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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 1710E Traumatic brain injury: use of non-Department facilities for rehabilitation us united_states_code code_section 38 VETERANS BENEFITS 17 HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE 1710E 38 U.S.C. § 1710E current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s1710E data/legal/raw/us/code/title-38/usc38.xml d62176e6fd034bafcffecd411b8e61493715c7abd16717653a887c3d9030fde6 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 145da42259501b93f3a3e810e83524df57589a7c349525d25de4588e109b4a95 2026-07-04 official
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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. 110181, div. A, title XVII, § 1703(a), Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111163, title V, § 509, May 5, 2010, 124 Stat. 1162; Pub. L. 112154, 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. 106402, 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. 112154, § 107(c), inserted “, including rehabilitative services (as defined in section 1710C of this title),” after “medical services”. 2010—Subsecs. (b) to (d). Pub. L. 111163 added subsecs. (b) and (d) and redesignated former subsec. (b) as (c).