health professions trainee who—
(A) is appointed under section 7405 or 7406 of this title; and
(B) is under the clinical supervision of a health care professional described in paragraph (1).
(c) Property of Federal Government.— Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment.
(d) Relation to State Law.— (1) The provisions of this section shall supersede any provisions of the law of any State to the extent that such provision of State law are inconsistent with this section.
(2) No State shall deny or revoke the license, registration, or certification of a covered health care professional who otherwise meets the qualifications of the State for holding the license, registration, or certification on the basis that the covered health care professional has engaged or intends to engage in activity covered by subsection (a).
(e) Rule of Construction.— Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.).
(f) State Defined.— In this section, the term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.
(Added Pub. L. 115–182, title I, § 151(a), June 6, 2018, 132 Stat. 1430; amended Pub. L. 116–283, div. H, title XCI, § 9101, Jan. 1, 2021, 134 Stat. 4780; Pub. L. 118–42, div. G, title II, § 209(a)(4)(B), Mar. 9, 2024, 138 Stat. 441.)
## Notes
Editorial Notes
References in TextThe Controlled Substances Act, referred to in subsec. (e), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
Amendments2024—Subsec. (a). Pub. L. 118–42 substituted “any State or any of the Freely Associated States (as defined in section 1724(f) of this title)” for “any State”. 2021—Subsec. (b). Pub. L. 116–283 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to who were considered covered health care professionals.
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# 38 U.S.C. § 1731 - Assistance to the Republic of the Philippines
## Text
The President is authorized to assist the Republic of the Philippines in fulfilling its responsibility in providing medical care and treatment for Commonwealth Army veterans and new Philippine Scouts in need of such care and treatment for service-connected disabilities and non-service-connected disabilities under certain conditions.
(Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 631; amended Pub. L. 97–72, title I, § 107(b), Nov. 3, 1981, 95 Stat. 1052; renumbered § 1731, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1731 was renumbered section 3531 of this title.
Amendments1991—Pub. L. 102–83 renumbered section 631 of this title as this section. 1981—Pub. L. 97–72 inserted “in fulfilling its responsibility” after “The President is authorized to assist the Republic of the Philippines”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1732 - Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center
## Text
(a) The President, with the concurrence of the Republic of the Philippines, may authorize the Secretary to enter into contracts with the Veterans Memorial Medical Center, with the approval of the appropriate department of the Government of the Republic of the Philippines, covering the period beginning on October 1, 1981, and ending on September 30, 1994, under which the United States—
(1) will provide for payments for hospital care and medical services (including nursing home care) in the Veterans Memorial Medical Center, as authorized by section 1724 of this title and on the terms and conditions set forth in such section, to eligible United States veterans at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; and
(2) may provide that payments for such hospital care and medical services provided to eligible United States veterans may consist in whole or in part of available medicines, medical supplies, and equipment furnished by the Secretary to the Veterans Memorial Medical Center at valuations therefor as determined by the Secretary, who may furnish such medicines, medical supplies, and equipment through the revolving supply fund pursuant to section 8121 of this title.
(b) (1) To further assure the effective care and treatment of United States veterans in the Veterans Memorial Medical Center, there is authorized to be appropriated for each fiscal year during the period beginning on October 1, 1981, and ending on September 30, 1990, the sum of $1,000,000 to be used by the Secretary for making grants to the Veterans Memorial Medical Center for the purpose of assisting the Republic of the Philippines in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of such center.
(2) Grants under this subsection shall be made on such terms and conditions as prescribed by the Secretary. Such terms and conditions may include a requirement of prior approval by the Secretary of the uses of the funds provided by such grants.
(3) Funds for such grants may be provided only from appropriations made to the Department for the specific purpose of making such grants.
(c) The Secretary may stop payments under a contract or grant under this section upon reasonable notice as stipulated by the contract or grant if the Republic of the Philippines and the Veterans Memorial Medical Center do not maintain the medical center in a well-equipped and effective operating condition as determined by the Secretary.
(d) (1) The authority of the Secretary to enter into contracts and to make grants under this section is effective for any fiscal year only to the extent that appropriations are available for that purpose.
(2) Appropriations made for the purpose of this section shall remain available until expended.
(Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 632; amended Pub. L. 94–581, title II, § 210(a)(14), Oct. 21, 1976, 90 Stat. 2863; Pub. L. 95–520, § 3(b), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97–72, title I, § 107(c)(1), Nov. 3, 1981, 95 Stat. 1052; Pub. L. 99–576, title II, § 206(a)(1), Oct. 28, 1986, 100 Stat. 3256; Pub. L. 100–687, div. B, title XV, § 1502(a), (b), Nov. 18, 1988, 102 Stat. 4132; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1732 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title III, § 304(a), Aug. 14, 1991, 105 Stat. 416; Pub. L. 102–585, title V, § 503, Nov. 4, 1992, 106 Stat. 4955.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1732 was renumbered section 3532 of this title.
Amendments1992—Subsec. (a). Pub. L. 102–585 substituted “September 30, 1994” for “September 30, 1992”. 1991—Pub. L. 102–83, § 5(a), renumbered section 632 of this title as this section. Subsec. (a). Pub. L. 102–86 amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “1992” for “1990”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “1724” for “624”. Subsec. (a)(2). Pub. L. 102–40, § 402(d)(1), substituted “8121” for “5021”. Subsec. (b)(1), (2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (b)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Subsecs. (c), (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. 1988—Subsecs. (a), (b)(1). Pub. L. 100–687 substituted “1990” for “1989” in subsec. (a) and substituted “1990” for “1989” and “$1,000,000” for “$500,000” in subsec. (b)(1). 1986—Subsecs. (a), (b)(1). Pub. L. 99–576 substituted “September 30, 1989” for “September 30, 1986”. 1981—Pub. L. 97–72 amended section generally, first by substituting Sept. 30, 1986, for Sept. 30, 1981, as the ending date for the period during which the President, with the concurrence of the Republic of the Philippines, may authorize the Administrator to enter into contracts with the Veterans Memorial Medical Center to provide for payments for hospital care and medical services, and by including nursing home care, for eligible United States veterans as authorized by and on the same conditions as set forth in section 624, with such care to consist in whole or in part of available medicines, medical supplies, and equipment furnished through the revolving supply fund, pursuant to section 5021, at valuations determined by the Administrator using available appropriations for payments and with the per diem rate for such care and services to be jointly determined annually by the two Governments as fair and reasonable, second by increasing from $50,000 to $500,000 per year the size of grants to replace and upgrade equipment and rehabilitate the Center’s physical plant, third by continuing the Administrator’s authority to stop payments in certain cases, and fourth by limiting the Administrator’s authority to contract for hospital care and to make grants for any fiscal year, to the extent that appropriations are available for that purpose. 1978—Subsec. (a). Pub. L. 95–520, § 3(b)(1), (2), substituted “Veterans Memorial Medical Center” for “Veterans Memorial Hospital” in introductory text and pars. (1), (2), (5), and (7), and in introductory text, substituted “enter into contracts” for “enter into a contract” and “September 30, 1981” for “June 30, 1978”. Subsec. (b). Pub. L. 95–520, § 3(b)(3), substituted “October 1, 1981” for “July 1, 1978”. Subsec. (c). Pub. L. 95–520, § 3(b)(1), substituted “Veterans Memorial Medical Center” for “Veterans Memorial Hospital”. Subsec. (d). Pub. L. 95–520, § 3(b)(1), (4), substituted “Veterans Memorial Medical Center” for “Veterans Memorial Hospital” in three places and “occurring during the period beginning July 1, 1973, and ending September 30, 1981” for “during the five years beginning July 1, 1973, and ending June 30, 1978”. 1976—Subsec. (d). Pub. L. 94–581 substituted “approval by the Administrator” for “approved by him”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective DateSection effective July 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
Savings ProvisionPub. L. 93–82, title I, § 107(c), Aug. 2, 1973, 87 Stat. 186, provided that section 107(a) of Pub. L. 93–82, enacting this section and section 631 [now 1731] of this title, did not affect any right, cause, obligation, contract (including the contract executed Apr. 25, 1967, between the Government of the Republic of the Philippines and the Government of the United States resulting from Pub. L. 89–612, which was to remain in effect until modified or superseded by an agreement executed under authority of Pub. L. 93–82), authorization of appropriation, grant, function, power, or duty vested by law or otherwise under this section in effect on the day before Aug. 2, 1973.
Ratification of Actions of Secretary of Veterans Affairs in Carrying Out This SectionPub. L. 102–86, title III, § 304(b), Aug. 14, 1991, 105 Stat. 416, provided that: “Any actions by the Secretary of Veterans Affairs in carrying out the provisions of section 632 [now 1732] of title 38, United States Code, by contract or otherwise, during the period beginning on October 1, 1990, and ending on the date of the enactment of this Act [Aug. 14, 1991] are hereby ratified.”
Ratification of Action of Administrator in ContractingPub. L. 99–576, title II, § 206(a)(2), Oct. 28, 1986, 100 Stat. 3256, ratified actions by the Administrator of Veterans’ Affairs in contracting under subsec. (a) of this section with respect to the period beginning Oct. 1, 1986, and ending Oct. 28, 1986.
Reports on Use of FundsPub. L. 99–576, title II, § 206(b), Oct. 28, 1986, 100 Stat. 3256, directed Administrator of Veterans’ Affairs, not later than Feb. 1, 1987, 1988, and 1989, to submit to Congress a report describing use of funds provided to Republic of the Philippines under subsec. (b) of this section during the preceding fiscal year.
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# 38 U.S.C. § 1733 - Supervision of program by the President
## Text
The President, or any officer of the United States to whom the President may delegate authority under this section, may from time to time prescribe such rules and regulations and impose such conditions on the receipt of financial aid as may be necessary to carry out this subchapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 633; Pub. L. 94–581, title II, § 210(a)(15), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1733, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1733 was renumbered section 3533 of this title. Another prior section 1733, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1198, as amended by Pub. L. 91–219, title II, § 206(b), Mar. 26, 1970, 84 Stat. 82; Pub. L. 91–584, § 12, Dec. 24, 1970, 84 Stat. 1577, related to measurement of courses, prior to the general amendment of this section by Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084. See section 3688 of this title.
Amendments1991—Pub. L. 102–83 renumbered section 633 of this title as this section. 1976—Pub. L. 94–581 substituted “the President” for “he” and struck out “his” before “authority”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Executive Documents
Ex. Ord. No. 11762. Delegation of Authority to Administrator of Veterans’ Affairs Relating to Grants-in-Aid to Republic of the Philippines for Medical Care and Treatment of Veterans Ex. Ord. No. 11762, Jan. 17, 1974, 39 F.R. 2347, provided: By virtue of the authority vested in me by section 633 [now 1733] of title 38 and by section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: Section 1. (a) Subject to the provisions of subsections (b) and (c) of this section, the Administrator of Veterans’ Affairs is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by sections 631, 632, 633, and 634 [now 1731, 1732, 1733, and 1734] of title 38 of the United States Code, as amended by section 107(a) of the Veterans Health Care Expansion Act of 1973 (Public Law 93–82; Stat. 184). (b) The Secretary of State shall negotiate the agreement, and any modifications thereby with the Republic of the Philippines required by the provisions of sections 631, 632, 633, and 634 [now 1731, 1732, 1733, and 1734] of title 38 of the United States Code. (c) All rules and regulations prescribed by the Administrator pursuant to the authority delegated to him by this order shall be subject to prior approval by the Director of the Office of Management and Budget. Sec. 2. Nothing in this order shall be construed as modifying or terminating any other authority heretofore delegated by the President to the Administrator of Veterans’ Affairs. Richard Nixon.
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# 38 U.S.C. § 1734 - Hospital and nursing home care and medical services in the United States
## Text
(a) The Secretary shall furnish hospital and nursing home care and medical services to any individual described in subsection (b) in the same manner, and subject to the same terms and conditions, as apply to the furnishing of such care and services to individuals who are veterans as defined in section 101(2) of this title. Any disability of an individual described in subsection (b) that is a service-connected disability for purposes of this subchapter (as provided for under section 1735(2) of this title) shall be considered to be a service-connected disability for purposes of furnishing care and services under the preceding sentence.
(b) Subsection (a) applies to any individual who is a Commonwealth Army veteran or new Philippine Scout and who—
(1) is residing in the United States; and
(2) is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence.
(Added Pub. L. 96–22, title I, § 106(a), June 13, 1979, 93 Stat. 53, § 634; renumbered § 1734 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–377, § 1(a)(1) [title V, § 501(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–57; Pub. L. 108–170, title I, § 103, Dec. 6, 2003, 117 Stat. 2044.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1734 was renumbered section 3534 of this title. Another prior section 1734, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199, as amended by Pub. L. 89–358, § 4(m), Mar. 3, 1966, 80 Stat. 25, related to overcharging of eligible persons by educational institutions, prior to the general amendment of this section by Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084. See section 3690 of this title.
Amendments2003—Pub. L. 108–170 amended text generally. Prior to amendment, text read as follows: “(a) The Secretary, within the limits of Department facilities, may furnish hospital and nursing home care and medical services to Commonwealth Army veterans and new Philippine Scouts for the treatment of the service-connected disabilities of such veterans and scouts. “(b) An individual who is in receipt of benefits under subchapter II or IV of chapter 11 of this title paid by reason of service described in section 107(a) of this title who is residing in the United States and who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States shall be eligible for hospital and nursing home care and medical services in the same manner as a veteran, and the disease or disability for which such benefits are paid shall be considered to be a service-connected disability for purposes of this chapter.” 2000—Pub. L. 106–377 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Pub. L. 102–83, § 5(a), renumbered section 634 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1979, see section 107 of Pub. L. 96–22, set out as an Effective Date of 1979 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1735 - Definitions
## Text
For the purposes of this subchapter—
(1) The term “Commonwealth Army veterans” means persons who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable. The term “new Philippine Scouts” means persons who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable.
(2) The term “service-connected disabilities” means disabilities determined by the Secretary under laws administered by the Secretary to have been incurred in or aggravated by the service described in paragraph (1) in line of duty.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 634; Pub. L. 89–612, § 3, Sept. 30, 1966, 80 Stat. 861; renumbered § 635, Pub. L. 96–22, title I, § 106(a), June 13, 1979, 93 Stat. 53; renumbered § 1735 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406.)
## Notes
Editorial Notes
References in TextSection 14 of the Armed Forces Voluntary Recruitment Act of 1945, referred to in par. (1), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted section 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.
Prior ProvisionsPrior sections 1735 and 1736 were renumbered sections 3535 and 3536 of this title, respectively. Another prior section 1736, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 88–126, § 3, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89–358, § 4(o), Mar. 3, 1966, 80 Stat. 25, related to discontinuance of the educational assistance allowance by the Administrator, prior to repeal by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3690 of this title. Prior section 1737 was renumbered section 3537 of this title. Another prior section 1737, added Pub. L. 93–508, title III, § 303(a), Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97–35, title XX, § 2005(c), Aug. 13, 1981, 95 Stat. 783, related to entitlement of any eligible person, before Oct. 1, 1981, to an education loan, prior to repeal by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174. Another prior section 1737 was renumbered section 1736 of this title. Prior section 1738, added Pub. L. 95–202, title II, § 201(b), Nov. 23, 1977, 91 Stat. 1437, related to accelerated payment of educational assistance allowances, prior to repeal by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174.
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 635 of this title as this section. Par. (2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “under”. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1966—Par. (1). Pub. L. 89–612 inserted definition of “new Philippine Scouts”.
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# 38 U.S.C. § 1742 - Inspections of such homes; restrictions on beneficiaries
## Text
(a) The Secretary may inspect any State home at such times as the Secretary deems necessary. No payment or grant may be made to any home under this subchapter unless such home is determined by the Secretary to meet such standards as the Secretary shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 1720(b) of this title.
(b) The Secretary may ascertain the number of persons on account of whom payments may be made under this subchapter on account of any State home, but shall have no authority over the management or control of any State home.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 642; Pub. L. 94–581, title I, § 107(a), title II, § 210(a)(16), Oct. 21, 1976, 90 Stat. 2847, 2863; renumbered § 1742 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1742 was renumbered section 3542 of this title.
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 642 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1976—Subsec. (a). Pub. L. 94–581 substituted “as the Administrator deems necessary” for “as he deems necessary” in existing provisions and inserted provision that no payment or grant may be made to any home under this subchapter unless such home is determined by the Administrator to meet such standards as the Administrator shall prescribe, which standards with respect to nursing home care shall be no less stringent than those prescribed pursuant to section 620(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 1743 - Applications
## Text
Payments on account of any veteran cared for in a State home shall be made under this subchapter only from the date the Secretary receives a request for determination of such veteran’s eligibility; however, if such request is received by the Secretary within ten days after care of such veteran begins, payments shall be made on account of such veteran from the date care began.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1147, § 643; Pub. L. 97–251, § 7, Sept. 8, 1982, 96 Stat. 716; renumbered § 1743 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1743 was renumbered section 3543 of this title.
Amendments1991—Pub. L. 102–83 renumbered section 643 of this title as this section and substituted “Secretary” for “Administrator” in two places. 1982—Pub. L. 97–251 struck out “of any war” after “Payments on account of any veteran”.
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# 38 U.S.C. § 1744 - Hiring and retention of nurses: payments to assist States
## Text
(a) Payment Program.— The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes.
(b) Eligible Recipients.— Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that fiscal year—
(1) receives per diem payments under this subchapter for that fiscal year; and
(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home.
(c) Use of Funds Received.— A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation.
(d) Limitations on Amount of Payment.— (1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other employee incentive program for which the payment is made.
(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year.
(e) Applications.— A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other employee incentive program described in subsection (c) for which the payment is sought.
(f) Source of Funds.— Payments under this section shall be made from funds available for other payments under this subchapter.
(g) Disbursement.— Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home.
(h) Use of Certain Receipts.— The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home’s incentive program account and credited as a non-Federal funding source.
(i) Annual Report From Payment Recipients.— Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous fiscal year in accordance with this subsection.
(j) Regulations.— The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.
(Added Pub. L. 108–422, title II, § 201(a)(1), Nov. 30, 2004, 118 Stat. 2380.)
## Notes
Statutory Notes and Related Subsidiaries
ImplementationPub. L. 108–422, title II, § 201(b), Nov. 30, 2004, 118 Stat. 2382, provided that: “The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than June 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.”
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# 38 U.S.C. § 1745 - Nursing home care, adult day health care, and medications for veterans with service-connected disabilities
## Text
(a) (1) The Secretary shall enter into a contract (or an agreement) with each State home for payment by the Secretary for nursing home care provided in the home, in any case in which such care is provided to any veteran as follows:
(A) Any veteran in need of such care for a service-connected disability.
(B) Any veteran who—
(i) has a service-connected disability rated at 70 percent or more; and
(ii) is in need of such care.
(2) Payment under each contract (or agreement) between the Secretary and a State home under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).
(3) Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.
(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 this subchapter.
(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) The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury to any veteran as follows:
(1) Any veteran who—
(A) is not being provided nursing home care for which payment is payable under subsection (a); and
(B) is in need of such drugs and medicines for a service-connected disability.
(2) Any veteran who—
(A) has a service-connected disability rated at 50 percent or more;
(B) is not being provided nursing home care for which payment is payable under subsection (a); and
(C) is in need of such drugs and medicines.
(3) Any veteran who has been determined by the Secretary to be catastrophically disabled, as defined in section 17.36(e) of title 38, Code of Federal Regulations, or successor regulations, and on whose behalf the Secretary is paying a per diem for nursing home or domiciliary care in a State home under this chapter.
(c) Any State home that requests payment or reimbursement for services provided to a veteran under this section shall provide to the Secretary such information as the Secretary considers necessary to identify each individual veteran eligible for payment under such section.
(d) (1) The Secretary shall enter into an agreement with each State home for payment by the Secretary for medical supervision model adult day health care provided to a veteran described in subsection (a)(1) on whose behalf the State home is not in receipt of payment for nursing home care from the Secretary.
(2) (A) Payment under each agreement between the Secretary and a State home under paragraph (1) for each veteran who receives medical supervision model adult day health care under such agreement shall be made at a rate established through regulations prescribed by the Secretary to adequately reimburse the State home for the care provided by the State home, including necessary transportation expenses.
(B) The Secretary shall consult with the State homes in prescribing regulations under subparagraph (A).
(C) The rate established through regulations under subparagraph (A) shall not take effect until the date that is 30 days after the date on which those regulations are published in the Federal Register.
(3) Payment by the Secretary under paragraph (1) to a State home for medical supervision model adult day health care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.
(4) In this subsection, the term “medical supervision model adult day health care” means adult day health care that includes the coordination of physician services, dental services, nursing services, the administration of drugs, and such other requirements as determined appropriate by the Secretary.
(Added and amended Pub. L. 109–461, title II, § 211(a)(1), (2), (b)(1), Dec. 22, 2006, 120 Stat. 3418, 3419; Pub. L. 112–154, title I, § 105(a), Aug. 6, 2012, 126 Stat. 1170; Pub. L. 115–159, § 2(a), Mar. 27, 2018, 132 Stat. 1244; Pub. L. 115–182, title I, § 103(a), June 6, 2018, 132 Stat. 1408; Pub. L. 115–251, title II, § 211(a)(9), Sept. 29, 2018, 132 Stat. 3175; Pub. L. 117–328, div. U, title I, § 162(b), Dec. 29, 2022, 136 Stat. 5430.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(4)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2022—Subsec. (b)(3). Pub. L. 117–328 added par. (3). 2018—Pub. L. 115–159, § 2(a)(2), inserted “, adult day health care,” after “home care” in section catchline. Subsec. (a)(1). Pub. L. 115–182, § 103(a)(1), substituted “(or an agreement)” for “(or agreement under section 1720(c)(1) of this title)” in introductory provisions. Subsec. (a)(4). Pub. L. 115–182, § 103(a)(2), added par. (4). Subsec. (a)(4)(B)(ii)(III). Pub. L. 115–251 substituted “this subchapter” for “subchapter V of chapter 17 of this title”. Subsec. (d). Pub. L. 115–159, § 2(a)(1), added subsec. (d). 2012—Subsec. (a)(1). Pub. L. 112–154, § 105(a)(1), substituted in introductory provisions “The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home” for “The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)”. Subsec. (a)(2). Pub. L. 112–154, § 105(a)(2), added par. (2) and struck out former par. (2) which read as follows: “The rate determined under this paragraph with respect to a State home is the lesser of— “(A) the applicable or prevailing rate payable in the geographic area in which the State home is located, as determined by the Secretary, for nursing home care furnished in a non-Department nursing home (as that term is defined in section 1720(e)(2) of this title); or “(B) a rate not to exceed the daily cost of care, as determined by the Secretary, following a report to the Secretary by the director of the State home.” 2006—Subsec. (b). Pub. L. 109–461, § 211(a)(2), added subsec. (b). Subsec. (c). Pub. L. 109–461, § 211(b)(1), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115–182, title I, § 103(b), June 6, 2018, 132 Stat. 1409, provided that: “The amendment made by subsection (a) [amending this section] 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.” Final rule implementing section 103 of Pub. L. 115–182 effective Jan. 13, 2020, see 84 F.R. 67868.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–154 applicable to care provided on or after the date that is 180 days after Aug. 6, 2012, with certain exceptions, see section 105(c) of Pub. L. 112–154, set out as a note under 1720 of this title.
Effective DateSection and amendment by section 211(a)(2) of Pub. L. 109–461 effective 90 days after Dec. 22, 2006, see section 211(a)(5) of Pub. L. 109–461, set out as an Effective Date of 2006 Amendment note under section 1710 of this title.
Initial RatePub. L. 115–159, § 2(b), Mar. 27, 2018, 132 Stat. 1245, provided that: “Before the Secretary of Veterans Affairs establishes a payment rate under subsection (d)(2)(A) of section 1745 of such title [meaning title 38, United States Code], as added by subsection (a), the Secretary shall pay to a State home that has entered into an agreement with the Secretary for medical supervision model adult day health care (as defined in subsection (d)(4) of such section) an amount equal to 65 percent of the rate the Secretary would pay under subsection (a)(2) of such section to the State home for nursing home care provided to the veteran.”
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# 38 U.S.C. § 1751 - Screening, counseling, and medical treatment
## Text
The Secretary is authorized to carry out a comprehensive program of providing sickle cell anemia screening, counseling, treatment, and information under the provisions of this chapter.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 651; renumbered § 1751 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83 renumbered section 651 of this title as this section and substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1752 - Research
## Text
The Secretary is authorized to carry out research and research training in the diagnosis, treatment, and control of sickle cell anemia based upon the screening examinations and treatment provided under this subchapter.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 652; renumbered § 1752 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83 renumbered section 652 of this title as this section and substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1753 - Voluntary participation; confidentiality
## Text
(a) The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title.
(b) Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 7332 of this title.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 653; amended Pub. L. 94–581, title I, § 111(b), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1753, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83 renumbered section 653 of this title as this section. Subsec. (b). Pub. L. 102–40 substituted “7332” for “4132”. 1976—Subsec. (b). Pub. L. 94–581 substituted “Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 4132 of this title” for “The Administrator shall promulgate rules and regulations to insure that all information and patient records prepared or obtained under this subchapter shall be held confidential except for (1) such information as the patient (or his guardian) requests in writing to be released or (2) statistical data compiled without reference to patient names or other identifying characteristics”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective DateSection effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1754 - Reports
## Text
The Secretary shall include in the annual report to the Congress required by section 529 of this title a comprehensive report on the administration of this subchapter, including such recommendations for additional legislation as the Secretary deems necessary.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 654; renumbered § 1754 and amended Pub. L. 102–83, §§ 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404–406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 654 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1761 to 1764 - Repealed. Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958]
## Notes
Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program.
Prior section 1761 was renumbered section 3561 of this title.
Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. Section 1762 of this title was transferred to section 1701(9) of this title by Pub. L. 102–585.
Prior section 1762 was renumbered section 3562 of this title.
Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of preventive health-care services under this subchapter.
Prior section 1763 was renumbered section 3563 of this title.
Another prior section 1763, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for control by agencies of the United States, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3682 of this title.
Section 1764, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 53, § 664; amended Pub. L. 98–160, title I, § 106(d), Nov. 21, 1983, 97 Stat. 999; renumbered § 1764 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406, directed Secretary to include comprehensive reports on administration of this subchapter in annual reports to Congress for fiscal years 1984 through 1988.
Prior section 1764, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for dismissal for conflict of interest, prior to repeal by Pub. L. 89–358, §§ 3(a)(3), 12(a), Mar. 3, 1966, 80 Stat. 20, 28, effective Mar. 3, 1966. See section 3683 of this title.
Prior section 1765 was renumbered section 3565 of this title.
Another prior section 1765, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, provided for reports by institutions, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3684 of this title.
Prior section 1766 was renumbered section 3566 of this title.
Another prior section 1766, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to overpayments to eligible persons, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3685 of this title.
Prior section 1767, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to examination of records, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20.
Prior section 1768, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to false or misleading statements, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20.
A prior section 1770 was renumbered section 3670 of this title.
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# 38 U.S.C. § 1771 to 1774 - Renumbered §§ 2031 to 2034]
## Notes
Editorial Notes
Codification Former subchapter VII of chapter 17, which consisted of sections 1771 to 1774, was renumbered subchapter IV of chapter 20 of this title and transferred to follow section 2023 of this title, and sections 1771 to 1774 were renumbered sections 2031 to 2034 of this title, respectively. A prior subchapter VII of this chapter, consisting of sections 1761 to 1764 of this title, related to preventive health care services pilot program, prior to repeal by Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958. Other prior sections 1771 to 1774 were renumbered sections 3671 to 3674 of this title, respectively. Prior sections 1775 to 1777 were renumbered sections 3675 to 3677 of this title, respectively. Another prior section 1777 was renumbered section 1778 of this title. Prior section 1778 was renumbered section 3678 of this title. Another prior section 1778 was renumbered section 1779 of this title. Prior sections 1779 and 1780 were renumbered sections 3679 and 3680 of this title, respectively.
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# 38 U.S.C. § 1781 - Medical care for survivors and dependents of certain veterans
## Text
(a) The Secretary is authorized to provide medical care, in accordance with the provisions of subsection (b) of this section, for—
(1) the spouse or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability,
(2) the surviving spouse or child of a veteran who (A) died as a result of a service-connected disability, or (B) at the time of death had a total disability permanent in nature, resulting from a service-connected disability,
(3) the surviving spouse or child of a person who died in the active military, naval, air, or space service in the line of duty and not due to such person’s own misconduct, and
(4) an individual designated as a primary provider of personal care services under section 1720G(a)(7)(A) of this title who is not entitled to care or services under a health-plan contract (as defined in section 1725(h) of this title),
who are not otherwise eligible for medical care under chapter 55 of title 10 (CHAMPUS).
(b) In order to accomplish the purposes of subsection (a) of this section, the Secretary shall provide for medical care in the same or similar manner and subject to the same or similar limitations as medical care is furnished to certain dependents and survivors of active duty and retired members of the Armed Forces under chapter 55 of title 10 (CHAMPUS), by—
(1) entering into an agreement with the Secretary of Defense under which that Secretary shall include coverage for such medical care under the contract, or contracts, that Secretary enters into to carry out such chapter 55, and under which the Secretary of Veterans Affairs shall fully reimburse the Secretary of Defense for all costs and expenditures made for the purposes of affording the medical care authorized pursuant to this section; or
(2) contracting in accordance with such regulations as the Secretary shall prescribe for such insurance, medical service, or health plans as the Secretary deems appropriate.
In cases in which Department medical facilities are equipped to provide the care and treatment, the Secretary is also authorized to carry out such purposes through the use of such facilities not being utilized for the care of eligible veterans. A dependent or survivor receiving care under the preceding sentence shall be eligible for the same medical services as a veteran, including services under sections 1782 and 1783 of this title.
(c) For the purposes of this section, a child between the ages of eighteen and twenty-three (1) who is eligible for benefits under subsection (a) of this section, (2) who is pursuing a full-time course of instruction at an educational institution approved under chapter 36 of this title, and (3) who, while pursuing such course of instruction, incurs a disabling illness or injury (including a disabling illness or injury incurred between terms, semesters, or quarters or during a vacation or holiday period) which is not the result of such child’s own willful misconduct and which results in such child’s inability to continue or resume such child’s chosen program of education at an approved educational institution shall remain eligible for benefits under this section until the end of the six-month period beginning on the date the disability is removed, the end of the two-year period beginning on the date of the onset of the disability, or the twenty-third birthday of the child, whichever occurs first.
(d) (1) (A) An individual otherwise eligible for medical care under this section who is also entitled to hospital insurance benefits under part A of the medicare program is eligible for medical care under this section only if the individual is also enrolled in the supplementary medical insurance program under part B of the medicare program.
(B) The limitation in subparagraph (A) does not apply to an individual who—
(i) has attained 65 years of age as of June 5, 2001; and
(ii) is not enrolled in the supplementary medical insurance program under part B of the medicare program as of that date.
(2) Subject to paragraph (3), if an individual described in paragraph (1) receives medical care for which payment may be made under both this section and the medicare program, the amount payable for such medical care under this section shall be the amount by which (A) the costs for such medical care exceed (B) the sum of—
(i) the amount payable for such medical care under the medicare program; and
(ii) the total amount paid or payable for such medical care by third party payers other than the medicare program.
(3) The amount payable under this subsection for medical care may not exceed the total amount that would be paid under subsection (b) if payment for such medical care were made solely under subsection (b).
(4) In this subsection:
(A) The term “medicare program” means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(B) The term “third party” has the meaning given that term in section 1729(i)(3) of this title.
(e) Payment by the Secretary under this section on behalf of a covered beneficiary for medical care shall constitute payment in full and extinguish any liability on the part of the beneficiary for that care.
(Added Pub. L. 93–82, title I, § 103(b), Aug. 2, 1973, 87 Stat. 181, § 613; amended Pub. L. 94–581, title I, § 104, title II, § 210(a)(4), Oct. 21, 1976, 90 Stat. 2845, 2862; Pub. L. 96–151, title II, § 205(a), Dec. 20, 1979, 93 Stat. 1094; Pub. L. 97–72, title I, § 105, Nov. 3, 1981, 95 Stat. 1050; Pub. L. 97–251, § 5(a), Sept. 8, 1982, 96 Stat. 716; renumbered § 1713 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(B), (E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–190, div. A, title VII, § 704(b)(2), Dec. 5, 1991, 105 Stat. 1402; Pub. L. 107–14, § 3, June 5, 2001, 115 Stat. 25; renumbered § 1781 and amended Pub. L. 107–135, title II, § 208(c), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 107–330, title III, § 308(g)(8), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 111–163, title I, § 102, title V, § 503, May 5, 2010, 124 Stat. 1139, 1157; Pub. L. 114–58, title VI, § 601(7), Sept. 30, 2015, 129 Stat. 538; Pub. L. 116–283, div. A, title IX, § 926(a)(30), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–328, div. U, title I, § 142(c)(4), Dec. 29, 2022, 136 Stat. 5424.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (d)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsA prior section 1781 was renumbered section 3681 of this title.
Amendments2022—Subsec. (a)(4). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”. 2021—Subsec. (a)(3). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2015—Subsec. (a)(4). Pub. L. 114–58 substituted “title),” for “title);”. 2010—Subsec. (a)(4). Pub. L. 111–163, § 102, added par. (4). Subsec. (e). Pub. L. 111–163, § 503, added subsec. (e). 2002—Pub. L. 107–135, § 208(c)(1), (2), renumbered section 1713 of this title as this section. Subsec. (b). Pub. L. 107–135, § 208(c)(3), inserted at end “A dependent or survivor receiving care under the preceding sentence shall be eligible for the same medical services as a veteran, including services under sections 1782 and 1783 of this title.” Subsec. (d)(1)(B)(i). Pub. L. 107–330, § 308(g)(8)(A), substituted “as of June 5, 2001” for “as of the date of the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001”. Subsec. (d)(4). Pub. L. 107–330, § 308(g)(8)(B), substituted “subsection” for “paragraph” in introductory provisions. 2001—Subsec. (d). Pub. L. 107–14 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding section 1086(d)(1) of title 10 or any other provision of law, any spouse, surviving spouse, or child who, after losing eligibility for medical care under this section by virtue of becoming entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), has exhausted any such benefits shall become eligible for medical care under this section and shall not thereafter lose such eligibility under this section by virtue of becoming again eligible for such hospital insurance benefits.” 1991—Pub. L. 102–83, § 5(a), renumbered section 613 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Subsec. (b). Pub. L. 102–83, § 4(b)(2)(B), substituted “that Secretary” for second and third references to “the Secretary” and “the Secretary of Defense” for last reference to “the Secretary” in par. (1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in introductory and concluding provisions and in par. (2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in concluding provisions. Subsec. (d). Pub. L. 102–190 substituted “section 1086(d)(1)” for “the second sentence of section 1086(c)”. 1982—Subsec. (d). Pub. L. 97–251 added subsec. (d). 1981—Subsec. (b). Pub. L. 97–72 substituted “equipped to provide the care and treatment” for “particularly equipped to provide the most effective care and treatment” in provisions following par. (2). 1979—Subsec. (a). Pub. L. 96–151, § 205(a)(1), in cl. (1) substituted reference to spouse for reference to wife, in cl. (2) substituted reference to surviving spouse for reference to widow, and added cl. (3). Subsec. (c). Pub. L. 96–151, § 205(a)(2), added subsec. (c). 1976—Subsec. (a)(2). Pub. L. 94–581, § 104, designated existing provisions as cl. (A) and added cl. (B). Subsec. (b)(1). Pub. L. 94–581, § 210(a)(4)(A), substituted “the Secretary enters” for “he enters”. Subsec. (b)(2). Pub. L. 94–581, § 210(a)(4)(B), substituted “the Administrator” for “he” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentPub. L. 97–251, § 5(b), Sept. 8, 1982, 96 Stat. 716, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1982.”
Effective Date of 1979 AmendmentPub. L. 96–151, title II, § 205(b), Dec. 20, 1979, 93 Stat. 1095, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to fiscal year 1980 only to such extent and for such amounts as may be specifically provided for such purpose in appropriation Acts.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective DateSection effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
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# 38 U.S.C. § 1782 - Counseling, training, and mental health services for immediate family members and caregivers
## Text
(a) Counseling for Family Members of Veterans Receiving Service-Connected Treatment.— In the case of a veteran who is receiving treatment for a service-connected disability pursuant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.
(b) Counseling for Family Members of Veterans Receiving Non-Service-Connected Treatment.— In the case of a veteran who is eligible to receive treatment for a non-service-connected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.
(c) Eligible Individuals.— Individuals who may be provided services under this subsection are—
(1) the members of the immediate family or the legal guardian of a veteran;
(2) a family caregiver of an eligible veteran or a caregiver of a covered veteran (as those terms are defined in section 1720G of this title); or
(3) the individual in whose household such veteran certifies an intention to live.
(d) Travel and Transportation Authorized.— Services provided under subsections (a) and (b) may include, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the following:
(1) A veteran who is receiving care for a service-connected disability.
(2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2462; amended Pub. L. 110–387, title III, § 301(a)(2), Oct. 10, 2008, 122 Stat. 4120; Pub. L. 111–163, title I, § 103(a), (b), May 5, 2010, 124 Stat. 1139, 1140.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1782 was renumbered section 3682 of this title.
Amendments2010—Pub. L. 111–163, § 103(b), inserted “and caregivers” after “members” in section catchline. Subsec. (c)(2), (3). Pub. L. 111–163, § 103(a), added par. (2) and redesignated former par. (2) as (3). 2008—Subsec. (a). Pub. L. 110–387, § 301(a)(2)(A), inserted “marriage and family counseling,” after “professional counseling,”. Subsec. (b). Pub. L. 110–387, § 301(a)(2)(B), inserted “marriage and family counseling,” after “professional counseling,” and substituted period at end for “if— “(1) those services were initiated during the veteran’s hospitalization; and “(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital.”
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# 38 U.S.C. § 1783 - Bereavement counseling
## Text
(a) Deaths of Veterans.— In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death—
(1) that was unexpected; or
(2) that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary.
(b) Deaths In Active Service.— (1) The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, air, or space service in the line of duty and under circumstances not due to the person’s own misconduct.
(2) For purposes of this subsection, the members of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member.
(c) Provision of Counseling Through Vet Centers.— Bereavement counseling may be provided under this section through the facilities and personnel of centers for the provision of readjustment counseling and related mental health services under section 1712A of this title.
(d) Bereavement Counseling Defined.— For purposes of this section, the term “bereavement counseling” means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463; amended Pub. L. 109–461, title II, § 216, Dec. 22, 2006, 120 Stat. 3424; Pub. L. 116–283, div. A, title IX, § 926(a)(31), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1783 was renumbered section 3683 of this title.
Amendments2021—Subsec. (b)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2006—Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2). Subsecs. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d).
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# 38 U.S.C. § 1784 - Humanitarian care
## Text
The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1784 was renumbered section 3684 of this title.
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# 38 U.S.C. § 1784A - Examination and treatment for emergency medical conditions and women in labor
## Text
(a) In General.— In the case of a hospital of the Department that has an emergency department, if any individual comes to the hospital or the campus of the hospital and a request is made on behalf of the individual for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition exists.
(b) Necessary Stabilizing Treatment for Emergency Medical Conditions and Labor.— (1) If any individual comes to a hospital of the Department that has an emergency department or the campus of such a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either—
(A) within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition; or
(B) for transfer of the individual to another medical facility in accordance with subsection (c).
(2) A hospital is deemed to meet the requirement of paragraph (1)(A) with respect to an individual if the hospital offers the individual the further medical examination and treatment described in that paragraph and informs the individual (or a person acting on behalf of the individual) of the risks and benefits to the individual of such examination and treatment, but the individual (or a person acting on behalf of the individual) refuses to consent to the examination and treatment. The hospital shall take all reasonable steps to secure the written informed consent of the individual (or person) to refuse such examination and treatment.
(3) A hospital is deemed to meet the requirement of paragraph (1)(B) with respect to an individual if the hospital offers to transfer the individual to another medical facility in accordance with subsection (c) and informs the individual (or a person acting on behalf of the individual) of the risks and benefits to the individual of such transfer, but the individual (or a person acting on behalf of the individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written informed consent of the individual (or person) to refuse such transfer.
(c) Restricting Transfers Until Individual Stabilized.— (1) If an individual at a hospital of the Department has an emergency medical condition that has not been stabilized, the hospital may not transfer the individual unless—
(A) (i) the individual (or a legally responsible person acting on behalf of the individual), after being informed of the obligations of the hospital under this section and of the risk of transfer, requests, in writing, transfer to another medical facility;
(ii) a physician of the Department has signed a certification that, based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the individual and, in the case of labor, to the unborn child from effecting the transfer; or
(iii) if a physician of the Department is not physically present in the emergency department at the time an individual is transferred, a qualified medical person (as defined by the Secretary for purposes of this section) has signed a certification described in clause (ii) after a physician of the Department, in consultation with the person, has made the determination described in such clause, and subsequently countersigns the certification; and
(B) the transfer is an appropriate transfer to that facility.
(2) A certification described in clause (ii) or (iii) of paragraph (1)(A) shall include a summary of the risks and benefits upon which the certification is based.
(3) For purposes of paragraph (1)(B), an appropriate transfer to a medical facility is a transfer—
(A) in which the transferring hospital provides the medical treatment within its capacity that minimizes the risks to the health of the individual and, in the case of a woman in labor, the health of the unborn child;
(B) in which the receiving facility—
(i) has available space and qualified personnel for the treatment of the individual; and
(ii) has agreed to accept transfer of the individual and to provide appropriate medical treatment;
(C) in which the transferring hospital sends to the receiving facility all medical records (or copies thereof) available at the time of the transfer relating to the emergency medical condition for which the individual has presented, including—
(i) observations of signs or symptoms;
(ii) preliminary diagnosis;
(iii) treatment provided;
(iv) the results of any tests; and
(v) the informed written request or certification (or copy thereof) provided under paragraph (1)(A);
(D) in which the transfer is effected through qualified personnel and transportation equipment, including the use of necessary and medically appropriate life support measures during the transfer; and
(E) that meets such other requirements as the Secretary considers necessary in the interest of the health and safety of the individual or individuals transferred.
(d) Payment to the Department.— The Secretary shall charge for any care or services provided under this section in accordance with billing and reimbursement authorities available to the Secretary under other provisions of law.
(e) Definitions.— In this section:
(1) The term “campus” means, with respect to a hospital of the Department—
(A) the physical area immediately adjacent to the main buildings of the hospital;
(B) other areas and structures that are not strictly contiguous to the main buildings but are located not more than 250 yards from the main buildings; and
(C) any other areas determined by the Secretary to be part of the campus of the hospital.
(2) The term “emergency medical condition” means—
(A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—
(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part; or
(B) in the case of a pregnant woman, a stage of labor that a medical provider determines indicates—
(i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or
(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.
(3) (A) The term “to stabilize” means—
(i) with respect to an emergency medical condition described in paragraph (2)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility; or
(ii) with respect to an emergency medical condition described in paragraph (2)(B), to deliver (including the placenta).
(B) The term “stabilized” means—
(i) with respect to an emergency medical condition described in paragraph (2)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility; or
(ii) with respect to an emergency medical condition described in paragraph (2)(B), that the woman has delivered (including the placenta).
(4) The term “transfer” means the movement (including the discharge) of an individual outside the facilities of a hospital of the Department at the direction of any person employed by (or affiliated or associated, directly or indirectly, with) the hospital, but does not include such a movement of an individual who—
(A) has been declared dead; or
(B) leaves the facility without the permission of any such person.
(Added Pub. L. 114–315, title VI, § 606(a), Dec. 16, 2016, 130 Stat. 1572.)
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# 38 U.S.C. § 1785 - Care and services during certain disasters and emergencies
## Text
(a) Authority To Provide Hospital Care and Medical Services.— During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency.
(b) Covered Disasters and Emergencies.— A disaster or emergency referred to in this subsection is any disaster or emergency as follows:
(1) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh) 11 See References in Text note below. is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law.
(c) Applicability to Eligible Individuals Who Are Veterans.— The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under section 1705 of this title.
(d) Reimbursement From Other Federal Departments and Agencies.— (1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such department or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service furnished.
(2) Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under section 1729A of this title.
(e) Report to Congressional Committees.— Within 60 days of the commencement of a disaster or emergency referred to in subsection (b) in which the Secretary furnishes care and services under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to furnish such care and services.
(f) Regulations.— The Secretary shall prescribe regulations governing the exercise of the authority of the Secretary under this section.
(Added Pub. L. 107–287, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2028; amended Pub. L. 109–444, § 8(a)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(a)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 111–275, title X, § 1001(c)(2), Oct. 13, 2010, 124 Stat. 2896.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. Section 2812 of the Public Health Service Act, referred to in subsec. (b)(2), is classified to section 300hh–11 of Title 42, The Public Health and Welfare.
Prior ProvisionsA prior section 1785 was renumbered section 3685 of this title.
Amendments2010—Subsec. (b)(2). Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and struck out “paragraph (3)(A) of” before “that section”. 2006—Subsec. (b)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title. Pub. L. 109–461, § 1004(a)(2), substituted “Robert T.” for “Robert B.”. Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42. For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 38 U.S.C. § 1786 - Care for newborn children of women veterans receiving maternity care
## Text
(a) In General.— Except as provided in subsection (c), the Secretary may furnish health care services described in subsection (b) and transportation necessary to receive such services to a newborn child of a woman veteran who is receiving maternity care furnished by the Department for not more than seven days after the birth of the child if the veteran delivered the child in—
(1) a facility of the Department;
(2) another facility pursuant to a Department contract for services relating to such delivery; or
(3) another location, including a health care facility, if the veteran delivers the child before arriving at a facility described in paragraph (1) or (2).
(b) Covered Health Care Services.— Health care services described in this subsection are all post-delivery care services, including routine care services, that a newborn child requires, including necessary health care services provided by a facility other than the facility where the newborn child was delivered (including a specialty pediatric hospital) that accepts transfer of the newborn child and responsibility for treatment of the newborn child.
(c) Exception Based on Medical Necessity.— Pursuant to such regulations as the Secretary shall prescribe to carry out this section, the Secretary may furnish more than seven days of health care services described in subsection (b), and may furnish transportation necessary to receive such services, to a newborn child based on medical necessity if the child is in need of additional care, including if the child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare of the child.
(d) Transportation.— (1) Transportation furnished under subsection (a) to, from, or between care settings to meet the needs of a newborn child includes costs for either or both the newborn child and parents.
(2) Transportation furnished under subsection (a) includes transportation by ambulance, including air ambulance, or other appropriate medically staffed modes of transportation—
(A) to another health care facility (including a specialty pediatric hospital) that accepts transfer of the newborn child or otherwise provides post-delivery care services when the treating facility is not capable of furnishing the care or services required; or
(B) to a health care facility in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health.
(3) Amounts paid by the Department for transportation under this section shall be derived from the Medical Services appropriations account of the Department.
(e) Reimbursement or Payment for Health Care Services or Transportation.— (1) Pursuant to regulations the Secretary shall prescribe to establish rates of reimbursement and any limitations thereto under this section, the Secretary shall directly reimburse a covered entity for health care services or transportation services provided under this section, unless the cost of the services or transportation is covered by an established agreement or contract. If such an agreement or contract exists, its negotiated payment terms shall apply.
(2) (A) Reimbursement or payment by the Secretary under this section on behalf of an individual to a covered entity shall, unless rejected and refunded by the covered entity within 30 days of receipt, extinguish any liability on the part of the individual for the health care services or transportation covered by such payment.
(B) Neither the absence of a contract or agreement between the Secretary and a covered entity nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirements of subparagraph (A).
(3) In this subsection, the term “covered entity” means any individual, transportation carrier, organization, or other entity that furnished or paid for health care services or transportation under this section.
(Added Pub. L. 111–163, title II, § 206(a), May 5, 2010, 124 Stat. 1145; amended Pub. L. 116–283, div. H, title XCI, § 9102, Jan. 1, 2021, 134 Stat. 4781; Pub. L. 116–315, title III, § 3006(a), Jan. 5, 2021, 134 Stat. 4994.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1786 was renumbered section 3686 of this title. Another prior section 1786, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, related to the examination of records, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title.
Amendments2021—Subsec. (a). Pub. L. 116–315, § 3006(a)(1)(A), inserted “and transportation necessary to receive such services” after “described in subsection (b)” in introductory provisions. Pub. L. 116–283, § 9102(1), substituted “Except as provided in subsection (c), the Secretary” for “The Secretary” in introductory provisions. Subsec. (a)(3). Pub. L. 116–315, § 3006(a)(1)(B)–(D), added par. (3). Subsec. (b). Pub. L. 116–315, § 3006(a)(2), inserted before period at end “, including necessary health care services provided by a facility other than the facility where the newborn child was delivered (including a specialty pediatric hospital) that accepts transfer of the newborn child and responsibility for treatment of the newborn child”. Subsec. (c). Pub. L. 116–283, § 9102(2), added subsec. (c). Subsecs. (d), (e). Pub. L. 116–315, § 3006(a)(3), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Treatment of Certain Expenses Already IncurredPub. L. 116–315, title III, § 3006(b), Jan. 5, 2021, 134 Stat. 4995, provided that: “(1) In general.—Pursuant to such regulations as the Secretary of Veterans Affairs shall prescribe, with respect to transportation furnished in order for a newborn child of a veteran to receive health care services under section 1786 of title 38, United States Code, during the period specified in paragraph (2), the Secretary may—“(A) waive a debt owed by the veteran to the Department of Veterans Affairs or reimburse expenses already paid by the veteran to the Department for such transportation; “(B) reimburse the veteran for expenses already paid by the veteran to a covered entity for such transportation; or “(C) reimburse a covered entity for the costs of such transportation. “(2) Period specified.—The period specified in this paragraph is the period beginning on May 5, 2010, and ending on the date of the enactment of this Act [Jan. 5, 2021]. “(3) Covered entity defined.—In this subsection, the term ‘covered entity’ has the meaning given that term in section 1786(e)(3) of title 38, United States Code, as added by subsection (a).”
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# 38 U.S.C. § 1787 - Health care of family members of veterans stationed at Camp Lejeune, North Carolina
## Text
(a) In General.— Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.
(b) Limitations.— (1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.
(2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.
(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(h) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).
(Added Pub. L. 112–154, title I, § 102(b)(1), Aug. 6, 2012, 126 Stat. 1168; amended Pub. L. 117–328, div. U, title I, § 142(c)(5), Dec. 29, 2022, 136 Stat. 5424.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1787 was renumbered section 3687 of this title. Another prior section 1787, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, related to the submission of false or misleading statements by educational institutions, persons or veterans, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title. Prior section 1788 was renumbered section 3688 of this title. Another prior section 1788 was renumbered section 3692 of this title. Prior section 1789 was renumbered section 3689 of this title. Another prior section 1789, which required the Administrator not to approve of enrollments in courses in institutions listed by the Attorney General under section 12 of Ex. Ord. No. 10450, was renumbered section 1793 of this title. Prior section 1790 was renumbered section 3690 of this title. Another prior section 1790 was renumbered section 3694 of this title. Prior section 1791 was renumbered section 3691 of this title. Another prior section 1791 was renumbered section 3695 of this title. Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively. Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Administrator not to approve of enrollment in any course in an institution listed by the Attorney General under section 12 of Executive Order 10450, prior to repeal by section 511(1) of Pub. L. 94–502. Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed.
Amendments2022—Subsec. (b)(3). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Aug. 6, 2012, and applicable with respect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title.
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---
type: "LegalText"
title: "38 U.S.C. § 1788"
description: "Transplant procedures with live donors and related services"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS’ BENEFITS"
chapter_number: "17"
chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1788"
citation: "38 U.S.C. § 1788"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s1788"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1788 - Transplant procedures with live donors and related services
## Text
(a) In General.— Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department.
(b) Other Services.— Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure.
(c) Use of Non-Department Facilities.— In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.
(Added Pub. L. 115–182, title I, § 153(a), June 6, 2018, 132 Stat. 1437; amended Pub. L. 115–251, title II, § 211(a)(10), Sept. 29, 2018, 132 Stat. 3175.)
## Notes
Editorial Notes
Amendments2018—Subsec. (c). Pub. L. 115–251 substituted “this title” for “this chapter”.
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---
type: "LegalText"
title: "38 U.S.C. § 1789"
description: "Mental health services for members of the reserve components of the Armed Forces"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS’ BENEFITS"
chapter_number: "17"
chapter_name: "HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE"
section: "1789"
citation: "38 U.S.C. § 1789"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s1789"
source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1789 - Mental health services for members of the reserve components of the Armed Forces
## Text
The Secretary, in consultation with the Secretary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces.
(Added Pub. L. 116–283, div. A, title VII, § 763(a), Jan. 1, 2021, 134 Stat. 3725.)