US (United States) Code. Title 38. Part II. Chapter 17: Hospital, nursing home, domiciliary, and medical care

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 90 páginas
publicidad

-CITE-

38 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1721. Power to make rules and regulations

-STATUTE-

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).

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 621; Pub. L.

94-581, title II, Secs. 202(j), 210(a)(8), Oct. 21, 1976, 90 Stat.

2856, 2863; Pub. L. 100-322, title I, Sec. 133, May 20, 1988, 102

Stat. 507; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991,

105 Stat. 239; renumbered Sec. 1721 and amended Pub. L. 102-83,

Secs. 2(c)(1), 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991,

105 Stat. 402, 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1721 was renumbered section 3521 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 621 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-83, Sec. 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, Secs. 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, Sec. 202(j), substituted "hospital,

nursing home, and domiciliary care" for "hospital and domiciliary

care".

Cl. (3). Pub. L. 94-581, Secs. 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".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1722. Determination of inability to defray necessary expenses;

income thresholds

-STATUTE-

(a) For the purposes of section 1710(a)(2)(G) of this title, a

veteran shall be considered to be unable to defray the expenses of

necessary care if -

(1) the veteran is eligible to receive medical assistance under

a State plan approved under title XIX of the Social Security Act

(42 U.S.C. 1396 et seq.);

(2) the veteran is in receipt of pension under section 1521 of

this title; or

(3) the veteran's attributable income is not greater than the

amount set forth in subsection (b).

(b)(1) For purposes of subsection (a)(3), the income threshold

for the calendar year beginning on January 1, 1990, is -

(A) $17,240 in the case of a veteran with no dependents; and

(B) $20,688 in the case of a veteran with one dependent, plus

$1,150 for each additional dependent.

(2) For a calendar year beginning after December 31, 1990, the

amounts in effect for purposes of this subsection shall be the

amounts in effect for the preceding calendar year as adjusted under

subsection (c) of this section.

(c) Effective on January 1 of each year, the amounts in effect

under subsection (b) of this section shall be increased by the

percentage by which the maximum rates of pension were increased

under section 5312(a) of this title during the preceding calendar

year.

(d)(1) Notwithstanding the attributable income of a veteran, the

Secretary may refuse to make a determination described in paragraph

(2) of this subsection if the corpus of the estate of the veteran

is such that under all the circumstances it is reasonable that some

part of the corpus of the estate of the veteran be consumed for the

veteran's maintenance.

(2) A determination described in this paragraph is a

determination that for purposes of subsection (a)(3) of this

section a veteran's attributable income is not greater than the

amount determined under subsection (b) of this section.

(3) For the purposes of paragraph (1) of this subsection, the

corpus of the estate of a veteran shall be determined in the same

manner as the manner in which determinations are made of the corpus

of the estates of persons under section 1522 of this title.

(e)(1) In order to avoid a hardship to a veteran described in

paragraph (2) of this subsection, the Secretary may deem the

veteran to have an attributable income during the previous year not

greater than the amount determined under subsection (b) of this

section.

(2) A veteran is described in this paragraph for the purposes of

subsection (a) of this section if -

(A) the veteran has an attributable income greater than the

amount determined under subsection (b) of this section; and

(B) the current projections of such veteran's income for the

current year are that the veteran's income for such year will be

substantially below the amount determined under subsection (b).

(f) For purposes of this section:

(1) The term "attributable income" means the income of a

veteran for the previous year determined in the same manner as

the manner in which a determination is made of the total amount

of income by which the rate of pension for such veteran under

section 1521 of this title would be reduced if such veteran were

eligible for pension under that section.

(2) The term "corpus of the estate of the veteran" includes the

corpus of the estates of the veteran's spouse and dependent

children, if any.

(3) The term "previous year" means the calendar year preceding

the year in which the veteran applies for care or services under

section 1710(a) of this title.

(g) For the purposes of section 1724(c) of this title, the fact

that a veteran is -

(1) eligible to receive medical assistance under a State plan

approved under title XIX of the Social Security Act (42 U.S.C.

1396 et seq.);

(2) a veteran with a service-connected disability; or

(3) in receipt of pension under any law administered by the

Secretary,

shall be accepted as sufficient evidence of such veteran's

inability to defray necessary expenses.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 622; Pub. L.

89-612, Sec. 1, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-500, Sec.

1, Oct. 22, 1970, 84 Stat. 1096; Pub. L. 94-581, title II, Secs.

202(k), 210(a)(9), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L.

96-330, title IV, Sec. 401(a), Aug. 26, 1980, 94 Stat. 1051; Pub.

L. 99-272, title XIX, Sec. 19011(c)(1), Apr. 7, 1986, 100 Stat.

376; Pub. L. 100-322, title I, Sec. 102(b), May 20, 1988, 102 Stat.

493; Pub. L. 101-508, title VIII, Sec. 8013(c), Nov. 5, 1990, 104

Stat. 1388-346; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7,

1991, 105 Stat. 239; renumbered Sec. 1722 and amended Pub. L.

102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 403-406; Pub. L. 104-262, title I, Sec. 101(d)(9), Oct.

9, 1996, 110 Stat. 3180.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(1) and

(g)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Title XIX of the Social Security Act is classified generally to

subchapter XIX (Sec. 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.

-MISC1-

PRIOR PROVISIONS

Prior section 1722, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196,

related to change of program by eligible person, prior to repeal by

Pub. L. 92-540, title IV, Sec. 402(2), Oct. 24, 1972, 86 Stat.

1090. See section 3691 of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-262, Sec. 101(d)(9)(A),

substituted "section 1710(a)(2)(G)" for "section 1710(a)(1)(I)" in

introductory provisions.

Subsec. (f)(3). Pub. L. 104-262, Sec. 101(d)(9)(B), struck out

"or 1712(f)" before "of this title".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 622 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1710(a)(1)(I)" for "610(a)(1)(I)" in introductory provisions and

"1521" for "521" in par. (2).

Subsec. (c). Pub. L. 102-40 substituted "5312(a)" for "3112(a)".

Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (d)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1522"

for "522".

Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for

"521" in par. (1) and "1710(a) or 1712(f)" for "610(a) or 612(f)"

in par. (3).

Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted "1724(c)"

for "624(c)" in introductory provisions.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

par. (3).

1990 - Subsec. (a). Pub. L. 101-508, Sec. 8013(c)(1), designated

par. (1) as entire subsec. (a), redesignated cls. (A) to (C) as

pars. (1) to (3), respectively, substituted "amount set forth in

subsection (b)" for "Category A threshold" in par. (3), and struck

out former par. (2) which read as follows: "For the purposes of

section 610(a)(2)(A) of this title, a veteran's income level is

described in this paragraph if the veteran's attributable income is

not greater than the Category B threshold."

Subsec. (b). Pub. L. 101-508, Sec. 8013(c)(2), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

"For the purposes of this section:

"(1) The Category A threshold -

"(A) for the calendar year beginning on January 1, 1986, is -

"(i) $15,000 in the case of a veteran with no dependents;

and

"(ii) $18,000 in the case of a veteran with one dependent,

plus $1,000 for each additional dependent; and

"(B) for a calendar year beginning after December 31, 1986,

is the amount in effect for purposes of this paragraph for the

preceding calendar year as adjusted under subsection (c) of

this subsection.

"(2) The Category B threshold -

"(A) for the calendar year beginning on January 1, 1986, is -

"(i) $20,000 in the case of a veteran with no dependents;

and

"(ii) $25,000 in the case of a veteran with one dependent,

plus $1,000 for each additional dependent; and

"(B) for a calendar year beginning after December 31, 1986,

is the amount in effect for purposes of this paragraph for the

preceding calendar year as adjusted under subsection (c) of

this subsection."

Subsec. (c). Pub. L. 101-508, Sec. 8013(c)(3), struck out

"paragraphs (1) and (2) of" before "subsection (b) of this

section".

Subsec. (d)(2). Pub. L. 101-508, Sec. 8013(c)(4), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "A

determination described in this paragraph is a determination -

"(A) that for the purposes of subsection (a)(1)(C) of this

section a veteran's attributable income is not greater than the

Category A threshold; or

"(B) that for the purposes of subsection (a)(2) of this section

a veteran's attributable income is not greater than the Category

B threshold."

Subsec. (e)(1). Pub. L. 101-508, Sec. 8013(c)(5)(A), substituted

"the amount determined under subsection (b) of this section" for

"the Category A threshold or the Category B threshold, as

appropriate".

Subsec. (e)(2). Pub. L. 101-508, Sec. 8013(c)(5)(B), added par.

(2) and struck out former par. (2) which read as follows:

"(A) A veteran is described in this paragraph for the purposes of

subsection (a)(1) of this section if -

"(i) the veteran has an attributable income greater than the

Category A threshold; and

"(ii) the current projections of such veteran's income for the

current year are that the veteran's income for such year will be

substantially below such threshold.

"(B) A veteran is described in this paragraph for the purposes of

subsection (a)(2) of this section if -

"(i) the veteran has an attributable income greater than the

Category B threshold; and

"(ii) the current projections of such veteran's income for the

current year are that the veteran's income for such year will be

substantially below such threshold."

1988 - Subsec. (g). Pub. L. 100-322 substituted "section" for

"sections 610(b)(2) and".

1986 - Pub. L. 99-272 amended section generally, revising and

restating existing provisions as subsec. (g) and adding subsecs.

(a) to (f).

1980 - Pub. L. 96-330 substituted provisions relating to the

facts that will be accepted as sufficient evidence of an

individual's inability to defray necessary expenses for provisions

relating to the use of statements under oath to establish the

inability to defray necessary expenses.

1976 - Subsec. (a). Pub. L. 94-581, Sec. 202(k), substituted

"610(a)(1)(B)" for "610(a)(1)" and "632(a)(2)" for "632(b)".

Subsec. (b). Pub. L. 94-581, Sec. 210(a)(9), substituted "such

veteran's inability" for "his inability".

1970 - Pub. L. 91-500 designated existing provisions as subsec.

(a) and added subsec. (b).

1966 - Pub. L. 89-612 inserted reference to section 632(b) of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 to remain in effect through the

period covered by Pub. L. 102-145, see section 111 of Pub. L.

102-145, set out as a note under section 1710 of this title.

Amendment by Pub. L. 101-508 to remain in effect through the

period covered by Pub. L. 102-109, see section 111 of Pub. L.

102-109, set out as a note under section 1710 of this title.

Amendment by Pub. L. 101-508 applicable with respect to hospital

care and medical services received after Nov. 5, 1990, see section

8013(d) of Pub. L. 101-508, as amended, set out as a note under

section 1710 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Provisions of this section as in effect on the day before Apr. 7,

1986, applicable with respect to hospital and nursing home care

furnished on or after July 1, 1986, to veterans furnished such care

or services on June 30, 1986, but only to the extent that such care

is furnished with respect to the same episode of care for which it

was furnished on June 30, 1986, see section 19011(f) of Pub. L.

99-272, set out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

INITIAL INCREASE UNDER SUBSECTION (C)

Section 19011(c)(3) of Pub. L. 99-272 provided that the first

increase under subsection (c) of this section, as added by section

19011(c)(1) of Pub. L. 99-272, was to take effect on Jan. 1, 1987."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1705, 1710 of this title.

-End-

-CITE-

38 USC Sec. 1722A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1722A. Copayment for medications

-STATUTE-

(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; or

(B) 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.

(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 subsection (a) shall be deposited in

the Department of Veterans Affairs Medical Care Collections Fund.

Amounts collected through use of the authority under subsection (b)

shall be deposited in the Department of Veterans Affairs Health

Services Improvement Fund.

(d) The provisions of subsection (a) expire on September 30,

2002.

-SOURCE-

(Added Pub. L. 101-508, title VIII, Sec. 8012(a)(1), Nov. 5, 1990,

104 Stat. 1388-345, Sec. 622A; renumbered Sec. 1722A, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L.

102-139, title V, Sec. 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, Secs. 605(a), 606(a), Oct. 29, 1992, 106 Stat.

4343; Pub. L. 103-66, title XII, Sec. 12002(b), Aug. 10, 1993, 107

Stat. 414; Pub. L. 103-446, title XII, Sec. 1201(e)(7), Nov. 2,

1994, 108 Stat. 4685; Pub. L. 105-33, title VIII, Secs. 8021(b),

8023(b)(3), Aug. 5, 1997, 111 Stat. 665, 667; Pub. L. 106-117,

title II, Sec. 201(a), Nov. 30, 1999, 113 Stat. 1560.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-117, Sec. 201(a)(1), (2), added

subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106-117, Sec. 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, Sec. 201(a)(1), redesignated

subsec. (c) as (d).

1997 - Subsec. (b). Pub. L. 105-33, Sec. 8023(b)(3), substituted

"Medical Care Collections Fund" for "Medical-Care Cost Recovery

Fund".

Subsec. (c). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 605(a)(2), added par. (3).

Subsec. (c). Pub. L. 102-568, Sec. 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".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment 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 AMENDMENT

Section 605(b) of Pub. L. 102-568 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 DATES

Section 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.

Section 8012(b) of Pub. L. 101-508 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1729A, 1729B of this

title.

-End-

-CITE-

38 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1723. Furnishing of clothing

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 623; Pub. L.

94-581, title II, Sec. 210(a)(10), Oct. 21, 1976, 90 Stat. 2863;

renumbered Sec. 1723 and amended Pub. L. 102-83, Secs. 4(a)(3),

(4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1723 was renumbered section 3523 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 623 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

1976 - Pub. L. 94-581 substituted "the Administrator furnishes"

for "he furnishes".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1724. Hospital care, medical services, and nursing home care

abroad

-STATUTE-

(a) Except as provided in subsections (b) and (c), 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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 624; Pub. L.

86-152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86-624, Sec. 25(a),

July 12, 1960, 74 Stat. 418; Pub. L. 87-815, Sec. 4, Oct. 15, 1962,

76 Stat. 927; Pub. L. 93-82, title I, Sec. 108, Aug. 2, 1973, 87

Stat. 186; Pub. L. 94-581, title II, Secs. 202(l), 210(a)(11), Oct.

21, 1976, 90 Stat. 2856, 2863; Pub. L. 95-520, Sec. 3(a), Oct. 26,

1978, 92 Stat. 1820; Pub. L. 97-72, title I, Sec. 107(a), Nov. 3,

1981, 95 Stat. 1051; Pub. L. 97-295, Sec. 4(20), Oct. 12, 1982, 96

Stat. 1306; Pub. L. 100-322, title I, Sec. 105, May 20, 1988, 102

Stat. 493; renumbered Sec. 1724 and amended Pub. L. 102-83, Secs.

4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;

Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(c)], Oct. 27,

2000, 114 Stat. 1441, 1441A-58.)

-MISC1-

PRIOR PROVISIONS

Prior 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, Sec. 402(2), Oct. 24, 1972,

86 Stat. 1090. See section 3689 of this title.

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-377 added subsec. (e).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 624 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Subsec. (d). Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1703, 1722, 1732 of this

title.

-End-

-CITE-

38 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1725. Reimbursement for emergency treatment

-STATUTE-

(a) General Authority. - (1) Subject to subsections (c) and (d),

the Secretary may 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 (f)(2)(B) or (f)(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 or in part, 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.

(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) 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 such time as the veteran can be transferred safely

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.

(E) A law of a State or political subdivision described in

section 1729(a)(2)(B) 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.

-SOURCE-

(Added Pub. L. 106-117, title I, Sec. 111(a), Nov. 30, 1999, 113

Stat. 1553.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (f)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the

Act is classified generally to subchapter XIX (Sec. 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.

-MISC1-

EFFECTIVE DATE

Pub. L. 106-117, title I, Sec. 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 REPORTS

Pub. L. 106-117, title I, Sec. 111(d), Nov. 30, 1999, 113 Stat.

1556, provided that: "The Secretary [of Veterans Affairs] shall

include with the budget justification materials submitted to

Congress in support of the Department of Veterans Affairs budget

for fiscal year 2002 and for fiscal year 2003 a report on the

implementation of section 1725 of title 38, United States Code, as

added by subsection (a). Each such report shall include information

on the experience of the Department under that section and the

costs incurred, and expected to be incurred, under that section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1729A of this title.

-End-

-CITE-

38 USC Sec. 1726 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1726. Reimbursement for loss of personal effects by natural

disaster

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 627; Pub. L.

93-82, title I, Sec. 105, Aug. 2, 1973, 87 Stat. 183; Pub. L.

94-581, title II, Sec. 210(a)(12), Oct. 21, 1976, 90 Stat. 2863;

renumbered Sec. 1726 and amended Pub. L. 102-83, Secs. 4(a)(3),

(4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior 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, Sec. 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See

section 3689 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 626 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-83, Sec. 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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 1727 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1727. Persons eligible under prior law

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 627; Pub. L.

94-581, title II, Sec. 202(m), Oct. 21, 1976, 90 Stat. 2856;

renumbered Sec. 1727 Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 627 of this title as

this section.

1976 - Pub. L. 94-581 substituted "1957" for "1958".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 1728 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1728. Reimbursement of certain medical expenses

-STATUTE-

(a) The Secretary may, under such regulations as the Secretary

shall prescribe, reimburse veterans entitled to hospital care or

medical services under this chapter for the reasonable value of

such care or services (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 -

(1) such care or services were rendered in a medical emergency

of such nature that delay would have been hazardous to life or

health;

(2) such care or services were rendered to a veteran in need

thereof (A) for an adjudicated service-connected disability, (B)

for a non-service-connected disability associated with and held

to be aggravating a service-connected disability, (C) for any

disability of a veteran who has a total disability permanent in

nature from a service-connected disability, or (D) for any

illness, injury, or dental condition in the case of a veteran who

(i) is a participant in a vocational rehabilitation program (as

defined in section 3101(9) of this title), and (ii) is medically

determined to have been in need of care or treatment to make

possible such 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; and

(3) Department or other Federal facilities were not feasibly

available, and an attempt to use them beforehand would not have

been reasonable, sound, wise, or practical.

(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

care or services directly -

(1) to the hospital or other health facility furnishing the

care or services; or

(2) to the person or organization making such expenditure on

behalf of such veteran.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 106(a), Aug. 2, 1973, 87 Stat.

183, Sec. 628; amended Pub. L. 94-581, title II, Secs. 202(n),

210(a)(13), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96-151,

title II, Sec. 201(d), Dec. 20, 1979, 93 Stat. 1093; Pub. L.

101-237, title II, Sec. 202(a), Dec. 18, 1989, 103 Stat. 2066; Pub.

L. 102-54, Sec. 14(b)(14), June 13, 1991, 105 Stat. 284; renumbered

Sec. 1728 and amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 628 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places in introductory

provisions.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in introductory provisions and in par.

(3).

Subsec. (a)(2)(D). Pub. L. 102-83, Sec. 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, Sec. 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).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 202(b) of Pub. L. 101-237 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 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1725 of this title.

-End-

-CITE-

38 USC Sec. 1729 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1729. Recovery by the United States of the cost of certain

care and services

-STATUTE-

(a)(1) Subject to the provisions of this section, in any case in

which a veteran is furnished care or services under this chapter

for a non-service-connected disability described in paragraph (2)

of this subsection, the United States has the right to recover or

collect reasonable charges for such care or services (as determined

by the Secretary) from a third party to the extent that the veteran

(or the provider of the care or services) would be eligible to

receive payment for such care or services from such third party if

the care or services had not been furnished by a department or

agency of the United States.

(2) Paragraph (1) of this subsection applies to a

non-service-connected disability -

(A) that is incurred incident to the veteran's employment and

that is covered under a workers' compensation law or plan that

provides for payment for the cost of health care and services

provided to the veteran by reason of the disability;

(B) that is incurred as the result of a motor vehicle accident

to which applies a State law that requires the owners or

operators of motor vehicles registered in that State to have in

force automobile accident reparations insurance;

(C) that is incurred as the result of a crime of personal

violence that occurred in a State, or a political subdivision of

a State, in which a person injured as the result of such a crime

is entitled to receive health care and services at such State's

or subdivision's expense for personal injuries suffered as the

result of such crime;

(D) that is incurred by a veteran -

(i) who does not have a service-connected disability; and

(ii) who is entitled to care (or payment of the expenses of

care) under a health-plan contract; or

(E) for which care and services are furnished before October 1,

2007, under this chapter to a veteran who -

(i) has a service-connected disability; and

(ii) is entitled to care (or payment of the expenses of care)

under a health-plan contract.

(3) In the case of a health-plan contract that contains a

requirement for payment of a deductible or copayment by the veteran

-

(A) the veteran's not having paid such deductible or copayment

with respect to care or services furnished under this chapter

shall not preclude recovery or collection under this section; and

(B) the amount that the United States may collect or recover

under this section shall be reduced by the appropriate deductible

or copayment amount, or both.

(b)(1) As to the right provided in subsection (a) of this

section, the United States shall be subrogated to any right or

claim that the veteran (or the veteran's personal representative,

successor, dependents, or survivors) may have against a third

party.

(2)(A) In order to enforce any right or claim to which the United

States is subrogated under paragraph (1) of this subsection, the

United States may intervene or join in any action or proceeding

brought by the veteran (or the veteran's personal representative,

successor, dependents, or survivors) against a third party.

(B) The United States may institute and prosecute legal

proceedings against the third party if -

(i) an action or proceeding described in subparagraph (A) of

this paragraph is not begun within 180 days after the first day

on which care or services for which recovery is sought are

furnished to the veteran by the Secretary under this chapter;

(ii) the United States has sent written notice by certified

mail to the veteran at the veteran's last-known address (or to

the veteran's personal representative or successor) of the

intention of the United States to institute such legal

proceedings; and

(iii) a period of 60 days has passed following the mailing of

such notice.

(C) A proceeding under subparagraph (B) of this paragraph may not

be brought after the end of the six-year period beginning on the

last day on which the care or services for which recovery is sought

are furnished.

(c)(1) The Secretary may compromise, settle, or waive any claim

which the United States has under this section.

(2)(A) The Secretary, after consultation with the Comptroller

General of the United States, shall prescribe regulations for the

purpose of determining reasonable charges for care or services

under subsection (a)(1) of this section. Any determination of such

charges shall be made in accordance with such regulations.

(B) Such regulations shall provide that reasonable charges for

care or services sought to be recovered or collected from a

third-party liable under a health-plan contract may not exceed the

amount that such third party demonstrates to the satisfaction of

the Secretary it would pay for the care or services if provided by

facilities (other than facilities of departments or agencies of the

United States) in the same geographic area.

(C) Not later than 45 days after the date on which the Secretary

prescribes such regulations (or any amendment to such regulations),

the Comptroller General shall submit to the Committees on Veterans'

Affairs of the Senate and the House of Representatives the

Comptroller General's comments on and recommendations regarding

such regulations (or amendment).

(d) Any contract or agreement into which the Secretary enters

with a person under section 3718 of title 31 for collection

services to recover indebtedness owed the United States under this

section shall provide, with respect to such services, that such

person is subject to sections 5701 and 7332 of this title.

(e) A veteran eligible for care or services under this chapter -

(1) may not be denied such care or services by reason of this

section; and

(2) may not be required by reason of this section to make any

copayment or deductible payment in order to receive such care.

(f) No law of any State or of any political subdivision of a

State, and no provision of any contract or other agreement, shall

operate to prevent recovery or collection by the United States

under this section or with respect to care or services furnished

under section 1784 of this title.

[(g) Repealed. Pub. L. 105-33, title VIII, Sec. 8023(b)(4), Aug.

5, 1997, 111 Stat. 667.]

(h)(1) Subject to paragraph (3) of this subsection, the Secretary

shall make available medical records of a veteran described in

paragraph (2) of this subsection for inspection and review by

representatives of the third party concerned for the sole purposes

of permitting the third party to verify -

(A) that the care or services for which recovery or collection

is sought were furnished to the veteran; and

(B) that the provision of such care or services to the veteran

meets criteria generally applicable under the health-plan

contract involved.

(2) A veteran described in this paragraph is a veteran who is a

beneficiary of a health-plan contract under which recovery or

collection is sought under this section from the third party

concerned for the cost of the care or services furnished to the

veteran.

(3) Records shall be made available under this subsection under

such conditions to protect the confidentiality of such records as

the Secretary shall prescribe in regulations.

(i) For purposes of this section -

(1)(A) The term "health-plan contract" means 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) Such term does not include -

(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.);

(iii) a workers' compensation law or plan described in

subparagraph (A) of subsection (a)(2) of this section; or

(iv) a program, plan, or policy under a law described in

subparagraph (B) or (C) of such subsection.

(2) The term "payment" includes reimbursement and

indemnification.

(3) The term "third party" means -

(A) a State or political subdivision of a State;

(B) an employer or an employer's insurance carrier;

(C) an automobile accident reparations insurance carrier; or

(D) a person obligated to provide, or to pay the expenses of,

health services under a health-plan contract.

-SOURCE-

(Added Pub. L. 97-72, title I, Sec. 106(a)(1), Nov. 3, 1981, 95

Stat. 1050, Sec. 629; amended Pub. L. 99-272, title XIX, Sec.

19013(a), Apr. 7, 1986, 100 Stat. 382; Pub. L. 100-322, title II,

Sec. 202, May 20, 1988, 102 Stat. 509; Pub. L. 101-508, title VIII,

Sec. 8011(a)-(c), Nov. 5, 1990, 104 Stat. 1388-344; Pub. L. 102-40,

title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

Sec. 1729 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-568, title VI,

Sec. 604, Oct. 29, 1992, 106 Stat. 4343; Pub. L. 103-66, title XII,

Sec. 12003, Aug. 10, 1993, 107 Stat. 414; Pub. L. 104-262, title I,

Sec. 101(d)(10), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 105-33,

title VIII, Secs. 8022, 8023(b)(4), (d), Aug. 5, 1997, 111 Stat.

665, 667; Pub. L. 107-135, title II, Secs. 208(e)(4), 209(b), Jan.

23, 2002, 115 Stat. 2463, 2464.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (i)(1)(B)(ii), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of

the Social Security Act is classified generally to subchapter XIX

(Sec. 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.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(E). Pub. L. 107-135, Sec. 209(b),

substituted "October 1, 2007" for "October 1, 2002".

Subsec. (f). Pub. L. 107-135, Sec. 208(e)(4), substituted

"section 1784" for "section 1711(b)".

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 8023(d)(1),

substituted "reasonable charges for" for "the reasonable cost of".

Subsec. (a)(2)(E). Pub. L. 105-33, Sec. 8022, substituted

"October 1, 2002" for "October 1, 1998".

Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 8023(d)(2), substituted

"reasonable charges for" for "the reasonable cost of" and "such

charges" for "such cost".

Subsec. (c)(2)(B). Pub. L. 105-33, Sec. 8023(d)(2)(A),

substituted "reasonable charges for" for "the reasonable cost of".

Subsec. (g). Pub. L. 105-33, Sec. 8023(b)(4), struck out subsec.

(g) which established in the Treasury a fund known as the

Department of Veterans Affairs Medical-Care Cost Recovery Fund and

provided for deposits to and payments from the Fund.

1996 - Subsec. (g)(3)(A). Pub. L. 104-262 substituted "under

subsection (f) or (g) of section 1710 of this title for hospital

care, medical services, or nursing home care" for "under section

1710(f) of this title for hospital care or nursing home care, under

section 1712(f) of this title for medical services,".

1993 - Subsec. (a)(2)(E). Pub. L. 103-66 substituted "October 1,

1998" for "August 1, 1994".

1992 - Subsec. (a)(2)(E). Pub. L. 102-568 substituted "August 1,

1994" for "October 1, 1993".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 629 of this

title as this section.

Subsecs. (a) to (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40 substituted "5701" for "3301" and "7332" for

"4132".

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "1711(b)"

for "611(b)".

Subsec. (g)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1710(f)" for "610(f)", "1712(f)" for "612(f)", and "1722A" for

"622A" in introductory provisions.

Subsec. (h)(1), (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

1990 - Subsec. (a)(2)(E). Pub. L. 101-508, Sec. 8011(a), added

subpar. (E).

Subsec. (c)(2)(B). Pub. L. 101-508, Sec. 8011(b), substituted "if

provided by" for "in accordance with the prevailing rates at which

the third party makes payments under comparable health-plan

contracts with".

Subsec. (g). Pub. L. 101-508, Sec. 8011(c), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows:

"Amounts collected or recovered on behalf of the United States

under this section shall be deposited into the Treasury as

miscellaneous receipts."

1988 - Subsec. (b)(2)(C). Pub. L. 100-322 added subpar. (C).

1986 - Pub. L. 99-272 amended section generally, inserting

authority to recover from a third party under a health-plan

contract the reasonable costs of a non-service-connected

disability, to require the Administrator to prescribe regulations

to govern determination of reasonable costs, to authorize the

compromise, settlement or waiver of claims, and to provide for the

deposit of money collected under this section in the Treasury.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 8023(b)(4) of Pub. L. 105-33 effective Oct.

1, 1997, and amendment by section 8023(d) of Pub. L. 105-33

effective Aug. 5, 1997, see section 8023(g) of Pub. L. 105-33, set

out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8011(e) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall take effect as

of October 1, 1990."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 19013(b) of Pub. L. 99-272 provided that:

"(1) Except as provided in paragraph (2), section 629 [now 1729]

of title 38, United States Code, as amended by subsection (a),

shall apply to care and services provided on or after the date of

the enactment of this Act [Apr. 7, 1986].

"(2)(A) Such section shall not apply so as to nullify any

provision of a health-plan contract (as defined in subsection (i)

of such section) that -

"(i) was entered into before the date of the enactment of this

Act; and

"(ii) is not modified or renewed on or after such date.

"(B) In the case of a health-plan contract (as so defined) that

was entered into before such date and which is modified or renewed

on or after such date, the amendment made by subsection (a)

[amending this section] shall apply -

"(i) with respect to such plan as of the day after the date

that it is so modified or renewed; and

"(ii) with respect to care and services provided after such

date of modification or renewal.

"(3) For purposes of paragraph (2), the term 'modified' includes

any change in premium or coverage."

EFFECTIVE DATE

Section 106(b) of Pub. L. 97-72 provided that: "Section 629 [now

1729] of title 38, United States Code, as added by subsection (a),

shall apply with respect to care and services furnished under

chapter 17 of title 38, United States Code, on or after the date of

the enactment of this Act [Nov. 3, 1981]."

HEALTHCARE FACILITIES CERTIFIED AS MEDICARE AND MEDICAID PROVIDERS

FOR COLLECTION PURPOSES

Pub. L. 107-206, title I, Aug. 2, 2002, 116 Stat. 888, provided

in part: "That for the purposes of enabling the collection from

third-party insurance carriers for non-service related medical care

of veterans, all Department of Veterans Affairs healthcare

facilities are hereby certified as Medicare and Medicaid providers

and the Centers for Medicare and Medicaid Services within the

Department of Health and Human Services shall issue each Department

of Veterans Affairs healthcare facility a provider number as soon

as practicable after the date of enactment of this Act [Aug. 2,

2002]: Provided further, That nothing in the preceding proviso

shall be construed to enable the Department of Veterans Affairs to

bill Medicare or Medicaid for any medical services provided by the

Veterans Health Administration or to require the Centers for

Medicare and Medicaid Services to pay for any medical services

provided by the Department of Veterans Affairs".

DISPOSITION OF FUNDS IN AND TERMINATION OF DEPARTMENT OF VETERANS

AFFAIRS MEDICAL-CARE COST RECOVERY FUND

Section 8023(c) of Pub. L. 105-33 provided that: "The amount of

the unobligated balance remaining in the Department of Veterans

Affairs Medical-Care Cost Recovery Fund (established pursuant to

section 1729(g)(1) of title 38, United States Code) at the close of

June 30, 1997, shall be deposited, not later than December 31,

1997, in the Treasury as miscellaneous receipts, and the Department

of Veterans Affairs Medical-Care Cost Recovery Fund shall be

terminated when the deposit is made."

TRANSFERS TO MEDICAL-CARE COST RECOVERY FUND

Section 8011(d) of Pub. L. 101-508, as amended by Pub. L. 102-83,

Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that the

Secretary of the Treasury was to transfer $25,000,000 from the

Department of Veterans Affairs Loan Guaranty Revolving Fund to the

Department of Veterans Affairs Medical-Care Cost Recovery Fund and

that the amount so transferred was to be available until the end of

Sept. 30, 1991, for the support of the equivalent of 800 full-time

employees and other expenses described in former subsec. (g)(3) of

this section, and provided that the first $25,000,000 recovered or

collected by the Department of Veterans Affairs during fiscal year

1991 as a result of third-party medical recovery activities was to

be credited to the Department of Veterans Affairs Loan Guaranty

Revolving Fund.

REPORTS ON IMPLEMENTATION OF 1986 AMENDMENT

Section 19013(c) of Pub. L. 99-272 directed Administrator of

Veterans' Affairs, not later than six months after Apr. 7, 1986, to

submit to Committees on Veterans' Affairs of Senate and House of

Representatives a report on the process for and results of

implementation of this section, as amended by subsection (a), such

report to show costs of administration (and a detailed breakdown of

such costs) and the amount of receipts and collections under this

section, and not later than Feb. 1, 1988, to submit to such

Committees a report updating the information in the report

previously submitted and providing information on the process and

results of such implementation through at least the end of fiscal

year 1987.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1725, 1729A, 1781 of this

title.

-End-

-CITE-

38 USC Sec. 1729A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1729A. Department of Veterans Affairs Medical Care Collections

Fund

-STATUTE-

(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 after June 30, 1997, 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) 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.

(3)(A) If for fiscal year 1998 the Secretary determines that the

total amount to be recovered under the provisions of law specified

in subsection (b) will be less than the amount contained in the

latest Congressional Budget Office baseline estimate (computed

under section 257 of the Balanced Budget and Emergency Deficit

Control Act of 1985) for the amount of such recoveries for fiscal

year 1998 by at least $25,000,000, the Secretary shall promptly

certify to the Secretary of the Treasury the amount of the

shortfall (as estimated by the Secretary) that is in excess of

$25,000,000. Upon receipt of such a certification, the Secretary of

the Treasury shall, not later than 30 days after receiving the

certification, deposit in the fund, from any unobligated amounts in

the Treasury, an amount equal to the amount certified by the

Secretary.

(B) If for fiscal year 1998 a deposit is made under subparagraph

(A) and the Secretary subsequently determines that the actual

amount recovered for that fiscal year under the provisions of law

specified in subsection (b) is greater than the amount estimated by

the Secretary that was used for purposes of the certification by

the Secretary under subparagraph (A), the Secretary shall pay into

the general fund of the Treasury, from amounts available for

medical care, an amount equal to the difference between the amount

actually recovered and the amount so estimated (but not in excess

of the amount of the deposit under subparagraph (A) pursuant to

such certification).

(C) If for fiscal year 1998 a deposit is made under subparagraph

(A) and the Secretary subsequently determines that the actual

amount recovered for that fiscal year under the provisions of law

specified in subsection (b) is less than the amount estimated by

the Secretary that was used for purposes of the certification by

the Secretary under subparagraph (A), the Secretary shall promptly

certify to the Secretary of the Treasury the amount of the

shortfall. Upon receipt of such a certification, the Secretary of

the Treasury shall, not later than 30 days after receiving the

certification, deposit in the fund, from any unobligated amounts in

the Treasury, an amount equal to the amount certified by the

Secretary.

(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)(1) The Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives quarterly

reports on the operation of this section for fiscal years 1998,

1999, and 2000 and for the first quarter of fiscal year 2001. Each

such report shall specify the amount collected under each of the

provisions specified in subsection (b) during the preceding quarter

and the amount originally estimated to be collected under each such

provision during such quarter.

(2) A report under paragraph (1) for a quarter shall be submitted

not later than 45 days after the end of that quarter.

(f) 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).

-SOURCE-

(Added Pub. L. 105-33, title VIII, Sec. 8023(a)(1), Aug. 5, 1997,

111 Stat. 665; amended Pub. L. 106-117, title I, Sec. 111(b)(1),

title II, Sec. 203, Nov. 30, 1999, 113 Stat. 1556, 1561; Pub. L.

107-135, title II, Sec. 208(e)(5), Jan. 23, 2002, 115 Stat. 2463.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 87-693, popularly known as the Federal Medical Care

Recovery Act, referred to in subsec. (b)(8), is Pub. L. 87-693,

Sept. 25, 1962, 76 Stat. 593, which is classified generally to

chapter 32 (Sec. 2651 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Tables.

Section 257 of the Balanced Budget and Emergency Deficit Control

Act of 1985, referred to in subsec. (c)(3)(A), is classified to

section 907 of Title 2, The Congress.

-MISC1-

AMENDMENTS

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, Sec. 111(b)(1),

added par. (5) and redesignated former pars. (5) and (6) as (6) and

(7), respectively.

Subsec. (d). Pub. L. 106-117, Sec. 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."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment 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 DATE

Section 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.

REPORT ON IMPLEMENTATION OF SECTION 8023 OF PUB. L. 105-33

Section 8023(f) of Pub. L. 105-33 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1729B, 1785 of this

title.

-End-

-CITE-

38 USC Sec. 1729B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1729B. Health Services Improvement Fund

-STATUTE-

(a) There is established in the Treasury of the United States a

fund to be known as the Department of Veterans Affairs Health

Services Improvement Fund.

(b) Amounts received or collected after November 30, 1999, under

any of the following provisions of law shall be deposited in the

fund:

(1) Section 1722A(b) of this title.

(2) Section 8165(a) of this title.

(3) Section 113 of the Veterans Millennium Health Care and

Benefits Act.

(c) Amounts in the fund are hereby available, without fiscal year

limitation, to the Secretary for the purposes stated in

subparagraphs (A) and (B) of section 1729A(c)(1) of this title.

(d) The Secretary shall allocate amounts in the fund in the same

manner as applies under subsection (d) of section 1729A of this

title with respect to amounts made available from the fund under

that section.

-SOURCE-

(Added Pub. L. 106-117, title II, Sec. 202(a), Nov. 30, 1999, 113

Stat. 1561; amended Pub. L. 107-103, title V, Sec. 509(c), Dec. 27,

2001, 115 Stat. 997; Pub. L. 107-330, title III, Sec. 308(g)(7),

Dec. 6, 2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

Section 113 of the Veterans Millennium Health Care and Benefits

Act, referred to in subsec. (b)(3), is section 113 of Pub. L.

106-117, which is set out as a note under section 8111 of this

title.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-330 substituted "November 30,

1999," for "the date of the enactment of this section" in

introductory provisions.

2001 - Subsec. (b). Pub. L. 107-103 redesignated pars. (2) to (4)

as (1) to (3), respectively, and struck out former par. (1) which

read as follows: "Section 1713A of this title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8165 of this title.

-End-

-CITE-

38 USC Sec. 1730 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-HEAD-

Sec. 1730. Community residential care

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 98-160, title I, Sec. 104(a), Nov. 21, 1983, 97

Stat. 996, Sec. 630; amended Pub. L. 102-54, Sec. 14(b)(15), June

13, 1991, 105 Stat. 284; renumbered Sec. 1730 and amended Pub. L.

102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 630 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing and

"Secretary's" for "Administrator's" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in par. (3).

Subsecs. (c) to (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2062 of this title.

-End-

-CITE-

38 USC SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL

TREATMENT FOR VETERANS IN THE REPUBLIC OF THE

PHILIPPINES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-72, title I, Sec. 107(d)(1), Nov. 3, 1981, 95

Stat. 1053, substituted "HOSPITAL CARE AND MEDICAL TREATMENT FOR

VETERANS IN THE REPUBLIC OF THE PHILIPPINES" for "HOSPITAL AND

MEDICAL CARE FOR COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS" in

subchapter heading.

-End-

-CITE-

38 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

Sec. 1731. Assistance to the Republic of the Philippines

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 107(a), Aug. 2, 1973, 87 Stat.

184, Sec. 631; amended Pub. L. 97-72, title I, Sec. 107(b), Nov. 3,

1981, 95 Stat. 1052; renumbered Sec. 1731, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1731 was renumbered section 3531 of this title.

AMENDMENTS

1991 - 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".

EFFECTIVE DATE

Section 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.

-End-

-CITE-

38 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

Sec. 1732. Contracts and grants to provide for the care and

treatment of United States veterans by the Veterans Memorial

Medical Center

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 107(a), Aug. 2, 1973, 87 Stat.

184, Sec. 632; amended Pub. L. 94-581, title II, Sec. 210(a)(14),

Oct. 21, 1976, 90 Stat. 2863; Pub. L. 95-520, Sec. 3(b), Oct. 26,

1978, 92 Stat. 1820; Pub. L. 97-72, title I, Sec. 107(c)(1), Nov.

3, 1981, 95 Stat. 1052; Pub. L. 99-576, title II, Sec. 206(a)(1),

Oct. 28, 1986, 100 Stat. 3256; Pub. L. 100-687, div. B, title XV,

Sec. 1502(a), (b), Nov. 18, 1988, 102 Stat. 4132; Pub. L. 102-40,

title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

Sec. 1732 and amended Pub. L. 102-83, Secs. 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, Sec. 304(a), Aug. 14, 1991, 105 Stat. 416; Pub.

L. 102-585, title V, Sec. 503, Nov. 4, 1992, 106 Stat. 4955.)

-MISC1-

PRIOR PROVISIONS

Prior section 1732 was renumbered section 3532 of this title.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-585 substituted "September 30,

1994" for "September 30, 1992".

1991 - Pub. L. 102-83, Sec. 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, Sec.

5, by substituting "1992" for "1990".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1724"

for "624".

Subsec. (a)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted

"8121" for "5021".

Subsec. (b)(1), (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsecs. (c), (d)(1). Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 3(b)(3), substituted "October

1, 1981" for "July 1, 1978".

Subsec. (c). Pub. L. 95-520, Sec. 3(b)(1), substituted "Veterans

Memorial Medical Center" for "Veterans Memorial Hospital".

Subsec. (d). Pub. L. 95-520, Sec. 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".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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

Section 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 PROVISION

Section 107(c) of Pub. L. 93-82 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 SECTION

Section 304(b) of Pub. L. 102-86 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 CONTRACTING

Section 206(a)(2) of Pub. L. 99-576 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 FUNDS

Section 206(b) of Pub. L. 99-576 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1703 of this title.

-End-

-CITE-

38 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

Sec. 1733. Supervision of program by the President

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, Sec. 633; Pub. L.

94-581, title II, Sec. 210(a)(15), Oct. 21, 1976, 90 Stat. 2863;

renumbered Sec. 1733, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior 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, Sec. 206(b),

Mar. 26, 1970, 84 Stat. 82; Pub. L. 91-584, Sec. 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,

Sec. 313, Oct. 24, 1972, 86 Stat. 1084. See section 3688 of this

title.

AMENDMENTS

1991 - 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".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-EXEC-

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.

-End-

-CITE-

38 USC Sec. 1734 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

Sec. 1734. Hospital and nursing home care and medical services in

the United States

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 96-22, title I, Sec. 106(a), June 13, 1979, 93 Stat.

53, Sec. 634; renumbered Sec. 1734 and amended Pub. L. 102-83,

Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(b)], Oct.

27, 2000, 114 Stat. 1441, 1441A-57.)

-MISC1-

PRIOR PROVISIONS

Prior 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, Sec. 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, Sec. 313, Oct. 24, 1972, 86

Stat. 1084. See section 3690 of this title.

AMENDMENTS

2000 - Pub. L. 106-377 designated existing provisions as subsec.

(a) and added subsec. (b).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 634 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

EFFECTIVE DATE

Section 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.

-End-

-CITE-

38 USC Sec. 1735 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

-HEAD-

Sec. 1735. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, Sec. 634; Pub. L.

89-612, Sec. 3, Sept. 30, 1966, 80 Stat. 861; renumbered Sec. 635,

Pub. L. 96-22, title I, Sec. 106(a), June 13, 1979, 93 Stat. 53;

renumbered Sec. 1735 and amended Pub. L. 102-83, Secs. 4(a)(1),

(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.)

-REFTEXT-

REFERENCES IN TEXT

Section 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.

-MISC1-

PRIOR PROVISIONS

Prior 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, Sec. 3, Sept. 23, 1963, 77 Stat. 162;

Pub. L. 89-358, Sec. 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, Sec.

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, Sec.

303(a), Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title

XX, Sec. 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, Sec.

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, Sec. 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, Sec. 124(a), Nov. 18, 1988, 102 Stat. 4174.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 635 of this

title as this section.

Par. (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" before "under".

Pub. L. 102-83, Sec. 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".

-End-

-CITE-

38 USC SUBCHAPTER V - PAYMENTS TO STATE HOMES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-HEAD-

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-End-

-CITE-

38 USC Sec. 1741 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-HEAD-

Sec. 1741. Criteria for payment

-STATUTE-

(a)(1) The Secretary shall pay each State at the per diem rate of

-

(A) $8.70 for domiciliary care; and

(B) $20.35 for nursing home care and hospital care,

for each veteran receiving such care in a State home, if such

veteran is eligible for such care in a Department facility.

(2) The Secretary may pay each State per diem at a rate

determined by the Secretary for each veteran receiving extended

care services described in any of paragraphs (4) through (6) of

section 1710B(a) of this title under a program administered by a

State home, if such veteran is eligible for such care under laws

administered by the Secretary.

(b) In no case shall the payments made with respect to any

veteran under this section exceed one-half of the cost of the

veterans' care in such State home.

(c) Whenever the Secretary makes a determination pursuant to

section 1720(a)(2)(A) of this title that the cost of care furnished

by the Department in a general hospital under the direct

jurisdiction of the Secretary has increased, the Secretary may,

effective no earlier than the date of such determination, increase

the rates paid under subsection (a) of this section by a percentage

not greater than the percentage by which the Secretary has

determined that such cost of care has increased.

(d) Subject to section 1743 of this title, the payment of per

diem for care furnished in a State home facility shall commence on

the date of the completion of the inspection for recognition of the

facility under section 1742(a) of this title if the Secretary

determines, as a result of that inspection, that the State home

meets the standards described in such section.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, Sec. 641; Pub. L.

86-625, July 12, 1960, 74 Stat. 424; Pub. L. 87-819, Sec. 1, Oct.

15, 1962, 76 Stat. 935; Pub. L. 88-450, Sec. 3(a), Aug. 19, 1964,

78 Stat. 500; Pub. L. 90-432, Sec. 1, July 26, 1968, 82 Stat. 448;

Pub. L. 91-178, Sec. 1, Dec. 30, 1969, 83 Stat. 836; Pub. L. 93-82,

title IV, Sec. 403(a), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94-417,

Sec. 1(a), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 94-581, title II,

Sec. 202(o), Oct. 21, 1976, 90 Stat. 2856; Pub. L. 96-151, title I,

Sec. 101(b)(1), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 98-160, title

I, Sec. 105(a), Nov. 21, 1983, 97 Stat. 998; Pub. L. 100-322, title

I, Sec. 134(a), May 20, 1988, 102 Stat. 507; renumbered Sec. 1741

and amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-585,

title IV, Sec. 406, Nov. 4, 1992, 106 Stat. 4954; Pub. L. 104-66,

title I, Sec. 1141(a), Dec. 21, 1995, 109 Stat. 726; Pub. L.

104-262, title III, Sec. 342(a), Oct. 9, 1996, 110 Stat. 3206; Pub.

L. 106-117, title I, Sec. 101(g), Nov. 30, 1999, 113 Stat. 1550.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1740 and 1741 were renumbered sections 3540 and

3541 of this title, respectively.

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-117 substituted "extended care

services described in any of paragraphs (4) through (6) of section

1710B(a) of this title under a program administered by a State

home" for "adult day health care in a State home".

1996 - Subsec. (a). Pub. L. 104-262 designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, and added par. (2).

1995 - Subsecs. (c) to (e). Pub. L. 104-66 redesignated subsecs.

(d) and (e) as (c) and (d), respectively, and struck out former

subsec. (c) which read as follows: "The Secretary shall submit

every three years to the Committees on Veterans' Affairs of the

Senate and House of Representatives a report on the adequacy of the

rates provided in subsection (a) of this section in light of

projections over each of the following five years of the demand on

the Department for the provision of nursing home care to veterans

eligible for such care under this section and sections 1710 and

1720 of this title. The first such report shall be submitted not

later than June 30, 1986."

1992 - Subsec. (e). Pub. L. 102-585 added subsec. (e).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 641 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in concluding provisions.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710 and

1720" for "610 and 620".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1720(a)(2)(A)" for "620(a)(2)(A)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

1988 - Subsec. (a). Pub. L. 100-322, Sec. 134(a)(1), added cls.

(1) and (2) and struck out former cls. (1) to (3) which read as

follows:

"(1) $7.30 for domiciliary care,

"(2) $17.05 for nursing home care, and

"(3) $15.25 for hospital care,".

Subsec. (d). Pub. L. 100-322, Sec. 134(a)(2), added subsec. (d).

1983 - Subsec. (a). Pub. L. 98-160, Sec. 105(a)(1), substituted

"$7.30" for "$6.35" in par. (1), "$17.05" for "$12.10" in par. (2),

and "$15.25" for "$13.25" in par. (3).

Subsec. (c). Pub. L. 98-160, Sec. 105(a)(2), added subsec. (c).

1979 - Subsec. (a). Pub. L. 96-151 substituted "$6.35" for

"$5.50", "$12.10" for "$10.50", and "$13.25" for "$11.50".

1976 - Pub. L. 94-581 struck out "of any war or of service after

January 31, 1955" after "for each veteran" in provisions following

par. (3).

Pub. L. 94-417 designated existing provisions as subsec. (a),

increased from $4.50 to $5.50 the per diem rate for domiciliary

care, from $6 to $10.50 the per diem rate for nursing home care,

and from $10 to $11.50 the per diem rate for hospital care, struck

out "of any war or of service after January 31, 1955" after "for

each veteran", ", in the case of such a veteran receiving

domiciliary or hospital care," after "if", and provisions relating

to the case of a veteran receiving nursing home care, and added

subsec. (b).

1973 - Pub. L. 93-82 increased from $3.50 to $4.50 the per diem

rate for domiciliary care, from $5 to $6 the per diem rate for

nursing home care, and from $7.50 to $10 the per diem rate for

hospital care, and substituted "veteran of any war or of service

after January 31, 1955" for "veteran of any war".

1969 - Pub. L. 91-178 increased from $3.50 to $7.50 the per diem

payment for hospital care.

1968 - Pub. L. 90-432 increased from $2.50 to $3.50 the per diem

rate for hospital or domiciliary care and from $3.50 to $5.00 the

per diem rate for nursing home care as the amounts the

Administrator shall pay each State providing such services for

veterans.

1964 - Pub. L. 88-450 amended section generally and, among other

changes, authorized payment at the per diem rate of $3.50 for each

veteran receiving nursing care in a State home, if such veteran

meets the requirements of paragraph (1), (2), or (3) of section

610(a) of this title, except that the requirement in clause (B) of

such paragraph (1) shall, for this purpose, refer to the inability

to defray the expenses of necessary nursing home care, and

eliminated provisions which permitted reduction of the amount

payable to the State homes under certain conditions and prohibited

payments to State homes where a bar or canteen is maintained

therein where intoxicating liquors are sold.

1962 - Subsec. (b). Pub. L. 87-819 provided that no reduction

shall be made by the retention or collection by a State home of

amounts from the estate of a deceased veteran if such amounts are

placed in a post or other special fund for the benefit of the State

home or its inhabitants in providing the benefits enumerated in

clauses (A) to (C).

1960 - Subsec. (a). Pub. L. 86-625 substituted "at the per diem

rate of $2.50 per diem for each veteran" for "at the annual rate of

$700.00 for each veteran".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 134(b) of Pub. L. 100-322 provided that:

"(1) The amendment made by subsection (a)(1) [amending this

section] shall take effect as of January 1, 1988.

"(2) The amendment made by subsection (a)(2) [amending this

section] shall take effect on October 1, 1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 105(b) of Pub. L. 98-160 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

April 1, 1984."

EFFECTIVE DATE OF 1979 AMENDMENT

Section 101(b)(2) of Pub. L. 96-151 provided that: "The

amendments made by paragraph (1) [amending this section] shall take

effect on January 1, 1980, but, with respect to fiscal year 1980,

shall take effect only to such extent and in such amounts as may be

specifically provided for such purpose in appropriation Acts."

EFFECTIVE DATE OF 1976 AMENDMENTS

Amendment 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.

Section 1(c) of Pub. L. 94-417 provided that:

"(1) The amendments made by subsection (a) of this section

[amending this section] shall be effective on October 1, 1976.

"(2) At the time of the first payment to a State under section

641 [now 1741] of title 38, United States Code, as amended by

subsection (a) of this section, the Administrator of Veterans'

Affairs shall pay such State, in a lump sum, an amount equal to the

difference between the total amount paid each such State under such

section 641 [now 1741] for care provided by such State in a State

home from January 1, 1976, to October 1, 1976, and the amount such

State would have been paid for providing such care if the amendment

made by subsection (a) of this section had been effective on

January 1, 1976."

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 3(c) of Pub. L. 88-450 provided that: "The amendment made

by this section [amending this section] shall take effect on

January 1, 1965; except that subsection (b) of section 641 [now

1741] of title 38, United States Code, as in effect immediately

before such date, shall remain in effect with respect to any

amounts retained or collected by any State home before such date."

PAYMENTS TO STATES FOR NURSING HOME CARE

Section 3(b) of Pub. L. 88-450 provided that: "No payment shall

be made to any State home solely by reason of the amendment made by

this section [amending this section] on account of nursing home

care furnished any veteran except where such care is furnished the

veteran by the State home for the first time after the effective

date of this section [Jan. 1, 1965]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2012, 2303, 3485, 5503,

8122, 8126, 8134 of this title; title 42 sections 1396a, 1396r-8.

-End-

-CITE-

38 USC Sec. 1742 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-HEAD-

Sec. 1742. Inspections of such homes; restrictions on beneficiaries

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, Sec. 642; Pub. L.

94-581, title I, Sec. 107(a), title II, Sec. 210(a)(16), Oct. 21,

1976, 90 Stat. 2847, 2863; renumbered Sec. 1742 and amended Pub. L.

102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1742 was renumbered section 3542 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 642 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1720(b)"

for "620(b)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Subsec. (b). Pub. L. 102-83, Sec. 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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1741 of this title.

-End-

-CITE-

38 USC Sec. 1743 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-HEAD-

Sec. 1743. Applications

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1147, Sec. 643; Pub. L.

97-251, Sec. 7, Sept. 8, 1982, 96 Stat. 716; renumbered Sec. 1743

and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6,

1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1743 was renumbered section 3543 of this title.

AMENDMENTS

1991 - 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1741 of this title.

-End-

-CITE-

38 USC Sec. 1744 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER V - PAYMENTS TO STATE HOMES

-HEAD-

[Sec. 1744. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 601 to 664 of this chapter as

sections 1701 to 1764 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 644 of this chapter, added Pub. L. 91-178,

Sec. 2(a), Dec. 30, 1969, 83 Stat. 836; amended Pub. L. 93-82,

title IV, Sec. 403(b), Aug. 2, 1973, 87 Stat. 196, which authorized

appropriations to be used for making grants to States which had

submitted and had approved applications for assistance in

remodeling, modification, or alteration of existing hospital or

domiciliary facilities in State homes providing care and treatment

for veterans, was repealed by Pub. L. 95-62, Secs. 2, 5, July 5,

1977, 91 Stat. 262, 263, effective Oct. 1, 1977, but with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under prior section 644 and with

additional provision for the modification of the terms and

conditions of both grants made under that section prior to Oct. 1,

1977, and of grants made under subchapter III of chapter 81 of this

title prior to Oct. 1, 1977.

-End-

-CITE-

38 USC SUBCHAPTER VI - SICKLE CELL ANEMIA 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

SUBCHAPTER VI - SICKLE CELL ANEMIA

-End-

-CITE-

38 USC Sec. 1751 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

Sec. 1751. Screening, counseling, and medical treatment

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 109(a), Aug. 2, 1973, 87 Stat.

186, Sec. 651; renumbered Sec. 1751 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 651 of this title as

this section and substituted "Secretary" for "Administrator".

EFFECTIVE DATE

Subchapter 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.

-End-

-CITE-

38 USC Sec. 1752 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

Sec. 1752. Research

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 109(a), Aug. 2, 1973, 87 Stat.

186, Sec. 652; renumbered Sec. 1752 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 652 of this title as

this section and substituted "Secretary" for "Administrator".

-End-

-CITE-

38 USC Sec. 1753 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

Sec. 1753. Voluntary participation; confidentiality

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 109(a), Aug. 2, 1973, 87 Stat.

187, Sec. 653; amended Pub. L. 94-581, title I, Sec. 111(b), Oct.

21, 1976, 90 Stat. 2852; Pub. L. 102-40, title IV, Sec. 402(d)(1),

May 7, 1991, 105 Stat. 239; renumbered Sec. 1753, Pub. L. 102-83,

Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - 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".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 1754 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

Sec. 1754. Reports

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 109(a), Aug. 2, 1973, 87 Stat.

187, Sec. 654; renumbered Sec. 1754 and amended Pub. L. 102-83,

Secs. 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402,

404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 654 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-83, Sec. 2(c)(3), substituted "section 529" for

"section 214".

-End-

-CITE-

38 USC Secs. 1761 to 1764 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VI - SICKLE CELL ANEMIA

-HEAD-

[Secs. 1761 to 1764. Repealed. Pub. L. 102-585, title V, Sec.

514(a), Nov. 4, 1992, 106 Stat. 4958]

-MISC1-

Section 1761, added Pub. L. 96-22, title I, Sec. 105(a), June 13,

1979, 93 Stat. 52, Sec. 661; amended Pub. L. 98-160, title I, Sec.

106(b), Nov. 21, 1983, 97 Stat. 998; renumbered Sec. 1761, Pub. L.

102-83, Sec. 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, Sec. 105(a), June 13,

1979, 93 Stat. 52, Sec. 662; renumbered Sec. 1762 and amended Pub.

L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 102-585, title V, Sec. 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, Sec. 105(a), June 13,

1979, 93 Stat. 52, Sec. 663; amended Pub. L. 96-128, title V, Sec.

501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98-160, title I, Sec.

106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99-272, title XIX,

Sec. 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered Sec. 1763

and amended Pub. L. 102-83, Secs. 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, Sec. 3(a)(3), Mar. 3, 1966, 80

Stat. 20. See section 3682 of this title.

Section 1764, added Pub. L. 96-22, title I, Sec. 105(a), June 13,

1979, 93 Stat. 53, Sec. 664; amended Pub. L. 98-160, title I, Sec.

106(d), Nov. 21, 1983, 97 Stat. 999; renumbered Sec. 1764 and

amended Pub. L. 102-83, Secs. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 3(a)(3), Mar. 3, 1966, 80 Stat. 20.

A prior section 1770 was renumbered section 3670 of this title.

-End-

-CITE-

38 USC [SUBCHAPTER VII - TRANSFERRED] 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

[SUBCHAPTER VII - TRANSFERRED]

-HEAD-

[SUBCHAPTER VII - TRANSFERRED]

-End-

-CITE-

38 USC Secs. 1771 to 1774 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

[SUBCHAPTER VII - TRANSFERRED]

-HEAD-

[Secs. 1771 to 1774. Renumbered Secs. 2031 to 2034]

-COD-

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, Sec. 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.

-End-

-CITE-

38 USC SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER

THAN VETERANS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-End-

-CITE-

38 USC Sec. 1781 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

Sec. 1781. Medical care for survivors and dependents of certain

veterans

-STATUTE-

(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, and

(3) the surviving spouse or child of a person who died in the

active military, naval, or air service in the line of duty and

not due to such person's own misconduct,

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.

-SOURCE-

(Added Pub. L. 93-82, title I, Sec. 103(b), Aug. 2, 1973, 87 Stat.

181, Sec. 613; amended Pub. L. 94-581, title I, Sec. 104, title II,

Sec. 210(a)(4), Oct. 21, 1976, 90 Stat. 2845, 2862; Pub. L. 96-151,

title II, Sec. 205(a), Dec. 20, 1979, 93 Stat. 1094; Pub. L. 97-72,

title I, Sec. 105, Nov. 3, 1981, 95 Stat. 1050; Pub. L. 97-251,

Sec. 5(a), Sept. 8, 1982, 96 Stat. 716; renumbered Sec. 1713 and

amended Pub. L. 102-83, Secs. 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, Sec. 704(b)(2), Dec. 5, 1991, 105 Stat. 1402; Pub. L.

107-14, Sec. 3, June 5, 2001, 115 Stat. 25; renumbered Sec. 1781

and amended Pub. L. 107-135, title II, Sec. 208(c), Jan. 23, 2002,

115 Stat. 2463; Pub. L. 107-330, title III, Sec. 308(g)(8), Dec. 6,

2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(4)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of

the Act is classified generally to subchapter XVIII (Sec. 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.

-MISC1-

PRIOR PROVISIONS

A prior section 1781 was renumbered section 3681 of this title.

AMENDMENTS

2002 - Pub. L. 107-135, Sec. 208(c)(1), (2), renumbered section

1713 of this title as this section.

Subsec. (b). Pub. L. 107-135, Sec. 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, Sec. 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, Sec. 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, Sec. 5(a), renumbered section 613 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

Subsec. (b). Pub. L. 102-83, Sec. 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, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing in introductory and concluding

provisions and in par. (2).

Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 205(a)(2), added subsec. (c).

1976 - Subsec. (a)(2). Pub. L. 94-581, Sec. 104, designated

existing provisions as cl. (A) and added cl. (B).

Subsec. (b)(1). Pub. L. 94-581, Sec. 210(a)(4)(A), substituted

"the Secretary enters" for "he enters".

Subsec. (b)(2). Pub. L. 94-581, Sec. 210(a)(4)(B), substituted

"the Administrator" for "he" in two places.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 5(b) of Pub. L. 97-251 provided that: "The amendment made

by subsection (a) [amending this section] shall take effect on

October 1, 1982."

EFFECTIVE DATE OF 1979 AMENDMENT

Section 205(b) of Pub. L. 96-151 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 AMENDMENT

Amendment 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

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 1701, 8502, 8520,

8521 of this title.

-End-

-CITE-

38 USC Sec. 1782 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

Sec. 1782. Counseling, training, and mental health services for

immediate family members

-STATUTE-

(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, 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,

training, and mental health services as are necessary in connection

with that treatment 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.

(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; or

(2) 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.

-SOURCE-

(Added Pub. L. 107-135, title II, Sec. 208(b), Jan. 23, 2002, 115

Stat. 2462.)

-MISC1-

PRIOR PROVISIONS

A prior section 1782 was renumbered section 3682 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712A, 1781, 1783, 8111,

8111A, 8152 of this title.

-End-

-CITE-

38 USC Sec. 1783 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

Sec. 1783. Bereavement counseling

-STATUTE-

(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. - 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, or air service in the line of duty and

under circumstances not due to the person's own misconduct.

(c) 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.

-SOURCE-

(Added Pub. L. 107-135, title II, Sec. 208(b), Jan. 23, 2002, 115

Stat. 2463.)

-MISC1-

PRIOR PROVISIONS

A prior section 1783 was renumbered section 3683 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712A, 1781, 1782, 8111,

8111A, 8152 of this title.

-End-

-CITE-

38 USC Sec. 1784 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

Sec. 1784. Humanitarian care

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 107-135, title II, Sec. 208(b), Jan. 23, 2002, 115

Stat. 2463.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1784 to 1786 were renumbered sections 3684 to 3686

of this title, respectively.

Another prior section 1786, added Pub. L. 89-358, Sec. 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.

Prior section 1787 was renumbered section 3687 of this title.

Another prior section 1787, added Pub. L. 89-358, Sec. 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, Sec. 3(b), Mar.

3, 1966, 80 Stat. 23, Sec. 1789; amended Pub. L. 91-24, Sec. 15,

June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92-540,

title III, Sec. 316(2), title IV, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712A, 1729, 1729A, 8111

of this title.

-End-

-CITE-

38 USC Sec. 1785 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

-HEAD-

Sec. 1785. Care and services during certain disasters and

emergencies

-STATUTE-

(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 B. 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 2811(b) of the

Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by

the Secretary of Health and Human Services under paragraph (3)(A)

of 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.

-SOURCE-

(Added Pub. L. 107-287, Sec. 4(a)(1), Nov. 7, 2002, 116 Stat.

2028.)

-REFTEXT-

REFERENCES IN TEXT

The Robert B. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (b)(1), probably means the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, Pub. L.

93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified

principally to chapter 68 (Sec. 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.

-TRANS-

TRANSFER OF FUNCTIONS

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 relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 313(5), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7325 of this title.

-End-