-CITE-

38 USC CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY,

AND MEDICAL CARE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

-HEAD-

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

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1701. Definitions.

1702. Presumption relating to psychosis.

1703. Contracts for hospital care and medical services in

non-Department facilities.

1704. Preventive health services: annual report.

1705. Management of health care: patient enrollment system.

1706. Management of health care: other requirements.

1707. Limitations.

1708. Temporary lodging.

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

1710. Eligibility for hospital, nursing home, and

domiciliary care.

1710A. Required nursing home care.

1710B. Extended care services.

1711. Care during examinations and in emergencies.

1712. Dental care; drugs and medicines for certain disabled

veterans; vaccines.

1712A. Eligibility for readjustment counseling and related

mental health services.

1712B. Counseling for former prisoners of war.

[1713. Renumbered.]

1714. Fitting and training in use of prosthetic appliances;

guide dogs; service dogs.

1715. Tobacco for hospitalized veterans.

1716. Hospital care by other agencies of the United States.

1717. Home health services; invalid lifts and other devices.

1718. Therapeutic and rehabilitative activities.

1719. Repair or replacement of certain prosthetic and other

appliances.

1720. Transfers for nursing home care; adult day health

care.

1720A. Treatment and rehabilitative services for persons with

drug or alcohol dependency.

1720B. Respite care.

1720C. Noninstitutional alternatives to nursing home care.

1720D. Counseling and treatment for sexual trauma.

1720E. Nasopharyngeal radium irradiation.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

1721. Power to make rules and regulations.

1722. Determination of inability to defray necessary

expenses; income thresholds.

1722A. Copayment for medications.

1723. Furnishing of clothing.

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

abroad.

1725. Reimbursement for emergency treatment.

1726. Reimbursement for loss of personal effects by natural

disaster.

1727. Persons eligible under prior law.

1728. Reimbursement of certain medical expenses.

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

care and services.

1729A. Department of Veterans Affairs Medical Care

Collections Fund.

1729B. Health Services Improvement Fund.

1730. Community residential care.

SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN

THE REPUBLIC OF THE PHILIPPINES

1731. Assistance to the Republic of the Philippines.

1732. Contracts and grants to provide for the care and

treatment of United States veterans by the Veterans

Memorial Medical Center.

1733. Supervision of program by the President.

1734. Hospital and nursing home care and medical services in

the United States.

1735. Definitions.

SUBCHAPTER V - PAYMENTS TO STATE HOMES

1741. Criteria for payment.

1742. Inspections of such homes; restrictions on

beneficiaries.

1743. Applications.

SUBCHAPTER VI - SICKLE CELL ANEMIA

1751. Screening, counseling, and medical treatment.

1752. Research.

1753. Voluntary participation; confidentiality.

1754. Reports.

[1761 to 1764. Repealed.]

[SUBCHAPTER VII - TRANSFERRED]

[1771 to 1774. Renumbered.]

SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS

1781. Medical care for survivors and dependents of certain

veterans.

1782. Counseling, training, and mental health services for

immediate family members.

1783. Bereavement counseling.

1784. Humanitarian care.

1785. Care and services during certain disasters and

emergencies.

AMENDMENTS

2002 - Pub. L. 107-287, Sec. 4(a)(2), Nov. 7, 2002, 116 Stat.

2029, added item 1785.

Pub. L. 107-135, title II, Secs. 201(b)(2), 208(f)(1), Jan. 23,

2002, 115 Stat. 2457, 2464, substituted "Limitations" for

"Restriction on use of funds for assisted suicide, euthanasia, or

mercy killing" in item 1707, struck out item 1713 "Medical care for

survivors and dependents of certain veterans", substituted "guide

dogs; service dogs" for "seeing-eye dogs" in item 1714, and added

item for subchapter VIII and items 1781 to 1784.

2001 - Pub. L. 107-95, Sec. 5(g)(1), Dec. 21, 2001, 115 Stat.

918, struck out subchapter VII heading "TREATMENT AND

REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS"

and items 1771 "General treatment", 1772 "Therapeutic housing",

1773 "Additional services at certain locations", and 1774

"Coordination with other agencies and organizations".Sec.

2000 - Pub. L. 106-419, title II, Sec. 221(b), Nov. 1, 2000, 114

Stat. 1845, added item 1708.

1999 - Pub. L. 106-117, title I, Secs. 101(a)(2), (c)(2),

111(b)(2), title II, Sec. 202(b), Nov. 30, 1999, 113 Stat. 1548,

1549, 1556, 1561, added items 1710A, 1710B, 1725, and 1729B.

1998 - Pub. L. 105-368, title IX, Sec. 901(b), Nov. 11, 1998, 112

Stat. 3360, added item 1720E.

1997 - Pub. L. 105-114, title II, Secs. 202(d), 206(b)(3), Nov.

21, 1997, 111 Stat. 2287, 2289, substituted "Treatment and

rehabilitative services for persons with drug or alcohol

dependency" for "Treatment and rehabilitation for alcohol or drug

dependence or abuse disabilities" in item 1720A, struck out ":

pilot program" after "home care" in item 1720C, and added item for

subchapter VII and items 1771 to 1774.

Pub. L. 105-33, title VIII, Sec. 8023(a)(2), Aug. 5, 1997, 111

Stat. 667, added item 1729A.

Pub. L. 105-12, Sec. 9(i)(2), Apr. 30, 1997, 111 Stat. 27, added

item 1707.

1996 - Pub. L. 104-262, title I, Secs. 101(c)(2)(B), 104(a)(2),

Oct. 9, 1996, 110 Stat. 3179, 3184, added items 1705 and 1706 and

substituted "Dental care; drugs and medicines for certain disabled

veterans; vaccines" for "Eligibility for outpatient services" in

item 1712.

1994 - Pub. L. 103-452, title I, Sec. 101(f)(2)(B), Nov. 2, 1994,

108 Stat. 4784, substituted "and treatment" for "to women veterans"

in item 1720D.

1992 - Pub. L. 102-585, title I, Sec. 102(a)(2), title V, Secs.

512(b), 514(b), Nov. 4, 1992, 106 Stat. 4946, 4958, added items

1704 and 1720D and struck out subchapter VII heading "PREVENTIVE

HEALTH-CARE SERVICES PILOT PROGRAM" and items 1761 "Purpose", 1762

"Definition", 1763 "Preventive health-care services", and 1764

"Reports".

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 601 to 664 as 1701 to 1764, respectively.

Pub. L. 102-83, Sec. 4(a)(5), Aug. 6, 1991, 105 Stat. 404,

substituted "non-Department" for "non-Veterans' Administration" in

item 603.

1990 - Pub. L. 101-508, title VIII, Sec. 8012(a)(2), Nov. 5,

1990, 104 Stat. 1388-345, added item 622A.

Pub. L. 101-366, title II, Sec. 201(a)(2), Aug. 15, 1990, 104

Stat. 438, added item 620C.

1988 - Pub. L. 100-322, title I, Secs. 101(h)(2), 115(g)(2), May

20, 1988, 102 Stat. 492, 502, substituted "Eligibility for

outpatient services" for "Eligibility for medical treatment" in

item 612, substituted "Home health services; invalid" for "Invalid"

in item 617, and struck out item 620C "Community based psychiatric

residential treatment for chronically mentally ill veterans".

1987 - Pub. L. 100-6, Sec. 2(b), Feb. 12, 1987, 101 Stat. 94,

added item 620C.

1986 - Pub. L. 99-576, title II, Sec. 201(a)(2), 100 Stat. 3254,

added item 620B.

Pub. L. 99-272, title XIX, Secs. 19011(c)(2), 19012(b)(2), Apr.

7, 1986, 100 Stat. 378, 382, added item 603, and substituted

"Determination" for "Evidence" and inserted "; income thresholds"

in item 622.

1985 - Pub. L. 99-166, title I, Secs. 101(b)(2), 107(b), Dec. 3,

1985, 99 Stat. 943, 946, added item 612B and struck out "; pilot

program" after "disabilities" in item 620A.

1983 - Pub. L. 98-160, title I, Secs. 103(a)(3), 104(b), Nov. 21,

1983, 97 Stat. 996, 998, inserted "; adult day health care" in item

620 and added item 630.

1982 - Pub. L. 97-295, Sec. 4(15), Oct. 12, 1982, 96 Stat. 1306,

substituted "Hospital care, medical services, and nursing home care

abroad" for "Hospital care and medical services abroad" in item

624.

1981 - Pub. L. 97-72, title I, Secs. 106(a)(2), 107(c)(2),

(d)(2), Nov. 3, 1981, 95 Stat. 1051, 1052, 1053, added item 629,

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 item relating to

subchapter IV, and substituted "Contracts and grants to provide for

the care and treatment of United States veterans by the Veterans

Memorial Medical Center" for "Contracts and grants to provide

hospital care, medical services and nursing home care" in item 632.

1980 - Pub. L. 96-330, title IV, Sec. 401(b), Aug. 26, 1980, 94

Stat. 1051, substituted "Evidence of inability to defray necessary

expenses" for "Statement under oath" in item 622.

1979 - Pub. L. 96-22, title I, Secs. 103(a)(2), 104(b), 105(b),

106(b), June 13, 1979, 93 Stat. 50, 51, 53, added items 612A, 620A,

634, and 661 to 664 and redesignated former item 634 as 635.

1977 - Pub. L. 95-62, Sec. 4(b), July 5, 1977, 91 Stat. 263,

struck out item 644 "Authorization of appropriations".

1976 - Pub. L. 94-581, title II, Secs. 202(a), 203(b), Oct. 21,

1976, 90 Stat. 2855, 2856, inserted "NURSING HOME," in chapter

heading, and, in analysis of subchapter headings and section

catchlines, inserted ", NURSING HOME" in item for subchapter II,

inserted ", nursing home" in item 610, substituted "Care" for

"Hospitalization" in item 611, and inserted "AND NURSING HOME" in

item for subchapter III.

1973 - Pub. L. 93-82, title I, Secs. 103(c), 106(b), 107(b),

109(b), Aug. 2, 1973, 87 Stat. 182, 184, 186, 187, substituted

"Medical care for survivors and dependents of certain veterans" and

"Fitting and training in use of prosthetic appliances; seeing-eye

dogs" for "Fitting and training in use of prosthetic appliances"

and "Seeing-eye dogs" in items 613 and 614 respectively,

substituted "natural disaster" for "fire" in item 626, added item

628, substituted "Assistance to the Republic of the Philippines"

and "Contracts and grants to provide hospital care, medical

services and nursing home care" for "Grants to the Republic of the

Philippines" and "Modification of agreement with the Republic of

the Philippines effectuating the Act of July 1, 1948" in items 631

and 632, respectively, and added "SUBCHAPTER VI - SICKLE CELL

ANEMIA" comprising items 651 to 654.

Pub. L. 93-43, Sec. 4(c)(2), June 18, 1973, 87 Stat. 79, struck

out item 625 "Arrests for crimes in hospitals and domiciliary

reservations".

1969 - Pub. L. 91-178, Sec. 2(b), Dec. 30, 1969, 83 Stat. 837,

added item 644.

1968 - Pub. L. 90-493, Sec. 3(b), Aug. 19, 1968, 82 Stat. 809,

substituted "Invalid lifts and other devices" for "Invalid lifts

and other devices for pensioners" in item 617.

1964 - Pub. L. 88-450, Secs. 2(b), 6(b), Aug. 19, 1964, 78 Stat.

500, 504, inserted "and other devices" in item 617 and added item

620.

1962 - Pub. L. 87-850, Sec. 1(b), Oct. 23, 1962, 76 Stat. 1126,

added item 619.

Pub. L. 87-574, Sec. 2(2), Aug. 6, 1962, 76 Stat. 308, added item

618.

1959 - Pub. L. 86-211, Sec. 7(b), Aug. 29, 1959, 73 Stat. 436,

added item 617.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 106, 111, 521, 3104,

3115, 3485, 3903, 5313B, 5315, 5503, 7333, 8107, 8153 of this

title; title 10 section 2641a; title 31 section 3803; title 42

sections 1320d, 1395w-21, 2651, 14402.

-End-

-CITE-

38 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

38 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1701. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "disability" means a disease, injury, or other

physical or mental defect.

(2) The term "veteran of any war" includes any veteran awarded

the Medal of Honor.

(3) The term "facilities of the Department" means -

(A) facilities over which the Secretary has direct

jurisdiction;

(B) Government facilities for which the Secretary contracts;

and

(C) public or private facilities at which the Secretary

provides recreational activities for patients receiving care

under section 1710 of this title.

(4) The term "non-Department facilities" means facilities other

than Department facilities.

(5) The term "hospital care" includes -

(A)(i) medical services rendered in the course of the

hospitalization of any veteran, and (ii) travel and incidental

expenses pursuant to the provisions of section 111 of this title;

(B) such mental health services, consultation, professional

counseling, and training for the members of the immediate family

or legal guardian of a veteran, or the individual in whose

household such veteran certifies an intention to live, as may be

essential to the effective treatment and rehabilitation of a

veteran or dependent or survivor of a veteran receiving care

under the last sentence of section 1781(b) of this title; and

(C)(i) medical services rendered in the course of the

hospitalization of a dependent or survivor of a veteran receiving

care under the last sentence of section 1781(b) of this title,

and (ii) travel and incidental expenses for such dependent or

survivor under the terms and conditions set forth in section 111

of this title.

(6) The term "medical services" includes, in addition to medical

examination, treatment, and rehabilitative services, the following:

(A) Surgical services.

(B) Dental services and appliances as described in sections

1710 and 1712 of this title.

(C) Optometric and podiatric services.

(D) Preventive health services.

(E) In the case of a person otherwise receiving care or

services under this chapter -

(i) wheelchairs, artificial limbs, trusses, and similar

appliances;

(ii) special clothing made necessary by the wearing of

prosthetic appliances; and

(iii) such other supplies or services as the Secretary

determines to be reasonable and necessary.

(F) Travel and incidental expenses pursuant to section 111 of

this title.

(7) The term "domiciliary care" includes necessary medical

services and travel and incidental expenses pursuant to the

provisions of section 111 of this title.

(8) The term "rehabilitative services" means such professional,

counseling, and guidance services and treatment programs (other

than those types of vocational rehabilitation services provided

under chapter 31 of this title) as are necessary to restore, to the

maximum extent possible, the physical, mental, and psychological

functioning of an ill or disabled person.

(9) The term "preventive health services" means -

(A) periodic medical and dental examinations;

(B) patient health education (including nutrition education);

(C) maintenance of drug use profiles, patient drug monitoring,

and drug utilization education;

(D) mental health preventive services;

(E) substance abuse prevention measures;

(F) immunizations against infectious disease;

(G) prevention of musculoskeletal deformity or other gradually

developing disabilities of a metabolic or degenerative nature;

(H) genetic counseling concerning inheritance of genetically

determined diseases;

(I) routine vision testing and eye care services;

(J) periodic reexamination of members of likely target

populations (high-risk groups) for selected diseases and for

functional decline of sensory organs, together with attendant

appropriate remedial intervention; and

(K) such other health-care services as the Secretary may

determine to be necessary to provide effective and economical

preventive health care.

(10)(A) During the period beginning on November 30, 1999, and

ending on December 31, 2003, the term "medical services" includes

noninstitutional extended care services.

(B) For the purposes of subparagraph (A), the term

"noninstitutional extended care services" means such alternatives

to institutional extended care which the Secretary may furnish (i)

directly, (ii) by contract, or (iii) (through provision of case

management) by another provider or payor.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 601; Pub. L.

86-598, July 7, 1960, 74 Stat. 335; Pub. L. 86-639, Sec. 2, July

12, 1960, 74 Stat. 472; Pub. L. 88-481, Aug. 22, 1964, 78 Stat.

593; Pub. L. 90-612, Sec. 2, Oct. 21, 1968, 82 Stat. 1202; Pub. L.

93-82, title I, Sec. 101, Aug. 2, 1973, 87 Stat. 179; Pub. L.

94-581, title I, Sec. 102, title II, Sec. 202(b), Oct. 21, 1976, 90

Stat. 2843, 2855; Pub. L. 95-520, Sec. 5, Oct. 26, 1978, 92 Stat.

1820; Pub. L. 96-22, title I, Sec. 102(c), title II, Sec. 201(a),

June 13, 1979, 93 Stat. 48, 54; Pub. L. 96-151, title II, Secs.

201(b), 202, Dec. 20, 1979, 93 Stat. 1093, 1094; Pub. L. 97-72,

title I, Sec. 101, Nov. 3, 1981, 95 Stat. 1047; Pub. L. 97-251,

Sec. 4, Sept. 8, 1982, 96 Stat. 716; Pub. L. 98-105, Sept. 30,

1983, 97 Stat. 730; Pub. L. 98-160, title I, Sec. 106(a), Nov. 21,

1983, 97 Stat. 998; Pub. L. 98-528, title I, Sec. 103(a), Oct. 19,

1984, 98 Stat. 2688; Pub. L. 99-108, Sec. 2, Sept. 30, 1985, 99

Stat. 481; Pub. L. 99-166, title I, Sec. 102(a), Dec. 3, 1985, 99

Stat. 943; Pub. L. 99-272, title XIX, Secs. 19011(d)(2), 19012(a),

Apr. 7, 1986, 100 Stat. 378, 380; Pub. L. 99-576, title II, Sec.

203, Oct. 28, 1986, 100 Stat. 3255; Pub. L. 100-322, title I, Sec.

131, May 20, 1988, 102 Stat. 506; Pub. L. 102-54, Sec. 14(b)(8),

June 13, 1991, 105 Stat. 283; renumbered Sec. 1701 and amended Pub.

L. 102-83, Secs. 4(a)(2)(E), (3)-(5), (b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-585, title V, Sec.

513, Nov. 4, 1992, 106 Stat. 4958; Pub. L. 103-446, title XII, Sec.

1202(b)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104-262, title I,

Secs. 101(d)(1), 103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; Pub.

L. 106-117, title I, Sec. 101(b), Nov. 30, 1999, 113 Stat. 1548;

Pub. L. 107-135, title II, Sec. 208(a)(1), (e)(2), Jan. 23, 2002,

115 Stat. 2461, 2463; Pub. L. 107-330, title III, Sec. 308(g)(3),

Dec. 6, 2002, 116 Stat. 2828.)

-COD-

CODIFICATION

The text of section 1762 of this title, which was transferred to

the end of this section, redesignated as par. (9), and amended by

Pub. L. 102-585, was based on 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.

-MISC1-

PRIOR PROVISIONS

Prior sections 1700 and 1701 were renumbered sections 3500 and

3501 of this title, respectively.

AMENDMENTS

2002 - Par. (5). Pub. L. 107-135, Sec. 208(e)(2), substituted

"1781(b)" for "1713(b)" in subpars. (B) and (C)(i).

Par. (6). Pub. L. 107-135, Sec. 208(a)(1)(A), (B), substituted

"services, the following:" for "services - " in introductory

provisions and struck out concluding provisions which read as

follows: "For the purposes of this paragraph, a dependent or

survivor of a veteran receiving care under the last sentence of

section 1713(b) of this title shall be eligible for the same

medical services as a veteran."

Par. (6)(A). Pub. L. 107-135, Sec. 208(a)(1)(C), added subpar.

(A) and struck out former subpar. (A) which read as follows: "(i)

surgical services, dental services and appliances as described in

sections 1710 and 1712 of this title, optometric and podiatric

services, preventive health services, and (in the case of a person

otherwise receiving care or services under this chapter)

wheelchairs, artificial limbs, trusses, and similar appliances,

special clothing made necessary by the wearing of prosthetic

appliances, and such other supplies or services as the Secretary

determines to be reasonable and necessary, except that the

Secretary may not furnish sensori-neural aids other than in

accordance with guidelines which the Secretary shall prescribe, and

(ii) travel and incidental expenses pursuant to the provisions of

section 111 of this title; and".

Par. (6)(B) to (F). Pub. L. 107-135, Sec. 208(a)(1)(A), (C),

added subpars. (B) to (F) and struck out former subpar. (B) which

included in the definition of "medical services" certain necessary

consultation, professional counseling, training, and mental health

services.

Par. (10)(A). Pub. L. 107-330, which directed the substitution of

"November 30, 1999," for "the date of the enactment of the

Veterans' Millennium Health Care and Benefits Act", was executed by

making the substitution for "the date of the enactment of the

Veterans Millennium Health Care and Benefits Act" to reflect the

probable intent of Congress.

1999 - Par. (10). Pub. L. 106-117 added par. (10).

1996 - Par. (6)(A)(i). Pub. L. 104-262, Sec. 103(a), struck out

"(in the case of a person otherwise receiving care or services

under this chapter)" before "preventive health services,",

substituted "(in the case of a person otherwise receiving care or

services under this chapter)" for "(except under the conditions

described in section 1712(a)(5)(A) of this title),", and inserted

"except that the Secretary may not furnish sensori-neural aids

other than in accordance with guidelines which the Secretary shall

prescribe," after "reasonable and necessary,".

Par. (6)(B)(i)(I). Pub. L. 104-262, Sec. 101(d)(1)(A),

substituted "paragraph (1) or (2) of section 1710(a)" for "section

1712(a)".

Par. (6)(B)(i)(II). Pub. L. 104-262, Sec. 101(d)(1)(B),

substituted "paragraph (1), (2) or (3) of section 1710(a)" for

"section 1712(a)(5)(B)".

1994 - Par. (3). Pub. L. 103-446 made technical correction to

directory language of Pub. L. 102-83, Sec. 4(a)(2)(E). See 1991

Amendment note below.

1992 - Par. (6)(A)(i). Pub. L. 102-585, Sec. 513(b), substituted

"preventive health services," for "preventive health-care services

as defined in section 1762 of this title,".

Par. (9). Pub. L. 102-585, Sec. 513(a), transferred the text of

section 1762 of this title to the end of this section and

redesignated it as par. (9), substituted "The term 'preventive

health service' means" for "For the purposes of this subchapter,

the term 'preventive health-care services' means", and redesignated

pars. (1) to (11) as subpars. (A) to (K), respectively. See

Codification note above.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 601 of this

title as this section.

Par. (2). Pub. L. 102-54, Sec. 14(b)(8)(A), struck out "any

veteran of the Indian Wars, or" after "includes".

Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710" for

"610" in subpar. (C).

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

"Administrator" in subpars. (A) to (C).

Pub. L. 102-83, Sec. 4(a)(2)(E), as amended by Pub. L. 103-446,

substituted "facilities of the Department" for "Veterans'

Administration facilities".

Pub. L. 102-54, Sec. 14(b)(8)(B), (C), redesignated par. (4) as

(3) and struck out former par. (3) which read as follows: "The term

'period of war' includes each of the Indian Wars."

Par. (4). Pub. L. 102-83, Sec. 4(a)(5), substituted

"non-Department" for "non-Veterans' Administration".

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

"Veterans' Administration".

Pub. L. 102-54, Sec. 14(b)(8)(E), redesignated par. (9) as (4).

Par. (5). Pub. L. 102-83, Sec. 5(c)(1), substituted "1713(b)" for

"613(b)" in subpars. (B) and (C)(i).

Par. (6). Pub. L. 102-83, Sec. 5(c)(1), in subpar. (A)

substituted "1710 and 1712" for "610 and 612", "1762" for "662",

and "1712(a)(5)(A)" for "612(a)(5)(A)", in subpar. (B) substituted

"1712(a)" for "612(a)", "1712(a)(5)(B)" for "612(a)(5)(B)", and

"1713(b)" for "613(b)", and in last sentence substituted "1713(b)"

for "613(b)".

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

"Administrator" wherever appearing.

Pub. L. 102-54, Sec. 14(b)(8)(D), substituted "612(a)(5)(A)" for

"612(f)(1)(A)(i)" in subpar. (A)(i) and "612(a)(5)(B)" for

"612(f)(1)(A)(ii)" in subpar. (B)(i)(II).

Par. (9). Pub. L. 102-54, Sec. 14(b)(8)(E), redesignated par. (9)

as (4).

1988 - Par. (4)(C). Pub. L. 100-322 added subpar. (C).

1986 - Par. (4). Pub. L. 99-272, Sec. 19012(a)(1), struck out cl.

(C) and provision following such clause, both relating to private

facilities under contract as Veterans' Administration facilities.

Par. (6)(A)(i). Pub. L. 99-272, Sec. 19011(d)(2)(A), substituted

"section 612(f)(1)(A)(i)" for "section 612(f)(1)(A)".

Par. (6)(B). Pub. L. 99-576 amended subpar. (B) generally. Prior

to amendment, subpar. (B) read as follows: "such consultation,

professional counseling, training, and mental health services as

are necessary in connection with the treatment -

"(i) of the service-connected disability of a veteran pursuant

to section 612(a) of this title, and

"(ii) in the discretion of the Administrator, of the

non-service-connected disability of a veteran eligible for

treatment under section 612(f)(1)(A)(ii) of this title where such

services were initiated during the veteran's hospitalization and

the provision of such services on an outpatient basis is

essential to permit the discharge of the veteran from the

hospital,

for the members of the immediate family or legal guardian of a

veteran, or the individual in whose household such veteran

certifies an intention to live, as may be essential to the

effective treatment and rehabilitation of the veteran (including,

under the terms and conditions set forth in section 111 of this

title, travel and incidental expenses of such family member or

individual in the case of a veteran who is receiving care for a

service-connected disability, or in the case of dependent or

survivor of a veteran receiving care under the last sentence of

section 613(b) of this title). For the purposes of this paragraph,

a dependent or survivor of a veteran receiving care under the last

sentence of section 613(b) of this title shall be eligible for the

same medical services as a veteran."

Par. (6)(B)(ii). Pub. L. 99-272, Sec. 19011(d)(2)(B), substituted

"section 612(f)(1)(A)(ii)" for "section 612(f)(1)(B)".

Par. (9). Pub. L. 99-272, Sec. 19012(a)(2), added par. (9).

1985 - Par. (4)(C)(v). Pub. L. 99-166, Sec. 102(a), substituted

"with respect to the Commonwealth of Puerto Rico shall expire on

September 30, 1988" for "(except with respect to Alaska and Hawaii)

shall expire on October 31, 1985" and struck out "and to the Virgin

Islands" before "of the restrictions in this subclause".

Pub. L. 99-108 substituted "October 31, 1985" for "September 30,

1985".

1984 - Par. (4)(C)(v). Pub. L. 98-528 substituted "September 30,

1985" for "September 30, 1984".

1983 - Par. (4)(C)(v). Pub. L. 98-105 substituted "September 30,

1984" for "September 30, 1983".

Par. (6)(a)(i). Pub. L. 98-160 inserted "(in the case of a person

otherwise receiving care or services under this chapter) preventive

health-care services as defined in section 662 of this title,".

1982 - Par. (4)(C)(v). Pub. L. 97-251 substituted "September 30,

1983" for "September 30, 1982".

1981 - Par. (4)(C)(v). Pub. L. 97-72 substituted "September 30,

1982" for "December 31, 1981".

1979 - Par. (4). Pub. L. 96-22, Secs. 102(c)(1), 201(a),

substituted "medical services for the treatment of any disability

of a veteran described in clause (1)(B) or (2) of the first

sentence, or the third sentence, of section 612(f) of this title or

of a veteran described in section 612(g) of this title if the

Administrator has determined, based on an examination by a

physician employed by the Veterans' Administration (or, in areas

where no such physician is available, by a physician carrying out

such function under a contract or fee arrangement), that the

medical condition of such veteran precludes appropriate treatment

in facilities described in clauses (A) and (B) of this paragraph"

for "medical services for the treatment of any disability of a

veteran described in clause (1)(B) or (2) of section 612(f) of this

title" in subcl. (ii) of cl. (C), and added subcl. (vi) of cl. (C)

and the provisions following cl. (C) relating to the periodic

review of the necessity for continuing contractual arrangements in

the case of veterans receiving contract care.

Par. (4)(C)(iii). Pub. L. 96-151, Sec. 202, inserted provisions

respecting safe transfer of the veteran, and substituted "medical

services in" for "hospital care in".

Par. (5)(A). Pub. L. 96-151, Sec. 201(b)(1), substituted "travel"

for "transportation".

Par. (5)(C). Pub. L. 96-151, Sec. 201(b)(2), substituted

provisions relating to travel and incidental expenses for

provisions relating to transportation and incidental expenses.

Par. (6)(A)(i). Pub. L. 96-22, Sec. 102(c)(2), substituted

"described in sections 610 and 612 of this title" for "authorized

in sections 612 (b), (c), (d), and (e) of this title".

Par. (6)(B). Pub. L. 96-151, Sec. 201(b)(3), substituted "travel

and incidental expenses" for "necessary expenses of travel and

subsistence".

1978 - Par. (4)(C)(v). Pub. L. 95-520 defined "Veterans'

Administration facilities" to include certain private facilities to

provide medical services to obviate the need for hospital

admission, deleted reference to hospital care for veterans in a

territory, Commonwealth, or possession of the United States not

contiguous to the forty-eight contiguous States, substituted

provision requiring the annually determined hospital patient load

and incidence of the provision of medical services to veterans

hospitalized or treated at expense of Veterans' Administration in

Government and private facilities in each noncontiguous State to be

consistent with patient load or incidence of the provision of

medical services for veterans hospitalized or treated by the

Veterans' Administration within the forty-eight contiguous States

for prior requirement that the annually determined average hospital

patient load per thousand veteran population hospitalized at

Veterans' Administration expense in Government and private

facilities in each noncontiguous State not exceed the average

patient load per thousand veteran population hospitalized by the

Veterans' Administration within the forty-eight contiguous States;

extended termination date for exercise of subcl. (v) authority to

Dec. 31, 1981, from Dec. 31, 1978, except as to Alaska and Hawaii,

and authorized waiver by the Administrator, to prevent hardship, of

applicability to Puerto Rico and Virgin Islands of subcl. (v)

restrictions with respect to hospital patient loads and incidence

of provision of medical services.

1976 - Par. (4)(A). Pub. L. 94-581, Sec. 202(b)(1), substituted

"direct jurisdiction" for "direct and exclusive jurisdiction".

Par. (4)(C). Pub. L. 94-581, Sec. 202(b)(2), inserted "when

facilities described in clause (A) or (B) of this paragraph are not

capable of furnishing economical care because of geographical

inaccessibility or of furnishing the care or services required"

after "contracts" in provisions preceding subcl. (i), substituted

"to a veteran for the treatment of a service-connected disability

or a disability for which a veteran was discharged" for "for

persons suffering from service-connected disabilities or from

disabilities for which such persons were discharged" in subcl. (i),

added subcls. (ii) and (iii), redesignated former subcls. (ii) and

(iii) as (iv) and (v), respectively, and in subcl. (v) as so

redesignated, substituted "subclause (v)" for "clause (iii)".

Par. (5)(A)(ii). Pub. L. 94-581, Sec. 202(b)(3), substituted

"pursuant to the provisions of section 111 of this title" for "for

any veteran who is in need of treatment for a service-connected

disability or who is unable to defray the expense of

transportation".

Par. (5)(B). Pub. L. 94-581, Sec. 102(1), substituted "for the

members of the immediate family or legal guardian of a veteran, or

the individual in whose household such veteran certifies an

intention to live, as may be essential to the effective treatment

and rehabilitation of a veteran or dependent or survivor of a

veteran receiving care under the last sentence of section 613(b) of

this title; and" for "(including (i) necessary expenses for

transportation if unable to defray such expenses; or (ii) necessary

expenses of transportation and subsistence in the case of a veteran

who is receiving care for a service-connected disability, or in the

case of a dependent or survivor of a veteran receiving care under

the last sentence of section 613(b) of this title, under the terms

and conditions set forth in section 111 of this title) of the

members of the immediate family (including legal guardians) of a

veteran or such a dependent or survivor of a veteran, or in the

case of a veteran or such dependent or survivor of a veteran who

has no immediate family members (or legal guardian), the person in

whose household such veteran, or such a dependent or survivor

certifies his intention to live, as may be necessary or appropriate

to the effective treatment and rehabilitation of a veteran or such

a dependent or a survivor of a veteran; and".

Par. (6). Pub. L. 94-581, Sec. 102(2), expanded definition of

"medical services" to include rehabilitation services, podiatric

services, and travel and incidental expenses pursuant to the

provisions of section 111 of this title, and, for the members of

the immediate family or legal guardian of a veteran, or the

individual in whose household such veteran certifies an intention

to live, as may be essential to the effective treatment and

rehabilitation of the veteran, such consultation, professional

counseling, training, and mental health services as are necessary

in connection with the treatment of the service-connected

disability of a veteran pursuant to section 612(a) of this title,

and, in the discretion of the Administrator, of the

non-service-connected disability of a veteran eligible for

treatment under section 612(f)(1)(B) of this title where such

services were initiated during the veteran's hospitalization and

the provision of such services on an outpatient basis is essential

to permit the discharge of the veteran from the hospital.

Par. (7). Pub. L. 94-581, Sec. 102(3), substituted "necessary

medical services and travel and incidental expenses pursuant to the

provisions of section 111 of this title" for "transportation and

incidental expenses for veterans who are unable to defray the

expenses of transportation".

Par. (8). Pub. L. 94-581, Sec. 102(4), added par. (8).

1973 - Par. (4)(C). Pub. L. 93-82, Sec. 101(a), extended the

Administrator's contract authority for providing hospital care and

medical services to persons suffering from service-connected

disabilities or from disabilities for which such persons were

discharged or released from the active military, naval, or air

service and removed the limitation on such authority that such care

be rendered in emergency cases only.

Par. (5). Pub. L. 93-82, Sec. 101(b), incorporated existing

provisions in subpar. (A) and added subpars. (B) and (C).

Par. (6). Pub. L. 93-82, Sec. 101(c), expanded definition of

"medical services" to include home health services determined by

the Secretary to be necessary or appropriate for the effective and

economical treatment of a disability of a veteran or a dependent or

survivor of a veteran receiving care under section 613(b) of this

title.

1968 - Par. (4)(C)(iii). Pub. L. 90-612 expanded category of

veterans of wars in the Territories, Commonwealths, or possessions

of the United States to include, until December 31, 1978, veterans

of such wars in States not contiguous to the forty-eight contiguous

States, with the annually determined average hospital patient load

per thousand of hospitalized veteran population in each such

noncontiguous States not to exceed the average within the

forty-eight contiguous States.

1964 - Par. (2). Pub. L. 88-481 included any veteran awarded the

Medal of Honor.

1960 - Par. (6). Pub. L. 86-639 inserted "(except under the

conditions described in section 612(f)(1))".

Pub. L. 86-598 inserted "optometrists' services" after "medical

examination and treatment".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1202(b) of Pub. L. 103-446 provided that the amendment

made by that section is effective Aug. 6, 1991, and as if included

in the enactment of Pub. L. 102-83.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 19011(d)(2) of Pub. L. 99-272 applicable to

hospital care, nursing home care, and medical services furnished on

or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set

out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1979 AMENDMENTS

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.

Section 107 of Pub. L. 96-22 provided that: "The amendments made

to title 38, United States Code, by sections 102, 103, 104, 105,

and 106 of this Act [see Tables for classification] shall be

effective on October 1, 1979."

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

Section 501 of Pub. L. 93-82 provided that: "The provisions of

this Act [see Tables for classification] shall become effective the

first day of the first calendar month following the date of

enactment [Aug. 2, 1973], except that sections 105 and 106

[amending section 626 [now 1726] of this title and enacting section

628 [now 1728] of this title] shall be effective on January 1,

1971; section 107 [enacting sections 631 and 632 [now 1731 and

1732] of this title and provisions set out as note under section

1732 of this title] shall be effective July 1, 1973; and section

203 [amending former section 4107 of this title] shall become

effective beginning the first pay period following thirty days

after the date of enactment of this Act [Aug. 2, 1973]."

GUIDELINES RELATING TO FURNISHING OF SENSORI-NEURAL AIDS

Section 103(b) of Pub. L. 104-262 provided that: "Not later than

30 days after the date of the enactment of this Act [Oct. 9, 1996],

the Secretary of Veterans Affairs shall prescribe the guidelines

required by the amendments made by subsection (a) [amending this

section] and shall furnish a copy of those guidelines to the

Committees on Veterans' Affairs of the Senate and House of

Representatives."

STUDY OF FEASIBILITY AND ADVISIBILITY OF ALTERNATIVE ORGANIZATIONAL

STRUCTURES FOR EFFECTIVE PROVISION OF HEALTH CARE SERVICES TO

VETERANS

Section 1104 of Pub. L. 103-446 directed Secretary of Veterans

Affairs to submit to Congress, not later than one year after Nov.

2, 1994, report and study on feasibility and advisability of

alternative organizational structures, such as the establishment of

a wholly-owned Government corporation or a Government-sponsored

enterprise, for the effective provision of health care services to

veterans.

CONTRACT HEALTH CARE; RATIFICATION OF ACTION OF ADMINISTRATOR OF

VETERANS' AFFAIRS

Section 103(b) of Pub. L. 98-528 ratified actions by

Administrator of Veterans' Affairs in entering into contracts

applicable to the period beginning Oct. 1, 1984, and ending Oct.

19, 1984, for care described in par. (4)(C)(v) of this section and

in making waivers described in that provision.

ADMINISTRATION CAPABILITY TO PROVIDE APPROPRIATE CARE FOR

GENDER-SPECIFIC DISABILITIES OF WOMEN VETERANS

Section 302 of Pub. L. 98-160, as amended by Pub. L. 102-40,

title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L.

102-83, Secs. 5(c)(2), 6(f), Aug. 6, 1991, 105 Stat. 406, 407,

provided that: "The Secretary of Veterans Affairs shall ensure that

each health-care facility under the direct jurisdiction of the

Secretary is able, through services made available either by

individuals appointed to positions in the Veterans Health

Administration or under contracts or other agreements made under

section 4117 [see 7409], 8111, or 8153 of title 38, United States

Code, to provide appropriate care, in a timely fashion, for any

gender-specific disability (as defined in section 1701(1) of such

title) of a woman veteran eligible for such care under chapter 17

or chapter 31 of such title."

ANNUAL REPORT TO CONGRESS COVERING CONTRACT-CARE PROGRAMS

Section 201(b) of Pub. L. 96-22, which directed Chief Medical

Director of the Veterans' Administration to report to appropriate

committees of Congress, not later than Feb. 1, 1980, and annually

thereafter, on implementation of former par. (4)(C)(v) of this

section and amendments made to this section by section 201 of Pub.

L. 96-22, and on numbers of veterans provided contract treatment

(and average cost and duration thereof) in each State in certain

enumerated categories, was repealed by Pub. L. 100-322, title I,

Sec. 112(b), May 20, 1988, 102 Stat. 499.

HOSPITAL CARE AND MEDICAL SERVICES FURNISHED BY VETERANS'

ADMINISTRATION IN PUERTO RICO AND VIRGIN ISLANDS; REPORT TO

PRESIDENT AND CONGRESS

Section 8 of Pub. L. 95-520, as amended by Pub. L. 96-330, title

IV, Sec. 407, Aug. 26, 1980, 94 Stat. 1053, directed Administrator

of Veterans' Affairs, not later than Feb. 1, 1981, to submit a

report to President and Congress on furnishing by Administration of

hospital care and medical services in Puerto Rico and Virgin

Islands, and set forth applicable criteria and considerations for

the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1710B, 2303, 7318,

7362, 8111, 8111A, 8152 of this title.

-End-

-CITE-

38 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1702. Presumption relating to psychosis

-STATUTE-

For the purposes of this chapter, any veteran of World War II,

the Korean conflict, the Vietnam era, or the Persian Gulf War who

developed an active psychosis (1) within two years after discharge

or release from the active military, naval, or air service, and (2)

before July 26, 1949, in the case of a veteran of World War II,

before February 1, 1957, in the case of a veteran of the Korean

conflict, before May 8, 1977, in the case of a Vietnam era veteran,

or before the end of the two-year period beginning on the last day

of the Persian Gulf War, in the case of a veteran of the Persian

Gulf War, shall be deemed to have incurred such disability in the

active military, naval, or air service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 602; Pub. L.

90-77, title II, Sec. 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L.

97-295, Sec. 4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-576,

title VII, Sec. 701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L.

102-25, title III, Sec. 334(b), Apr. 6, 1991, 105 Stat. 88;

renumbered Sec. 1702, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 602 of this title as

this section.

Pub. L. 102-25 substituted "the Vietnam era, or the Persian Gulf

War" for "or the Vietnam era", struck out "or" before "before May

8, 1977", and inserted "or before the end of the two-year period

beginning on the last day of the Persian Gulf War, in the case of a

veteran of the Persian Gulf War," after "Vietnam era veterans,".

1986 - Pub. L. 99-576 struck out "his" before "discharge".

1982 - Pub. L. 97-295 substituted "before February 1, 1957, in

the case of a veteran of the Korean conflict, or before May 8,

1977," for "or February 1, 1957, in the case of a veteran of the

Korean conflict, or before the expiration of two years following

termination of the Vietnam era".

1967 - Pub. L. 90-77 made the presumption relating to psychosis

applicable to any veteran of the Vietnam era who developed an

active psychosis within two years after his discharge from active

service and before the expiration of two years following

termination of the Vietnam era.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

-End-

-CITE-

38 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1703. Contracts for hospital care and medical services in

non-Department facilities

-STATUTE-

(a) When Department facilities are not capable of furnishing

economical hospital care or medical services because of

geographical inaccessibility or are not capable of furnishing the

care or services required, the Secretary, as authorized in section

1710 of this title, may contract with non-Department facilities in

order to furnish any of the following:

(1) Hospital care or medical services to a veteran for the

treatment of -

(A) a service-connected disability;

(B) a disability for which a veteran was discharged or

released from the active military, naval, or air service; or

(C) a disability of a veteran who has a total disability

permanent in nature from a service-connected disability.

(2) Medical services for the treatment of any disability of -

(A) a veteran described in section 1710(a)(1)(B) of this

title;

(B) a veteran who (i) has been furnished hospital care,

nursing home care, domiciliary care, or medical services, and

(ii) requires medical services to complete treatment incident

to such care or services; or

(C) a veteran described in section 1710(a)(2)(E) of this

title, or a veteran who is in receipt of increased pension, or

additional compensation or allowances based on the need of

regular aid and attendance or by reason of being permanently

housebound (or who, but for the receipt of retired pay, would

be in receipt of such pension, compensation, or allowance), if

the Secretary has determined, based on an examination by a

physician employed by the Department (or, in areas where no

such physician is available, by a physician carrying out such

function under a contract or fee arrangement), that the medical

condition of such veteran precludes appropriate treatment in

Department facilities.

(3) Hospital care or medical services for the treatment of

medical emergencies which pose a serious threat to the life or

health of a veteran receiving medical services in a Department

facility or nursing home care under section 1720 of this title

until such time following the furnishing of care in the

non-Department facility as the veteran can be safely transferred

to a Department facility.

(4) Hospital care for women veterans.

(5) Hospital care, or medical services that will obviate the

need for hospital admission, for veterans in a State (other than

the Commonwealth of Puerto Rico) not contiguous to the contiguous

States, except that the annually determined hospital patient load

and incidence of the furnishing of medical services to veterans

hospitalized or treated at the expense of the Department in

Government and non-Department facilities in each such

noncontiguous State shall be consistent with the patient load or

incidence of the furnishing of medical services for veterans

hospitalized or treated by the Department within the 48

contiguous States and the Commonwealth of Puerto Rico.

(6) Diagnostic services necessary for determination of

eligibility for, or of the appropriate course of treatment in

connection with, furnishing medical services at independent

Department out-patient clinics to obviate the need for hospital

admission.

(7) Outpatient dental services and treatment, and related

dental appliances, for a veteran described in section

1712(a)(1)(F) of this title.

(8) Diagnostic services (on an inpatient or outpatient basis)

for observation or examination of a person to determine

eligibility for a benefit or service under laws administered by

the Secretary.

(b) In the case of any veteran for whom the Secretary contracts

to furnish care or services in a non-Department facility pursuant

to a provision of subsection (a) of this section, the Secretary

shall periodically review the necessity for continuing such

contractual arrangement pursuant to such provision.

(c) The Secretary shall include in the budget documents which the

Secretary submits to Congress for any fiscal year a detailed report

on the furnishing of contract care and services during the most

recently completed fiscal year under this section, sections 1712A,

1720, 1720A, 1724, and 1732 of this title, and section 115 of the

Veterans' Benefits and Services Act of 1988 (Public Law 100-322;

102 Stat. 501).

-SOURCE-

(Added Pub. L. 99-272, title XIX, Sec. 19012(b)(1), Apr. 7, 1986,

100 Stat. 380, Sec. 603; amended Pub. L. 99-166, title I, Sec.

102(b)(1), Dec. 3, 1985, 99 Stat. 943; Pub. L. 99-272, title XIX,

Sec. 19012(c)(5)(A), Apr. 7, 1986, 100 Stat. 382; Pub. L. 100-322,

title I, Secs. 101(e)(3), 104, 112(a), May 20, 1988, 102 Stat. 492,

493, 499; Pub. L. 100-687, div. B, title XV, Sec. 1503(a)(1), Nov.

18, 1988, 102 Stat. 4133; Pub. L. 102-54, Sec. 14(b)(9), June 13,

1991, 105 Stat. 283; renumbered Sec. 1703 and amended Pub. L.

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

6, 1991, 105 Stat. 403-406; Pub. L. 102-585, title V, Sec. 501,

Nov. 4, 1992, 106 Stat. 4955; Pub. L. 104-262, title I, Sec.

104(b), Oct. 9, 1996, 110 Stat. 3184.)

-REFTEXT-

REFERENCES IN TEXT

Section 115 of the Veterans' Benefits and Services Act of 1988,

referred to in subsec. (c), is set out as a note under section 1712

of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-262, Sec. 104(b)(1), struck out

"or 1712" after ", as authorized in section 1710" in introductory

provisions.

Subsec. (a)(2)(A). Pub. L. 104-262, Sec. 104(b)(2)(A),

substituted "1710(a)(1)(B)" for "1712(a)(1)(B)".

Subsec. (a)(2)(B). Pub. L. 104-262, Sec. 104(b)(2)(B), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "a veteran described in paragraph (2), (3), or (4) of

section 1712(a) of this title, for a purpose described in section

1712(a)(5)(B) of this title;".

Subsec. (a)(2)(C). Pub. L. 104-262, Sec. 104(b)(2)(C),

substituted "section 1710(a)(2)(E) of this title, or a veteran who

is in receipt of increased pension, or additional compensation or

allowances based on the need of regular aid and attendance or by

reason of being permanently housebound (or who, but for the receipt

of retired pay, would be in receipt of such pension, compensation,

or allowance)," for "section 1712(a)(3) (other than a veteran who

is a former prisoner of war) of this title".

Subsec. (a)(7). Pub. L. 104-262, Sec. 104(b)(3), substituted

"1712(a)(1)(F)" for "1712(b)(1)(F)".

1992 - Subsec. (a)(1)(C). Pub. L. 102-585 added subpar. (C).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 603 of this

title as this section.

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration" in section catchline.

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

1712" for "610 or 612" in introductory provisions, "1712(a)(1)(B)"

for "612(a)(1)(B)" in par. (2)(A), "1712(a)" for "612(a)" and

"1712(a)(5)(B)" for "612(a)(5)(B)" in par. (2)(B), "1712(a)(3)" for

"612(a)(3)" in par. (2)(C), "1720" for "620" in par. (3), and

"1712(b)(1)(F)" for "612(b)(1)(F)" in par. (7).

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

"Administrator" in introductory provisions and in par. (2)(C).

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration" in introductory provisions and in

pars. (3) and (5).

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

"Veterans' Administration" wherever appearing in introductory

provisions and pars. (2), (3), (5), and (6).

Subsec. (a)(2)(B). Pub. L. 102-54, Sec. 14(b)(9)(A), struck out

"section" before "paragraph".

Subsec. (a)(7). Pub. L. 102-54, Sec. 14(b)(9)(B), substituted

"section 612(b)(1)(F)" for "section 612(b)(1)(G)".

Subsec. (a)(8). Pub. L. 102-83, Sec. 4(a)(1), substituted

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

Administration".

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

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712A,

1720, 1720A, 1724, and 1732" for "612A, 620, 620A, 624, and 632".

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

"Administrator" in two places.

Pub. L. 102-54, Sec. 14(b)(9)(C), inserted before period at end

"(Public Law 100-322; 102 Stat. 501)".

1988 - Subsec. (a). Pub. L. 100-322, Sec. 104(b)(1), substituted

"furnish any of the following:" for "furnish - ".

Subsec. (a)(1). Pub. L. 100-322, Sec. 104(b)(2), (3), substituted

"Hospital" for "hospital" and the period for semicolon at end.

Subsec. (a)(2). Pub. L. 100-322, Sec. 104(b)(2), (3), substituted

"Medical" for "medical" and the period for semicolon at end.

Subsec. (a)(2)(B). Pub. L. 100-687 substituted "paragraph (2),

(3), or (4) of section 612(a)" for "612(a)(4)", and "612(a)(5)(B)"

for "612(a)(5)".

Pub. L. 100-322, Sec. 101(e)(3)(A), substituted "section

612(a)(4) of this title, for a purpose described in section

612(a)(5) of this title" for "section 612(f)(1)(A)(ii) of this

title".

Subsec. (a)(2)(C). Pub. L. 100-322, Sec. 101(e)(3)(B),

substituted "section 612(a)(3) (other than a veteran who is a

former prisoner of war)" for "section 612(g)".

Subsec. (a)(3). Pub. L. 100-322, Sec. 104(a)(1), (b)(2), (3),

substituted "Hospital" for "hospital", inserted "or nursing home

care under section 620 of this title", and substituted the period

for semicolon at end.

Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 104(b)(2), (3),

substituted "Hospital" for "hospital" and the period for semicolon

at end.

Subsec. (a)(6). Pub. L. 100-322, Sec. 104(b)(2), (4), substituted

"Diagnostic" for "diagnostic" and the period for "; or".

Subsec. (a)(7). Pub. L. 100-322, Sec. 104(b)(2), substituted

"Outpatient" for "outpatient".

Subsec. (a)(8). Pub. L. 100-322, Sec. 104(a)(2), added par. (8).

Subsec. (c). Pub. L. 100-322, Sec. 112(a), added subsec. (c).

1986 - Subsec. (a)(5). Pub. L. 99-272, Sec. 19012(c)(5)(A), made

conforming amendment to Pub. L. 99-166, Sec. 102(b)(1). See 1985

Amendment note below.

1985 - Subsec. (a)(5). Pub. L. 99-166, Sec. 102(b)(1), as amended

by Pub. L. 99-272, Sec. 19012(c)(5)(A), inserted "(other than the

Commonwealth of Puerto Rico)" after "in a State" and substituted

"contiguous States and the Commonwealth of Puerto Rico" for

"contiguous States, but the authority of the Administrator under

this paragraph with respect to the Commonwealth of Puerto Rico

shall expire on September 30, 1988, and until such date the

Administrator may, if necessary to prevent hardship, waive the

applicability to the Commonwealth of Puerto Rico of the

restrictions in this paragraph with respect to hospital patient

loads and the incidence of the furnishing of medical services".

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 1503(b) of Pub. L. 100-687 provided that: "The amendments

made by subsection (a)(1) [amending this section] shall apply with

respect to the furnishing of medical services by contract to

veterans who apply to the Veterans' Administration for medical

services after June 30, 1988."

Section 101(i) of Pub. L. 100-322 provided that: "The amendments

made by this section [amending this section and sections 612 and

617 [now 1712 and 1717] of this title] shall apply with respect to

the furnishing of medical services to veterans who apply for such

services after June 30, 1988."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 102(b)(1) of Pub. L. 99-166, as amended by Pub. L.

99-272, title XIX, Sec. 19012(c)(5)(A), Apr. 7, 1986, 100 Stat.

382, provided that the amendment made by that section is effective

Oct. 1, 1988.

RATIFICATION OF MEDICAL SERVICES CONTRACTS

Section 1503(c) of Pub. L. 100-687 ratified actions of the

Administrator in contracting with facilities other than Veterans'

Administration facilities for furnishing medical services incident

to treatment of certain veterans receiving hospital, nursing home,

or domiciliary care, who applied for such services during the

period beginning July 1, 1988, and ending Nov. 18, 1988.

PUERTO RICO CONTRACT CARE; LIMITATION ON INCURRING OF OBLIGATIONS

Section 102(b)(2)-(5) of Pub. L. 99-166, as amended by Pub. L.

99-272, title XIX, Sec. 19012(c)(5)(B), Apr. 7, 1986, 100 Stat.

382, limited Administrator's authority to incur obligations for

medical services for veterans residing in Puerto Rico during fiscal

years 1986 to 1988.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712, 1712A, 2303 of this

title; title 42 section 1395cc.

-End-

-CITE-

38 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1704. Preventive health services: annual report

-STATUTE-

Not later than October 31 each year, the Secretary shall submit

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

Representatives a report on preventive health services. Each such

report shall include the following:

(1) A description of the programs and activities of the

Department with respect to preventive health services during the

preceding fiscal year, including a description of the following:

(A) The programs conducted by the Department -

(i) to educate veterans with respect to health promotion

and disease prevention; and

(ii) to provide veterans with preventive health screenings

and other clinical services, with such description setting

forth the types of resources used by the Department to

conduct such screenings and services and the number of

veterans reached by such screenings and services.

(B) The means by which the Secretary addressed the specific

preventive health services needs of particular groups of

veterans (including veterans with service-connected

disabilities, elderly veterans, low-income veterans, women

veterans, institutionalized veterans, and veterans who are at

risk for mental illness).

(C) The manner in which the provision of such services was

coordinated with the activities of the Medical and Prosthetic

Research Service of the Department and the National Center for

Preventive Health.

(D) The manner in which the provision of such services was

integrated into training programs of the Department, including

initial and continuing medical training of medical students,

residents, and Department staff.

(E) The manner in which the Department participated in

cooperative preventive health efforts with other governmental

and private entities (including State and local health

promotion offices and not-for-profit organizations).

(F) The specific research carried out by the Department with

respect to the long-term relationships among screening

activities, treatment, and morbidity and mortality outcomes.

(G) The cost effectiveness of such programs and activities,

including an explanation of the means by which the costs and

benefits (including the quality of life of veterans who

participate in such programs and activities) of such programs

and activities are measured.

(2) A specific description of research activities on preventive

health services carried out during that period using employees,

funds, equipment, office space, or other support services of the

Department, with such description setting forth -

(A) the source of funds for those activities;

(B) the articles or publications (including the authors of

the articles and publications) in which those activities are

described;

(C) the Federal, State, or local governmental entity or

private entity, if any, with which such activities were carried

out; and

(D) the clinical, research, or staff education projects for

which funding applications were submitted (including the source

of the funds applied for) and upon which a decision is pending

or was denied.

(3) An accounting of the expenditure of funds during that

period by the National Center for Preventive Health under section

7318 of this title.

-SOURCE-

(Added Pub. L. 102-585, title V, Sec. 512(a), Nov. 4, 1992, 106

Stat. 4957.)

-End-

-CITE-

38 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1705. Management of health care: patient enrollment system

-STATUTE-

(a) In managing the provision of hospital care and medical

services under section 1710(a) of this title, the Secretary, in

accordance with regulations the Secretary shall prescribe, shall

establish and operate a system of annual patient enrollment. The

Secretary shall manage the enrollment of veterans in accordance

with the following priorities, in the order listed:

(1) Veterans with service-connected disabilities rated 50

percent or greater.

(2) Veterans with service-connected disabilities rated 30

percent or 40 percent.

(3) Veterans who are former prisoners of war or who were

awarded the Purple Heart, veterans with service-connected

disabilities rated 10 percent or 20 percent, and veterans

described in subparagraphs (B) and (C) of section 1710(a)(2) of

this title.

(4) Veterans who are in receipt of increased pension based on a

need of regular aid and attendance or by reason of being

permanently housebound and other veterans who are

catastrophically disabled.

(5) Veterans not covered by paragraphs (1) through (4) who are

unable to defray the expenses of necessary care as determined

under section 1722(a) of this title.

(6) All other veterans eligible for hospital care, medical

services, and nursing home care under section 1710(a)(2) of this

title.

(7) Veterans described in section 1710(a)(3) of this title who

are eligible for treatment as a low-income family under section

3(b) of the United States Housing Act of 1937 (42 U.S.C.

1437a(b)) for the area in which such veterans reside, regardless

of whether such veterans are treated as single person families

under paragraph (3)(A) of such section 3(b) or as families under

paragraph (3)(B) of such section 3(b).

(8) Veterans described in section 1710(a)(3) of this title who

are not covered by paragraph (7).

(b) In the design of an enrollment system under subsection (a),

the Secretary -

(1) shall ensure that the system will be managed in a manner to

ensure that the provision of care to enrollees is timely and

acceptable in quality;

(2) may establish additional priorities within each priority

group specified in subsection (a), as the Secretary determines

necessary; and

(3) may provide for exceptions to the specified priorities

where dictated by compelling medical reasons.

(c)(1) The Secretary may not provide hospital care or medical

services to a veteran under paragraph (2) or (3) of section 1710(a)

of this title unless the veteran enrolls in the system of patient

enrollment established by the Secretary under subsection (a).

(2) The Secretary shall provide hospital care and medical

services under section 1710(a)(1) of this title, and under

subparagraph (B) of section 1710(a)(2) of this title, for the

12-month period following such veteran's discharge or release from

service, to any veteran referred to in such sections for a

disability specified in the applicable subparagraph of such

section, notwithstanding the failure of the veteran to enroll in

the system of patient enrollment referred to in subsection (a) of

this section.

-SOURCE-

(Added Pub. L. 104-262, title I, Sec. 104(a)(1), Oct. 9, 1996, 110

Stat. 3182; amended Pub. L. 106-117, title I, Sec. 112(2), Nov. 30,

1999, 113 Stat. 1556; Pub. L. 107-135, title II, Sec. 202(a), Jan.

23, 2002, 115 Stat. 2457; Pub. L. 107-330, title III, Sec.

308(g)(4), Dec. 6, 2002, 116 Stat. 2828.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(7), (8). Pub. L. 107-135 added pars. (7) and

(8) and struck out former par. (7) which read as follows: "Veterans

described in section 1710(a)(3) of this title."

Subsec. (c)(1). Pub. L. 107-330 substituted "The Secretary" for

"Effective on October 1, 1998, the Secretary".

1999 - Subsec. (a)(3). Pub. L. 106-117 inserted "or who were

awarded the Purple Heart" after "former prisoners of war".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-135, title II, Sec. 202(c), Jan. 23, 2002, 115 Stat.

2457, provided that: "The amendments made by this section [amending

this section and section 1710 of this title] shall take effect on

October 1, 2002."

ASSESSMENT OF IMPLEMENTATION AND OPERATION OF AMENDMENTS BY PUB. L.

104-262

Section 106 of title I of Pub. L. 104-262 provided that:

"(a) Assessment Systems. - The Secretary of Veterans Affairs

shall establish information systems to assess the experience of the

Department of Veterans Affairs in implementing sections 101, 103,

and 104 [enacting this section and section 1706 of this title,

amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717, 1718,

1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this title, and

enacting provisions set out as a note under section 1701 of this

title], including the amendments made by those sections, during

fiscal year 1997. The Secretary shall establish those information

systems in time to include assessments under such systems in the

report required under subsection (b).

"(b) Report. - Not later than March 1, 1998, the Secretary shall

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

House of Representatives a report reflecting the experience of the

Department during fiscal year 1997 on -

"(1) the effect of implementation of, and provision and

management of care under, sections 101, 103, and 104 (including

the amendments made by those sections) on demand for health care

services from the Department of Veterans Affairs by veterans

described in paragraphs (1), (2), and (3) of section 1710(a) of

title 38, United States Code, as amended by section 101;

"(2) any differing patterns of demand on the part of such

veterans relating to such factors as relative distance from

Department facilities and prior experience, or lack of

experience, as recipients of care from the Department;

"(3) the extent to which the Department has met such demand for

care; and

"(4) changes in health-care delivery patterns in Department

facilities and the fiscal impact of such changes.

"(c) Matters To Be Included. - The report under subsection (b)

shall include detailed information with respect to fiscal year 1997

regarding the following:

"(1) The number of veterans enrolled for care at each

Department medical facility and, of such veterans, the number

enrolled at each such facility who had not received care from the

Department during the preceding three fiscal years.

"(2) With respect to the veterans who had not received care

from the Department during the three preceding fiscal years, the

total cost of providing care to such veterans, shown in total and

separately (A) by level of care, and (B) by reference to whether

care was furnished in Department facilities or under contract

arrangements.

"(3) With respect to the number of veterans described in

paragraphs (1), (2), and (3) of section 1710(a) of title 38,

United States Code, as amended by section 101, who applied for

health care from the Department during fiscal year 1997 -

"(A) the number who applied for care (shown in total and

separately by facility);

"(B) the number who were denied enrollment (shown in total

and separately by facility); and

"(C) the number who were denied care which was considered to

be medically necessary but not of an emergency nature (shown in

total and separately by facility).

"(4) The numbers and characteristics of, and the type and

extent of health care furnished to, veterans enrolled for care

(shown in total and separately by facility).

"(5) The numbers and characteristics of, and the type and

extent of health care furnished to, veterans not enrolled for

care (shown separately by reference to each class of eligibility,

both in total and separately by facility).

"(6) The specific fiscal impact (shown in total and by

geographic health-care delivery areas) of changes in delivery

patterns instituted under the amendments made by this title

[enacting this section and section 1706 of this title and

amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717,

1718, 1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this

title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1710, 1714, 1718, 1720,

1725, 1785, 2062 of this title; title 10 section 1076c.

-End-

-CITE-

38 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1706. Management of health care: other requirements

-STATUTE-

(a) In managing the provision of hospital care and medical

services under section 1710(a) of this title, the Secretary shall,

to the extent feasible, design, establish and manage health care

programs in such a manner as to promote cost-effective delivery of

health care services in the most clinically appropriate setting.

(b)(1) In managing the provision of hospital care and medical

services under such section, the Secretary shall ensure that the

Department (and each geographic service area of the Veterans Health

Administration) maintains its capacity to provide for the

specialized treatment and rehabilitative needs of disabled veterans

(including veterans with spinal cord dysfunction, blindness,

amputations, and mental illness) within distinct programs or

facilities of the Department that are dedicated to the specialized

needs of those veterans in a manner that (A) affords those veterans

reasonable access to care and services for those specialized needs,

and (B) ensures that overall capacity of the Department (and each

geographic service area of the Veterans Health Administration) to

provide such services is not reduced below the capacity of the

Department, nationwide, to provide those services, as of October 9,

1996. The Secretary shall carry out this paragraph in consultation

with the Advisory Committee on Prosthetics and Special Disabilities

Programs and the Committee on Care of Severely Chronically Mentally

Ill Veterans.

(2) For purposes of paragraph (1), the capacity of the Department

(and each geographic service area of the Veterans Health

Administration) to provide for the specialized treatment and

rehabilitative needs of disabled veterans (including veterans with

spinal cord dysfunction, traumatic brain injury, blindness,

prosthetics and sensory aids, and mental illness) within distinct

programs or facilities shall be measured for seriously mentally ill

veterans as follows (with all such data to be provided by

geographic service area and totaled nationally):

(A) For mental health intensive community-based care, the

number of discrete intensive care teams constituted to provide

such intensive services to seriously mentally ill veterans and

the number of veterans provided such care.

(B) For opioid substitution programs, the number of patients

treated annually and the amounts expended.

(C) For dual-diagnosis patients, the number treated annually

and the amounts expended.

(D) For substance-use disorder programs -

(i) the number of beds (whether hospital, nursing home, or

other designated beds) employed and the average bed occupancy

of such beds;

(ii) the percentage of unique patients admitted directly to

outpatient care during the fiscal year who had two or more

additional visits to specialized outpatient care within 30 days

of their first visit, with a comparison from 1996 until the

date of the report;

(iii) the percentage of unique inpatients with substance-use

disorder diagnoses treated during the fiscal year who had one

or more specialized clinic visits within three days of their

index discharge, with a comparison from 1996 until the date of

the report;

(iv) the percentage of unique outpatients seen in a facility

or geographic service area during the fiscal year who had one

or more specialized clinic visits, with a comparison from 1996

until the date of the report; and

(v) the rate of recidivism of patients at each specialized

clinic in each geographic service area of the Veterans Health

Administration.

(E) For mental health programs, the number and type of staff

that are available at each facility to provide specialized mental

health treatment, including satellite clinics, outpatient

programs, and community-based outpatient clinics, with a

comparison from 1996 to the date of the report.

(F) The number of such clinics providing mental health care,

the number and type of mental health staff at each such clinic,

and the type of mental health programs at each such clinic.

(G) The total amounts expended for mental health during the

fiscal year.

(3) For purposes of paragraph (1), the capacity of the Department

(and each geographic service area of the Veterans Health

Administration) to provide for the specialized treatment and

rehabilitative needs of disabled veterans within distinct programs

or facilities shall be measured for veterans with spinal cord

dysfunction, traumatic brain injury, blindness, or prosthetics and

sensory aids as follows (with all such data to be provided by

geographic service area and totaled nationally):

(A) For spinal cord injury and dysfunction specialized centers

and for blind rehabilitation specialized centers, the number of

staffed beds and the number of full-time equivalent employees

assigned to provide care at such centers.

(B) For prosthetics and sensory aids, the annual amount

expended.

(C) For traumatic brain injury, the number of patients treated

annually and the amounts expended.

(4) In carrying out paragraph (1), the Secretary may not use

patient outcome data as a substitute for, or the equivalent of,

compliance with the requirement under that paragraph for

maintenance of capacity.

(5)(A) Not later than April 1 of each year through 2004, the

Secretary shall submit to the Committees on Veterans' Affairs of

the Senate and House of Representatives a report on the Secretary's

compliance, by facility and by service-network, with the

requirements of this subsection. Each such report shall include

information on recidivism rates associated with substance-use

disorder treatment.

(B) In preparing each report under subparagraph (A), the

Secretary shall use standardized data and data definitions.

(C) Each report under subparagraph (A) shall be audited by the

Inspector General of the Department, who shall submit to Congress a

certification as to the accuracy of each such report.

(6)(A) To ensure compliance with paragraph (1), the Under

Secretary for Health shall prescribe objective standards of job

performance for employees in positions described in subparagraph

(B) with respect to the job performance of those employees in

carrying out the requirements of paragraph (1). Those job

performance standards shall include measures of workload,

allocation of resources, and quality-of-care indicators.

(B) Positions described in this subparagraph are positions in the

Veterans Health Administration that have responsibility for

allocating and managing resources applicable to the requirements of

paragraph (1).

(C) The Under Secretary shall develop the job performance

standards under subparagraph (A) in consultation with the Advisory

Committee on Prosthetics and Special Disabilities Programs and the

Committee on Care of Severely Chronically Mentally Ill Veterans.

(c) The Secretary shall ensure that each primary care health care

facility of the Department develops and carries out a plan to

provide mental health services, either through referral or direct

provision of services, to veterans who require such services.

-SOURCE-

(Added Pub. L. 104-262, title I, Sec. 104(a)(1), Oct. 9, 1996, 110

Stat. 3183; amended Pub. L. 105-368, title IX, Sec. 903(a), title

X, Sec. 1005(b)(2), Nov. 11, 1998, 112 Stat. 3360, 3365; Pub. L.

107-95, Sec. 8(a), Dec. 21, 2001, 115 Stat. 919; Pub. L. 107-135,

title II, Sec. 203, Jan. 23, 2002, 115 Stat. 2458.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-135, Sec. 203(a)(1), inserted

"(and each geographic service area of the Veterans Health

Administration)" after "ensure that the Department" in introductory

provisions and "(and each geographic service area of the Veterans

Health Administration)" after "overall capacity of the Department"

in cl. (B).

Subsec. (b)(2) to (4). Pub. L. 107-135, Sec. 203(a)(3), added

pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and

(6), respectively.

Subsec. (b)(5). Pub. L. 107-135, Sec. 203(a)(2), (b),

redesignated par. (2) as (5), inserted "(A)" before "Not later

than", substituted "April 1 of each year through 2004" for "April

1, 1999, April 1, 2000, and April 1, 2001", inserted at end of

subpar. (A) "Each such report shall include information on

recidivism rates associated with substance-use disorder

treatment.", and added subpars. (B) and (C).

Subsec. (b)(6). Pub. L. 107-135, Sec. 203(a)(2), redesignated

par. (3) as (6).

2001 - Subsec. (c). Pub. L. 107-95 added subsec. (c).

1998 - Subsec. (b)(1). Pub. L. 105-368, Sec. 1005(b)(2),

substituted "October 9, 1996" for "the date of the enactment of

this section".

Subsec. (b)(2). Pub. L. 105-368, Sec. 903(a)(1), substituted

"April 1, 1999, April 1, 2000, and April 1, 2001" for "April 1,

1997, April 1, 1998, and April 1, 1999".

Subsec. (b)(3). Pub. L. 105-368, Sec. 903(a)(2), added par. (3).

DEADLINE FOR PRESCRIBING STANDARDS

Pub. L. 105-368, title IX, Sec. 903(b), Nov. 11, 1998, 112 Stat.

3361, provided that: "The standards of job performance required by

paragraph (3) of section 1706(b) of title 38, United States Code,

as added by subsection (a), shall be prescribed not later than

January 1, 1999."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8111 of this title.

-End-

-CITE-

38 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1707. Limitations

-STATUTE-

(a) Funds appropriated to carry out this chapter may not be used

for purposes that are inconsistent with the Assisted Suicide

Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.).

(b) The Secretary may furnish sensori-neural aids only in

accordance with guidelines prescribed by the Secretary.

-SOURCE-

(Added Pub. L. 105-12, Sec. 9(i)(1), Apr. 30, 1997, 111 Stat. 27;

amended Pub. L. 107-135, title II, Sec. 208(a)(2), (f)(2), Jan. 23,

2002, 115 Stat. 2462, 2464; Pub. L. 107-330, title III, Sec.

308(g)(5), Dec. 6, 2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

The Assisted Suicide Funding Restriction Act of 1997, referred to

in subsec. (a), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23,

which is classified principally to chapter 138 (Sec. 14401 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 14401 of Title 42.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-135, Sec. 208(f)(2), substituted "Limitations"

for "Restriction on use of funds for assisted suicide, euthanasia,

or mercy killing" as section catchline.

Pub. L. 107-135, Sec. 208(a)(2), designated existing provisions

as subsec. (a) and added subsec. (b).

Subsec. (a). Pub. L. 107-330 inserted "(42 U.S.C. 14401 et seq.)"

before period at end.

EFFECTIVE DATE

Section effective Apr. 30, 1997, and applicable to Federal

payments made pursuant to obligations incurred after Apr. 30, 1997,

for items and services provided on or after such date, subject to

also being applicable with respect to contracts entered into,

renewed, or extended after Apr. 30, 1997, as well as contracts

entered into before Apr. 30, 1997, to the extent permitted under

such contracts, see section 11 of Pub. L. 105-12, set out as a note

under section 14401 of Title 42, The Public Health and Welfare.

-End-

-CITE-

38 USC Sec. 1708 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1708. Temporary lodging

-STATUTE-

(a) The Secretary may furnish persons described in subsection (b)

with temporary lodging in a Fisher house or other appropriate

facility in connection with the examination, treatment, or care of

a veteran under this chapter or, as provided for under subsection

(e)(5), in connection with benefits administered under this title.

(b) Persons to whom the Secretary may provide lodging under

subsection (a) are the following:

(1) A veteran who must travel a significant distance to receive

care or services under this title.

(2) A member of the family of a veteran and others who

accompany a veteran and provide the equivalent of familial

support for such veteran.

(c) In this section, the term "Fisher house" means a housing

facility that -

(1) is located at, or in proximity to, a Department medical

facility;

(2) is available for residential use on a temporary basis by

patients of that facility and others described in subsection

(b)(2); and

(3) is constructed by, and donated to the Secretary by, the

Zachary and Elizabeth M. Fisher Armed Services Foundation.

(d) The Secretary may establish charges for providing lodging

under this section. The proceeds from such charges shall be

credited to the medical care account and shall be available until

expended for the purposes of providing such lodging.

(e) The Secretary shall prescribe regulations to carry out this

section. Such regulations shall include provisions -

(1) limiting the duration of lodging provided under this

section;

(2) establishing standards and criteria under which charges are

established for such lodging under subsection (d);

(3) establishing criteria for persons considered to be

accompanying a veteran under subsection (b)(2);

(4) establishing criteria for the use of the premises of

temporary lodging facilities under this section; and

(5) establishing any other limitations, conditions, and

priorities that the Secretary considers appropriate with respect

to lodging under this section.

-SOURCE-

(Added Pub. L. 106-419, title II, Sec. 221(a), Nov. 1, 2000, 114

Stat. 1844.)

-End-

-CITE-

38 USC SUBCHAPTER II - HOSPITAL, NURSING HOME, OR

DOMICILIARY CARE AND MEDICAL TREATMENT 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-581, title II, Sec. 202(c), Oct. 21, 1976, 90

Stat. 2855, inserted ", NURSING HOME," in subchapter heading.

-End-

-CITE-

38 USC Sec. 1710 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1710. Eligibility for hospital, nursing home, and domiciliary

care

-STATUTE-

(a)(1) The Secretary (subject to paragraph (4)) shall furnish

hospital care and medical services which the Secretary determines

to be needed -

(A) to any veteran for a service-connected disability; and

(B) to any veteran who has a service-connected disability rated

at 50 percent or more.

(2) The Secretary (subject to paragraph (4)) shall furnish

hospital care and medical services, and may furnish nursing home

care, which the Secretary determines to be needed to any veteran -

(A) who has a compensable service-connected disability rated

less than 50 percent or, with respect to nursing home care during

any period during which the provisions of section 1710A(a) of

this title are in effect, a compensable service-connected

disability rated less than 70 percent;

(B) whose discharge or release from active military, naval, or

air service was for a disability that was incurred or aggravated

in the line of duty;

(C) who is in receipt of, or who, but for a suspension pursuant

to section 1151 of this title (or both a suspension and the

receipt of retired pay), would be entitled to disability

compensation, but only to the extent that such veteran's

continuing eligibility for such care is provided for in the

judgment or settlement provided for in such section;

(D) who is a former prisoner of war or who was awarded the

Purple Heart;

(E) who is a veteran of the Mexican border period or of World

War I;

(F) who was exposed to a toxic substance, radiation, or other

conditions, as provided in subsection (e); or

(G) who is unable to defray the expenses of necessary care as

determined under section 1722(a) of this title.

(3) In the case of a veteran who is not described in paragraphs

(1) and (2), the Secretary may, to the extent resources and

facilities are available and subject to the provisions of

subsections (f) and (g), furnish hospital care, medical services,

and nursing home care which the Secretary determines to be needed.

(4) The requirement in paragraphs (1) and (2) that the Secretary

furnish hospital care and medical services, the requirement in

section 1710A(a) of this title that the Secretary provide nursing

home care, and the requirement in section 1710B of this title that

the Secretary provide a program of extended care services shall be

effective in any fiscal year only to the extent and in the amount

provided in advance in appropriations Acts for such purposes.

(5) During any period during which the provisions of section

1710A(a) of this title are not in effect, the Secretary may furnish

nursing home care which the Secretary determines is needed to any

veteran described in paragraph (1), with the priority for such care

on the same basis as if provided under that paragraph.

(b)(1) The Secretary may furnish to a veteran described in

paragraph (2) of this subsection such domiciliary care as the

Secretary determines is needed for the purpose of the furnishing of

medical services to the veteran.

(2) This subsection applies in the case of the following

veterans:

(A) Any veteran whose annual income (as determined under

section 1503 of this title) does not exceed the maximum annual

rate of pension that would be applicable to the veteran if the

veteran were eligible for pension under section 1521(d) of this

title.

(B) Any veteran who the Secretary determines has no adequate

means of support.

(c) While any veteran is receiving hospital care or nursing home

care in any Department facility, the Secretary may, within the

limits of Department facilities, furnish medical services to

correct or treat any non-service-connected disability of such

veteran, in addition to treatment incident to the disability for

which such veteran is hospitalized, if the veteran is willing, and

the Secretary finds such services to be reasonably necessary to

protect the health of such veteran. The Secretary may furnish

dental services and treatment, and related dental appliances, under

this subsection for a non-service-connected dental condition or

disability of a veteran only (1) to the extent that the Secretary

determines that the dental facilities of the Department to be used

to furnish such services, treatment, or appliances are not needed

to furnish services, treatment, or appliances for dental conditions

or disabilities described in section 1712(a) of this title, or (2)

if (A) such non-service-connected dental condition or disability is

associated with or aggravating a disability for which such veteran

is receiving hospital care, or (B) a compelling medical reason or a

dental emergency requires furnishing dental services, treatment, or

appliances (excluding the furnishing of such services, treatment,

or appliances of a routine nature) to such veteran during the

period of hospitalization under this section.

(d) In no case may nursing home care be furnished in a hospital

not under the direct jurisdiction of the Secretary except as

provided in section 1720 of this title.

(e)(1)(A) A Vietnam-era herbicide-exposed veteran is eligible

(subject to paragraph (2)) for hospital care, medical services, and

nursing home care under subsection (a)(2)(F) for any disability,

notwithstanding that there is insufficient medical evidence to

conclude that such disability may be associated with such exposure.

(B) A radiation-exposed veteran is eligible for hospital care,

medical services, and nursing home care under subsection (a)(2)(F)

for any disease suffered by the veteran that is -

(i) a disease listed in section 1112(c)(2) of this title; or

(ii) any other disease for which the Secretary, based on the

advice of the Advisory Committee on Environmental Hazards,

determines that there is credible evidence of a positive

association between occurrence of the disease in humans and

exposure to ionizing radiation.

(C) Subject to paragraphs (2) and (3) of this subsection, a

veteran who served on active duty in the Southwest Asia theater of

operations during the Persian Gulf War is eligible for hospital

care, medical services, and nursing home care under subsection

(a)(2)(F) for any disability, notwithstanding that there is

insufficient medical evidence to conclude that such disability may

be associated with such service.

(D) Subject to paragraphs (2) and (3), a veteran who served on

active duty in a theater of combat operations (as determined by the

Secretary in consultation with the Secretary of Defense) during a

period of war after the Persian Gulf War, or in combat against a

hostile force during a period of hostilities (as defined in section

1712A(a)(2)(B) of this title) after November 11, 1998, is eligible

for hospital care, medical services, and nursing home care under

subsection (a)(2)(F) for any illness, notwithstanding that there is

insufficient medical evidence to conclude that such condition is

attributable to such service.

(2)(A) In the case of a veteran described in paragraph (1)(A),

hospital care, medical services, and nursing home care may not be

provided under subsection (a)(2)(F) with respect to -

(i) a disability that is found, in accordance with guidelines

issued by the Under Secretary for Health, to have resulted from a

cause other than an exposure described in paragraph (4)(A)(ii);

or

(ii) a disease for which the National Academy of Sciences, in a

report issued in accordance with section 3 of the Agent Orange

Act of 1991, has determined that there is limited or suggestive

evidence of the lack of a positive association between occurrence

of the disease in humans and exposure to a herbicide agent.

(B) In the case of a veteran described in paragraph (1)(C) or

(1)(D), hospital care, medical services, and nursing home care may

not be provided under subsection (a)(2)(F) with respect to a

disability that is found, in accordance with guidelines issued by

the Under Secretary for Health, to have resulted from a cause other

than the service described in that paragraph.

(3) Hospital care, medical services, and nursing home care may

not be provided under or by virtue of subsection (a)(2)(F) -

(A) in the case of care for a veteran described in paragraph

(1)(A), after December 31, 2002;

(B) in the case of care for a veteran described in paragraph

(1)(C), after December 31, 2002; and

(C) in the case of care for a veteran described in paragraph

(1)(D), after a period of 2 years beginning on the date of the

veteran's discharge or release from active military, naval, or

air service.

(4) For purposes of this subsection -

(A) The term "Vietnam-era herbicide-exposed veteran" means a

veteran (i) who served on active duty in the Republic of Vietnam

during the period beginning on January 9, 1962, and ending on May

7, 1975, and (ii) who the Secretary finds may have been exposed

during such service to dioxin or was exposed during such service

to a toxic substance found in a herbicide or defoliant used for

military purposes during such period.

(B) The term "radiation-exposed veteran" has the meaning given

that term in section 1112(c)(3) of this title.

(5) When the Secretary first provides care for veterans using the

authority provided in paragraph (1)(D), the Secretary shall

establish a system for collection and analysis of information on

the general health status and health care utilization patterns of

veterans receiving care under that paragraph. Not later than 18

months after first providing care under such authority, the

Secretary shall submit to Congress a report on the experience under

that authority. The Secretary shall include in the report any

recommendations of the Secretary for extension of that authority.

(f)(1) The Secretary may not furnish hospital care or nursing

home care under this section to a veteran who is eligible for such

care under subsection (a)(3) of this section unless the veteran

agrees to pay to the United States the applicable amount determined

under paragraph (2) or (4) of this subsection.

(2) A veteran who is furnished hospital care or nursing home care

under this section and who is required under paragraph (1) of this

subsection to agree to pay an amount to the United States in order

to be furnished such care shall be liable to the United States for

an amount equal to -

(A) the lesser of -

(i) the cost of furnishing such care, as determined by the

Secretary; or

(ii) the amount determined under paragraph (3) of this

subsection; and

(B) before September 30, 2007, an amount equal to $10 for every

day the veteran receives hospital care and $5 for every day the

veteran receives nursing home care.

(3)(A) In the case of hospital care furnished during any 365-day

period, the amount referred to in paragraph (2)(A)(ii) of this

subsection is -

(i) the amount of the inpatient Medicare deductible, plus

(ii) one-half of such amount for each 90 days of care (or

fraction thereof) after the first 90 days of such care during

such 365-day period.

(B) In the case of nursing home care furnished during any 365-day

period, the amount referred to in paragraph (2)(A)(ii) of this

subsection is the amount of the inpatient Medicare deductible for

each 90 days of such care (or fraction thereof) during such 365-day

period.

(C)(i) Except as provided in clause (ii) of this subparagraph, in

the case of a veteran who is admitted for nursing home care under

this section after being furnished, during the preceding 365-day

period, hospital care for which the veteran has paid the amount of

the inpatient Medicare deductible under this subsection and who has

not been furnished 90 days of hospital care in connection with such

payment, the veteran shall not incur any liability under paragraph

(2) of this subsection with respect to such nursing home care until

-

(I) the veteran has been furnished, beginning with the first

day of such hospital care furnished in connection with such

payment, a total of 90 days of hospital care and nursing home

care; or

(II) the end of the 365-day period applicable to the hospital

care for which payment was made,

whichever occurs first.

(ii) In the case of a veteran who is admitted for nursing home

care under this section after being furnished, during any 365-day

period, hospital care for which the veteran has paid an amount

under subparagraph (A)(ii) of this paragraph and who has not been

furnished 90 days of hospital care in connection with such payment,

the amount of the liability of the veteran under paragraph (2) of

this subsection with respect to the number of days of such nursing

home care which, when added to the number of days of such hospital

care, is 90 or less, is the difference between the inpatient

Medicare deductible and the amount paid under such subparagraph

until -

(I) the veteran has been furnished, beginning with the first

day of such hospital care furnished in connection with such

payment, a total of 90 days of hospital care and nursing home

care; or

(II) the end of the 365-day period applicable to the hospital

care for which payment was made,

whichever occurs first.

(D) In the case of a veteran who is admitted for hospital care

under this section after having been furnished, during the

preceding 365-day period, nursing home care for which the veteran

has paid the amount of the inpatient Medicare deductible under this

subsection and who has not been furnished 90 days of nursing home

care in connection with such payment, the veteran shall not incur

any liability under paragraph (2) of this subsection with respect

to such hospital care until -

(i) the veteran has been furnished, beginning with the first

day of such nursing home care furnished in connection with such

payment, a total of 90 days of nursing home care and hospital

care; or

(ii) the end of the 365-day period applicable to the nursing

home care for which payment was made,

whichever occurs first.

(E) A veteran may not be required to make a payment under this

subsection for hospital care or nursing home care furnished under

this section during any 90-day period in which the veteran is

furnished medical services under paragraph (3) of subsection (a) to

the extent that such payment would cause the total amount paid by

the veteran under this subsection for hospital care and nursing

home care furnished during that period and under subsection (g) for

medical services furnished during that period to exceed the amount

of the inpatient Medicare deductible in effect on the first day of

such period.

(F) A veteran may not be required to make a payment under this

subsection or subsection (g) for any days of care in excess of 360

days of care during any 365-calendar-day period.

(4) In the case of a veteran covered by this subsection who is

also described by section 1705(a)(7) of this title, the amount for

which the veteran shall be liable to the United States for hospital

care under this subsection shall be an amount equal to 20 percent

of the total amount for which the veteran would otherwise be liable

for such care under subparagraphs (2)(B) and (3)(A) but for this

paragraph.

(5) For the purposes of this subsection, the term "inpatient

Medicare deductible" means the amount of the inpatient hospital

deductible in effect under section 1813(b) of the Social Security

Act (42 U.S.C. 1395e(b)) on the first day of the 365-day period

applicable under paragraph (3) of this subsection.

(g)(1) The Secretary may not furnish medical services under

subsection (a) of this section (including home health services

under section 1717 of this title) to a veteran who is eligible for

hospital care under this chapter by reason of subsection (a)(3) of

this section unless the veteran agrees to pay to the United States

in the case of each outpatient visit the applicable amount or

amounts established by the Secretary by regulation.

(2) A veteran who is furnished medical services under subsection

(a) of this section and who is required under paragraph (1) of this

subsection to agree to pay an amount to the United States in order

to be furnished such services shall be liable to the United States,

in the case of each visit in which such services are furnished to

the veteran, for an amount which the Secretary shall establish by

regulation.

(3) This subsection does not apply with respect to home health

services under section 1717 of this title to the extent that such

services are for improvements and structural alterations.

(h) Nothing in this section requires the Secretary to furnish

care to a veteran to whom another agency of Federal, State, or

local government has a duty under law to provide care in an

institution of such government.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 610; Pub. L.

87-583, Sec. 1, Aug. 14, 1962, 76 Stat. 381; Pub. L. 89-358, Sec.

8, Mar. 3, 1966, 80 Stat. 27; Pub. L. 89-785, title III, Sec. 304,

Nov. 7, 1966, 80 Stat. 1377; Pub. L. 91-500, Sec. 4, Oct. 22, 1970,

84 Stat. 1096; Pub. L. 93-82, title I, Sec. 102, Aug. 2, 1973, 87

Stat. 180; Pub. L. 94-581, title II, Secs. 202(d), 210(a)(1), Oct.

21, 1976, 90 Stat. 2855, 2862; Pub. L. 96-22, title I, Sec. 102(a),

June 13, 1979, 93 Stat. 47; Pub. L. 97-37, Sec. 5(a), Aug. 14,

1981, 95 Stat. 936; Pub. L. 97-72, title I, Sec. 102(a), Nov. 3,

1981, 95 Stat. 1047; Pub. L. 98-160, title VII, Sec. 701, Nov. 21,

1983, 97 Stat. 1008; Pub. L. 99-166, title I, Sec. 103, Dec. 3,

1985, 99 Stat. 944; Pub. L. 99-272, title XIX, Sec. 19011(a),

(d)(3), Apr. 7, 1986, 100 Stat. 372, 379; Pub. L. 99-576, title II,

Sec. 237(a), (b)(1), Oct. 28, 1986, 100 Stat. 3267; Pub. L.

100-322, title I, Sec. 102(a), May 20, 1988, 102 Stat. 492; Pub. L.

100-687, div. B, title XII, Sec. 1202, Nov. 18, 1988, 102 Stat.

4125; Pub. L. 101-508, title VIII, Sec. 8013(a), Nov. 5, 1990, 104

Stat. 1388-346; Pub. L. 102-4, Sec. 5, Feb. 6, 1991, 105 Stat. 15;

Pub. L. 102-54, Sec. 14(b)(10), June 13, 1991, 105 Stat. 283;

renumbered Sec. 1710 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. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat.

1984; Pub. L. 103-210, Secs. 1(a), 2(a), Dec. 20, 1993, 107 Stat.

2496, 2497; Pub. L. 103-446, title XII, Sec. 1201(d)(2), Nov. 2,

1994, 108 Stat. 4684; Pub. L. 103-452, title I, Sec. 103(a)(1),

Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104-110, title I, Sec.

101(a)(1), Feb. 13, 1996, 110 Stat. 768; Pub. L. 104-262, title I,

Secs. 101(a), (b), (d)(2)-(4), 102(a), Oct. 9, 1996, 110 Stat.

3178, 3179, 3181; Pub. L. 104-275, title V, Sec. 505(c), Oct. 9,

1996, 110 Stat. 3342; Pub. L. 105-33, title VIII, Secs. 8021(a)(1),

8023(b)(1), (2), Aug. 5, 1997, 111 Stat. 664, 667; Pub. L. 105-114,

title II, Sec. 209(a), title IV, Sec. 402(a), Nov. 21, 1997, 111

Stat. 2290, 2294; Pub. L. 105-368, title I, Sec. 102(a), title X,

Sec. 1005(b)(3), Nov. 11, 1998, 112 Stat. 3321, 3365; Pub. L.

106-117, title I, Secs. 101(f), 112(1), title II, Sec. 201(b), Nov.

30, 1999, 113 Stat. 1550, 1556, 1561; Pub. L. 106-419, title II,

Sec. 224(b), Nov. 1, 2000, 114 Stat. 1846; Pub. L. 107-135, title

II, Secs. 202(b), 209(a), 211, Jan. 23, 2002, 115 Stat. 2457, 2464,

2465; Pub. L. 107-330, title III, Sec. 308(g)(6), Dec. 6, 2002, 116

Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Agent Orange Act of 1991, referred to in subsec.

(e)(2)(A)(ii), is section 3 of Pub. L. 102-4, which is set out as a

note under section 1116 of this title.

-COD-

CODIFICATION

The text of subsec. (f) of section 1712 of this title, which was

transferred to this section, redesignated subsec. (g), and amended

by Pub. L. 104-262, Sec. 101(b)(2), was based on Pub. L. 86-639,

Sec. 1, July 12, 1960, 74 Stat. 472; Pub. L. 91-102, Oct. 30, 1969,

83 Stat. 168; Pub. L. 93-82, title I, Sec. 103(a), Aug. 2, 1973, 87

Stat. 180; Pub. L. 94-581, title I, Sec. 103(a)(3)-(7), title II,

Sec. 202(f)(2), Oct. 21, 1976, 90 Stat. 2844, 2856; Pub. L. 96-22,

title I, Sec. 102(b), June 13, 1979, 93 Stat. 47; Pub. L. 97-37,

Sec. 5(b), Aug. 14, 1981, 95 Stat. 937; Pub. L. 97-72, title I,

Sec. 103(b)(2), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 97-295, Sec.

4(17)(C), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-166, title I,

Sec. 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99-272, title XIX,

Sec. 19011(b)(2), Apr. 7, 1986, 100 Stat. 375; Pub. L. 99-576,

title II, Secs. 202(1), 237(b)(2), Oct. 28, 1986, 100 Stat. 3254,

3267; Pub. L. 100-322, title I, Sec. 101(e)(1), May 20, 1988, 102

Stat. 491; Pub. L. 101-508, title VIII, Sec. 8013(b), Nov. 5, 1990,

104 Stat. 1388-346; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),

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

-MISC1-

PRIOR PROVISIONS

A prior section 1710 was renumbered section 3510 of this title.

AMENDMENTS

2002 - Subsec. (e)(1)(D). Pub. L. 107-330 substituted "November

11, 1998" for "the date of the enactment of this subparagraph".

Subsec. (e)(3)(B). Pub. L. 107-135, Sec. 211, substituted

"December 31, 2002" for "December 31, 2001".

Subsec. (f)(1). Pub. L. 107-135, Sec. 202(b)(1), inserted "or

(4)" after "paragraph (2)".

Subsec. (f)(2)(B). Pub. L. 107-135, Sec. 209(a), substituted

"September 30, 2007" for "September 30, 2002".

Subsec. (f)(4), (5). Pub. L. 107-135, Sec. 202(b)(2), (3), added

par. (4) and redesignated former par. (4) as (5).

2000 - Subsec. (a)(4). Pub. L. 106-419 inserted "the requirement

in section 1710A(a) of this title that the Secretary provide

nursing home care," after "medical services," and struck out comma

after "extended care services".

1999 - Subsec. (a)(1). Pub. L. 106-117, Sec. 101(f)(1), struck

out ", and may furnish nursing home care," after "medical services"

in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 106-117, Sec. 101(f)(2), inserted "or,

with respect to nursing home care during any period during which

the provisions of section 1710A(a) of this title are in effect, a

compensable service-connected disability rated less than 70

percent" after "50 percent".

Subsec. (a)(2)(D). Pub. L. 106-117, Sec. 112(1), inserted "or who

was awarded the Purple Heart" after "former prisoner of war".

Subsec. (a)(4). Pub. L. 106-117, Sec. 101(f)(3), inserted ", and

the requirement in section 1710B of this title that the Secretary

provide a program of extended care services," after "medical

services".

Subsec. (a)(5). Pub. L. 106-117, Sec. 101(f)(4), added par. (5).

Subsec. (g)(1). Pub. L. 106-117, Sec. 201(b)(1), substituted "in

the case of each outpatient visit the applicable amount or amounts

established by the Secretary by regulation" for "the amount

determined under paragraph (2) of this subsection".

Subsec. (g)(2). Pub. L. 106-117, Sec. 201(b)(2), substituted

"which the Secretary shall establish by regulation." for "equal to

20 percent of the estimated average cost (during the calendar year

in which the services are furnished) of an outpatient visit in a

Department facility. Such estimated average cost shall be

determined by the Secretary."

1998 - Subsec. (e)(1)(D). Pub. L. 105-368, Sec. 102(a)(1), added

subpar. (D).

Subsec. (e)(2)(A)(ii). Pub. L. 105-368, Sec. 1005(b)(3),

substituted "section 3" for "section 2".

Subsec. (e)(2)(B). Pub. L. 105-368, Sec. 102(a)(2), inserted "or

(1)(D)" after "paragraph (1)(C)".

Subsec. (e)(3)(A). Pub. L. 105-368, Sec. 102(a)(3)(A), struck out

"and" at end.

Subsec. (e)(3)(B). Pub. L. 105-368, Sec. 102(a)(3)(B),

substituted "December 31, 2001; and" for "December 31, 1998."

Subsec. (e)(3)(C). Pub. L. 105-368, Sec. 102(a)(3)(C), added

subpar. (C).

Subsec. (e)(5). Pub. L. 105-368, Sec. 102(a)(4), added par. (5).

1997 - Subsec. (a)(2)(B). Pub. L. 105-114, Sec. 402(a), struck

out "compensable" before "disability".

Subsec. (a)(2)(F). Pub. L. 105-114, Sec. 209(a)(1), substituted

"other conditions" for "environmental hazard".

Subsec. (e)(1)(C). Pub. L. 105-114, Sec. 209(a)(2), substituted

"served" for "the Secretary finds may have been exposed while

serving" and "associated with such service" for "associated with

such exposure" and struck out "to a toxic substance or

environmental hazard" after "Persian Gulf War".

Subsec. (e)(2)(B). Pub. L. 105-114, Sec. 209(a)(3), substituted

"the service" for "an exposure".

Subsec. (f)(2)(B). Pub. L. 105-33, Sec. 8021(a)(1), inserted

"before September 30, 2002," after "(B)".

Subsec. (f)(4), (5). Pub. L. 105-33, Sec. 8023(b)(1),

redesignated par. (5) as (4) and struck out former par. (4) which

read as follows: "Amounts collected or received on behalf of the

United States under this subsection shall be deposited in the

Treasury as miscellaneous receipts."

Subsec. (g)(4). Pub. L. 105-33, Sec. 8023(b)(2), struck out par.

(4) which read as follows: "Amounts collected or received by the

Department under this subsection shall be deposited in the Treasury

as miscellaneous receipts."

1996 - Subsec. (a). Pub. L. 104-262, Sec. 101(a), amended subsec.

(a) generally, revising and restating provisions in former pars.

(1) to (3) relating to eligibility for care as pars. (1) to (4).

Subsec. (c)(1). Pub. L. 104-262, Sec. 101(d)(2), substituted

"section 1712(a)" for "section 1712(b)".

Subsec. (e)(1)(A), (B). Pub. L. 104-262, Sec. 102(a)(1), added

subpars. (A) and (B) and struck out former subpars. (A) and (B)

which read as follows:

"(A) Subject to paragraphs (2) and (3) of this subsection, a

veteran -

"(i) who served on active duty in the Republic of Vietnam

during the Vietnam era, and

"(ii) who the Secretary finds may have been exposed during such

service to dioxin or was exposed during such service to a toxic

substance found in a herbicide or defoliant used in connection

with military purposes during such era,

is eligible for hospital care and nursing home care under

subsection (a)(1)(G) of this section for any disability,

notwithstanding that there is insufficient medical evidence to

conclude that such disability may be associated with such exposure.

"(B) Subject to paragraphs (2) and (3) of this subsection, a

veteran who the Secretary finds was exposed while serving on active

duty to ionizing radiation from the detonation of a nuclear device

in connection with such veteran's participation in the test of such

a device or with the American occupation of Hiroshima and Nagasaki,

Japan, during the period beginning on September 11, 1945, and

ending on July 1, 1946, is eligible for hospital care and nursing

home care under subsection (a)(1)(G) of this section for any

disability, notwithstanding that there is insufficient medical

evidence to conclude that such disability may be associated with

such exposure."

Subsec. (e)(1)(C). Pub. L. 104-262, Sec. 101(d)(3), substituted

"hospital care, medical services, and nursing home care under

subsection (a)(2)(F)" for "hospital care and nursing home care

under subsection (a)(1)(G) of this section".

Subsec. (e)(2). Pub. L. 104-262, Sec. 102(a)(2), added par. (2)

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

nursing home care may not be provided under subsection (a)(1)(G) of

this section with respect to a disability that is found, in

accordance with guidelines issued by the Under Secretary for

Health, to have resulted from a cause other than an exposure

described in subparagraph (A), (B), or (C) of paragraph (1) of this

subsection."

Subsec. (e)(3). Pub. L. 104-262, Sec. 102(a)(2), added par. (3)

and struck out former par. (3) which read as follows: "Hospital and

nursing home care and medical services may not be provided under or

by virtue of subsection (a)(1)(G) of this section after December

31, 1996."

Pub. L. 104-110 substituted "after December 31, 1996" for "after

June 30, 1995, or, in the case of care for a veteran described in

paragraph (1)(C), after December 31, 1995".

Subsec. (e)(4). Pub. L. 104-262, Sec. 102(a)(2), added par. (4).

Subsec. (e)(4)(A). Pub. L. 104-275 substituted "during the period

beginning on January 9, 1962, and ending on May 7, 1975," for

"during the Vietnam era," in cl. (i) and "such period" for "such

era" in cl. (ii).

Subsec. (f)(1). Pub. L. 104-262, Sec. 101(d)(4)(A), substituted

"subsection (a)(3)" for "subsection (a)(2)".

Subsec. (f)(3)(E). Pub. L. 104-262, Sec. 101(d)(4)(B),

substituted "paragraph (3) of subsection (a)" for "section 1712(a)

of this title" and "subsection (g)" for "section 1712(f) of this

title".

Subsec. (f)(3)(F). Pub. L. 104-262, Sec. 101(d)(4)(C),

substituted "subsection (g)" for "section 1712(f) of this title".

Subsec. (g). Pub. L. 104-262, Sec. 101(b)(2), redesignated

subsec. (f) of section 1712 of this title as subsec. (g) of this

section and substituted "subsection (a)(3) of this section" for

"section 1710(a)(2) of this title" in par. (1). See Codification

note above.

Pub. L. 104-262, Sec. 101(b)(1), redesignated subsec. (g) as (h).

Subsec. (h). Pub. L. 104-262, Sec. 101(b)(1), redesignated

subsec. (g) as (h).

1994 - Subsec. (e)(3). Pub. L. 103-452 substituted "June 30,

1995" for "June 30, 1994" and "December 31, 1995" for "December 31,

1994".

Subsec. (f)(3)(E). Pub. L. 103-446 substituted "section 1712(a)"

for "section 1712(f)" and "section 1712(f)" for "section

1712(f)(4)".

1993 - Subsec. (a)(1)(G). Pub. L. 103-210, Sec. 1(a)(1),

substituted "substance, radiation, or environmental hazard" for

"substance or radiation".

Subsec. (e)(1)(C). Pub. L. 103-210, Sec. 1(a)(2)(A), added

subpar. (C).

Subsec. (e)(2). Pub. L. 103-210, Sec. 1(a)(2)(B), substituted

"subparagraph (A), (B), or (C)" for "subparagraph (A) or (B)".

Subsec. (e)(3). Pub. L. 103-210, Sec. 2(a), substituted "June 30,

1994" for "December 31, 1993".

Pub. L. 103-210, Sec. 1(a)(2)(C), inserted before period at end

", or, in the case of care for a veteran described in paragraph

(1)(C), after December 31, 1994".

1992 - Subsec. (e)(2). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 610 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1151"

for "351" in subpar. (C) and "1722(a)" for "622(a)" in subpar. (I).

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

"Administrator" in two places in introductory provisions.

Subsec. (a)(1)(H). Pub. L. 102-54 substituted "the Mexican border

period" for "the Spanish-American War, the Mexican border period,".

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1703"

for "603" and "1720" for "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. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1503" for "503" and "1521(d)" for "521(d)".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(b)"

for "612(b)".

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" wherever appearing.

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

"620".

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

"Administrator".

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

"Secretary" for "Administrator" in subpars. (A)(ii) and (B).

Subsec. (e)(3). Pub. L. 102-4 substituted "1993" for "1990".

Subsec. (f)(3)(E), (F). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1712(f)" for "612(f)" and "1712(f)(4)" for "612(f)(4)" in subpar.

(E) and "1712(f)" for "612(f)" in subpar. (F).

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

"Secretary" for "Administrator".

1990 - Subsec. (a)(1)(I). Pub. L. 101-508, Sec. 8013(a)(1)(A),

substituted "section 622(a)" for "section 622(a)(1)".

Subsec. (a)(2). Pub. L. 101-508, Sec. 8013(a)(1)(B), added par.

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

"(A) To the extent that resources and facilities are available,

the Administrator may furnish hospital care and nursing home care

which the Administrator determines is needed to a veteran for a

non-service-connected disability if the veteran has an income level

described in section 622(a)(2) of this title.

"(B) In the case of a veteran who is not described in paragraph

(1) of this subsection or in subparagraph (A) of this paragraph,

the Administrator may furnish hospital care and nursing home care

which the Administrator determines is needed to the veteran for a

non-service-connected disability -

"(i) to the extent that resources and facilities are otherwise

available; and

"(ii) subject to the provisions of subsection (f) of this

section."

Subsec. (f)(1), (2). Pub. L. 101-508, Sec. 8013(a)(2)(A), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

"(1) The Administrator may not furnish hospital care or nursing

home care under this section to a veteran who is eligible for such

care by reason of subsection (a)(2)(B) of this section unless the

veteran agrees to pay to the United States the applicable amount

determined under paragraph (2) of this subsection.

"(2) A veteran who is furnished hospital care or nursing home

care under this section and who is required under paragraph (1) of

this subsection to agree to pay an amount to the United States in

order to be furnished such care shall be liable to the United

States for an amount equal to the lesser of -

"(A) the cost of furnishing such care, as determined by the

Administrator; and

"(B) the amount determined under paragraph (3) of this

subsection."

Subsec. (f)(3)(A), (B). Pub. L. 101-508, Sec. 8013(a)(2)(B),

substituted "paragraph (2)(A)(ii)" for "paragraph (2)(B)".

1988 - Subsec. (b). Pub. L. 100-233 amended subsec. (b)

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

Administrator, within the limits of Veterans' Administration

facilities, may furnish domiciliary care to -

"(1) a veteran who was discharged or released from the active

military, naval, or air service for a disability incurred or

aggravated in line of duty, or a person who is in receipt of

disability compensation, when such person is suffering from a

permanent disability or tuberculosis or neuropsychiatric ailment

and is incapacitated from earning a living and has no adequate

means of support; and

"(2) a veteran who is in need of domiciliary care if such

veteran is unable to defray the expenses of necessary domiciliary

care."

Subsec. (e)(3). Pub. L. 100-687 substituted "December 31, 1990"

for "September 30, 1989".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 237(a), inserted "who is

in receipt of, or" after "veteran" in par. (1)(C).

Pub. L. 99-272, Sec. 19011(a)(1), amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "The

Administrator, within the limits of Veterans' Administration

facilities, may furnish hospital care or nursing home care which

the Administrator determines is needed to -

"(1)(A) any veteran for a service-connected disability; or

"(B) any veteran for a non-service-connected disability if such

veteran is unable to defray the expenses of necessary hospital or

nursing home care;

"(2) a veteran whose discharge or release from the active

military, naval, or air service was for a disability incurred or

aggravated in line of duty;

"(3) a person (A) who is in receipt of, or but for the receipt

of retirement pay would be entitled to, disability compensation,

or (B) who, but for a suspension pursuant to section 351 of this

title (or both such a suspension and the receipt of retired pay),

would be entitled to disability compensation, but only to the

extent that such person's continuing eligibility for such care is

provided for in the judgment or settlement described in such

section;

"(4) a veteran who is a former prisoner of war;

"(5) a veteran who meets the conditions of subsection (e) of

this section; and

"(6) any veteran for a non-service-connected disability if such

veteran is sixty-five years of age or older."

Subsec. (e)(1)(A), (B). Pub. L. 99-272, Sec. 19011(d)(3)(A),

substituted "is eligible for hospital care and nursing home care

under subsection (a)(1)(G)" for "may be furnished hospital care or

nursing home care under subsection (a)(5)".

Subsec. (e)(2), (3). Pub. L. 99-272, Sec. 19011(d)(3)(B),

substituted "subsection (a)(1)(G)" for "subsection (a)(5)".

Subsec. (f). Pub. L. 99-272, Sec. 19011(a)(2), added subsec. (f).

Subsec. (f)(3)(F). Pub. L. 99-576, Sec. 237(b)(1), added subpar.

(F).

Subsec. (g). Pub. L. 99-272, Sec. 19011(a)(2), added subsec. (g).

1985 - Subsec. (e)(3). Pub. L. 99-166 substituted "after

September 30, 1989" for "after the end of the one-year period

beginning on the date the Administrator submits to the appropriate

committees of Congress the first report required by section

307(b)(2) of the Veterans Health Programs Extension and Improvement

Act of 1979 (Public Law 96-151; 93 Stat. 1098)".

1983 - Subsec. (a)(3). Pub. L. 98-160 inserted "(A)" after "a

person" and, after "disability compensation", inserted "or (B) who,

but for a suspension pursuant to section 351 of this title (or both

such a suspension and the receipt of retired pay), would be

entitled to disability compensation, but only to the extent that

such person's continuing eligibility for such care is provided for

in the judgment or settlement described in such section".

1981 - Subsec. (a). Pub. L. 97-72, Sec. 102(a)(1), added cl. (5)

and redesignated former cl. (5) as (6).

Pub. L. 97-37 added cl. (4) and redesignated former cl. (4) as

(5).

Subsec. (e). Pub. L. 97-72, Sec. 102(a)(2), added subsec. (e).

1979 - Subsec. (c). Pub. L. 96-22 inserted provisions relating to

the furnishing of dental services and treatment and related dental

appliances for non-service-connected dental conditions or

disabilities of veterans.

1976 - Pub. L. 94-581, Sec. 202(d)(1), inserted ", nursing home,"

in section catchline.

Subsec. (a). Pub. L. 94-581, Secs. 202(d)(2), 210(a)(1)(A), (B),

substituted "the Administrator determines" for "he determines" in

provisions preceding par. (1) and substituted "such veteran" for

"he" and "necessary hospital or nursing home care" for "necessary

hospital care" in subpar. (B) of par. (1).

Subsec. (b)(1). Pub. L. 94-581, Sec. 210(a)(1)(C), substituted

"such person" for "he".

Subsec. (b)(2). Pub. L. 94-581, Secs. 202(d)(3), 210(a)(1)(B),

substituted "a veteran who is in need of domiciliary care if such

veteran" for "a veteran of any war or of service after January 31,

1955, who is in need of domiciliary care, if he".

Subsec. (c). Pub. L. 94-581, Sec. 210(a)(1)(B), substituted "for

which such veteran is hospitalized" for "for which he is

hospitalized".

Subsec. (d). Pub. L. 94-581, Sec. 202(d)(4), substituted "direct

jurisdiction" for "direct and exclusive jurisdiction".

1973 - Subsec. (a). Pub. L. 93-82, Sec. 102(1), (2), extended

authority of the Administrator to furnish nursing home care, and in

par. (1)(B), substituted "any veteran for a" for "a veteran of any

war or of service after January 31, 1955, for".

Subsec. (c). Pub. L. 93-82, Sec. 102(3), expanded provision

regarding medical services to include nursing home care and struck

out requirement that the Administrator make a determination in each

instance that the non-service-connected disability would be in the

veteran's interest, would not prolong his hospitalization, and,

would not interfere with the furnishing of hospital facilities to

other veterans.

Subsec. (d). Pub. L. 93-82, Sec. 102(4), added subsec. (d).

1970 - Subsec. (a). Pub. L. 91-500 added cl. (4).

1966 - Pub. L. 89-358 inserted "or of service after January 31,

1955," after "veteran of any war" in subsecs. (a)(1)(B) and (b)(2).

Subsec. (c). Pub. L. 89-785 added subsec. (c).

1962 - Subsec. (a)(1). Pub. L. 87-583 provided for hospital care

to any veteran for a service-connected disability instead of to a

veteran of any war for a service-connected disability incurred or

aggravated during a period of war in subpar. (A) and incorporated

existing provisions in subpar. (B).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 202(b) of Pub. L. 107-135 effective Oct. 1,

2002, see section 202(c) of Pub. L. 107-135, set out as a note

under section 1705 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 101(f) of Pub. L. 106-117 effective Nov. 30,

1999, with provisions of subsec. (f) of this section not applicable

to any day of nursing home care on or after the effective date of

regulations under section 101(h)(2) of Pub. L. 106-117, see section

101(h) of Pub. L. 106-117, set out as an Effective Date note under

section 1710B of this title.

Pub. L. 106-117, title II, Sec. 201(c), as added by Pub. L.

106-419, title II, Sec. 224(c), Nov. 1, 2000, 114 Stat. 1846,

provided that: "The amendments made by subsection (b) [amending

this section] shall apply with respect to medical services

furnished under section 1710(a) of title 38, United States Code, on

or after the effective date of the regulations prescribed by the

Secretary of Veterans Affairs to establish the amounts required to

be established under paragraphs (1) and (2) of section 1710(g) of

that title, as amended by subsection (b)."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 8023(g) of Pub. L. 105-33 provided that:

"(1) Except as provided in paragraph (2), this section [enacting

section 1729A of this title, amending this section and sections

712, 1722A, and 1729 of this title, and enacting provisions set out

as notes under sections 1729 and 1729A of this title] and the

amendments made by this section shall take effect on October 1,

1997.

"(2) The amendments made by subsection (d) [amending section 1729

of this title] shall take effect on the date of the enactment of

this Act [Aug. 5, 1997]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-275 effective Jan. 1, 1997, with no

benefit to be paid or provided by reason of such amendment for any

period before such date, see section 505(d) of Pub. L. 104-275, set

out as a note under section 101 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1(c)(1) of Pub. L. 103-210 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

1712 of this title] shall take effect as of August 2, 1990."

EFFECTIVE DATE OF 1990 AMENDMENTS

Pub. L. 102-145, Sec. 111, Oct. 28, 1991, 105 Stat. 970, provided

that: "Notwithstanding any other provision of this joint resolution

or any other law, the amendments made by sections 8012 and 8013 of

the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508)

[enacting section 622A [now 1722A] of this title and amending this

section and sections 612 [now 1712] and 622 [now 1722] of this

title] shall remain in effect through the period covered by this

joint resolution [see section 106 of Pub. L. 102-145, 105 Stat.

970, as amended by Pub. L. 102-163, 105 Stat. 1048]."

Pub. L. 102-109, Sec. 111, Sept. 30, 1991, 105 Stat. 553,

provided that: "Notwithstanding any other provision of this joint

resolution or any other law, the amendments made by sections 8012

and 8013 of the Omnibus Budget Reconciliation Act of 1990 (Public

Law 101-508) [enacting section 622A [now 1722A] of this title and

amending this section and sections 612 [now 1712] and 622 [now

1722] of this title] shall remain in effect through the period

covered by this joint resolution [see section 106 of Pub. L.

102-109, 105 Stat. 553]."

Section 8013(d) and (e) of Pub. L. 101-508, as amended by Pub. L.

102-139, title V, Sec. 518(b), Oct. 28, 1991, 105 Stat. 779; Pub.

L. 102-568, title VI, Sec. 606(b), Oct. 29, 1992, 106 Stat. 4343;

Pub. L. 103-66, title XII, Sec. 12002(a), Aug. 10, 1993, 107 Stat.

414; Pub. L. 105-33, title VIII, Sec. 8021(a)(2), Aug. 5, 1997, 111

Stat. 665, provided that:

"(d) Effective Date. - The amendments made by this section

[amending this section and sections 612 and 622 [now 1712 and 1722]

of this title] shall apply with respect to hospital care and

medical services received after October 31, 1990, or the date of

the enactment of this Act [Nov. 5, 1990], whichever is later.

"[(e) Repealed. Pub. L. 105-33, title VIII, Sec. 8021(a)(2), Aug.

5, 1997, 111 Stat. 665.]"

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 237(c) of Pub. L. 99-576 provided that: "The amendments

made by this section [amending this section and section 612 [now

1712] of this title] shall take effect as of April 7, 1986."

Section 19011(f) of Pub. L. 99-272 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [amending this section and sections 525, 601, 612,

612A, 620, 622, and 663 [now 1525, 1701, 1712, 1712A, 1720, 1722,

and 1763] of this title and enacting provisions set out as notes

under this section and section 1722 of this title] shall apply to

hospital care, nursing home care, and medical services furnished on

or after July 1, 1986.

"(2)(A) The provisions of sections 610 and 622 [now 1710 and

1722] of title 38, United States Code, as in effect on the day

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

apply 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, as determined by the Administrator

pursuant to regulations which the Administrator shall prescribe.

"(B) During the months of July and August 1986, the Administrator

may, in order to continue a course of treatment begun before July

1, 1986, furnish medical services to a veteran on an ambulatory or

outpatient basis without regard to the amendments made by this

section.

"(C) For the purposes of this paragraph, the term 'episode of

care' means a period of consecutive days -

"(i) beginning with the first day on which a veteran is

furnished hospital or nursing home care; and

"(ii) ending on the day of the veteran's discharge from the

hospital or nursing home facility, as the case may be."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 5(d) of Pub. L. 97-37 provided that: "The amendments made

by this section [amending this section and section 612 [now 1712]

of this title] shall take effect on October 1, 1981".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-22 effective Oct. 1, 1979, see section

107 of Pub. L. 96-22, set out as a note under section 1701 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 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.

SAVINGS PROVISION

Section 102(b) of Pub. L. 104-262 provided that: "The provisions

of sections 1710(e) and 1712(a) of title 38, United States Code, as

in effect on the day before the date of the enactment of this Act

[Oct. 9, 1996], shall continue to apply on and after such date with

respect to the furnishing of hospital care, nursing home care, and

medical services for any veteran who was furnished such care or

services before such date of enactment on the basis of presumed

exposure to a substance or radiation under the authority of those

provisions, but only for treatment for a disability for which such

care or services were furnished before such date."

SAVINGS PROVISION FOR PUB. L. 100-322

Section 102(c) of Pub. L. 100-322 provided that: "The amendment

made by subsection (a) [amending this section] shall not limit or

restrict the eligibility for domiciliary care of a veteran who was

a patient or a resident in a State home facility or a Veterans'

Administration domiciliary facility during the period beginning on

January 1, 1987, and ending on April 1, 1988."

PERSONAL EMERGENCY RESPONSE SYSTEM FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

Pub. L. 107-135, title II, Sec. 210, Jan. 23, 2002, 115 Stat.

2464, provided that:

"(a) Evaluation and Study. - The Secretary of Veterans Affairs

shall carry out an evaluation and study of the feasibility and

desirability of providing a personal emergency response system to

veterans who have service-connected disabilities. The evaluation

and study shall be commenced not later than 60 days after the date

of the enactment of this Act [Jan. 23, 2002].

"(b) Report. - Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Veterans' Affairs of the Senate and House of Representatives a

report on the evaluation and study under subsection (a). The

Secretary shall include in the report the Secretary's findings

resulting from the evaluation and study and the Secretary's

conclusion as to whether the Department of Veterans Affairs should

provide a personal emergency response system to veterans with

service-connected disabilities.

"(c) Authority To Provide System. - If the Secretary concludes in

the report under subsection (b) that a personal emergency response

system should be provided by the Department of Veterans Affairs to

veterans with service-connected disabilities -

"(1) the Secretary may provide such a system, without charge,

to any veteran with a service-connected disability who is

enrolled under section 1705 of title 38, United States Code, and

who submits an application for such a system under subsection

(d); and

"(2) the Secretary may contract with one or more vendors to

furnish such a system.

"(d) Application. - A personal emergency response system may be

provided to a veteran under subsection (c)(1) only upon the

submission by the veteran of an application for the system. Any

such application shall be in such form and manner as the Secretary

may require.

"(e) Definition. - For purposes of this section, the term

'personal emergency response system' means a device -

"(1) that can be activated by an individual who is experiencing

a medical emergency to notify appropriate emergency medical

personnel that the individual is experiencing a medical

emergency; and

"(2) that provides the individual's location through a Global

Positioning System indicator."

CHIROPRACTIC TREATMENT

Pub. L. 107-135, title II, Sec. 204, Jan. 23, 2002, 115 Stat.

2459, provided that:

"(a) Requirement for Program. - Subject to the provisions of this

section, the Secretary of Veterans Affairs shall carry out a

program to provide chiropractic care and services to veterans

through Department of Veterans Affairs medical centers and clinics.

"(b) Eligible Veterans. - Veterans eligible to receive

chiropractic care and services under the program are veterans who

are enrolled in the system of patient enrollment under section 1705

of title 38, United States Code.

"(c) Location of Program. - The program shall be carried out at

sites designated by the Secretary for purposes of the program. The

Secretary shall designate at least one site for such program in

each geographic service area of the Veterans Health Administration.

The sites so designated shall be medical centers and clinics

located in urban areas and in rural areas.

"(d) Care and Services Available. - The chiropractic care and

services available under the program shall include a variety of

chiropractic care and services for neuro-musculoskeletal

conditions, including subluxation complex.

"(e) Other Administrative Matters. - (1) The Secretary shall

carry out the program through personal service contracts and by

appointment of licensed chiropractors in Department medical centers

and clinics.

"(2) As part of the program, the Secretary shall provide training

and materials relating to chiropractic care and services to

Department health care providers assigned to primary care teams for

the purpose of familiarizing such providers with the benefits of

chiropractic care and services.

"(f) Regulations. - The Secretary shall prescribe regulations to

carry out this section.

"(g) Chiropractic Advisory Committee. - (1) The Secretary shall

establish an advisory committee to provide direct assistance and

advice to the Secretary in the development and implementation of

the chiropractic health program.

"(2) The membership of the advisory committee shall include

members of the chiropractic care profession and such other members

as the Secretary considers appropriate.

"(3) Matters on which the advisory committee shall assist and

advise the Secretary shall include the following:

"(A) Protocols governing referral to chiropractors.

"(B) Protocols governing direct access to chiropractic care.

"(C) Protocols governing scope of practice of chiropractic

practitioners.

"(D) Definition of services to be provided.

"(E) Such other matters the Secretary determines to be

appropriate.

"(4) The advisory committee shall cease to exist on December 31,

2004."

Pub. L. 106-117, title III, Sec. 303, Nov. 30, 1999, 113 Stat.

1572, provided that:

"(a) Establishment of Program. - Not later than 120 days after

the date of the enactment of this Act [Nov. 30, 1999], the Under

Secretary for Health of the Department of Veterans Affairs, after

consultation with chiropractors, shall establish a policy for the

Veterans Health Administration regarding the role of chiropractic

treatment in the care of veterans under chapter 17 of title 38,

United States Code.

"(b) Definitions. - For purposes of this section:

"(1) The term 'chiropractic treatment' means the manual

manipulation of the spine performed by a chiropractor for the

treatment of such musculo-skeletal conditions as the Secretary

considers appropriate.

"(2) The term 'chiropractor' means an individual who -

"(A) is licensed to practice chiropractic in the State in

which the individual performs chiropractic services; and

"(B) holds the degree of doctor of chiropractic from a

chiropractic college accredited by the Council on Chiropractic

Education."

IMPLEMENTATION REPORT

Pub. L. 105-368, title I, Sec. 102(b), Nov. 11, 1998, 112 Stat.

3322, provided that: "Not later than October 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

Secretary's plan for establishing and operating the system for

collection and analysis of information required by paragraph (5) of

section 1710(e) of title 38, United States Code, as added by

subsection (a)(4) [amending this section]."

DEMONSTRATION PROJECTS FOR TREATMENT OF PERSIAN GULF ILLNESS

Section 209(b) of Pub. L. 105-114 provided that:

"(1) The Secretary of Veterans Affairs shall carry out a program

of demonstration projects to test new approaches to treating, and

improving the satisfaction with such treatment of, Persian Gulf

veterans who suffer from undiagnosed and ill-defined disabilities.

The program shall be established not later than July 1, 1998, and

shall be carried out at up to 10 geographically dispersed medical

centers of the Department of Veterans Affairs.

"(2) At least one of each of the following models shall be used

at no less than two of the demonstration projects:

"(A) A specialized clinic which serves Persian Gulf veterans.

"(B) Multidisciplinary treatment aimed at managing symptoms.

"(C) Use of case managers.

"(3) A demonstration project under this subsection may be

undertaken in conjunction with another funding entity, including

agreements under section 8111 of title 38, United States Code.

"(4) The Secretary shall make available from appropriated funds

(which have been retained for contingent funding) $5,000,000 to

carry out the demonstration projects.

"(5) The Secretary may not approve a medical center as a location

for a demonstration project under this subsection unless a peer

review panel has determined that the proposal submitted by that

medical center is among those proposals that have met the highest

competitive standards of clinical merit and the Secretary has

determined that the facility has the ability to -

"(A) attract the participation of clinicians of outstanding

caliber and innovation to the project; and

"(B) effectively evaluate the activities of the project.

"(6) In determining which medical centers to select as locations

for demonstration projects under this subsection, the Secretary

shall give special priority to medical centers that have

demonstrated a capability to compete successfully for extramural

funding support for research into the effectiveness and

cost-effectiveness of the care provided under the demonstration

project."

PATIENT PRIVACY FOR WOMEN PATIENTS

Section 322 of Pub. L. 104-262 provided that:

"(a) Identification of Deficiencies. - The Secretary of Veterans

Affairs shall conduct a survey of each medical center under the

jurisdiction of the Secretary to identify deficiencies relating to

patient privacy afforded to women patients in the clinical areas at

each such center which may interfere with appropriate treatment of

such patients.

"(b) Correction of Deficiencies. - The Secretary shall ensure

that plans and, where appropriate, interim steps to correct the

deficiencies identified in the survey conducted under subsection

(a) are developed and are incorporated into the Department's

construction planning processes and, in cases in which it is

cost-effective to do so, are given a high priority.

"(c) Reports to Congress. - The Secretary shall compile an annual

inventory, by medical center, of deficiencies identified under

subsection (a) and of plans and, where appropriate, interim steps,

to correct such deficiencies. The Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and House of

Representatives, not later than October 1, 1997, and not later than

October 1 each year thereafter through 1999 a report on such

deficiencies. The Secretary shall include in such report the

inventory compiled by the Secretary, the proposed corrective plans,

and the status of such plans."

HOSPICE CARE STUDY

Section 341 of Pub. L. 104-262 provided that:

"(a) Study Required. - The Secretary of Veterans Affairs shall

conduct a research study to determine the desirability of the

Secretary furnishing hospice care to terminally ill veterans and to

evaluate the most cost-effective and efficient way to do so. The

Secretary shall carry out the study using resources and personnel

of the Department.

"(b) Conduct of Study. - In carrying out the study required by

subsection (a), the Secretary shall -

"(1) evaluate the programs, and the program models, through

which the Secretary furnishes hospice care services within or

through facilities of the Department of Veterans Affairs and the

programs and program models through which non-Department

facilities provide such services;

"(2) assess the satisfaction of patients, and family members of

patients, in each of the program models covered by paragraph (1);

"(3) compare the costs (or range of costs) of providing care

through each of the program models covered by paragraph (1); and

"(4) identify any barriers to providing, procuring, or

coordinating hospice services through any of the program models

covered by paragraph (1).

"(c) Program Models. - For purposes of subsection (b)(1), the

Secretary shall evaluate a variety of types of models for delivery

of hospice care, including the following:

"(1) Direct furnishing of full hospice care by the Secretary.

"(2) Direct furnishing of some hospice services by the

Secretary.

"(3) Contracting by the Secretary for the furnishing of hospice

care, with a commitment that the Secretary will provide any

further required hospital care for the patient.

"(4) Contracting for all required care to be furnished outside

the Department.

"(5) Referral of the patient for hospice care without a

contract.

"(d) Report. - Not later than April 1, 1998, the Secretary shall

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

House of Representatives a report on the research study. The report

shall set forth the Secretary's findings and recommendations. The

Secretary shall include in the report information on the extent to

which the Secretary advises veterans concerning their eligibility

for hospice care and information on the number of veterans (as of

the time of the report) who are in each model of hospice care

described in subsection (c) and the average cost per patient of

hospice care for each such model."

RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY

Pub. L. 106-419, title II, Sec. 224(d), Nov. 1, 2000, 114 Stat.

1846, provided that: "Any action taken by the Secretary of Veterans

Affairs under section 1710(g) of title 38, United States Code,

during the period beginning on November 30, 1999, and ending on the

date of the enactment of this Act [Nov. 1, 2000] is hereby

ratified."

Section 103 of title I of Pub. L. 104-110 provided that: "Any

action taken by the Secretary of Veterans Affairs before the date

of the enactment of this Act [Feb. 13, 1996] under a provision of

law amended by this title [amending this section, sections 1712,

1720A, 1720C, 3703, 3710, 3720, 3731, 3735, 7451, 7618, and 8169 of

this title, sections 11448 and 11450 of Title 42, The Public Health

and Welfare, and provisions set out as notes under sections 1712,

1718, and 7721 of this title] that was taken during the period

beginning on the date on which the authority of the Secretary under

that provision of law expired and ending on the date of the

enactment of this Act shall be considered to have the same force

and effect as if the amendment to that provision of law made by

this title had been in effect at the time of that action."

Section 105 of Pub. L. 103-452 provided that: "Any action of the

Secretary of Veterans Affairs under section 1710(e) of title 38,

United States Code, during the period beginning on July 1, 1994,

and ending on the date of the enactment of this Act [Nov. 2, 1994]

is hereby ratified."

REIMBURSEMENT FOR HOSPITAL, NURSING HOME OR OUTPATIENT SERVICES

EXPENSES

Section 1(c)(2) of Pub. L. 103-210 directed Secretary of Veterans

Affairs, on request, to reimburse any veteran who paid the United

States an amount under 38 U.S.C. 1710(f) or 1712(f) for hospital

care, nursing home care, or outpatient services furnished by the

Secretary to the veteran before Dec. 20, 1993, on the basis of a

finding that the veteran may have been exposed to a toxic substance

or environmental hazard during the Persian Gulf War, with amount of

reimbursement to be amount that was paid by the veteran for such

care or services.

HEALTH CARE SERVICES FOR WOMEN

Pub. L. 102-585, title I, Sec. 106, Nov. 4, 1992, 106 Stat. 4947,

provided that:

"(a) General Authority. - In furnishing hospital care and medical

services under chapter 17 of title 38, United States Code, the

Secretary of Veterans Affairs may provide to women the following

health care services:

"(1) Papanicolaou tests (pap smears).

"(2) Breast examinations and mammography.

"(3) General reproductive health care, including the management

of menopause, but not including under this section infertility

services, abortions, or pregnancy care (including prenatal and

delivery care), except for such care relating to a pregnancy that

is complicated or in which the risks of complication are

increased by a service-connected condition.

"(b) Responsibilities of Directors of Facilities. - The Secretary

shall ensure that directors of medical facilities of the Department

identify and assess opportunities under the authority provided in

title II of this Act [38 U.S.C. 8111 note] to (1) expand the

availability of, and access to, health care services for women

veterans under sections 1710 and 1712 of title 38, United States

Code, and (2) provide counseling, care, and services authorized by

this title [see Short Title of 1992 Amendment note set out under

section 101 of this title]."

REPORT ON HEALTH CARE AND RESEARCH

Pub. L. 102-585, title I, Sec. 107, Nov. 4, 1992, 106 Stat. 4947,

as amended by Pub. L. 104-262, title III, Sec. 324, Oct. 9, 1996,

110 Stat. 3197, provided that:

"(a) In general. - Not later than January 1 of 1993 and each year

thereafter through 1998, the Secretary of Veterans Affairs shall

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

House of Representatives a report on the provision of health care

services and the conduct of research carried out by, or under the

jurisdiction of, the Secretary relating to women veterans.

"(b) Contents. - The report under subsection (a) shall include

the following information with respect to the most recent fiscal

year before the date of the report:

"(1) The number of women veterans who have received services

described in section 106 of this Act [set out as a note above] in

facilities under the jurisdiction of the Secretary (or the

Secretary of Defense), shown by reference to the Department

facility which provided (or, in the case of Department of Defense

facilities, arranged) those services;

"(2) A description of (A) the services provided at each such

facility (including information on the number of inpatient stays

and the number of outpatient visits through which such services

were provided), and (B) the extent to which each such facility

relies on contractual arrangements under section 1703 or 8153 of

title 38, United States Code, to furnish care to women veterans

in facilities which are not under the jurisdiction of the

Secretary where the provision of such care is not furnished in a

medical emergency.

"(3) The steps taken by each such facility to expand the

provision of services at such facility (or under arrangements

with a Department of Defense facility) to women veterans.

"(4) A description (as of October 1 of the year preceding the

year in which the report is submitted) of the status of any

research relating to women veterans being carried out by or under

the jurisdiction of the Secretary, including research under

section 109 of this Act [former 38 U.S.C. 7303 note].

"(5) A description of the actions taken by the Secretary to

foster and encourage the expansion of such research."

COORDINATION OF WOMEN'S SERVICES

Pub. L. 102-585, title I, Sec. 108, Nov. 4, 1992, 106 Stat. 4948,

provided that: "The Secretary of Veterans Affairs shall ensure that

an official in each regional office of the Veterans Health

Administration shall serve as a coordinator of women's services.

The responsibilities of such official shall include the following:

"(1) Conducting periodic assessments of the needs for services

of women veterans within such region.

"(2) Planning to meet such needs.

"(3) Assisting in carrying out the purposes of section 106(b)

of this title [set out above].

"(4) Coordinating the training of women veterans coordinators

who are assigned to Department facilities in the region under the

jurisdiction of such regional coordinator.

"(5) Providing appropriate technical support and guidance to

Department facilities in that region with respect to outreach

activities to women veterans."

POPULATION STUDY OF WOMEN VETERANS

Pub. L. 102-585, title I, Sec. 110, Nov. 4, 1992, 106 Stat. 4948,

as amended by Pub. L. 103-452, title I, Sec. 102(c), Nov. 2, 1994,

108 Stat. 4786, directed Secretary of Veterans Affairs, in

consultation with Advisory Committee on Women Veterans, to conduct

a study to determine needs of veterans who are women for

health-care services, based on an appropriate sample of veterans

who are women, and to submit to Congress, not later than 9 months

after Nov. 4, 1992, an interim report describing information and

advice obtained from Advisory Committee and status of study, and to

submit, not later than Dec. 31, 1995, a final report describing

results of study.

DEMONSTRATION PROJECT TO EVALUATE INSTALLATION OF TELEPHONES FOR

PATIENT USE AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE

FACILITIES

Pub. L. 102-585, title V, Sec. 525, Nov. 4, 1992, 106 Stat. 4960,

directed Secretary of Veterans Affairs to carry out a demonstration

project to evaluate feasibility and desirability of providing

telephone service in patient rooms in Department of Veterans

Affairs health-care facilities which do not currently provide such

service, use of telephones by patients of such health-care

facilities, and relative feasibility and cost-effectiveness of a

variety of options for providing such service, and submit to

Congress a report on the demonstration project not later than Sept.

30, 1994.

REPORTS ON FURNISHING OF HEALTH CARE AND IMPLEMENTATION OF CHANGES

IN ELIGIBILITY

Section 19011(e) of Pub. L. 99-272, as amended by Pub. L.

100-527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub.

L. 101-237, title II, Sec. 201(d), Dec. 18, 1989, 103 Stat. 2066;

Pub. L. 102-40, title III, Sec. 302, May 7, 1991, 105 Stat. 208;

Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L.

102-291, Sec. 4, May 20, 1992, 106 Stat. 179, directed

Administrator of Veterans Affairs to submit to Congress a report

for each fiscal year through fiscal year 1992 concerning

implementation of the amendments made by section 19011 of Pub. L.

99-272, which amended this section and sections 1525, 1701, 1712,

1712A, 1720, 1722, and 1763 of this title and enacted provisions

set out as notes under this section and section 1722 of this title,

specified detailed information required to be submitted in each

report, and provided that each report be submitted not later than

the Feb. 1 following the end of the fiscal year for which it is

submitted.

CHIROPRACTIC SERVICES PILOT PROGRAM

Section 109 of Pub. L. 99-166 directed Administrator of Veterans'

Affairs to conduct a pilot program to evaluate therapeutic benefits

and cost-effectiveness of furnishing certain chiropractic services

to veterans eligible for medical services under this chapter,

provided that the pilot program be carried out during period

beginning Jan. 1, 1986, and ending Dec. 31, 1988, and directed

Administrator to submit to Committees on Veterans' Affairs of

Senate and House of Representatives not later than Apr. 1, 1989, a

report on implementation, operation, and results of the pilot

program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1703, 1705, 1706,

1710A, 1710B, 1712, 1712A, 1717, 1720B, 1720C, 1722, 1729A, 1782,

2031, 2032, 2043, 2062, 2303, 5317, 8110, 8111A of this title;

title 10 section 1074e; title 26 section 6103.

-End-

-CITE-

38 USC Sec. 1710A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1710A. Required nursing home care

-STATUTE-

(a) The Secretary (subject to section 1710(a)(4) of this title)

shall provide nursing home care which the Secretary determines is

needed (1) to any veteran in need of such care for a

service-connected disability, and (2) to any veteran who is in need

of such care and who has a service-connected disability rated at 70

percent or more.

(b)(1) The Secretary shall ensure that a veteran described in

subsection (a) who continues to need nursing home care is not,

after placement in a Department nursing home, transferred from the

facility without the consent of the veteran, or, in the event the

veteran cannot provide informed consent, the representative of the

veteran.

(2) Nothing in subsection (a) may be construed as authorizing or

requiring that a veteran who is receiving nursing home care in a

Department nursing home on the date of the enactment of this

section be displaced, transferred, or discharged from the facility.

(c) The provisions of subsection (a) shall terminate on December

31, 2003.

-SOURCE-

(Added Pub. L. 106-117, title I, Sec. 101(a)(1), Nov. 30, 1999, 113

Stat. 1547; amended Pub. L. 106-419, title II, Sec. 224(a), Nov. 1,

2000, 114 Stat. 1846.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(b)(2), is the date of enactment of Pub. L. 106-117, which was

approved Nov. 30, 1999.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-419 inserted "(subject to section

1710(a)(4) of this title)" after "The Secretary".

REPORT TO CONGRESSIONAL COMMITTEES

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

1550, provided that: "Not later than January 1, 2003, the Secretary

[of Veterans Affairs] shall submit to the Committees on Veterans'

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

operation of this section [enacting this section and section 1710B

of this title, amending sections 1701, 1710, 1720, 1720B and 1741

of this title, and enacting provisions set out as a note under

section 1710B of this title] (including the amendments made by this

section). The Secretary shall include in the report -

"(1) the Secretary's assessment of the experience of the

Department [of Veterans Affairs] under the provisions of this

section;

"(2) the costs incurred by the Department under the provisions

of this section and a comparison of those costs with the

Secretary's estimate of the costs that would have been incurred

by the Secretary for extended care services if this section had

not been enacted; and

"(3) the Secretary's recommendations, with respect to the

provisions of section 1710A(a) of title 38, United States Code,

as added by subsection (a), and with respect to the provisions of

section 1701(10) of such title, as added by subsection (b), as to

-

"(A) whether those provisions should be extended or made

permanent; and

"(B) what modifications, if any, should be made to those

provisions."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1710 of this title.

-End-

-CITE-

38 USC Sec. 1710B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1710B. Extended care services

-STATUTE-

(a) The Secretary (subject to section 1710(a)(4) of this title

and subsection (c) of this section) shall operate and maintain a

program to provide extended care services to eligible veterans in

accordance with this section. Such services shall include the

following:

(1) Geriatric evaluation.

(2) Nursing home care (A) in facilities operated by the

Secretary, and (B) in community-based facilities through

contracts under section 1720 of this title.

(3) Domiciliary services under section 1710(b) of this title.

(4) Adult day health care under section 1720(f) of this title.

(5) Such other noninstitutional alternatives to nursing home

care as the Secretary may furnish as medical services under

section 1701(10) of this title.

(6) Respite care under section 1720B of this title.

(b) The Secretary shall ensure that the staffing and level of

extended care services provided by the Secretary nationally in

facilities of the Department during any fiscal year is not less

than the staffing and level of such services provided nationally in

facilities of the Department during fiscal year 1998.

(c)(1) Except as provided in paragraph (2), the Secretary may not

furnish extended care services for a non-service-connected

disability other than in the case of a veteran who has a

compensable service-connected disability unless the veteran agrees

to pay to the United States a copayment (determined in accordance

with subsection (d)) for any period of such services in a year

after the first 21 days of such services provided that veteran in

that year.

(2) Paragraph (1) shall not apply -

(A) to a veteran whose annual income (determined under section

1503 of this title) is less than the amount in effect under

section 1521(b) of this title; or

(B) with respect to an episode of extended care services that a

veteran is being furnished by the Department on November 30,

1999.

(d)(1) A veteran who is furnished extended care services under

this chapter and who is required under subsection (c) to pay an

amount to the United States in order to be furnished such services

shall be liable to the United States for that amount.

(2) In implementing subsection (c), the Secretary shall develop a

methodology for establishing the amount of the copayment for which

a veteran described in subsection (c) is liable. That methodology

shall provide for -

(A) establishing a maximum monthly copayment (based on all

income and assets of the veteran and the spouse of such veteran);

(B) protecting the spouse of a veteran from financial hardship

by not counting all of the income and assets of the veteran and

spouse (in the case of a spouse who resides in the community) as

available for determining the copayment obligation; and

(C) allowing the veteran to retain a monthly personal

allowance.

(e)(1) There is established in the Treasury of the United States

a revolving fund known as the Department of Veterans Affairs

Extended Care Fund (hereinafter in this section referred to as the

"fund"). Amounts in the fund shall be available, without fiscal

year limitation and without further appropriation, exclusively for

the purpose of providing extended care services under subsection

(a).

(2) All amounts received by the Department under this section

shall be deposited in or credited to the fund.

-SOURCE-

(Added Pub. L. 106-117, title I, Sec. 101(c)(1), Nov. 30, 1999, 113

Stat. 1548; amended Pub. L. 107-14, Sec. 8(a)(2), (16), June 5,

2001, 115 Stat. 34, 35; Pub. L. 107-103, title V, Sec. 509(b), Dec.

27, 2001, 115 Stat. 997.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c)(2)(B). Pub. L. 107-103 inserted "on" before

"November 30, 1999".

Pub. L. 107-14, Sec. 8(a)(2), substituted "November 30, 1999" for

"on the date of the enactment of the Veterans Millennium Health

Care and Benefits Act".

Subsec. (e)(1). Pub. L. 107-14, Sec. 8(a)(16), substituted

"hereinafter" for "hereafter".

EFFECTIVE DATE

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

1550, provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [enacting this section and section 1710A of this title

and amending sections 1701, 1710, 1720, 1720B and 1741 of this

title] shall take effect on the date of the enactment of this Act

[Nov. 30, 1999].

"(2) Subsection (c) of section 1710B of title 38, United States

Code (as added by subsection (b)), shall take effect on the

effective date of regulations prescribed by the Secretary of

Veterans Affairs under subsections (c) and (d) of such section. The

Secretary shall publish the effective date of such regulations in

the Federal Register.

"(3) The provisions of section 1710(f) of title 38, United States

Code, shall not apply to any day of nursing home care on or after

the effective date of regulations under paragraph (2)."

PILOT PROGRAMS RELATING TO LONG-TERM CARE

Pub. L. 106-117, title I, Sec. 102, Nov. 30, 1999, 113 Stat.

1551, provided that:

"(a) Pilot Programs. - The Secretary [of Veterans Affairs] shall

carry out three pilot programs for the purpose of determining the

effectiveness of different models of all-inclusive care-delivery in

reducing the use of hospital and nursing home care by frail,

elderly veterans.

"(b) Locations of Pilot Programs. - In selecting locations in

which the pilot programs will be carried out, the Secretary may not

select more than one location in any given health care region of

the Veterans Health Administration.

"(c) Scope of Services Under Pilot Programs. - Each of the pilot

programs under this section shall be designed to provide

participating veterans with integrated, comprehensive services

which include the following:

"(1) Adult-day health care services on an eight-hour per day,

five-day per week basis.

"(2) Medical services (including primary care, preventive

services, and nursing home care, as needed).

"(3) Coordination of needed services.

"(4) Transportation services.

"(5) Home care services.

"(6) Respite care.

"(d) Program Requirements. - In carrying out the pilot programs

under this section, the Secretary shall -

"(1) employ the use of interdisciplinary care-management teams

to provide the required array of services;

"(2) determine the appropriate number of patients to be

enrolled in each program and the criteria for enrollment; and

"(3) ensure that funding for each program is based on the

complex care category under the resource allocation system (known

as the Veterans Equitable Resource Allocation system) established

pursuant to section 429 of Public Law 104-204 (110 Stat. 2929).

"(e) Design of Pilot Programs. - To the maximum extent feasible,

the Secretary shall use the following three models in designing the

three pilot programs under this section:

"(1) Under one of the pilot programs, the Secretary shall

provide services directly through facilities and personnel of the

Department [of Veterans Affairs].

"(2) Under one of the pilot programs, the Secretary shall

provide services through a combination of -

"(A) services provided under contract with appropriate public

and private entities; and

"(B) services provided through facilities and personnel of

the Department.

"(3) Under one of the pilot programs, the Secretary shall

arrange for the provision of services through a combination of -

"(A) services provided through cooperative arrangements with

appropriate public and private entities; and

"(B) services provided through facilities and personnel of

the Department.

"(f) In-Kind Assistance. - In providing for the furnishing of

services under a contract in carrying out the pilot program

described in subsection (e)(2), the Secretary may, subject to

reimbursement, provide in-kind assistance (through the services of

Department employees and the sharing of other Department resources)

to a facility furnishing care to veterans. Such reimbursement may

be made by reduction in the charges to the Secretary under such

contract.

"(g) Limitation. - In providing for the furnishing of services in

carrying out a pilot program described in subsection (e)(2) or

(e)(3), the Secretary shall make payment for services only to the

extent that payment for such services is not otherwise covered

(notwithstanding any provision of title XVIII or XIX of the Social

Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]) by another

government or nongovernment entity or program.

"(h) Duration of Programs. - The authority of the Secretary to

provide services under a pilot program under this section shall

cease on the date that is three years after the date of the

commencement of that pilot program.

"(i) Report. - (1) Not later than nine months after the

completion of all of the pilot programs under this section, the

Secretary shall submit to the Committees on Veterans' Affairs of

the Senate and the House of Representatives a report on those

programs.

"(2) The report shall include the following:

"(A) A description of the implementation and operation of each

such program.

"(B) An analysis comparing use of institutional care and use of

other services among enrollees in each of the pilot programs with

the experience of comparable patients who are not enrolled in one

of the pilot programs.

"(C) An assessment of the satisfaction of participating

veterans with each of those programs.

"(D) An assessment of the health status of participating

veterans in each of those programs and of the ability of those

veterans to function independently.

"(E) An analysis of the costs and benefits under each of those

programs."

PILOT PROGRAM RELATING TO ASSISTED LIVING

Pub. L. 106-117, title I, Sec. 103, Nov. 30, 1999, 113 Stat.

1552, provided that:

"(a) Program Authority. - The Secretary [of Veterans Affairs] may

carry out a pilot program for the purpose of determining the

feasibility and practicability of enabling eligible veterans to

secure needed assisted living services as an alternative to nursing

home care.

"(b) Location of Pilot Program. - The pilot program shall be

carried out in a designated health care region of the Department

[of Veterans Affairs] selected by the Secretary for purposes of

this section.

"(c) Scope of Program. - In carrying out the pilot program, the

Secretary may enter into contracts with appropriate facilities for

the provision for a period of up to six months of assisted living

services on behalf of eligible veterans in the region where the

program is carried out.

"(d) Eligible Veterans. - A veteran is an eligible veteran for

purposes of this section if the veteran -

"(1) is eligible for placement assistance by the Secretary

under section 1730(a) of title 38, United States Code;

"(2) is unable to manage routine activities of daily living

without supervision and assistance; and

"(3) could reasonably be expected to receive ongoing services

after the end of the contract period under another government

program or through other means.

"(e) Report. - (1) Not later than 90 days before the end of the

pilot program under this section, the Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives a report on the program.

"(2) The report under paragraph (1) shall include the following:

"(A) A description of the implementation and operation of the

program.

"(B) An analysis comparing use of institutional care among

participants in the program with the experience of comparable

patients who are not enrolled in the program.

"(C) A comparison of assisted living services provided by the

Department through the pilot program with domiciliary care

provided by the Department.

"(D) The Secretary's recommendations, if any, regarding an

extension of the program.

"(f) Duration. - The authority of the Secretary to provide

services under the pilot program shall cease on the date that is

three years after the date of the commencement of the pilot

program.

"(g) Definition. - For purposes of this section, the term

'assisted living services' means services in a facility that

provides room and board and personal care for and supervision of

residents as necessary for the health, safety, and welfare of

residents.

"(h) Standards. - The Secretary may not enter into a contract

with a facility under this section unless the facility meets the

standards established in regulations prescribed under section 1730

of title 38, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1710, 1741 of this title.

-End-

-CITE-

38 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1711. Care during examinations and in emergencies

-STATUTE-

(a) The Secretary may furnish hospital care incident to physical

examinations where such examinations are necessary in carrying out

the provisions of other laws administered by the Secretary.

[(b) Repealed. Pub. L. 107-135, title II, Sec. 208(d), Jan. 23,

2002, 115 Stat. 2463.]

(c)(1) The Secretary may contract with any organization named in,

or approved by the Secretary under, section 5902 of this title to

provide for the furnishing by the Secretary, on a reimbursable

basis (as prescribed by the Secretary), of emergency medical

services to individuals attending any national convention of such

organization, except that reimbursement shall not be required for

services furnished under this subsection to the extent that the

individual receiving such services would otherwise be eligible

under this chapter for medical services.

(2) The authority of the Secretary to enter into contracts under

this subsection shall be effective for any fiscal year only to such

extent or in such amounts as are provided in appropriation Acts.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, Sec. 611; Pub. L.

94-581, title II, Secs. 202(e), 210(a)(2), Oct. 21, 1976, 90 Stat.

2856, 2862; Pub. L. 96-22, title II, Sec. 202, June 13, 1979, 93

Stat. 54; Pub. L. 96-128, title V, Sec. 501(a), Nov. 28, 1979, 93

Stat. 987; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991,

105 Stat. 239; renumbered Sec. 1711 and amended Pub. L. 102-83,

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

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

-MISC1-

PRIOR PROVISIONS

Prior section 1711 was renumbered section 3511 of this title.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-135 struck out subsec. (b) which

read as follows: "The Secretary may furnish hospital care or

medical services as a humanitarian service in emergency cases, but

the Secretary shall charge for such care at rates prescribed by the

Secretary."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 611 of this

title as this section.

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

"Administrator" wherever appearing.

Subsec. (c)(1). Pub. L. 102-40 substituted "5902" for "3402".

1979 - Subsec. (c). Pub. L. 96-22 added subsec. (c).

Subsec. (c)(1). Pub. L. 96-128 substituted "named in, or approved

by the Administrator under," for "recognized by the Administrator

for the purposes of".

1976 - Pub. L. 94-581, Sec. 202(e)(1), substituted "Care" for

"Hospitalization" in section catchline.

Subsec. (a). Pub. L. 94-581, Sec. 210(a)(2)(A), substituted

"administered by the Administrator" for "administered by him".

Subsec. (b). Pub. L. 94-581, Secs. 202(e)(2), 210(a)(2)(B),

substituted "hospital care or medical services" for "hospital

care", "the Administrator shall charge" for "he shall charge", and

"prescribed by the Administrator" for "prescribed by him".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section

601(b) of Pub. L. 96-128, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1976 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 sections 1729A, 2303 of this

title.

-End-

-CITE-

38 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1712. Dental care; drugs and medicines for certain disabled

veterans; vaccines

-STATUTE-

(a)(1) Outpatient dental services and treatment, and related

dental appliances, shall be furnished under this section only for a

dental condition or disability -

(A) which is service-connected and compensable in degree;

(B) which is service-connected, but not compensable in degree,

but only if -

(i) the dental condition or disability is shown to have been

in existence at the time of the veteran's discharge or release

from active military, naval, or air service;

(ii) the veteran had served on active duty for a period of

not less than 180 days or, in the case of a veteran who served

on active duty during the Persian Gulf War, 90 days immediately

before such discharge or release;

(iii) application for treatment is made within 90 days after

such discharge or release, except that (I) in the case of a

veteran who reentered active military, naval, or air service

within 90 days after the date of such veteran's prior discharge

or release from such service, application may be made within 90

days from the date of such veteran's subsequent discharge or

release from such service, and (II) if a disqualifying

discharge or release has been corrected by competent authority,

application may be made within 90 days after the date of

correction; and

(iv) the veteran's certificate of discharge or release from

active duty does not bear a certification that the veteran was

provided, within the 90-day period immediately before the date

of such discharge or release, a complete dental examination

(including dental X-rays) and all appropriate dental services

and treatment indicated by the examination to be needed;

(C) which is a service-connected dental condition or disability

due to combat wounds or other service trauma, or of a former

prisoner of war;

(D) which is associated with and is aggravating a disability

resulting from some other disease or injury which was incurred in

or aggravated by active military, naval, or air service;

(E) which is a non-service-connected condition or disability of

a veteran for which treatment was begun while such veteran was

receiving hospital care under this chapter and such services and

treatment are reasonably necessary to complete such treatment;

(F) from which a veteran who is a former prisoner of war and

who was detained or interned for a period of not less than 90

days is suffering;

(G) from which a veteran who has a service-connected disability

rated as total is suffering; or

(H) the treatment of which is medically necessary (i) in

preparation for hospital admission, or (ii) for a veteran

otherwise receiving care or services under this chapter.

(2) The Secretary concerned shall at the time a member of the

Armed Forces is discharged or released from a period of active

military, naval, or air service of not less than 180 days or, in

the case of a veteran who served on active duty during the Persian

Gulf War, 90 days provide to such member a written explanation of

the provisions of clause (B) of paragraph (1) of this subsection

and enter in the service records of the member a statement signed

by the member acknowledging receipt of such explanation (or, if the

member refuses to sign such statement, a certification from an

officer designated for such purpose by the Secretary concerned that

the member was provided such explanation).

(3) The total amount which the Secretary may expend for

furnishing, during any twelve-month period, outpatient dental

services, treatment, or related dental appliances to a veteran

under this section through private facilities for which the

Secretary has contracted under clause (1), (2), or (5) of section

1703(a) of this title may not exceed $1,000 unless the Secretary

determines, prior to the furnishing of such services, treatment, or

appliances and based on an examination of the veteran by a dentist

employed by the Department (or, in an area where no such dentist is

available, by a dentist conducting such examination under a

contract or fee arrangement), that the furnishing of such services,

treatment, or appliances at such cost is reasonably necessary.

(4)(A) Except as provided in subparagraph (B) of this paragraph,

in any year in which the President's Budget for the fiscal year

beginning October 1 of such year includes an amount for

expenditures for contract dental care under the provisions of this

subsection and section 1703 of this title during such fiscal year

in excess of the level of expenditures made for such purpose during

fiscal year 1978, the Secretary shall, not later than February 15

of such year, submit a report to the appropriate committees of the

Congress justifying the requested level of expenditures for

contract dental care and explaining why the application of the

criteria prescribed in section 1703 of this title for contracting

with private facilities and in the second sentence of section

1710(c) of this title for furnishing incidental dental care to

hospitalized veterans will not preclude the need for expenditures

for contract dental care in excess of the fiscal year 1978 level of

expenditures for such purpose. In any case in which the amount

included in the President's Budget for any fiscal year for

expenditures for contract dental care under such provisions is not

in excess of the level of expenditures made for such purpose during

fiscal year 1978 and the Secretary determines after the date of

submission of such budget and before the end of such fiscal year

that the level of expenditures for such contract dental care during

such fiscal year will exceed the fiscal year 1978 level of

expenditures, the Secretary shall submit a report to the

appropriate committees of the Congress containing both a

justification (with respect to the projected level of expenditures

for such fiscal year) and an explanation as required in the

preceding sentence in the case of a report submitted pursuant to

such sentence. Any report submitted pursuant to this paragraph

shall include a comment by the Secretary on the effect of the

application of the criteria prescribed in the second sentence of

section 1710(c) of this title for furnishing incidental dental care

to hospitalized veterans.

(B) A report under subparagraph (A) of this paragraph with

respect to a fiscal year is not required if, in the documents

submitted by the Secretary to the Congress in justification for the

amounts included for Department programs in the President's Budget,

the Secretary specifies with respect to contract dental care

described in such subparagraph -

(i) the actual level of expenditures for such care in the

fiscal year preceding the fiscal year in which such Budget is

submitted;

(ii) a current estimate of the level of expenditures for such

care in the fiscal year in which such Budget is submitted; and

(iii) the amount included in such Budget for such care.

(b) Dental services and related appliances for a dental condition

or disability described in paragraph (1)(B) of subsection (a) shall

be furnished on a one-time completion basis, unless the services

rendered on a one-time completion basis are found unacceptable

within the limitations of good professional standards, in which

event such additional services may be afforded as are required to

complete professionally acceptable treatment.

(c) Dental appliances, wheelchairs, artificial limbs, trusses,

special clothing, and similar appliances to be furnished by the

Secretary under this section may be procured by the Secretary

either by purchase or by manufacture, whichever the Secretary

determines may be advantageous and reasonably necessary.

(d) The Secretary shall furnish to each veteran who is receiving

additional compensation or allowance under chapter 11 of this

title, or increased pension as a veteran of a period of war, by

reason of being permanently housebound or in need of regular aid

and attendance, such drugs and medicines as may be ordered on

prescription of a duly licensed physician as specific therapy in

the treatment of any illness or injury suffered by such veteran.

The Secretary shall continue to furnish such drugs and medicines so

ordered to any such veteran in need of regular aid and attendance

whose pension payments have been discontinued solely because such

veteran's annual income is greater than the applicable maximum

annual income limitation, but only so long as such veteran's annual

income does not exceed such maximum annual income limitation by

more than $1,000.

(e) In order to assist the Secretary of Health and Human Services

in carrying out national immunization programs under other

provisions of law, the Secretary may authorize the administration

of immunizations to eligible veterans who voluntarily request such

immunizations in connection with the provision of care for a

disability under this chapter in any Department health care

facility. Any such immunization shall be made using vaccine

furnished by the Secretary of Health and Human Services at no cost

to the Department. For such purpose, notwithstanding any other

provision of law, the Secretary of Health and Human Services may

provide such vaccine to the Department at no cost. Section 7316 of

this title shall apply to claims alleging negligence or malpractice

on the part of Department personnel granted immunity under such

section.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, Sec. 612; Pub. L.

86-639, Sec. 1, July 12, 1960, 74 Stat. 472; Pub. L. 87-377, Sec.

1, Oct. 4, 1961, 75 Stat. 806; Pub. L. 87-583, Sec. 2, Aug. 14,

1962, 76 Stat. 381; Pub. L. 88-430, Aug. 14, 1964, 78 Stat. 438;

Pub. L. 88-450, Sec. 7, Aug. 19, 1964, 78 Stat. 504; Pub. L.

88-664, Sec. 8, Oct. 13, 1964, 78 Stat. 1096; Pub. L. 90-77, title

II, Sec. 203(b), Aug. 31, 1967, 81 Stat. 183; Pub. L. 91-102, Oct.

30, 1969, 83 Stat. 168; Pub. L. 91-500, Secs. 2, 3, Oct. 22, 1970,

84 Stat. 1096; Pub. L. 91-588, Secs. 4, 9(f), Dec. 24, 1970, 84

Stat. 1583, 1585; Pub. L. 93-82, title I, Sec. 103(a), Aug. 2,

1973, 87 Stat. 180; Pub. L. 94-581, title I, Sec. 103(a), title II,

Secs. 202(f), 210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862;

Pub. L. 95-588, title III, Sec. 302, Nov. 4, 1978, 92 Stat. 2506;

Pub. L. 96-22, title I, Secs. 101, 102(b), June 13, 1979, 93 Stat.

47; Pub. L. 96-151, title II, Secs. 203, 204, Dec. 20, 1979, 93

Stat. 1094; Pub. L. 97-35, title XX, Sec. 2002(a), Aug. 13, 1981,

95 Stat. 781; Pub. L. 97-37, Secs. 3(b), 5(b), (c), Aug. 14, 1981,

95 Stat. 936, 937; Pub. L. 97-72, title I, Secs. 102(b), 103(a),

(b), Nov. 3, 1981, 95 Stat. 1048, 1049; Pub. L. 97-295, Sec. 4(17),

(95)(A), Oct. 12, 1982, 96 Stat. 1306, 1313; Pub. L. 99-166, title

I, Sec. 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99-272, title XIX,

Secs. 19011(b), 19012(c)(1), (2), Apr. 7, 1986, 100 Stat. 375, 382;

Pub. L. 99-576, title II, Secs. 202, 231(b), 237(b)(2), title VII,

Sec. 702(5), Oct. 28, 1986, 100 Stat. 3254, 3263, 3267, 3301; Pub.

L. 100-322, title I, Secs. 101(a)-(c), (d)(2), (e)(1), (2), (f),

(g)(1), (h)(1), 106, May 20, 1988, 102 Stat. 489-492, 494; Pub. L.

101-508, title VIII, Sec. 8013(b), Nov. 5, 1990, 104 Stat.

1388-346; Pub. L. 102-25, title III, Sec. 334(a), (c), Apr. 6,

1991, 105 Stat. 88, 89; renumbered Sec. 1712 and amended Pub. L.

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

6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title III, Secs. 301,

302, Aug. 14, 1991, 105 Stat. 416; Pub. L. 102-585, title I, Sec.

103, Nov. 4, 1992, 106 Stat. 4946; Pub. L. 103-210, Sec. 1(b), Dec.

20, 1993, 107 Stat. 2496; Pub. L. 103-446, title XII, Sec.

1201(d)(3), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 103-452, title I,

Secs. 101(e), 103(a)(2), Nov. 2, 1994, 108 Stat. 4784, 4786; Pub.

L. 104-110, title I, Sec. 101(a)(2), Feb. 13, 1996, 110 Stat. 768;

Pub. L. 104-262, title I, Sec. 101(b)(2)-(c)(2)(A), Oct. 9, 1996,

110 Stat. 3179; Pub. L. 106-419, title IV, Sec. 404(a)(3), Nov. 1,

2000, 114 Stat. 1864.)

-MISC1-

PRIOR PROVISIONS

Prior section 1712 was renumbered section 3512 of this title.

AMENDMENTS

2000 - Subsec. (a)(4)(A). Pub. L. 106-419 substituted "this

subsection" for "subsection (a) of this section (other than

paragraphs (3)(B) and (3)(C) of that subsection)" after "under the

provisions" in first sentence.

1996 - Pub. L. 104-262, Sec. 101(c)(2)(A), substituted "Dental

care; drugs and medicines for certain disabled veterans; vaccines"

for "Eligibility for outpatient services" in section catchline.

Subsec. (a). Pub. L. 104-262, Sec. 101(c)(1)(A), (B),

redesignated subsec. (b) as (a) and struck out former subsec. (a)

which required and authorized the Secretary to furnish on an

ambulatory or outpatient basis medical services for certain

veterans.

Subsec. (a)(1)(D). Pub. L. 104-110 substituted "December 31,

1996" for "December 31, 1995".

Subsec. (b). Pub. L. 104-262, Sec. 101(c)(1)(B), (C),

redesignated subsec. (c) as (b) and substituted "subsection (a)"

for "subsection (b) of this section". Former subsec. (b)

redesignated (a).

Subsecs. (c) to (e). Pub. L. 104-262, Sec. 101(c)(1)(B),

redesignated subsecs. (d), (h), and (j) as (c), (d), and (e),

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

Subsec. (f). Pub. L. 104-262, Sec. 101(b)(2), redesignated

subsec. (f) as subsec. (g) of section 1710 of this title.

Subsec. (h). Pub. L. 104-262, Sec. 101(c)(1)(B), redesignated

subsec. (h) as (d).

Subsec. (i). Pub. L. 104-262, Sec. 101(c)(1)(A), struck out

subsec. (i), which required Secretary to prescribe regulations

relating to the order in which medical services were to be

furnished to veterans.

Subsec. (j). Pub. L. 104-262, Sec. 101(c)(1)(B), redesignated

subsec. (j) as (e).

1994 - Subsec. (a)(1)(D). Pub. L. 103-452, Sec. 103(a)(2),

substituted "December 31, 1995" for "December 31, 1994".

Subsec. (i)(1). Pub. L. 103-452, Sec. 101(e)(1), inserted "(A)"

after "To a veteran" and inserted before period at end ", or (B)

who is eligible for counseling and care and services under section

1720D of this title, for the purposes of such counseling and care

and services".

Subsec. (i)(2). Pub. L. 103-452, Sec. 101(e)(2), substituted "or

(B)" for ", (B)" and struck out before period at end ", or (C) who

is eligible for counseling under section 1720D of this title, for

the purposes of such counseling".

Subsec. (i)(5). Pub. L. 103-446, Sec. 1201(d)(3)(A), substituted

"section 1722(a)(3)" for "section 1722(a)(1)(C)".

Subsec. (j). Pub. L. 103-446, Sec. 1201(d)(3)(B), substituted

"Section 7316" for "Section 4116".

1993 - Subsec. (a)(1)(D). Pub. L. 103-210, Sec. 1(b)(1), added

subpar. (D).

Subsec. (a)(7). Pub. L. 103-210, Sec. 1(b)(2), added par. (7).

1992 - Subsec. (i)(2)(C). Pub. L. 102-585 added cl. (C).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 612 of this

title as this section.

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

"Secretary" for "Administrator" wherever appearing.

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

"1151" for "351".

Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1710(a)" for "610(a)", "1503" for "503", and "1521(d)" for

"521(d)".

Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710"

for "610".

Subsec. (a)(6). Pub. L. 102-83, Sec. 5(c)(1), substituted "1703"

for "603".

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

"Veterans' Administration".

Subsec. (b)(1)(B)(ii). Pub. L. 102-25, Sec. 334(a), inserted "or,

in the case of a veteran who served on active duty during the

Persian Gulf War, 90 days" after "180 days".

Subsec. (b)(1)(H). Pub. L. 102-86, Sec. 301, amended subsec.

(b)(1) of this section as in effect before the redesignations made

by Pub. L. 102-83, Sec. 5, by adding subpar. (H).

Subsec. (b)(2). Pub. L. 102-25, Sec. 334(a), inserted "or, in the

case of a veteran who served on active duty during the Persian Gulf

War, 90 days" after "180 days".

Subsec. (b)(3). Pub. L. 102-86, Sec. 302, amended subsec. (b) of

this section as in effect before the redesignations made by Pub. L.

102-83, Sec. 5, by substituting "$1,000" for "$500".

Pub. L. 102-83, Sec. 5(c)(1), substituted "1703(a)" for "603(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".

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

"Secretary" for "Administrator" wherever appearing.

Subsec. (b)(4)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted in

two places "1703" for "603" and "1710(c)" for "610(c)".

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

"Department" for "Veterans' Administration" in introductory

provisions.

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

"Secretary" for "Administrator" wherever appearing.

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "1717" for

"617" and "1710(a)(2)" for "610(a)(2)" in par. (1) and "1717" for

"617" in par. (3).

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

"Administrator" in pars. (1) and (2).

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

"Veterans' Administration" in pars. (2) and (4).

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

"Secretary" for "Administrator" in two places.

Pub. L. 102-25, Sec. 334(c), substituted "a period of war" for

"the Mexican border period, World War I, World War II, the Korean

conflict, or the Vietnam era".

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

for "610(e)" in par. (3) and "1722(a)(1)(C)" for "622(a)(1)(C)" in

par. (5).

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

"Administrator" in introductory provisions.

Subsec. (j). Pub. L. 102-83, Sec. 4(b)(5), substituted "the

Secretary of Health and Human Services" for "the Secretary" in

second and third sentences.

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

"Administrator" in first sentence.

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

"Veterans' Administration" wherever appearing.

1990 - Subsec. (f)(1). Pub. L. 101-508, Sec. 8013(b)(1),

substituted "section 610(a)(2)" for "section 610(a)(2)(B)".

Subsec. (f)(3) to (7). Pub. L. 101-508, Sec. 8013(b)(2), (3),

redesignated pars. (5) and (7) as (3) and (4), respectively, and

struck out former pars. (3), (4), and (6) which read as follows:

"(3) A veteran may not be required to make a payment under this

subsection for services furnished under subsection (a) of this

section during any 90-day period to the extent that such payment

would cause the total amount paid by the veteran under this

subsection for medical services furnished during that period and

under section 610(f) of this title for hospital and nursing home

care furnished during that period to exceed the amount of the

inpatient Medicare deductible in effect on the first day of such

90-day period.

"(4) A veteran may not be required to make a payment under this

subsection if such payment would result in the veteran paying,

under this subsection and section 610(f) of this title, a total

amount greater than four times the amount of the inpatient Medicare

deductible for care or services, or any combination thereof,

furnished under this chapter during any 365-calendar-day period.

"(6) For the purposes of this subsection, the term 'inpatient

Medicare deductible' means the amount of the inpatient hospital

deductible in effect under section 1813(b) of the Social Security

Act (42 U.S.C. 1395e(b))."

1988 - Pub. L. 100-322, Sec. 101(h)(1), substituted "Eligibility

for outpatient services" for "Eligibility for medical treatment" in

section catchline.

Subsec. (a)(1). Pub. L. 100-322, Sec. 101(a), substituted "shall

furnish on an ambulatory or outpatient basis" for "may furnish" in

introductory provisions and added subpar. (C).

Subsec. (a)(2). Pub. L. 100-322, Sec. 101(b)(1), (3), added par.

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

to subsection (k) of this section, as part of medical services

furnished to a veteran under paragraph (1) of this subsection, the

Administrator may furnish to the veteran such home health services

as the Administrator finds to be necessary or appropriate for the

effective and economical treatment of such disability (including

only such improvements and structural alterations the cost of which

does not exceed $2,500 (or reimbursement up to such amount) as are

necessary to assure the continuation of treatment for such

disability or to provide access to the home or to essential

lavatory and sanitary facilities)."

Subsec. (a)(3) to (6). Pub. L. 100-322, Sec. 101(b)(2), (3),

added pars. (3) to (5) and redesignated former par. (3) as (6).

Subsec. (b)(1)(B)(i). Pub. L. 100-322, Sec. 101(f)(1),

substituted "at the time of the veteran's" for "at time of".

Subsec. (b)(1)(B)(ii). Pub. L. 100-322, Sec. 101(f)(2),

substituted "180 days" for "one hundred and eighty days".

Subsec. (b)(1)(B)(iii). Pub. L. 100-322, Sec. 101(f)(3),

substituted "90 days" for "ninety days" in four places.

Subsec. (b)(1)(B)(iv). Pub. L. 100-322, Sec. 101(f)(4),

substituted "90-day" for "ninety-day".

Subsec. (b)(1)(F). Pub. L. 100-322, Secs. 101(g)(1)(A), 106,

redesignated subpar. (G) as (F), substituted "90 days" for "six

months", and struck out former subpar. (F) which read as follows:

"from which a veteran of the Spanish-American War or Indian wars is

suffering;".

Subsec. (b)(1)(G), (H). Pub. L. 100-322, Sec. 101(g)(1)(A),

redesignated subpar. (H) as (G). Former subpar. (G) redesignated

(F).

Subsec. (b)(4)(A). Pub. L. 100-322, Sec. 101(e)(2)(A),

substituted "subsection (a) of this section (other than paragraphs

(3)(B) and (3)(C) of that subsection)" for "subsections (a) and (f)

of this section".

Subsec. (e). Pub. L. 100-322, Sec. 101(g)(1)(B), struck out

subsec. (e) which read as follows: "Any disability of a veteran of

the Spanish-American War or Indian Wars, upon application for the

benefits of this section or outpatient medical services under

section 624 of this title, shall be considered for the purposes

thereof to be a service-connected disability incurred or aggravated

in a period of war."

Subsec. (f)(1). Pub. L. 100-322, Sec. 101(e)(1)(A)-(C),

redesignated par. (4)(A) as par. (1), substituted "under subsection

(a) of this section (including home health services under section

617 of this title)" for "under this subsection (including home

health services under paragraph (2) of this subsection)" and

"paragraph (2) of this subsection" for "subparagraph (B) of this

paragraph", and struck out former par. (1) which read as follows:

"Except as provided in paragraph (4) of this subsection, the

Administrator may furnish medical services for any disability on an

outpatient or ambulatory basis -

"(A) to any veteran eligible for hospital care under section

610 of this title (i) if such services are reasonably necessary

in preparation for, or (to the extent that facilities are

available) to obviate the need of, hospital admission, or (ii) if

such a veteran has been furnished hospital care, nursing home

care, or domiciliary care and such medical services are

reasonably necessary to complete treatment incident to such care

(for a period not in excess of twelve months after discharge from

such treatment, except where the Administrator finds that a

longer period is required by virtue of the disability being

treated); and

"(B) to any veteran who is a former prisoner of war."

Subsec. (f)(2). Pub. L. 100-322, Sec. 101(e)(1)(D)-(F),

redesignated par. (4)(B) as (2), substituted "subsection (a) of

this section and who is required under paragraph (1) of this

subsection" for "this subsection and who is required under

subparagraph (A) of this paragraph", and struck out former par. (2)

which read as follows: "Subject to subsection (k) of this section,

as part of medical services furnished to a veteran under paragraph

(1) of this subsection, the Administrator may furnish to the

veteran such home health services as the Administrator determines

to be necessary or appropriate for the effective and economical

treatment of a disability of a veteran (including only such

improvements and structural alterations the cost of which does not

exceed $600 (or reimbursement up to such amount) as are necessary

to assure the continuation of treatment or provide access to the

home or to essential lavatory and sanitary facilities)."

Subsec. (f)(3). Pub. L. 100-322, Sec. 101(e)(1)(A), (D), (E),

(G), redesignated par. (4)(C) as (3), substituted "under this

subsection for services furnished under subsection (a) of this

section" for "under this paragraph for services furnished under

this subsection" and "veteran under this subsection" for "veteran

under this paragraph", and struck out former par. (3) which read as

follows: "In addition to furnishing medical services under this

subsection through Veterans' Administration facilities, the

Administrator may furnish such services in accordance with section

603 of this title."

Subsec. (f)(4). Pub. L. 100-322, Sec. 101(e)(1)(D), redesignated

par. (4)(D) as (4).

Subsec. (f)(5). Pub. L. 100-322, Sec. 101(e)(1)(D), (H),

redesignated par. (4)(E) as (5) and substituted "under section 617

of this title" for "under this subsection".

Subsec. (f)(6). Pub. L. 100-322, Sec. 101(e)(1)(D), (E),

redesignated par. (4)(F) as (6) and substituted "this subsection"

for "this paragraph".

Subsec. (f)(7). Pub. L. 100-322, Sec. 101(e)(1)(D), (E),

redesignated par. (4)(G) as (7) and substituted "this subsection"

for "this paragraph".

Subsec. (g). Pub. L. 100-322, Sec. 101(e)(2)(B), struck out

subsec. (g) which read as follows:

"(1) The Administrator may furnish medical services which the

Administrator determines are needed to a veteran -

"(A) who is a veteran of the Mexican border period or of World

War I; or

"(B) who is in receipt of increased pension or additional

compensation or allowances based on the need of regular aid and

attendance or by reason of being permanently housebound (or who,

but for the receipt of retired pay, would be in receipt of such

pension, compensation, or allowance).

"(2) As part of medical services furnished to a veteran under

paragraph (1) of this subsection, the Administrator may furnish to

the veteran home health services under the terms and conditions set

forth in subsection (f) of this section.

"(3) In addition to furnishing medical services under this

subsection through Veterans' Administration facilities, the

Administrator may furnish such services in accordance with section

603 of this title."

Subsec. (i). Pub. L. 100-322, Sec. 101(c), added pars. (1) to (5)

and struck out former pars. (1) to (6) which read as follows:

"(1) To any veteran for a service-connected disability.

"(2) To any veteran described in subsection (f)(2) of this

section.

"(3) To any veteran with a disability rated as service-connected

(including any veteran being examined to determine the existence or

rating of a service-connected disability).

"(4) To any veteran (A) who is a former prisoner of war, or (B)

who is eligible for care under section 610(a)(5) of this title.

"(5) To any veteran being furnished medical services under

subsection (g) of this section.

"(6) To any veteran who is in receipt of pension under section

521 of this title."

Subsec. (k). Pub. L. 100-322, Sec. 101(d)(2), transferred subsec.

(k) to section 617(a)(3) of this title.

1986 - Subsec. (a). Pub. L. 99-272, Sec. 19011(b)(1), substituted

par. (1) for "Except as provided in subsection (b) of this section,

the Administrator, within the limits of Veterans' Administration

facilities, may furnish such medical services as the Administrator

finds to be reasonably necessary to any veteran for a

service-connected disability.", designated second sentence of

existing provision as par. (2), substituted "As part of medical

services furnished to a veteran under paragraph (1) of this

subsection, the Administrator may furnish to the veteran" for "The

Administrator may also furnish to any such veteran", struck out

provision that in the case of a veteran discharged or released from

active military, naval, or air service for a disability incurred or

aggravated in the line of duty, services may be provided for that

disability, whether or not service-connected for the purposes of

this chapter, and added par. (3).

Subsec. (a)(2). Pub. L. 99-576, Sec. 202(1), substituted "Subject

to subsection (k) of this section, as" for "As".

Subsec. (b)(3). Pub. L. 99-272, Sec. 19012(c)(1), substituted

"clause (1), (2), or (5) of section 603(a)" for "clause (i), (ii),

or (v) of section 601(4)(C)".

Subsec. (b)(4). Pub. L. 99-576, Sec. 231(b), designated existing

provisions as subpar. (A), substituted "Except as provided in

subparagraph (B) of this paragraph, in" for "In", and added subpar.

(B).

Pub. L. 99-272, Sec. 19012(c)(2), substituted "section 603" for

"section 601(4)(C)" in two places.

Subsec. (f). Pub. L. 99-272, Sec. 19011(b)(2), designated

existing first sentence as par. (1), substituted "Except as

provided in paragraph (4) of this subsection, the Administrator

may" for "The Administrator, within the limits of Veterans'

Administration facilities, may", redesignated former cl. (1) as cl.

(A) and subcls. (A) and (B) as subcls. (i) and (ii), inserted "and"

after "being treated);", struck out par. (2), which related to any

veteran who had a service-connected disability rated at 50 percent

or more, and redesignated cl. (3) as cl. (B); designated existing

second sentence as par. (2) and substituted "As part of medical

services furnished to a veteran under paragraph (1) of this

subsection, the Administrator may furnish to the veteran" for "The

Administrator may also furnish to any such veteran"; struck out

provision authorizing the Administrator to furnish outpatient

dental services and treatment, and related appliances, to any

veteran described in subsec. (b)(1)(G) of this section; and added

pars. (3) and (4).

Subsec. (f)(2). Pub. L. 99-576, Sec. 202(1), substituted "Subject

to subsection (k) of this section, as" for "As".

Subsec. (f)(4)(D) to (G). Pub. L. 99-576, Sec. 237(b)(2), added

subpar. (D) and redesignated former subpars. (D) to (F) as (E) to

(G), respectively.

Subsec. (g). Pub. L. 99-272, Sec. 19011(b)(3), amended subsec.

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

the case of any veteran who is a veteran of the Mexican border

period or of World War I or who is in receipt of increased pension

or additional compensation or allowance based on the need of

regular aid and attendance or by reason of being permanently

housebound, or who, but for the receipt of retired pay, would be in

receipt of such pension, compensation, or allowance, the

Administrator, within the limits of Veterans' Administration

facilities, may furnish the veteran such medical services as the

Administrator finds to be reasonably necessary. The Administrator

may also furnish to any such veteran home health services under the

terms and conditions set forth in subsection (f) of this section."

Subsec. (i)(6). Pub. L. 99-272, Sec. 19011(b)(4), added par. (6).

Subsec. (j). Pub. L. 99-576, Sec. 702(5), substituted "programs

under other provisions" for "programs pursuant to other

provisions", "veterans who voluntarily request such immunizations"

for "veterans (voluntarily requesting such immunizations)",

"facility. Any such immunization shall be made using" for

"facility, utilizing", "Administration. For such purpose,

notwithstanding any other provision of law, the Secretary may

provide" for "Administration, and for such purpose, notwithstanding

any other provision of law, the Secretary is authorized to

provide", and "cost. Section 4116" for "cost and the provisions of

section 4116".

Subsec. (k). Pub. L. 99-576, Sec. 202(2), added subsec. (k).

1985 - Subsec. (f)(1). Pub. L. 99-166 substituted "if" for

"where" after "(A)" and "(B)", inserted ", nursing home care, or

domiciliary care", struck out "hospital" after "treatment incident

to such", and substituted "from such treatment" for "from

in-hospital treatment".

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(17)(A), (B), inserted

"of this section" after "subsection (b)", and substituted

"facilities)" for "facilities" after "sanitary".

Subsec. (f)(2). Pub. L. 97-295, Sec. 4(17)(C), substituted

"percent" for "per centum".

Subsec. (h). Pub. L. 97-295, Sec. 4(17)(D), inserted "of this

title" after "chapter 11".

Subsec. (i). Pub. L. 97-295, Sec. 4(17)(E), substituted "The" for

"Not later than ninety days after the effective date of this

subsection, the" at the beginning.

Subsec. (j). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health

and Human Services" for "Health, Education, and Welfare".

1981 - Subsec. (b). Pub. L. 97-72, Sec. 103(a), divided existing

provisions into pars. (1), (2), (3), and (4), redesignated cls. (1)

through (8) as subpars. (A) through (H) of par. (1) as

redesignated, made internal substitutions reflecting new number and

letter designations, and, in par. (1)(B) as redesignated, inserted

provisions set out in par. (1)(B)(ii), (iii)(I), and (iv).

Pub. L. 97-37, Sec. 3(b), in cl. (7) substituted "from which a

veteran who is a former prisoner of war and who was detained or

interned for a period of not less than six months is suffering" for

"from which any veteran of World War I, World War II, the Korean

conflict, or the Vietnam era who was held as a prisoner of war for

a period of not less than six months is suffering".

Pub. L. 97-35 inserted provisions requiring the Secretary

concerned to furnish a discharged or released member of the Armed

Forces a written explanation concerning the provisions of cl. (2)

of this subsection, and in cl. (2) added subcl. (B) and (D), and

redesignated former subcl. (B) as (C) and, as so redesignated,

substituted "90 days" for "one year" in two places.

Subsec. (c). Pub. L. 97-72, Sec. 103(b)(1), substituted

"paragraph (1)(B)" for "clause (2)".

Subsec. (f). Pub. L. 97-72, Sec. 103(b)(2), substituted "clause

(G) of subsection (b)(1)" for "subsection (b)(7)".

Subsec. (f)(3). Pub. L. 97-37, Sec. 5(b), added cl. (3).

Subsec. (i)(4). Pub. L. 97-72, Sec. 102(b), designated existing

provisions relating to former prisoners of war as cl. (A) and added

cl. (B) relating to veterans who are eligible for care under

section 610(a)(5) of this title.

Pub. L. 97-37, Sec. 5(c), added cl. (4). Former cl. (4)

redesignated (5).

Subsec. (i)(5). Pub. L. 97-37, Sec. 5(c)(1), redesignated former

cl. (4) as (5).

1979 - Subsec. (b). Pub. L. 96-151, Sec. 203, inserted provisions

relating to the total amount the Administrator may expend.

Pub. L. 96-22, Sec. 102(b)(1), added pars. (7) and (8) and

inserted provisions following par. (8).

Subsec. (f). Pub. L. 96-22, Sec. 102(b)(2), authorized the

Administrator to furnish outpatient dental services and treatment,

and related appliances, to any veteran described in subsec. (b)(7)

of this section.

Subsec. (g). Pub. L. 96-151, Sec. 204, inserted provisions

relating to particular applicability to Mexican border period or

World War I veterans, and provisions relating to furnishing by the

Administrator of home health care services.

Subsec. (i)(3). Pub. L. 96-22, Sec. 101, inserted "(including any

veteran being examined to determine the existence or rating of a

service-connected disability)" after "with a disability rated as

service connected".

1978 - Subsec. (h). Pub. L. 95-588 substituted "$1,000" for

"$500".

1976 - Subsec. (a). Pub. L. 94-581, Secs. 103(a)(1),

210(a)(3)(A), inserted provisions which authorized the

Administrator to furnish such home health services as the

Administrator finds to be necessary or appropriate for the

effective and economical treatment of the disability (including

only such improvements and structural alterations the cost of which

does not exceed $2,500 (or reimbursement up to such amount) as are

necessary to assure the continuation of treatment for the

disability or to provide access to the home or to essential

lavatory and sanitary facilities), and in the existing provisions

substituted "as the Administrator finds" for "as he finds".

Subsec. (b). Pub. L. 94-581, Sec. 103(a)(2), added par. (5) and

redesignated former par. (5) as (6).

Subsec. (d). Pub. L. 94-581, Sec. 210(a)(3)(B), substituted

"procured by the Administrator" for "procured by him" and

"whichever the Administrator determines" for "whichever he

determines".

Subsec. (e). Pub. L. 94-581, Sec. 202(f)(1), substituted "Indian

Wars" for "Indian wars".

Subsec. (f). Pub. L. 94-581, Secs. 103(a)(3)-(7), 202(f)(2),

substituted "within the limits of Veterans' Administration

facilities, may furnish" for "may also furnish" in provisions

preceding par. (1), substituted "or (to the extent that facilities

are available) to obviate" for "or to obviate" in cl. (A) of par.

(1), substituted "furnished" for "granted" in existing provisions

of cl. (B) of par. (1) and inserted "(for a period not in excess of

twelve months after discharge from in-hospital treatment, except

where the Administrator finds that a longer period is required by

virtue of the disability being treated)" at end, substituted "50

per centum" for "80 per centum" in par. (2), and inserted, after

par. (2), provision authorizing the Administrator to furnish to the

veteran such home health services as the Administrator determines

to be necessary or appropriate for the effective and economical

treatment of a disability of the veteran (including only such

improvements and structural alterations the cost of which does not

exceed $600 (or reimbursement up to such amount) as are necessary

to assure the continuation of treatment or provide access to the

home or to essential lavatory and sanitary facilities).

Subsec. (g). Pub. L. 94-581, Secs. 202(f)(3), 210(a)(3)(C),

inserted ", within the limits of Veterans' Administration

facilities," after "the Administrator" and substituted "as the

Administrator finds" for "as he finds".

Subsec. (h). Pub. L. 94-581, Sec. 210(a)(3)(D), substituted "such

veteran's annual income is greater" for "his annual income is

greater" and "such veteran's annual income does not exceed" for

"his annual income does not exceed".

Subsecs. (i), (j). Pub. L. 94-581, Sec. 103(a)(8), added subsecs.

(i) and (j).

1973 - Subsec. (f). Pub. L. 93-82 substituted provisions relating

to the furnishing of medical services for any disability on an

outpatient or ambulatory basis to veterans eligible for hospital

care where such services are necessary in preparation for, or to

obviate the need of, hospital admission, or where such veteran has

been granted hospital care and such medical services are reasonably

necessary to complete treatment incident to such hospital care and

to veterans who have a service-connected disability rated at 80 per

centum or more for provisions relating to the furnishing of medical

services for a non-service connected disability where such care is

reasonably necessary in preparation for admission of a veteran who

has been determined to need hospital care and who has been

scheduled for admission, where a veteran has been granted hospital

care, and outpatient care is reasonably necessary to complete

treatment incident to such hospital care, and where a veteran of

any war has a total disability permanent in nature resulting from a

service-connected disability.

1970 - Subsec. (g). Pub. L. 91-500, Sec. 2, extended the

authority of the Administrator to furnish medical services as he

finds necessary to veterans permanently housebound or receiving

pension or compensation based on need of regular aid and attendance

and struck out conditions limiting such medical care to veterans

hospitalized or suffering from one or more of the six specific

conditions or diseases enumerated.

Subsec. (h). Pub. L. 91-588 inserted reference to Mexican border

period and authorized the Administrator to continue furnishing

drugs and medicine so ordered by any veteran in need of regular aid

and attendance whose pension payments have been discontinued solely

because his annual income is greater than the applicable maximum

annual income limitation, but only so long as his annual income

does not exceed such maximum annual income limitation by more than

$500.

Pub. L. 91-500, Sec. 3, authorized furnishing of drugs and

medicines to veterans receiving additional compensation or

allowance or increased pension by reason of being "permanently

housebound".

1969 - Subsec. (f)(3). Pub. L. 91-102 added par. (3).

1967 - Subsec. (h). Pub. L. 90-77 imposed the obligation of

furnishing drugs and medicines on the Administrator and extended

such medical benefits to veterans receiving additional compensation

under chapter 11 and veterans of the Vietnam era.

1964 - Subsec. (b)(2). Pub. L. 88-430 permitted an application

for treatment to be made within one year after a disqualifying

discharge or release has been corrected, or the date of enactment

of this exception, whichever is later.

Subsec. (g). Pub. L. 88-450 added subsec. (g).

Subsec. (h). Pub. L. 88-664 added subsec. (h).

1962 - Subsec. (a). Pub. L. 87-583 provided for medical service

to any veteran for a service-connected disability instead of to a

veteran of any war, to a veteran discharged or released from the

active military, naval, or air service for a disability incurred or

aggravated in line of duty, or to a person who is in receipt of,

but for the receipt of retirement pay would be entitled to,

disability compensation.

1961 - Subsecs. (b)(5), (e). Pub. L. 87-377 inserted "or Indian

wars" after "Spanish-American War".

1960 - Subsec. (f). Pub. L. 86-639 added subsec. (f).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-210 effective as of Aug. 2, 1990, see

section 1(c)(1) of Pub. L. 103-210, set out as a note under section

1710 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 1988 AMENDMENT

Amendment by section 101(a)-(c), (d)(2), (e)(1), (2), (f),

(g)(1), (h)(1) of Pub. L. 100-322 applicable with respect to

furnishing of medical services to veterans who apply for such

services after June 30, 1988, see section 101(i) of Pub. L.

100-322, set out as a note under section 1703 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 237(b)(2) of Pub. L. 99-576 effective Apr.

7, 1986, see section 237(c) of Pub. L. 99-576, set out as a note

under section 1710 of this title.

Amendment by section 19011(b) of Pub. L. 99-272 applicable to

hospital care, nursing home care, and medical services furnished on

or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set

out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1981 AMENDMENTS

Amendment by section 5(b), (c) of Pub. L. 97-37 effective Oct. 1,

1981, see section 5(d) of Pub. L. 97-37, set out as a note under

section 1710 of this title.

Section 2002(b) of Pub. L. 97-35 provided that:

"(b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of

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

1, 1981.

"(2) The amendment made by clause (1)(B) of subsection (a)

[amending this section] shall apply only to veterans discharged or

released from active military, naval, or air service after

September 30, 1981."

EFFECTIVE DATE OF 1979 AMENDMENTS

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.

Amendment by section 102(b) of Pub. L. 96-22 effective Oct. 1,

1979, see section 107 of Pub. L. 96-22, set out as a note under

section 1701 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 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 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 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section

11 of Pub. L. 88-664, set out as a note under section 1503 of this

title.

SAVINGS PROVISION

Provisions of subsec. (a) of this section, as in effect on Oct.

8, 1996, to continue to apply on and after such date with respect

to furnishing of hospital care, nursing home care, and medical

services for any veteran who was furnished such care before Oct. 9,

1996, on the basis of presumed exposure to a substance of

radiation, but only for treatment for disability for which such

care or services were furnished before Oct. 9, 1996, see section

102(b) of Pub. L. 104-262, set out as a note under section 1710 of

this title.

RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY

Any action taken by Secretary of Veterans Affairs before Feb. 13,

1996, under provision of law amended by title I of Pub. L. 104-110

that was taken during period beginning on date on which authority

of Secretary under such provision of law expired and ending on Feb.

13, 1996, considered to have same force and effect as if such

amendment had been in effect at time of that action, see section

103 of Pub. L. 104-110, set out as a note under section 1710 of

this title.

DISABILITY OF VETERANS OF SPANISH-AMERICAN WAR

Section 101(g)(2) of Pub. L. 100-322, as amended by Pub. L.

102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"Any disability of a veteran of the Spanish-American War, upon

application for outpatient medical services under section 1712 or

1724 of title 38, United States Code, shall be considered for the

purposes thereof to be a service-connected disabilty [sic] and, for

the purposes of section 1712(b) of such title, to be compensable in

degree."

PILOT PROGRAM OF MOBILE HEALTH-CARE CLINICS

Section 113 of Pub. L. 100-322 authorized Administrator of

Veterans' Affairs to conduct a pilot program under which eligible

veterans residing in areas which are at least 100 miles from the

nearest Veterans' Administration health-care facility are furnished

health-care services at a location convenient to their residences

by Veterans' Administration employees furnishing such services

through the use of appropriately equipped mobile health-care

clinics, provided that the pilot program be conducted for a period

of not less than 24 months, and required Administrator to submit to

Committees on Veterans' Affairs of Senate and House of

Representatives interim and final reports on the project.

PILOT PROGRAM OF COMMUNITY-BASED RESIDENTIAL CARE FOR HOMELESS

CHRONICALLY MENTALLY ILL AND OTHER VETERANS

Section 115(a)-(f) of Pub. L. 100-322, as amended by Pub. L.

101-237, title II, Sec. 201(c), Dec. 18, 1989, 103 Stat. 2066; Pub.

L. 102-83, Secs. 5(c)(2), 6(j)(1), Aug. 6, 1991, 105 Stat. 406,

409; Pub. L. 102-405, title I, Sec. 107(h), Oct. 9, 1992, 106 Stat.

1978; Pub. L. 103-452, title I, Sec. 103(e), Nov. 2, 1994, 108

Stat. 4787; Pub. L. 104-110, title I, Sec. 102(a), Feb. 13, 1996,

110 Stat. 769; Pub. L. 104-275, title VI, Sec. 601(a), Oct. 9,

1996, 110 Stat. 3344, provided for a pilot program to provide care

and treatment in community-based facilities to homeless veterans

suffering from chronic mental illness, prior to repeal by Pub. L.

105-114, title II, Sec. 202(c)(4), Nov. 21, 1997, 111 Stat. 2287.

REPORT ON TREATMENT AND SERVICES FOR CHRONICALLY MENTALLY ILL

VETERANS

Section 114 of Pub. L. 100-322 directed that the report required

by section 235 of Pub. L. 99-576 [see below] include additional

information about veterans being treated by the Veterans'

Administration for mental illness disabilities who were furnished

hospital, domiciliary, or nursing home care by the Administrator

during fiscal years 1986, 1987, and 1988, and extended the deadline

for submission of the report to not later than Dec. 15, 1988.

Section 235 of Pub. L. 99-576 directed Administrator to submit to

Committees on Veterans' Affairs of Senate and House of

Representatives not later than Dec. 15, 1987, a report on

Administrator's current use of authority to contract for care and

treatment, and for rehabilitative services, for chronically

mentally ill veterans through various types of facilities and to

furnish home health services to such veterans in such veterans'

homes or in other settings in which they reside.

VETERANS DISCHARGED OR RELEASED FROM ACTIVE SERVICE WHO REENTERED

SUCH SERVICE WITHIN ONE YEAR, AND WERE DISCHARGED OR RELEASED

BEFORE AUGUST 13, 1981

Section 103(c) of Pub. L. 97-72, as amended by Pub. L. 102-83,

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

"(1) Section 1712(b)(1)(B)(iii)(I) [now 1712(a)(1)(B)(iii)(I),

formerly 612(b)(1)(B)(iii)(I)] of title 38, United States Code,

shall apply only to veterans discharged or released from active

military, naval, or air service after August 12, 1981.

"(2) A veteran who before August 13, 1981 -

"(A) was discharged or released from active military, naval, or

air service,

"(B) reentered such service within one year after the date of

such discharge or release, and

"(C) was discharged or released from such subsequent service,

may be provided dental services and treatment in the same manner as

provided for in section 1712(b) [now 1712(a), formerly 612(b)] of

title 38, United States Code, if the veteran is otherwise eligible

for such services and treatment and if application for such

services and treatment is or was made within one year from the date

of such subsequent discharge or release."

STUDY OF HOME MODIFICATIONS FOR TOTALLY BLINDED SERVICE-CONNECTED

VETERANS; REPORT NOT LATER THAN OCTOBER 1, 1979

Section 505 of Pub. L. 96-22 directed Administrator of Veterans'

Affairs to submit a report to Committees on Veterans' Affairs of

Senate and House of Representatives not later than Oct. 1, 1979, on

needs of veterans who are totally blind from service-connected

causes for home modifications the cost of which would exceed the

amount allowable for such purposes under subsec. (a) of this

section and on reasons why such veterans have not applied for home

health services.

ANNUAL REPORT TO CONGRESS ON RESULTS OF REGULATIONS PRESCRIBED TO

CARRY OUT SPECIAL PRIORITIES IN FURNISHING MEDICAL SERVICES

Section 103(b) of Pub. L. 94-581, as amended by Pub. L. 100-527,

Sec. 10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that not later than

one year after Oct. 21, 1976, and annually thereafter, the

Secretary of Veterans Affairs was to report to the Congress on the

results of the regulations prescribed to carry out former subsec.

(i) of this section.

NOTIFICATION TO ELIGIBLE INDIVIDUALS OF EXPANDED CARE AND SERVICES

AVAILABLE AS RESULT OF AMENDMENTS BY VETERANS OMNIBUS HEALTH CARE

ACT OF 1976

Section 117(b) of Pub. L. 94-581 directed Administrator, not

later than ninety days after Oct. 21, 1976, to take all appropriate

steps to ensure that each individual eligible for new or expanded

services as a result of amendments made by Veterans Omnibus Health

Care Act of 1976 (Pub. L. 94-581) was personally notified about his

or her eligibility and the way to secure care and services and

directed Administrator to send copies of all notification forms to

appropriate House and Senate committees, along with a description

of how the forms were distributed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1525, 1701, 1703, 1710,

2062 of this title; title 26 section 6103.

-End-

-CITE-

38 USC Sec. 1712A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1712A. Eligibility for readjustment counseling and related

mental health services

-STATUTE-

(a)(1)(A) Upon the request of any veteran referred to in

subparagraph (B), the Secretary shall furnish counseling to the

veteran to assist the veteran in readjusting to civilian life. Such

counseling may include a general mental and psychological

assessment of the veteran to ascertain whether such veteran has

mental or psychological problems associated with readjustment to

civilian life.

(B) Subparagraph (A) applies to the following veterans:

(i) Any veteran who served on active duty -

(I) in a theater of combat operations (as determined by the

Secretary in consultation with the Secretary of Defense) during

the Vietnam era; or

(II) after May 7, l975, in an area at a time during which

hostilities occurred in that area.

(ii) Any veteran (other than a veteran covered by clause (i))

who served on active duty during the Vietnam era who seeks or is

furnished such counseling before January 1, 2004.

(2)(A) Upon the request of any veteran (other than a veteran

covered by paragraph (1)) who served in the active military, naval,

or air service in a theater of combat operations (as so determined)

during a period of war, or in any other area during a period in

which hostilities (as defined in subparagraph (B)) occurred in such

area, the Secretary may furnish counseling to the veteran to assist

the veteran in readjusting to civilian life.

(B) For the purposes of subparagraph (A), the term "hostilities"

means an armed conflict in which the members of the Armed Forces

are subjected to danger comparable to the danger to which members

of the Armed Forces have been subjected in combat with enemy armed

forces during a period of war, as determined by the Secretary in

consultation with the Secretary of Defense.

(b)(1) If, on the basis of the assessment furnished under

subsection (a) of this section, a physician or psychologist

employed by the Department (or, in areas where no such physician or

psychologist is available, a physician or psychologist carrying out

such function under a contract or fee arrangement with the

Secretary) determines that the provision of mental health services

to such veteran is necessary to facilitate the successful

readjustment of the veteran to civilian life, such veteran shall,

within the limits of Department facilities, be furnished such

services on an outpatient basis. For the purposes of furnishing

such mental health services, the counseling furnished under

subsection (a) of this section shall be considered to have been

furnished by the Department as a part of hospital care. Any

hospital care and other medical services considered necessary on

the basis of the assessment furnished under subsection (a) of this

section shall be furnished only in accordance with the eligibility

criteria otherwise set forth in this chapter (including the

eligibility criteria set forth in section 1784 of this title).

(2) Mental health services furnished under paragraph (1) of this

subsection may, if determined to be essential to the effective

treatment and readjustment of the veteran, include such

consultation, counseling, training, services, and expenses as are

described in sections 1782 and 1783 of this title.

[(c) Repealed. Pub. L. 104-262, title III, Sec. 331(b), Oct. 9,

1996, 110 Stat. 3198.]

(d) The Under Secretary for Health may provide for such training

of professional, paraprofessional, and lay personnel as is

necessary to carry out this section effectively, and, in carrying

out this section, may utilize the services of paraprofessionals,

individuals who are volunteers working without compensation, and

individuals who are veteran-students (as described in section 3485

of this title) in initial intake and screening activities.

(e)(1) In furnishing counseling and related mental health

services under subsections (a) and (b) of this section, the

Secretary shall have available the same authority to enter into

contracts with private facilities that is available to the

Secretary (under sections 1703(a)(2) and 1710(a)(1)(B) of this

title) in furnishing medical services to veterans suffering from

total service-connected disabilities.

(2) Before furnishing counseling or related mental health

services described in subsections (a) and (b) of this section

through a contract facility, as authorized by this subsection, the

Secretary shall approve (in accordance with criteria which the

Secretary shall prescribe by regulation) the quality and

effectiveness of the program operated by such facility for the

purpose for which the counseling or services are to be furnished.

(3) The authority of the Secretary to enter into contracts under

this subsection shall be effective for any fiscal year only to such

extent or in such amounts as are provided in appropriation Acts.

(f) The Secretary, in cooperation with the Secretary of Defense,

shall take such action as the Secretary considers appropriate to

notify veterans who may be eligible for assistance under this

section of such potential eligibility.

(g)(1)(A) Except as provided in subparagraph (C) of this

paragraph, the Secretary may close or relocate a center in

existence on January 1, 1988, only as described in the national

plan required by paragraph (3) of this subsection (or in a revision

to such plan under paragraph (4) of this subsection in which the

closure or relocation of that center is proposed).

(B) A closure or relocation of a center which is proposed in such

national plan may be carried out only after the end of the 120-day

period beginning on the date on which the national plan is

submitted. A closure or relocation of a center not proposed in such

plan may be carried out only after the end of the 60-day period

beginning on the date the Secretary submits a revision to such plan

in which the closure or relocation of that center is proposed.

(C) The Secretary may relocate a center in existence on January

1, 1988, without regard to the national plan (including any

revision to such plan) if such relocation is to a new location away

from a Department general health-care facility when such relocation

is necessitated by circumstances beyond the control of the

Department. Such a relocation may be carried out only after the end

of the 30-day period beginning on the date on which the Secretary

notifies the Committees on Veterans' Affairs of the Senate and the

House of Representatives of the proposed relocation, of the

circumstances making it necessary, and of the reason for the

selection of the new site for the center.

(2)(A) Not later than April 1, 1988, the Secretary shall submit

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

Representatives a report on the Secretary's evaluation of the

effectiveness in helping to meet the readjustment needs of veterans

who served on active duty during the Vietnam era of the

readjustment counseling and mental health services provided

pursuant to this section (and of outreach efforts with respect to

such counseling and services). Such report shall give particular

attention, in light of the results of the study required by section

102 of the Veterans' Health Care Amendments of 1983 (Public Law

98-160), to the provision of such counseling and services to

veterans with post-traumatic stress disorder and to the diagnosis

and treatment of such disorder.

(B) The report required by subparagraph (A) of this paragraph

shall include -

(i) the opinion of the Secretary with respect to (I) the extent

to which the readjustment needs of veterans who served on active

duty during the Vietnam era remain unmet, and (II) the extent to

which the provision of readjustment counseling services under

this section in centers is needed to meet such needs; and

(ii) in light of the opinion submitted pursuant to clause (i)

of this subparagraph, such recommendations for amendments to this

subsection and for other legislative and administrative action as

the Secretary considers appropriate.

(3)(A) The Secretary, after considering the recommendations of

the Under Secretary for Health, shall submit to such committees a

report setting forth a national plan for all centers in existence

on January 1, 1988. Such national plan shall set forth the

Secretary's proposals as to each such center for a period (to be

determined by the Secretary) of not less than 12 months beginning

on the date of the submission of the report. The plan shall

include, as to each center, whether the Secretary proposes to

relocate the center to a general Department facility, relocate the

center to a new location away from a general Department facility,

expand the center in the same location, or close the center. The

plan shall also set forth any proposal of the Secretary to open

additional centers.

(B) The plan shall include the Secretary's evaluation as to how,

in light of each of the criteria described in subparagraph (C) of

this paragraph, the proposal set forth in the plan for each center

covered by the plan would ensure the continued availability and

effective furnishing of readjustment counseling services to

eligible veterans needing such services in the geographic area

served by that center.

(C) The Secretary shall make the evaluation described in

subparagraph (B) of this paragraph with respect to any center in

light of the following:

(i) The distribution of Vietnam-era veterans in the geographic

area served by the center and the relationships between the

location of such center and the general Department facility and

such distribution.

(ii) The distance between the center and the general Department

facility.

(iii) The availability of other entities (such as State, local,

or private outreach facilities) which provide assistance to

Vietnam-era veterans in the area served by the center.

(iv) The availability of transportation to, and parking at, the

center and the general Department facility.

(v) The availability, cost, and suitability of the space at the

general Department facility.

(vi) The overall cost impact of the proposed closure or

relocation, including a comparison of the recurring nonpersonnel

costs of providing readjustment counseling to the same estimated

number of veterans at the center and the general Department

facility.

(vii) The workload trends over the two previous fiscal years,

and projected over the next fiscal year (or longer), at the

center.

(viii) Such other factors as the Secretary determines to be

relevant to making the evaluation described in subparagraph (B)

of this paragraph.

(D) For the purposes of this paragraph, the term "general

Department facility" means a Department facility which is not a

center and at which readjustment counseling would be furnished in a

particular geographic area upon the closure or relocation of a

center.

(4) After submitting the plan required by paragraph (3) of this

subsection, the Secretary may submit to the committees a revision

to such plan in order to modify the proposal set forth in the plan

as to any center. Any such revision shall include, with respect to

each center addressed in the revision, a description of the

Secretary's evaluation of the matters specified in paragraphs

(3)(B) and (3)(C) of this subsection.

(5) For purposes of determining a period of time under paragraph

(1)(B) of this subsection, if the national plan (or a revision to

the national plan) is submitted to the committees during the

121-day period beginning 60 days before and ending 60 days after

the final day of a session of the Congress, it shall be deemed to

have been submitted on the sixty-first day after the final day of

such session.

[(h) Repealed. Pub. L. 102-83, Sec. 4(b)(6), Aug. 6, 1991, 105

Stat. 405.]

(i) For the purposes of this section:

(1) The term "center" means a facility (including a Resource

Center designated under subsection (h)(3)(A) of this section)

which is operated by the Department for the provision of services

under this section and which (A) is situated apart from

Department general health-care facilities, or (B) was so situated

but has been relocated to a Department general health-care

facility.

(2) The term "Department general health-care facility" means a

health-care facility which is operated by the Department for the

furnishing of health-care services under this chapter, not

limited to services provided through the program established

under this section.

-SOURCE-

(Added Pub. L. 96-22, title I, Sec. 103(a)(1), June 13, 1979, 93

Stat. 48, Sec. 612A; amended Pub. L. 96-128, title V, Sec. 501(b),

Nov. 28, 1979, 93 Stat. 987; Pub. L. 97-72, title I, Sec.

104(a)(1), (b), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 98-160, title

I, Sec. 101, Nov. 21, 1983, 97 Stat. 993; Pub. L. 99-166, title I,

Secs. 105, 106, Dec. 3, 1985, 99 Stat. 944, 945; Pub. L. 99-272,

title XIX, Secs. 19011(d)(4), 19012(c)(3), Apr. 7, 1986, 100 Stat.

379, 382; Pub. L. 99-576, title II, Sec. 204, title VII, Sec.

702(6), Oct. 28, 1986, 100 Stat. 3255, 3302; Pub. L. 100-322, title

I, Sec. 107(a)-(e), May 20, 1988, 102 Stat. 494-496; Pub. L.

100-687, div. B, title XV, Sec. 1501(a), Nov. 18, 1988, 102 Stat.

4132; Pub. L. 102-25, title III, Sec. 334(d), Apr. 6, 1991, 105

Stat. 89; Pub. L. 102-54, Sec. 14(b)(11), June 13, 1991, 105 Stat.

283; renumbered Sec. 1712A and amended Pub. L. 102-83, Secs.

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

Stat. 404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; Pub. L. 104-262, title I, Sec. 101(d)(5),

title III, Sec. 331, Oct. 9, 1996, 110 Stat. 3180, 3197; Pub. L.

106-117, title II, Sec. 205(a), Nov. 30, 1999, 113 Stat. 1563; Pub.

L. 107-135, title II, Sec. 208(e)(3)(A), Jan. 23, 2002, 115 Stat.

2463.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Veterans' Health Care Amendments of 1983,

referred to in subsec. (g)(2)(A), is section 102 of Pub. L. 98-160,

title I, Nov. 21, 183, 97 Stat. 994, which was formerly set out

below.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-135 substituted "section 1784"

for "section 1711(b)" in par. (1) and "sections 1782 and 1783" for

"section 1701(6)(B)" in par. (2).

1999 - Subsec. (a)(1)(B)(ii). Pub. L. 106-117 substituted

"January 1, 2004" for "January 1, 2000".

1996 - Subsec. (a). Pub. L. 104-262, Sec. 331(a), amended subsec.

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

"(a)(1) Upon the request of any veteran who served on active duty

during the Vietnam era, the Secretary shall, within the limits of

Department facilities, furnish counseling to such veteran to assist

such veteran in readjusting to civilian life. Such counseling shall

include a general mental and psychological assessment to ascertain

whether such veteran has mental or psychological problems

associated with readjustment to civilian life.

"(2)(A) The Secretary shall furnish counseling as described in

paragraph (1), upon request, to any veteran who served on active

duty after May 7, 1975, in an area at a time during which

hostilities occurred in such area.

"(B) For the purposes of subparagraph (A) of this paragraph, the

term 'hostilities' means an armed conflict in which members of the

Armed Forces are subjected to danger comparable to the danger to

which members of the Armed Forces have been subjected in combat

with enemy armed forces during a period of war, as determined by

the Secretary in consultation with the Secretary of Defense."

Subsec. (b)(1). Pub. L. 104-262, Sec. 101(d)(5)(A), struck out

"under the conditions specified in section 1712(a)(5)(B) of this

title" after "furnished such services on an outpatient basis".

Subsec. (c). Pub. L. 104-262, Sec. 331(b), struck out subsec. (c)

which read as follows: "Upon receipt of a request for counseling

under this section from any individual who has been discharged or

released from active military, naval, or air service but who is not

eligible for such counseling, the Secretary shall -

"(1) provide referral services to assist such individual, to

the maximum extent practicable, in obtaining mental health care

and services from sources outside the Department; and

"(2) if pertinent, advise such individual of such individual's

rights to apply to the appropriate military, naval, or air

service and the Department for review of such individual's

discharge or release from such service."

Subsec. (e)(1). Pub. L. 104-262, Sec. 101(d)(5)(B), substituted

"sections 1703(a)(2) and 1710(a)(1)(B)" for "sections 1712(a)(1)(B)

and 1703(a)(2)".

1992 - Subsecs. (d), (g)(3)(A). Pub. L. 102-405 substituted

"Under Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 612A of this

title as this section.

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

"Secretary" for "Administrator" in par. (1).

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

"Veterans' Administration" in par. (1).

Pub. L. 102-25 designated existing provisions as par. (1) and

added par. (2).

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

"1712(a)(5)(B)" for "612(a)(5)(B)" and "1711(b)" for "611(b)".

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" wherever appearing.

Pub. L. 102-54 substituted "section 612(a)(5)(B)" for "paragraph

(1)(A)(ii) of section 612(f)".

Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1701(6)(B)" for "601(6)(B)".

Subsec. (c). 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 pars. (1) and (2).

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485" for

"1685".

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

"1712(a)(1)(B) and 1703(a)(2)" for "612(a)(1)(B) and 603(a)(2)" in

par. (1).

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

"Administrator" wherever appearing.

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

"Secretary" for "Administrator" in two places.

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

"Secretary" for "Administrator" and "Secretary's" for

"Administrator's" wherever appearing.

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

"Veterans' Administration" wherever appearing.

Subsec. (h). Pub. L. 102-83, Sec. 4(b)(6), struck out subsec. (h)

which related to carrying out a pilot program to provide and

coordinate services to meet the readjustment needs of veterans on

active duty during the Vietnam era.

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

"Department" for "Veterans' Administration" wherever appearing.

1988 - Subsec. (g)(1). Pub. L. 100-322, Sec. 107(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

"During the 24-month period ending on September 30, 1989, the

Administrator shall take appropriate steps to ensure -

"(A) the orderly, gradual transition, by October 1, 1989, of

that part of the program established under this section for the

provision of readjustment counseling services by Veterans'

Administration personnel from a program providing such services

primarily through centers located in facilities situated apart

from the health-care facilities operated by the Veterans'

Administration for the provision of other health-care services

under other provisions of this chapter to a program providing

readjustment counseling services primarily through such

health-care facilities; and

"(B) the continued availability after such date of readjustment

counseling and related mental health services under this section

to veterans eligible for the provision of such counseling and

services who request such counseling."

Subsec. (g)(1)(A). Pub. L. 100-687, Sec. 1501(a)(1), substituted

"Except as provided in subparagraph (C) of this paragraph, the" for

"The".

Subsec. (g)(1)(C). Pub. L. 100-687, Sec. 1501(a)(2), added

subpar. (C).

Subsec. (g)(2)(A). Pub. L. 100-322, Sec. 107(b), substituted

"April 1, 1988" for "April 1, 1987" and struck out "(or, if the

study is not then completed, whatever information from it is then

available)" after "(Public Law 98-160)".

Subsec. (g)(2)(B)(i). Pub. L. 100-322, Sec. 107(e)(1)(A),

substituted "in centers is needed" for "in a program providing such

services through facilities situated apart from Veterans'

Administration health-care facilities is needed".

Subsec. (g)(2)(B)(ii). Pub. L. 100-322, Sec. 107(e)(1)(B),

substituted "this subsection" for "paragraph (1) of this

subsection".

Subsec. (g)(3) to (5). Pub. L. 100-322, Sec. 107(c), added pars.

(3) to (5) and struck out former pars. (3) and (4) which read as

follows:

"(3) Not later than July 1, 1987, the Administrator shall submit

to such committees a report containing a description of the plans

made and timetable for carrying out paragraph (1) of this

subsection. Such report shall be prepared taking into consideration

the results of the study referred to in paragraph (2)(A) of this

subsection (or, if the study is not then completed, whatever

information from it is then available).

"(4) Not later than February 1, 1989, the Administrator shall

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

House of Representatives a report on the experience under as much

of the transition as was carried out pursuant to paragraph (1) of

this subsection before September 30, 1988, including such

recommendations for legislative and administrative action as the

Administrator considers appropriate in light of such experience."

Subsec. (h)(3)(B). Pub. L. 100-322, Sec. 107(e)(2)(A),

substituted "referred to as 'Resource Centers')" for "referred to

as 'Centers')".

Subsec. (h)(4), (5). Pub. L. 100-322, Sec. 107(e)(2)(B),

substituted "Resource Center" for "Center" wherever appearing.

Subsec. (i). Pub. L. 100-322, Sec. 107(d), added subsec. (i).

1986 - Subsec. (b)(1). Pub. L. 99-272, Sec. 19011(d)(4)(A),

substituted "paragraph (1)(A)(ii)" for "clause (1)(B)".

Subsec. (e)(1). Pub. L. 99-272, Sec. 19012(c)(3), substituted

"603(a)(2)" for "601(4)(C)(ii)".

Pub. L. 99-272, Sec. 19011(d)(4)(B), substituted "612(a)(1)(B)"

for "612(f)(2)".

Subsec. (g)(1). Pub. L. 99-576, Sec. 204(a), substituted "the

24-month period ending on September 30, 1989" for "the twelve-month

period ending on September 30, 1988" in introductory provision, and

substituted "orderly, gradual transition by October 1, 1989" for

"orderly transition, by October 1, 1988" in subpar. (A).

Subsec. (g)(2)(A). Pub. L. 99-576, Sec. 204(b)(1), inserted

"(Pub. L. 98-160) (or, if the study is not then completed, whatever

information from it is then available)" after "the Veterans' Health

Care Amendments of 1983".

Subsec. (g)(3). Pub. L. 99-576, Sec. 204(b)(2), inserted at end

"Such report shall be prepared taking into consideration the

results of the study referred to in paragraph (2)(A) of this

subsection (or, if the study is not then completed, whatever

information from it is then available)."

Subsec. (g)(4). Pub. L. 99-576, Sec. 204(c), added par. (4).

Subsec. (h)(3)(A)(i). Pub. L. 99-576, Sec. 702(6), substituted

"December 3, 1985," for "the date of the enactment of this

section".

1985 - Subsec. (g)(1)(B). Pub. L. 99-166, Sec. 106, which

directed the substitution of "who request such counseling" for "who

requested counseling before such date", was executed by making the

substitution for the phrase "who requested such counseling before

such date" to reflect the probable intent of Congress.

Subsec. (h). Pub. L. 99-166, Sec. 105, added subsec. (h).

1983 - Subsec. (a). Pub. L. 98-160, Sec. 101(a), struck out "if

such veteran requests such counseling within two years after the

date of such veteran's discharge or release from active duty, or by

September 30, 1984, whichever is later" after "to assist such

veteran in readjusting to civilian life".

Subsec. (g)(1). Pub. L. 98-160, Sec. 101(b)(1), substituted

"September 30, 1988" for "September 30, 1984" in provisions

preceding subpar. (A).

Subsec. (g)(1)(A). Pub. L. 98-160, Sec. 101(b)(1), substituted

"October 1, 1988" for "October 1, 1984".

Subsec. (g)(2). Pub. L. 98-160, Sec. 101(b)(2), amended par. (2)

generally, designating existing provisions as subpar. (A),

substituting "Not later than April 1, 1987, the Administrator shall

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

House of Representatives a report on the Administrator's evaluation

of the effectiveness in helping to meet the readjustment needs of

veterans who served on active duty during the Vietnam era of the

readjustment counseling and mental health services provided

pursuant to this section (and of outreach efforts with respect to

such counseling and services). Such report shall give particular

attention, in light of the results of the study required by section

102 of the Veterans' Health Care Amendments of 1983, to the

provision of such counseling and services to veterans with

post-traumatic stress disorder and to the diagnosis and treatment

of such disorder" for "Not later than April 1, 1984, the

Administrator shall submit to the Committees on Veterans' Affairs

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

plans made and actions taken to carry out this subsection", and

adding subpar. (B).

Subsec. (g)(3). Pub. L. 98-160, Sec. 101(b)(2), added par. (3).

1981 - Subsec. (a). Pub. L. 97-72, Sec. 104(a)(1), substituted

"or by September 30, 1984" for "or two years after the effective

date of this section".

Subsec. (g). Pub. L. 97-72, Sec. 104(b), added subsec. (g).

1979 - Subsec. (d). Pub. L. 96-128 substituted "title)" for

"title),".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 19011(d)(4) of Pub. L. 99-272 applicable to

hospital care, nursing home care, and medical services furnished on

or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set

out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 104(a)(2) of Pub. L. 97-72 provided that: "The amendment

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

of October 1, 1981."

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section

601(b) of Pub. L. 96-128, set out as a note under section 1114 of

this title.

EFFECTIVE DATE

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.

STUDY OF POST-TRAUMATIC STRESS DISORDER IN VIETNAM VETERANS

Pub. L. 106-419, title II, Sec. 212, Nov. 1, 2000, 114 Stat.

1843, provided that:

"(a) Study on Post-Traumatic Stress Disorder. - Not later than 10

months after the date of the enactment of this Act [Nov. 1, 2000],

the Secretary of Veterans Affairs shall enter into a contract with

an appropriate entity to carry out a study on post-traumatic stress

disorder.

"(b) Follow-Up Study. - The contract under subsection (a) shall

provide for a follow-up study to the study conducted in accordance

with section 102 of the Veterans Health Care Amendments of 1983

(Public Law 98-160) [set out as a note below]. Such follow-up study

shall use the data base and sample of the previous study.

"(c) Information To Be Included. - The study conducted pursuant

to this section shall be designed to yield information on -

"(1) the long-term course of post-traumatic stress disorder;

"(2) any long-term medical consequences of post-traumatic

stress disorder;

"(3) whether particular subgroups of veterans are at greater

risk of chronic or more severe problems with such disorder; and

"(4) the services used by veterans who have post-traumatic

stress disorder and the effect of those services on the course of

the disorder.

"(d) Report. - The Secretary shall submit to the Committees on

Veterans' Affairs of the Senate and House of Representatives a

report on the results of the study under this section. The report

shall be submitted no later than October 1, 2004."

SPECIALIZED MENTAL HEALTH SERVICES

Pub. L. 106-117, title I, Sec. 116, Nov. 30, 1999, 113 Stat.

1559, provided that:

"(a) Improvement to Specialized Mental Health Services. - The

Secretary [of Veterans Affairs], in furtherance of the

responsibilities of the Secretary under section 1706(b) of title

38, United States Code, shall carry out a program to expand and

improve the provision of specialized mental health services to

veterans. The Secretary shall establish the program in consultation

with the Committee on Care of Severely Chronically Mentally Ill

Veterans established pursuant to section 7321 of title 38, United

States Code.

"(b) Covered Programs. - For purposes of this section, the term

'specialized mental health services' includes programs relating to

-

"(1) the treatment of post-traumatic stress disorder; and

"(2) substance use disorders.

"(c) Funding. - (1) In carrying out the program described in

subsection (a), the Secretary shall identify, from funds available

to the Department [of Veterans Affairs] for medical care, an amount

of not less than $15,000,000 to be available to carry out the

program and to be allocated to facilities of the Department

pursuant to subsection (d).

"(2) In identifying available amounts pursuant to paragraph (1),

the Secretary shall ensure that, after the allocation of those

funds under subsection (d), the total expenditure for programs

relating to (A) the treatment of post-traumatic stress disorder,

and (B) substance use disorders is not less than $15,000,000 in

excess of the baseline amount.

"(3) For purposes of paragraph (2), the baseline amount is the

amount of the total expenditures on such programs for the most

recent fiscal year for which final expenditure amounts are known,

adjusted to reflect any subsequent increase in applicable costs to

deliver such services in the Veterans Health Administration, as

determined by the Committee on Care of Severely Chronically

Mentally Ill Veterans.

"(d) Allocation of Funds to Department Facilities. - The

Secretary shall allocate funds identified pursuant to subsection

(c)(1) to individual medical facilities of the Department as the

Secretary determines appropriate based upon proposals submitted by

those facilities for the use of those funds for improvements to

specialized mental health services.

"(e) Report. - Not later than 12 months after the date of the

enactment of this Act [Nov. 30, 1999], the Secretary shall submit

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

Representatives a report describing the implementation of this

section. The Secretary shall include in the report information on

the allocation of funds to facilities of the Department under the

program and a description of the improvements made with those funds

to specialized mental health services for veterans."

MARRIAGE AND FAMILY COUNSELING FOR PERSIAN GULF WAR VETERANS

Section 121 of Pub. L. 102-405 provided that:

"(a) Requirement. - Subject to the availability of funds

appropriated pursuant to the authorization in subsection (g), the

Secretary shall conduct a program to furnish to the persons

referred to in subsection (b) the marriage and family counseling

services referred to in subsection (c). The authority to conduct

the program shall expire on September 30, 1994.

"(b) Persons Eligible for Counseling. - The persons eligible to

receive marriage and family counseling services under the program

are -

"(1) veterans who were awarded a campaign medal for active-duty

service during the Persian Gulf War and the spouses and children

of such veterans; and

"(2) veterans who are or were members of the reserve components

who were called or ordered to active duty during the Persian Gulf

War and the spouses and children of such members.

"(c) Counseling Services. - Under the program, the Secretary may

provide marriage and family counseling that the Secretary

determines, based on an assessment by a mental-health professional

employed by the Department and designated by the Secretary (or, in

an area where no such professional is available, a mental-health

professional designated by the Secretary and performing services

under a contract or fee arrangement with the Secretary), is

necessary for the amelioration of psychological, marital, or

familial difficulties that result from the active duty service

referred to in subsection (b)(1) or (2).

"(d) Manner of Furnishing Services. - (1) Marriage and family

counseling services shall be furnished under the program -

"(A) by personnel of the Department of Veterans Affairs who are

qualified to provide such counseling services;

"(B) by appropriately certified marriage and family counselors

employed by the Department; and

"(C) by qualified mental health professionals pursuant to

contracts with the Department, when Department facilities are not

capable of furnishing economical medical services because of

geographical inaccessibility or are not capable of furnishing the

services required.

"(2) The Secretary shall establish the qualifications required of

personnel under subparagraphs (A) and (C) of paragraph (1) and

shall prescribe the training, experience, and certification

required of appropriately certified marriage and family counselors

under subparagraph (B) of such paragraph.

"(3) The Secretary may employ licensed or certified marriage and

family counselors to provide counseling under paragraph (1)(B) and

may classify the positions in which they are employed at levels

determined appropriate by the Secretary, taking into consideration

the training, experience, and licensure or certification required

of such counselors.

"(e) Contract Counseling Services. - (1) Subject to paragraphs

(2) and (4), a mental health professional referred to in subsection

(d)(1)(C) may furnish marriage and family counseling services to a

person under the program as follows:

"(A) For a period of not more than 15 days beginning on the

date of the commencement of the furnishing of such services to

the person.

"(B) For a 90-day period beginning on such date if -

"(i) the mental health professional submits to the Secretary

a treatment plan with respect to the person not later than 15

days after such date; and

"(ii) the treatment plan and the assessment made under

subsection (c) are approved by an appropriate mental health

professional of the Department designated for that purpose by

the Under Secretary for Health.

"(C) For an additional 90-day period beginning on the date of

the expiration of the 90-day period referred to in subparagraph

(B) (or any subsequent 90-day period) if -

"(i) not more than 30 days before the expiration of the

90-day period referred to in subparagraph (B) (or any

subsequent 90-day period), the mental health professional

submits to the Secretary a revised treatment plan containing a

justification of the need of the person for additional

counseling services; and

"(ii) the plan is approved in accordance with the provisions

of subparagraph (B)(ii).

"(2)(A) A mental health professional referred to in paragraph (1)

who assesses the need of any person for services for the purposes

of subsection (c) may not furnish counseling services to that

person.

"(B) The Secretary may waive the prohibition referred to in

subparagraph (A) for locations (as determined by the Secretary) in

which the Secretary is unable to obtain the assessment referred to

in that subparagraph from a mental health professional other than

the mental health professional with whom the Secretary enters into

contracts under subsection (d)(1)(C) for the furnishing of

counseling services.

"(3) The Secretary shall reimburse mental health professionals

for the reasonable cost (as determined by the Secretary) of

furnishing counseling services under paragraph (1). In the event of

the disapproval of a treatment plan of a person submitted by a

mental health professional under paragraph (1)(B)(i), the Secretary

shall reimburse the mental health professional for the reasonable

cost (as so determined) of furnishing counseling services to the

person for the period beginning on the date of the commencement of

such services and ending on the date of the disapproval.

"(4) The Secretary may authorize the furnishing of counseling in

an individual case for a period shorter than the 90-day period

specified in subparagraph (B) or (C) of paragraph (1) and, upon

further consideration, extend the shorter period to the full 90

days.

"(5)(A) For the purposes of this subsection, the term 'treatment

plan', with respect to a person entitled to counseling services

under the program, must include -

"(i) an assessment by the mental health professional submitting

the plan of the counseling needs of the person described in the

plan on the date of the submittal of the plan; and

"(ii) a description of the counseling services to be furnished

to the person by the mental health professional during the 90-day

period covered by the plan, including the number of counseling

sessions proposed as part of such services.

"(B) The Secretary shall prescribe an appropriate form for the

treatment plan.

"(f) Cost Recovery. - For the purposes of section 1729 of title

38, United States Code, marriage and family counseling services

furnished under the program shall be deemed to be care and services

furnished by the Department under chapter 17 of such title, and the

United States shall be entitled to recover or collect the

reasonable cost of such services in accordance with that section.

"(g) Authorization of Appropriations. - There is authorized to be

appropriated $10,000,000 for each of fiscal years 1993 and 1994 to

carry out this section.

"(h) Report. - Not later than July 1, 1994, the Secretary shall

submit to Congress a report on the program conducted pursuant to

this section. The report shall contain information regarding the

persons furnished counseling services under the program, including

-

"(1) the number of such persons, stated as a total number and

separately for each eligibility status referred to in subsection

(b);

"(2) the age and gender of such persons;

"(3) the manner in which such persons were furnished such

services under the program; and

"(4) the number of counseling sessions furnished to such

persons.

"(i) Definitions. - For the purposes of this section, the terms

'veteran', 'child', 'active duty', 'reserve component', 'spouse',

and 'Persian Gulf War' have the meanings given such terms in

paragraphs 101(2), (4), (21), (27), (31), and (33) of section 101

of title 38, United States Code, respectively."

POST-TRAUMATIC STRESS DISORDER PROGRAM PLANNING

Section 123 of Pub. L. 102-405 provided that:

"(a) Plan. - The Secretary shall develop a plan -

"(1) to ensure, to the maximum extent practicable, that

veterans suffering from post-traumatic stress disorder related to

active duty are provided appropriate treatment and rehabilitative

services for that condition in a timely manner;

"(2) to expand and improve the services available for veterans

suffering from post-traumatic stress disorder related to active

duty;

"(3) to eliminate waiting lists for inpatient treatment and

other modes of treatment for post-traumatic stress disorder;

"(4) to enhance outreach activities carried out to inform

combat-area veterans of the availability of treatment for

post-traumatic stress disorder; and

"(5) to ensure, to the extent practicable, that there are

Department post-traumatic stress disorder treatment units in

locations that are readily accessible to veterans residing in

rural areas of the United States.

"(b) Considerations. - In developing the plan referred to in

subsection (a), the Secretary shall consider -

"(1) the numbers of veterans suffering from post-traumatic

stress disorder related to active duty, as indicated by relevant

studies, scientific and clinical reports, and other pertinent

information;

"(2) the numbers of veterans who would likely seek

post-traumatic stress disorder treatment from the Department if

waiting times for treatment were eliminated and outreach

activities to combat-area veterans with post-traumatic stress

disorder were enhanced;

"(3) the current and projected capacity of the Department to

provide appropriate treatment and rehabilitative services for

post-traumatic stress disorder;

"(4) the level and geographic accessibility of inpatient and

outpatient care available through the Department for veterans

suffering from post-traumatic stress disorder across the United

States;

"(5) the desirability of providing that inpatient and

outpatient post-traumatic stress disorder care be furnished in

facilities of the Department that are physically independent of

general psychiatric wards of the medical facilities of the

Department;

"(6) the treatment needs of veterans suffering from

post-traumatic stress disorder who are women, of such veterans

who are ethnic minorities (including Native Americans, Native

Hawaiians, Asian-Pacific Islanders, and Native Alaskans), and of

such veterans who suffer from substance abuse problems in

addition to post-traumatic stress disorder; and

"(7) the recommendations of the Special Committee on

Post-Traumatic-Stress Disorder with respect to (A) specialized

inpatient and outpatient programs of the Department for the

treatment of post-traumatic stress disorder, and (B) with respect

to the establishment of educational programs that are designed

for each of the various levels of education, training, and

experience of the various mental health professionals involved in

the treatment of veterans suffering from post-traumatic stress

disorder.

"(c) Report. - Not later than six months after the date of the

enactment of this Act [Oct. 9, 1992], the Secretary shall submit to

the Committees on Veterans' Affairs of the Senate and House of

Representatives a report on the plan developed pursuant to

subsection (a). The report shall include specific information

relating to the consideration given to the matters described in

subsection (b).

"(d) Definitions. - For the purposes of this section:

"(1) The term 'active duty' has the meaning given that term in

section 101(21) of title 38, United States Code.

"(2) The term 'veteran' has the meaning given that term in

section 101(2) of such title.

"(3) The term 'combat-area veteran' means a veteran who served

on active duty in an area at a time during which hostilities (as

defined in section 1712A(a)(2)(B) of such title) occurred in such

area."

UPDATES OF REPORTS ON POST-TRAUMATIC STRESS DISORDER

Section 122(b) of Pub. L. 102-405 directed Special Committee on

Post-Traumatic-Stress Disorder, not later than Oct. 1, 1992, and

Oct. 1, 1993, to concurrently submit to Secretary and Committees on

Veterans' Affairs of Senate and House of Representatives a report

containing information updating the reports submitted to the

Secretary under section 110(e) of the Veterans' Health Care Act of

1984, together with any additional information the Special

Committee considers appropriate regarding the overall efforts of

the Department of Veterans Affairs to meet the needs of veterans

with post-traumatic stress disorder and other psychological

problems in readjusting to civilian life, and directed Secretary,

not later than 90 days after receiving each of the reports to

submit to the committees any comments concerning the report that

the Secretary considered appropriate. Similar provisions were

contained in Pub. L. 101-237, title II, Sec. 201(e), Dec. 18, 1989,

103 Stat. 2066, as amended by Pub. L. 101-366, title II, Sec. 204,

Aug. 15, 1990, 104 Stat. 439.

AUTHORIZATION FOR RELOCATION OF CERTAIN FACILITIES

Section 1501(b) of Pub. L. 100-687 related to relocation of 17

Veterans' Administration Readjustment Counseling Service Vet

Centers from their locations away from general Veterans'

Administration health-care facilities to other such locations.

PROHIBITION OF DELEGATION OF DUTIES

Section 107(f) of Pub. L. 100-322, as amended by Pub. L. 100-527,

Sec. 10(4), Oct. 25, 1988, 102 Stat. 2641; Pub. L. 102-40, Sec.

2(b), May 7, 1991, 105 Stat. 187; Pub. L. 102-83, Sec. 5(c)(2),

Aug. 6, 1991, 105 Stat. 406, provided that: "The Chief Medical

Director [now Under Secretary for Health] of the Department of

Veterans Affairs may not delegate the function of making

recommendations under section 1712A(g)(3)(A) [formerly

612A(g)(3)(A)] of title 38, United States Code, as amended by

subsection (c)."

POST-TRAUMATIC-STRESS DISORDER; DIAGNOSIS AND TREATMENT; EDUCATION

AND TRAINING OF HEALTH-CARE PERSONNEL; COORDINATION WITH

READJUSTMENT COUNSELING; SPECIAL COMMITTEE; NATIONAL CENTER;

COMPILATION AND PUBLICATION OF RESEARCH RESULTS; REPORTS TO

CONGRESSIONAL COMMITTEES

Pub. L. 98-528, title I, Sec. 110, Oct. 19, 1984, 98 Stat. 2691,

as amended by Pub. L. 106-117, title II, Sec. 206, Nov. 30, 1999,

113 Stat. 1563, provided that:

"(a)(1) The Under Secretary for Health of the Department of

Veterans Affairs may designate special programs within the Veterans

Health Administration for the diagnosis and treatment of

post-traumatic-stress disorder (hereinafter in this section

referred to as 'PTSD').

"(2) The Under Secretary for Health shall direct (A) that (in

addition to providing diagnostic and treatment services for PTSD)

Department programs designated under paragraph (1) (hereinafter in

this section referred to as 'designated PTSD programs') carry out

activities to promote the education and training of health-care

personnel (including health-care personnel not working for the

Department or the Federal Government) in the causes, diagnosis, and

treatment of PTSD, and (B) that (when appropriate) the provision of

treatment services under such program be coordinated with the

provision of readjustment counseling services under section 1712A

of title 38, United States Code.

"(b)(1) The Under Secretary for Health shall establish in the

Veterans Health Administration a Special Committee on

Post-Traumatic-Stress Disorder (hereinafter in this section

referred to as the 'Special Committee'). The Under Secretary for

Health shall appoint qualified employees of the Veterans Health

Administration to serve on the Special Committee.

"(2) The Special Committee shall assess, and carry out a

continuing assessment of, the capacity of the Department to provide

diagnostic and treatment services for PTSD to veterans eligible for

health care furnished by the Department.

"(3) The Special Committee shall also advise the Under Secretary

for Health regarding the development of policies, the provision of

guidance, and the coordination of services for the diagnosis and

treatment of PTSD (A) in designated PTSD programs, (B) in inpatient

psychiatric programs and outpatient mental health programs other

than designated PTSD programs, and (C) in readjustment counseling

programs of the Department.

"(4) The Special Committee shall also make recommendations to the

Under Secretary for Health for guidance with respect to PTSD

regarding -

"(A) appropriate diagnostic and treatment methods;

"(B) referral for and coordination of followup care;

"(C) the evaluation of PTSD treatment programs;

"(D) the conduct of research concerning such diagnosis and

treatment (taking into account the provisions of subsection (c));

"(E) special programs of education and training for employees

of the Veterans Health Administration and the Veterans Benefits

Administration (also taking into account such provisions);

"(F) the appropriate allocation of resources for all such

activities; and

"(G) any specific steps that should be taken to improve such

diagnosis and treatment and to correct any deficiencies in the

operations of designated PTSD programs.

"(c) The Under Secretary for Health shall establish and operate

in the Veterans Health Administration a National Center on

Post-Traumatic-Stress Disorder. The National Center (1) shall carry

out and promote the training of health care and related personnel

in, and research into, the causes and diagnosis of PTSD and the

treatment of veterans for PTSD, and (2) shall serve as a resource

center for, and promote and seek to coordinate the exchange of

information regarding, all research and training activities carried

out by the Department, and by other Federal and non-Federal

entities, with respect to PTSD.

"(d) The Under Secretary for Health shall regularly compile and

publish the results of research that has been conducted relating to

PTSD.

"(e)(1) Not later than March 1, 2000, the Secretary shall submit

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

Representatives a report on the implementation of this section. The

report shall include the following:

"(A) A list of the members of the Special Committee.

"(B) A list of all designated PTSD programs and other programs

providing treatment for PTSD, together with a description of the

resources that have been allocated for the development and

operation of each such program, a description of the education

and training that has been provided for Department health-care

personnel in such programs and elsewhere within the Department in

the diagnosis and treatment of PTSD, and specification of the

funding that has been allocated to each such program and

elsewhere within the Department to support research relating to

PTSD.

"(C) The assessment of the Under Secretary for Health of the

Department, after consultation with the Special Committee,

regarding the capability of the Department to meet the needs for

inpatient and outpatient PTSD diagnosis and treatment (both

through designated PTSD programs and otherwise) of veterans who

served in the Republic of Vietnam during the Vietnam era, former

prisoners of war, and other veterans eligible for health care

from the Department and the efficacy of the treatment so

provided, as well as a description of the results of any

evaluations that have been made of PTSD treatment programs.

"(D) The plans of the Special Committee for further assessments

of the capability of the Department to diagnose and treat

veterans with PTSD.

"(E) The recommendations made by the Special Committee to the

Under Secretary for Health and the views of the Under Secretary

for Health on such recommendations.

"(F) A summary of the results of research conducted by the

Department relating to PTSD.

"(G) A description of the steps taken, plans made (and a

timetable for their execution), and resources to be applied to

implement subsections (b) and (c).

"(H) The assessment of the Administrator [now Secretary] of the

capacity of the Department to meet in all geographic areas of the

United States the needs described in subparagraph (C) and any

plans and timetable for increasing that capacity (including the

costs of such action).

"(2) Not later than February 1, 2001, and February 1 of each of

the three following years, the Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and House of

Representatives a report containing information updating the

reports submitted under this subsection since the enactment of the

Veterans' Millennium Health Care and Benefits Act [Nov. 30, 1999]."

STUDY OF POST-TRAUMATIC STRESS DISORDER AND OTHER POST-WAR

PSYCHOLOGICAL PROBLEMS

Section 102 of Pub. L. 98-160, as amended by Pub. L. 99-576,

title II, Sec. 216, Oct. 28, 1986, 100 Stat. 3259, directed

Administrator of Veterans' Affairs to provide for the conducting of

a comprehensive study of prevalence and incidence in population of

Vietnam veterans of post-traumatic stress disorder and other

psychological problems of readjusting to civilian life and effects

of such problems on such veterans and directed Administrator to

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

Representatives not later than Oct. 1, 1986, a report on results of

study.

READJUSTMENT COUNSELING AND RELATED MENTAL HEALTH SERVICES FOR

VETERANS OF WAR DECLARED AFTER JUNE 13, 1979

Section 103(b) of Pub. L. 96-22, as amended by Pub. L. 102-83,

Secs. 5(c)(2), 6(d), Aug. 6, 1991, 105 Stat. 406, 407, provided

that: "In the event of a declaration of war by the Congress after

June 13, 1979, the Secretary of Veterans Affairs, not later than

six months after the date of such declaration, shall determine and

recommend to the Congress whether eligibility for the readjustment

counseling and related mental health services provided for in

section 1712A [formerly 612A] of title 38, United States Code (as

added by subsection (a) of this section) should be extended to the

veterans of such war."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1703, 1710, 4102A, 4214,

7306 of this title; title 29 section 2913.

-End-

-CITE-

38 USC Sec. 1712B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1712B. Counseling for former prisoners of war

-STATUTE-

The Secretary may establish a program under which, upon the

request of a veteran who is a former prisoner of war, the

Secretary, within the limits of Department facilities, furnishes

counseling to such veteran to assist such veteran in overcoming the

psychological effects of the veteran's detention or internment as a

prisoner of war.

-SOURCE-

(Added Pub. L. 99-166, title I, Sec. 107(a), Dec. 3, 1985, 99 Stat.

945, Sec. 612B; renumbered Sec. 1712B 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 612B 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".

-End-

-CITE-

38 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

[Sec. 1713. Renumbered Sec. 1781]

-STATUTE-

-MISC1-

PRIOR PROVISIONS

A prior section 1713 was renumbered section 3513 of this title.

-End-

-CITE-

38 USC Sec. 1714 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1714. Fitting and training in use of prosthetic appliances;

guide dogs; service dogs

-STATUTE-

(a) Any veteran who is entitled to a prosthetic appliance shall

be furnished such fitting and training, including institutional

training, in the use of such appliance as may be necessary, whether

in a Department facility or other training institution, or by

outpatient treatment, including such service under contract, and

including travel and incidental expenses (under the terms and

conditions set forth in section 111 of this title) to and from such

veteran's home to such hospital or training institution.

(b) The Secretary may provide guide dogs trained for the aid of

the blind to veterans who are enrolled under section 1705 of this

title. The Secretary may also provide such veterans with mechanical

or electronic equipment for aiding them in overcoming the

disability of blindness.

(c) The Secretary may, in accordance with the priority specified

in section 1705 of this title, provide -

(1) service dogs trained for the aid of the hearing impaired to

veterans who are hearing impaired and are enrolled under section

1705 of this title; and

(2) service dogs trained for the aid of persons with spinal

cord injury or dysfunction or other chronic impairment that

substantially limits mobility to veterans with such injury,

dysfunction, or impairment who are enrolled under section 1705 of

this title.

(d) In the case of a veteran provided a dog under subsection (b)

or (c), the Secretary may pay travel and incidental expenses for

that veteran under the terms and conditions set forth in section

111 of this title to and from the veteran's home for expenses

incurred in becoming adjusted to the dog.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 614; Pub. L.

93-82, title I, Sec. 103(b), Aug. 2, 1973, 87 Stat. 181; Pub. L.

94-581, title II, Sec. 210(a)(5), Oct. 21, 1976, 90 Stat. 2862;

Pub. L. 96-151, title II, Sec. 201(c), Dec. 20, 1979, 93 Stat.

1093; renumbered Sec. 1714 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. 107-135, title II, Sec. 201(a), (b)(1), Jan. 23,

2002, 115 Stat. 2456, 2457.)

-MISC1-

PRIOR PROVISIONS

Prior section 1714 was renumbered section 3514 of this title.

Provisions similar to those comprising subsec. (a) of this

section were classified to section 613 of this title prior to

repeal by section 103(b) of Pub. L. 93-82.

AMENDMENTS

2002 - Pub. L. 107-135, Sec. 201(b)(1), substituted "guide dogs;

service dogs" for "seeing-eye dogs" in section catchline.

Subsec. (b). Pub. L. 107-135, Sec. 201(a)(1), struck out

"seeing-eye or" after "may provide", substituted "who are enrolled

under section 1705 of this title" for "who are entitled to

disability compensation, and may pay travel and incidental expenses

(under the terms and conditions set forth in section 111 of this

title) to and from their homes and incurred in becoming adjusted to

such seeing-eye or guide dogs", and substituted "disability" for

"handicap".

Subsecs. (c), (d). Pub. L. 107-135, Sec. 201(a)(2), added

subsecs. (c) and (d).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 614 of this

title as this section.

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

"Department" for "Veterans' Administration".

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

"Secretary" for "Administrator" in two places.

1979 - Subsec. (a). Pub. L. 96-151, Sec. 201(c)(1), substituted

provisions respecting travel and incidental expenses for provisions

respecting necessary travel expenses.

Subsec. (b). Pub. L. 96-151, Sec. 201(c)(2), substituted

provisions respecting travel and incidental expenses for provisions

respecting all necessary travel expenses.

1976 - Subsec. (a). Pub. L. 94-581, Sec. 210(a)(5)(A),

substituted "such veteran's home" for "his home".

Subsec. (b). Pub. L. 94-581, Sec. 210(a)(5)(B), substituted "and

may pay" for "and he may pay".

1973 - Pub. L. 93-82 designated existing provisions as subsec.

(b) and added subsec. (a).

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 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. 1715 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1715. Tobacco for hospitalized veterans

-STATUTE-

The Secretary may furnish tobacco to veterans receiving hospital

or domiciliary care.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 615; renumbered

Sec. 1715 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, Sec. 5(a), renumbered section 615 of this

title as this section.

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

"Administrator".

USE OF TOBACCO PRODUCTS IN DEPARTMENT OF VETERANS AFFAIRS

FACILITIES

Pub. L. 102-585, title V, Sec. 526, Nov. 4, 1992, 106 Stat. 4961,

provided that:

"(a) In General. - The Secretary of Veterans Affairs shall take

appropriate actions to ensure that, consistent with medical

requirements and limitations, each facility of the Department

described in subsection (b) -

"(1) establishes and maintains -

"(A) a suitable indoor area in which patients or residents

may smoke and which is ventilated in a manner that, to the

maximum extent feasible, prevents smoke from entering other

areas of the facility; or

"(B) an area in a building that -

"(i) is detached from the facility;

"(ii) is accessible to patients or residents of the

facility; and

"(iii) has appropriate heating and air conditioning; and

"(2) provides access to an area established and maintained

under paragraph (1), consistent with medical requirements and

limitations, for patients or residents of the facility who are

receiving care or services and who desire to smoke tobacco

products.

"(b) Covered Facilities. - A Department facility referred to in

subsection (a) is any Department of Veterans Affairs medical

center, nursing home, or domiciliary care facility.

"(c) Reports. - (1) Not later than 180 days after the date of the

enactment of this Act [Nov. 4, 1992], the Comptroller General shall

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

House of Representatives a report on the feasibility of the

establishment and maintenance of areas for smoking in Department

facilities under this section. The report shall include information

on -

"(A) the cost of, and a proposed schedule for, the

establishment of such an area at each Department facility covered

by this section;

"(B) the extent to which the ventilating system of each

facility is adequate to ensure that use of the area for smoking

does not result in health problems for other patients or

residents of the facility; and

"(C) the effect of the establishment and maintenance of an area

for smoking in each facility on the accreditation score issued

for the facility by the Joint Commission on the Accreditation of

Health Organizations.

"(2) Not later than 120 days after the effective date of this

section, the Secretary shall submit to the committees referred to

in paragraph (1) a report on the implementation of this section.

The report shall include a description of the actions taken at each

covered facility to ensure compliance with this section.

"(d) Effective Date. - The requirement to establish and maintain

areas for smoking under subsection (a) shall take effect 60 days

after the date on which the Comptroller General submits to the

committees referred to in subsection (c)(1) that report required

under that subsection."

-End-

-CITE-

38 USC Sec. 1716 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1716. Hospital care by other agencies of the United States

-STATUTE-

When so specified in an appropriation or other Act, the Secretary

may make allotments and transfers to the Departments of Health and

Human Services (Public Health Service), the Army, Navy, Air Force,

or Interior, for disbursement by them under the various headings of

their appropriations, of such amounts as are necessary for the care

and treatment of veterans entitled to hospitalization from the

Department under this chapter. The amounts to be charged the

Department for care and treatment of veterans in hospitals shall be

calculated on the basis of a per diem rate approved by the Office

of Management and Budget.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 616; Pub. L.

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

L. 97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered

Sec. 1716 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 616 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" in two places.

1982 - Pub. L. 97-295 substituted "Health and Human Services" for

"Health, Education, and Welfare".

1976 - Pub. L. 94-581 substituted "Office of Management and

Budget" for "Bureau of the Budget".

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. 1717 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1717. Home health services; invalid lifts and other devices

-STATUTE-

(a)(1) As part of medical services furnished to a veteran under

section 1710(a) of this title, the Secretary may furnish such home

health services as the Secretary finds to be necessary or

appropriate for the effective and economical treatment of the

veteran.

(2) Improvements and structural alterations may be furnished as

part of such home health services only as necessary to assure the

continuation of treatment for the veteran's disability or to

provide access to the home or to essential lavatory and sanitary

facilities. The cost of such improvements and structural

alterations (or the amount of reimbursement therefor) under this

subsection may not exceed -

(A) $4,100 in the case of medical services furnished under

section 1710(a)(1) of this title, or for a disability described

in section 1710(a)(2)(C) of this title; or

(B) $1,200 in the case of medical services furnished under any

other provision of section 1710(a) of this title.

(3) The Secretary may furnish home health services to a veteran

in any setting in which the veteran is residing. The Secretary may

not furnish such services in such a manner as to relieve any other

person or entity of a contractual obligation to furnish services to

the veteran. When home health services are furnished in a setting

other than the veteran's home, such services may not include any

structural improvement or alteration.

(b) The Secretary may furnish an invalid lift, or any type of

therapeutic or rehabilitative device, as well as other medical

equipment and supplies (excluding medicines), if medically

indicated, to any veteran who is receiving (1) compensation under

section 1114(l)-(p) of this title (or the comparable rates provided

pursuant to section 1134 of this title), or (2) pension under

chapter 15 of this title by reason of being in need of regular aid

and attendance.

(c) The Secretary may furnish devices for assisting in overcoming

the handicap of deafness (including telecaptioning television

decoders) to any veteran who is profoundly deaf and is entitled to

compensation on account of hearing impairment.

-SOURCE-

(Added Pub. L. 86-211, Sec. 5, Aug. 29, 1959, 73 Stat. 435, Sec.

617; amended Pub. L. 88-450, Sec. 6(a), (c), Aug. 19, 1964, 78

Stat. 504; Pub. L. 90-77, title I, Sec. 109, Aug. 31, 1967, 81

Stat. 180; Pub. L. 90-493, Sec. 3(a), Aug. 19, 1968, 82 Stat. 809;

Pub. L. 97-295, Sec. 4(18), Oct. 12, 1982, 96 Stat. 1306; Pub. L.

98-528, title I, Sec. 107, Oct. 19, 1984, 98 Stat. 2690; Pub. L.

99-576, title II, Sec. 202(2), Oct. 28, 1986, 100 Stat. 3254; Pub.

L. 100-322, title I, Sec. 101(d), May 20, 1988, 102 Stat. 491;

renumbered Sec. 1717 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.

102-405, title I, Sec. 101(a), Oct. 9, 1992, 106 Stat. 1973; Pub.

L. 104-262, title I, Sec. 101(d)(6), Oct. 9, 1996, 110 Stat. 3180;

Pub. L. 105-114, title IV, Sec. 402(b), Nov. 21, 1997, 111 Stat.

2294.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-114, Sec. 402(b)(1),

substituted "treatment of the veteran" for "treatment of the

veteran's disability".

Subsec. (a)(2)(B). Pub. L. 105-114, Sec. 402(b)(2), substituted

"section 1710(a)" for "section 1710(a)(2)".

1996 - Subsec. (a)(1). Pub. L. 104-262, Sec. 101(d)(6)(A),

substituted "section 1710(a)" for "section 1712(a)".

Subsec. (a)(2)(A). Pub. L. 104-262, Sec. 101(d)(6)(B)(i),

substituted "section 1710(a)(1) of this title, or for a disability

described in section 1710(a)(2)(C) of this title" for "paragraph

(1) of section 1712(a) of this title".

Subsec. (a)(2)(B). Pub. L. 104-262, Sec. 101(d)(6)(B)(ii),

substituted "section 1710(a)(2)" for "section 1712".

1992 - Subsec. (a)(2). Pub. L. 102-405 substituted "$4,100" for

"$2,500" in subpar. (A) and "$1,200" for "$600" in subpar. (B).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 617 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(a)"

for "612(a)" in pars. (1) and (2)(A) and "1712" for "612" in par.

(2)(B).

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

"Administrator" wherever appearing in pars. (1) and (3).

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

"1114(l)-(p)" for "314(l)-(p)" and "1134" for "334".

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

"Administrator".

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

"Secretary" for "Administrator".

1988 - Pub. L. 100-322, Sec. 101(d)(3), substituted "Home health

services; invalid" for "Invalid" in section catchline.

Subsec. (a). Pub. L. 100-322, Sec. 101(d)(1)(B), added subsec.

(a). Former subsec. (a) redesignated (b).

Subsec. (a)(3). Pub. L. 100-322, Sec. 101(d)(2), transferred

subsec. (k) of section 612 of this title to subsec. (a) of this

section and redesignated it as par. (3).

Subsecs. (b), (c). Pub. L. 100-322, Sec. 101(d)(1)(A),

redesignated subsecs. (a) and (b) as (b) and (c), respectively.

1986 - Subsec. (a)(3) [formerly Sec. 612(k)]. Pub. L. 99-576

added subsec. (k). See 1988 Amendment note above.

1984 - Pub. L. 98-528 designated existing provision as subsec.

(a) and added subsec. (b).

1982 - Pub. L. 97-295 substituted "section 314(l)-(p) of this

title (or the comparable rates provided pursuant to section 334 of

this title)" for "subsections 314(l)-(p) (or the comparable rates

provided pursuant to section 334) of this title".

1968 - Pub. L. 90-493 substituted "Invalid lifts and other

devices" for "Invalid lifts and other devices for pensioners" in

section catchline, and inserted provisions authorizing the

Administrator to furnish lifts and other devices to any veteran who

is receiving compensation under subsections 314(l)-(p) (or the

comparable rates provided pursuant to section 334) of this title.

1967 - Subsec. (b). Pub. L. 90-77 substituted "to any veteran in

receipt of pension under chapter 15 of this title based on need of

regular aid and attendance" for "to any veteran who is eligible to

receive an invalid lift under subsection (a) of this section, or

who would be so eligible, but for the fact that he has such a

lift".

1964 - Pub. L. 88-450 inserted "and other devices" in section

catchline, designated existing provisions of section as subsec.

(a), and added subsec. (b).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 101(b) of Pub. L. 102-405 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to a veteran who first applies for benefits under section

1717(a)(2) of title 38, United States Code, after December 31,

1989."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-322 applicable with respect to

furnishing of medical services to veterans who apply for such

services after June 30, 1988, see section 101(i) of Pub. L.

100-322, set out as a note under section 1703 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

EFFECTIVE DATE

Section effective July 1, 1960, see section 10 of Pub. L. 86-211,

set out as an Effective Date of 1959 Amendment note under section

1521 of this title.

APPLICABILITY OF INCREASE IN GRANT LIMITS

Section 101(c) of Pub. L. 102-405 provided that: "A veteran who

exhausts such veteran's eligibility for benefits under section

1717(a)(2) of title 38, United States Code, before January 1, 1990,

is not entitled to additional benefits under such section by reason

of the amendments made by subsection (a) [amending this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1710, 2104 of this title.

-End-

-CITE-

38 USC Sec. 1718 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1718. Therapeutic and rehabilitative activities

-STATUTE-

(a) In providing rehabilitative services under this chapter, the

Secretary, upon the recommendation of the Under Secretary for

Health, may use the services of patients and members in Department

health care facilities for therapeutic and rehabilitative purposes.

Such patients and members shall not under these circumstances be

held or considered as employees of the United States for any

purpose. The Secretary shall prescribe the conditions for the use

of such services.

(b)(1) In furnishing rehabilitative services under this chapter,

the Secretary, upon the recommendation of the Under Secretary for

Health, may enter into a contract or other arrangement with any

appropriate source (whether or not an element of the Department of

Veterans Affairs or of any other Federal entity) to provide for

therapeutic work for patients and members in Department health care

facilities.

(2) Notwithstanding any other provision of law, the Secretary may

also furnish rehabilitative services under this subsection through

contractual arrangements with nonprofit entities to provide for

such therapeutic work for such patients. The Secretary shall

establish appropriate fiscal, accounting, management,

recordkeeping, and reporting requirements with respect to the

activities of any such nonprofit entity in connection with such

contractual arrangements.

(c)(1) There is hereby established in the Treasury of the United

States a revolving fund known as the Department of Veterans Affairs

Special Therapeutic and Rehabilitation Activities Fund (hereinafter

in this section referred to as the "fund") for the purpose of

furnishing rehabilitative services authorized in subsection (b) of

this section. Such amounts of the fund as the Secretary may

determine to be necessary to establish and maintain operating

accounts for the various rehabilitative services activities may be

deposited in checking accounts in other depositaries selected or

established by the Secretary.

(2) All funds received by the Department under contractual

arrangements made under subsection (b) of this section, or by

nonprofit entities described in paragraph (2) of such subsection,

shall be deposited in or credited to the fund, and the Secretary

shall distribute out of the fund moneys to participants at rates

not less than the wage rates specified in the Fair Labor Standards

Act (29 U.S.C. 201 et seq.) and regulations prescribed thereunder

for work of similar character.

(3) The Under Secretary for Health shall prepare, for inclusion

in the annual report submitted to Congress under section 529 of

this title, a description of the scope and achievements of

activities carried out under this section (including pertinent data

regarding productivity and rates of distribution) during the prior

twelve months and an estimate of the needs of the program of

therapeutic and rehabilitation activities to be carried out under

this section for the ensuing fiscal year.

(d) In providing rehabilitative services under this chapter, the

Secretary shall take appropriate action to make it possible for the

patient to take maximum advantage of any benefits to which such

patient is entitled under chapter 31, 34, or 35 of this title, and,

if the patient is still receiving treatment of a prolonged nature

under this chapter, the provision of rehabilitative services under

this chapter shall be continued during, and coordinated with, the

pursuit of education and training under such chapter 31, 34, or 35.

(e) The Secretary shall prescribe regulations to ensure that the

priorities set forth in section 1705 of this title shall be

applied, insofar as practicable, to participation in therapeutic

and rehabilitation activities carried out under this section.

(f)(1) The Secretary may not consider any of the matters stated

in paragraph (2) as a basis for the denial or discontinuance of a

rating of total disability for purposes of compensation or pension

based on the veteran's inability to secure or follow a

substantially gainful occupation as a result of disability.

(2) Paragraph (1) applies to the following:

(A) A veteran's participation in an activity carried out under

this section.

(B) A veteran's receipt of a distribution as a result of

participation in an activity carried out under this section.

(C) A veteran's participation in a program of rehabilitative

services that (i) is provided as part of the veteran's care

furnished by a State home and (ii) is approved by the Secretary

as conforming appropriately to standards for activities carried

out under this section.

(D) A veteran's receipt of payment as a result of participation

in a program described in subparagraph (C).

(3) A distribution of funds made under this section and a payment

made to a veteran under a program of rehabilitative services

described in paragraph (2)(C) shall be considered for the purposes

of chapter 15 of this title to be a donation from a public or

private relief or welfare organization.

-SOURCE-

(Added Pub. L. 87-574, Sec. 2(1), Aug. 6, 1962, 76 Stat. 308, Sec.

618; amended Pub. L. 94-581, title I, Sec. 105(a), Oct. 21, 1976,

90 Stat. 2845; Pub. L. 98-543, title III, Sec. 303, Oct. 24, 1984,

98 Stat. 2748; Pub. L. 99-576, title II, Sec. 205, Oct. 28, 1986,

100 Stat. 3256; Pub. L. 102-54, Secs. 10, 14(b)(12), June 13, 1991,

105 Stat. 273, 284; renumbered Sec. 1718 and amended Pub. L.

102-83, Secs. 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 402, 404-406; Pub. L. 102-86, title V, Sec.

506(a)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102-405, title

III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585,

title IV, Sec. 401, Nov. 4, 1992, 106 Stat. 4953; Pub. L. 103-446,

title XII, Sec. 1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; Pub. L.

104-262, title I, Sec. 101(d)(7), Oct. 9, 1996, 110 Stat. 3180.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act, referred to in subsec. (c)(2),

probably means the Fair Labor Standards Act of 1938, act June 25,

1938, ch. 676, 52 Stat. 1060, as amended, which is classified

generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For

complete classification of this Act to the Code, see section 201 of

Title 29 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-262 substituted "section 1705"

for "section 1712(i)".

1994 - Subsec. (c)(1). Pub. L. 103-446 substituted "Department of

Veterans Affairs" for "Department".

1992 - Subsecs. (a), (b)(1), (c)(3). Pub. L. 102-405 substituted

"Under Secretary for Health" for "Chief Medical Director".

Subsec. (f). Pub. L. 102-585 amended subsec. (f) generally. Prior

to amendment, subsec. (f) read as follows:

"(1) Neither a veteran's participation in an activity carried out

under this section nor a veteran's receipt of a distribution as a

result of such participation may be considered as a basis for the

denial or discontinuance of a rating of total disability for

purposes of compensation or pension based on the veteran's

inability to secure or follow a substantially gainful occupation as

a result of disability.

"(2) A distribution of funds made under this section shall be

considered for purposes of chapter 15 of this title to be a

donation from a public or private relief or welfare organization."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 618 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.

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

"Veterans' Administration".

Subsec. (b)(1). 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. 102-54, Sec. 10(a), substituted "a contract or other

arrangement with any appropriate source (whether or not an element

of the Department of Veterans Affairs or of any other Federal

entity)" for "contractual arrangements with private industry or

other sources outside the Veterans' Administration".

Subsec. (b)(2). Pub. L. 102-86 amended subsec. (b)(2) of this

section as in effect before the redesignations made by Pub. L.

102-83, Sec. 5, by substituting "arrangements" for "arangements" in

first sentence.

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

"Administrator" in two places.

Subsec. (c)(1). 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".

Pub. L. 102-54, Sec. 10(b), substituted "furnishing

rehabilitative services authorized in" for "carrying out the

provisions of".

Subsec. (c)(2). 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. (c)(3). Pub. L. 102-83, Sec. 2(c)(3), substituted

"section 529" for "section 214".

Pub. L. 102-54, Sec. 14(b)(12), inserted "and" after

"productivity".

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

"Secretary" for "Administrator".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(i)"

for "612(i)".

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

"Administrator".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 205(1), substituted "may

use" for "may utilize", "purposes. Such" for "purposes, at nominal

remuneration, and such", and "use" for "utilization".

Subsec. (b)(1). Pub. L. 99-576, Sec. 205(2), struck out "for

remuneration" after "therapeutic work".

Subsec. (c)(2), (3). Pub. L. 99-576, Sec. 205(3), substituted

"distribute" for "pay" in par. (2), and substituted "rates of

distribution" for "and wage rates" in par. (3).

Subsec. (f). Pub. L. 99-576, Sec. 205(4), designated existing

provisions as par. (1), substituted "a distribution" for

"remuneration", and added par. (2).

1984 - Subsec. (f). Pub. L. 98-543 added subsec. (f).

1976 - Subsec. (a). Pub. L. 94-581, Sec. 105(a)(1), (2),

designated existing provisions as subsec. (a) and substituted "In

providing rehabilitative services under this chapter, the" for

"The" and "health care facilities" for "hospitals and

domiciliaries".

Subsecs. (b) to (e). Pub. L. 94-581, Sec. 105(a)(3), added

subsecs. (b) to (e).

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.

DEMONSTRATION PROGRAM OF COMPENSATED WORK THERAPY AND THERAPEUTIC

TRANSITIONAL HOUSING

Section 7 of Pub. L. 102-54, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.

501, Aug. 14, 1991, 105 Stat. 424; Pub. L. 103-452, title I, Sec.

103(f), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104-110, title I,

Sec. 102(b), Feb. 13, 1996, 110 Stat. 769, authorized Secretary of

Veterans' Affairs, between Oct. 1, 1991, and Dec. 31, 1997, to

carry out compensated work therapy and therapeutic transitional

housing demonstration program, prior to repeal by Pub. L. 105-114,

title II, Sec. 202(c)(1), Nov. 21, 1997, 111 Stat. 2287.

SETTLEMENT OF CLAIMS

Section 105(b) of Pub. L. 94-581, as amended by Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L. 102-83, Sec.

6(a), Aug. 6, 1991, 105 Stat. 407, provided that:

"(1) The Secretary of Veterans Affairs may settle claims made by

the Department of Veterans Affairs against any private nonprofit

corporation organized under the laws of any State, for the use of

facilities and personnel of the Department in work projects as a

part of a therapeutic or rehabilitation program for patients and

members in health care facilities of the Department, and to execute

a binding release of all claims by the United States against any

such corporation, in such amounts, and upon such terms and

conditions as the Secretary considers appropriate.

"(2) For the purposes of this subsection, notwithstanding section

3302 of title 31, or any other provision of law, the Secretary may

utilize any funds received under any settlement made pursuant to

paragraph (1) of this subsection for any purpose agreed upon by the

Secretary and such corporation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 1151, 2031, 2063 of

this title.

-End-

-CITE-

38 USC Sec. 1719 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1719. Repair or replacement of certain prosthetic and other

appliances

-STATUTE-

The Secretary may repair or replace any artificial limb, truss,

brace, hearing aid, spectacles, or similar appliance (not including

dental appliances) reasonably necessary to a veteran and belonging

to such veteran which was damaged or destroyed by a fall or other

accident caused by a service-connected disability for which such

veteran is in receipt of, or but for the receipt of retirement pay

would be entitled to, disability compensation.

-SOURCE-

(Added Pub. L. 87-850, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1126,

Sec. 619; amended Pub. L. 94-581, title II, Sec. 210(a)(6), Oct.

21, 1976, 90 Stat. 2862; renumbered Sec. 1719 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, Sec. 5(a), renumbered section 619 of this

title as this section.

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

"Administrator".

1976 - Pub. L. 94-581 substituted "belonging to such veteran" for

"belonging to 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 2 of Pub. L. 87-850 provided that: "The amendment made by

this Act [enacting this section] shall apply only with respect to

the repair or replacement of artificial limbs, trusses, braces,

hearing aids, spectacles, and similar devices damaged or destroyed

after the date of enactment of this Act [Oct. 23, 1962]."

-End-

-CITE-

38 USC Sec. 1720 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720. Transfers for nursing home care; adult day health care

-STATUTE-

(a)(1) Subject to subsection (b) of this section, the Secretary

may transfer to a non-Department nursing home, for care at the

expense of the United States -

(A) a veteran -

(i) who has been furnished care by the Secretary in a

facility under the direct jurisdiction of the Secretary; and

(ii) who the Secretary determines -

(I) requires a protracted period of nursing home care which

can be furnished in the non-Department nursing home; and

(II) in the case of a veteran who has been furnished

hospital care in a facility under the direct jurisdiction of

the Secretary, has received maximum benefits from such care;

and

(B) a member of the Armed Forces -

(i) who has been furnished care in a hospital of the Armed

Forces;

(ii) who the Secretary concerned determines has received

maximum benefits from such care but requires a protracted

period of nursing home care; and

(iii) who upon discharge from the Armed Forces will become a

veteran.

(2) The Secretary may transfer a person to a nursing home under

this subsection only if the Secretary determines that the cost to

the United States of the care of such person in the nursing home

will not exceed -

(A) the amount equal to 45 percent of the cost of care

furnished by the Department in a general hospital under the

direct jurisdiction of the Secretary (as such cost may be

determined annually by the Secretary); or

(B) the amount equal to 50 percent of such cost, if such higher

amount is determined to be necessary by the Secretary (upon the

recommendation of the Under Secretary for Health) to provide

adequate care.

(3) Nursing home care may not be furnished under this subsection

at the expense of the United States for more than six months in the

aggregate in connection with any one transfer except -

(A) in the case of a veteran -

(i) who is transferred to a non-Department nursing home from

a hospital under the direct jurisdiction of the Secretary; and

(ii) whose hospitalization was primarily for a

service-connected disability;

(B) in a case in which the nursing home care is required for a

service-connected disability; or

(C) in a case in which, in the judgment of the Secretary, a

longer period of nursing home care is warranted.

(4) A veteran who is furnished care by the Secretary in a

hospital or domiciliary facility in Alaska or Hawaii may be

furnished nursing home care at the expense of the United States

under this subsection even if such hospital or domiciliary facility

is not under the direct jurisdiction of the Secretary.

(b) No veteran may be transferred or admitted to any institution

for nursing home care under this section, unless such institution

is determined by the Secretary to meet such standards as the

Secretary may prescribe. The standards prescribed and any report of

inspection of institutions furnishing care to veterans under this

section made by or for the Secretary shall, to the extent possible,

be made available to all Federal, State, and local agencies charged

with the responsibility of licensing or otherwise regulating or

inspecting such institutions.

(c) In applying the provisions of section 2(b)(1) of the Service

Contract Act of 1965 (41 U.S.C. 351(b)(1)) with respect to any

contract entered into under this section to provide nursing home

care of veterans, the payment of wages not less than those

specified in section 6(b) of the Fair Labor Standards Act of 1938

(29 U.S.C. 206(b)) shall be deemed to constitute compliance with

such provisions.

(d)(1) Subject to subsection (b) of this section, the Secretary

may authorize for any veteran requiring nursing home care for a

service-connected disability direct admission for such care at the

expense of the United States to any non-Department nursing home.

The Secretary may also authorize a direct admission to such a

nursing home for nursing home care for any veteran who has been

discharged from a hospital under the direct jurisdiction of the

Secretary and who is currently receiving medical services as part

of home health services from the Department.

(2) Direct admission authorized by paragraph (1) of this

subsection may be authorized upon determination of need therefor -

(A) by a physician employed by the Department; or

(B) in areas where no such physician is available, by a

physician carrying out such function under contract or fee

arrangement,

based on an examination by such physician.

(3) The amount which may be paid for such care and the length of

care available under this subsection shall be the same as

authorized under subsection (a) of this section.

(e)(1) The cost of intermediate care for purposes of payment by

the United States pursuant to subsection (a)(2)(B) of this section

shall be determined by the Secretary except that the rate of

reimbursement shall be commensurately less than that provided for

nursing home care.

(2) For the purposes of this section, the term "non-Department

nursing home" means a public or private institution not under the

direct jurisdiction of the Secretary which furnishes nursing home

care.

(f)(1)(A) The Secretary may furnish adult day health care

services to a veteran enrolled under section 1705(a) of this title

who would otherwise require nursing home care.

(B) The Secretary may provide in-kind assistance (through the

services of Department employees and the sharing of other

Department resources) to a facility furnishing care to veterans

under subparagraph (A) of this paragraph. Any such in-kind

assistance shall be provided under a contract between the Secretary

and the facility concerned. The Secretary may provide such

assistance only for use solely in the furnishing of adult day

health care and only if, under such contract, the Department

receives reimbursement for the full cost of such assistance,

including the cost of services and supplies and normal depreciation

and amortization of equipment. Such reimbursement may be made by

reduction in the charges to the United States or by payment to the

United States. Any funds received through such reimbursement shall

be credited to funds allotted to the Department facility that

provided the assistance.

(2) The Secretary may conduct, at facilities over which the

Secretary has direct jurisdiction, programs for the furnishing of

adult day health care to veterans who are eligible for such care

under paragraph (1) of this subsection, except that necessary

travel and incidental expenses (or transportation in lieu thereof)

may be furnished under such a program only under the terms and

conditions set forth in section 111 of this title. The furnishing

of care under any such program shall be subject to the limitations

that are applicable to the duration of adult day health care

furnished under paragraph (1) of this subsection.

-SOURCE-

(Added Pub. L. 88-450, Sec. 2(a), Aug. 19, 1964, 78 Stat. 500, Sec.

620; amended Pub. L. 90-429, July 26, 1968, 82 Stat. 446; Pub. L.

90-612, Secs. 1, 3, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 91-101,

Oct. 30, 1969, 83 Stat. 167; Pub. L. 93-82, title I, Sec. 104, Aug.

2, 1973, 87 Stat. 182; Pub. L. 94-581, title I, Sec. 106, title II,

Secs. 202(h), 210(a)(7), Oct. 21, 1976, 90 Stat. 2847, 2856, 2863;

Pub. L. 97-295, Sec. 4(19), Oct. 12, 1982, 96 Stat. 1306; Pub. L.

98-160, title I, Sec. 103(a)(1), (2), Nov. 21, 1983, 97 Stat. 995;

Pub. L. 99-166, title I, Sec. 108(a)-(c), Dec. 3, 1985, 99 Stat.

946, 947; Pub. L. 99-272, title XIX, Sec. 19011(d)(5), Apr. 7,

1986, 100 Stat. 379; Pub. L. 100-322, title I, Secs. 103(b),

111(a), May 20, 1988, 102 Stat. 493, 499; renumbered Sec. 1720 and

amended Pub. L. 102-83, Secs. 4(a)(2)(A)(ii), (3)-(5), (b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L.

102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984;

Pub. L. 104-262, title I, Sec. 101(d)(8), Oct. 9, 1996, 110 Stat.

3180; Pub. L. 105-114, title IV, Sec. 402(c), Nov. 21, 1997, 111

Stat. 2294; Pub. L. 106-117, title I, Sec. 101(d), Nov. 30, 1999,

113 Stat. 1549.)

-MISC1-

PRIOR PROVISIONS

Prior section 1720 was renumbered section 3520 of this title.

AMENDMENTS

1999 - Subsec. (f)(1)(A). Pub. L. 106-117 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "The

Secretary is authorized to furnish adult day health care as

provided for in this subsection. For the purpose only of

authorizing the furnishing of such care and specifying the terms

and conditions under which it may be furnished to veterans needing

such care -

"(i) references to 'nursing home care' in subsections (a)

through (d) of this section shall be deemed to be references to

'adult day health care'; and

"(ii) a veteran who is eligible for medical services under

paragraph (1), (2), or (3) of section 1710(a) of this title shall

be deemed to be a veteran described in subsection (a)(1) of this

section."

1997 - Subsec. (a)(1)(A)(i). Pub. L. 105-114 substituted "care"

for "hospital care, nursing home care, or domiciliary care".

1996 - Subsec. (f)(1)(A)(ii). Pub. L. 104-262, Sec. 101(d)(8)(A),

substituted "paragraph (1), (2), or (3) of section 1710(a)" for

"section 1712(a)(1)(B)".

Subsec. (f)(3). Pub. L. 104-262, Sec. 101(d)(8)(B), struck out

par. (3) which read as follows: "Adult day health care may not be

furnished under this section after September 30, 1991."

1992 - Subsec. (a)(2)(B). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 620 of this

title as this section.

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

"Secretary" for "Administrator" wherever appearing in par. (1)

introductory provisions and subpar. (A) and pars. (2) to (4).

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration" wherever appearing in pars. (1) and

(3)(A)(i).

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

"Veterans' Administration" in par. (2)(A).

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

"Secretary" for "Administrator" wherever appearing.

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

"Secretary" for "Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration".

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

"Veterans' Administration".

Subsec. (d)(2)(A). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

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

"Secretary" for "Administrator" in pars. (1) and (2).

Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for

"non-Veterans' Administration" in par. (2).

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

substituted "Secretary" for "Administrator" in introductory

provisions.

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

"1712(a)(1)(B)" for "612(a)(1)(B)".

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

substituted "Secretary" for "Administrator" before "may" in two

places.

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

"Veterans' Administration" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(2)(A)(ii), substituted "Secretary" for

"Veterans' Administration" in second sentence.

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

"Secretary" for "Administrator" in two places.

1988 - Subsec. (e)(1). Pub. L. 100-322, Sec. 103(b), struck out

"For the purposes of this section, the term 'nursing home care'

includes intermediate care, as determined by the Administrator in

accordance with regulations which the Administrator shall

prescribe." at beginning and struck out "(as defined in section

101(28) of this title)" after "provided for nursing home care".

Subsec. (f)(3). Pub. L. 100-322, Sec. 111(a), substituted

"September 30, 1991" for "September 30, 1988".

1986 - Subsec. (f)(1)(A)(ii). Pub. L. 99-272 substituted

"612(a)(1)(B)" for "612(f)(2)".

1985 - Subsec. (a). Pub. L. 99-166, Sec. 108(a), amended subsec.

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

"Subject to subsection (b) and except as provided in subsection (e)

of this section, the Administrator may transfer -

"(1) Any veteran who has been furnished care by the

Administrator in a hospital under the direct jurisdiction of the

Administrator, and

"(2) Any person (A) who has been furnished care in any hospital

of any of the Armed Forces, (B) who the appropriate Secretary

concerned has determined has received maximum hospital benefits

but requires a protracted period of nursing home care, and (C)

who upon discharge therefrom will become a veteran

to any public or private institution not under the jurisdiction of

the Administrator which furnishes nursing home care, for care at

the expense of the United States, only if the Administrator

determines that -

"(i) such veteran has received maximum benefits from such care

in such hospital, but will require a protracted period of nursing

home care which can be furnished in such institution, and

"(ii) the cost of such nursing home care in such institution

will not exceed 45 percent of the cost of care furnished by the

Veterans' Administration in a general hospital under the direct

and exclusive jurisdiction of the Administrator, as such cost may

be determined annually by the Administrator, or not to exceed 50

percent of such cost where determined necessary by the

Administrator, upon recommendation of the Chief Medical Director,

to provide adequate care.

Nursing home care may not be furnished pursuant to this section at

the expense of the United States for more than six months in the

aggregate in connection with any one transfer, except (I) in the

case of the veteran whose hospitalization was primarily for a

service-connected disability, or (II) where in the judgment of the

Administrator a longer period is warranted in the case of any other

veteran. Any veteran who is furnished care by the Administrator in

a hospital in Alaska or Hawaii may be furnished nursing home care

under the provisions of this section even if such hospital is not

under the direct jurisdiction of the Administrator."

Subsec. (d). Pub. L. 99-166, Sec. 108(b), designated existing

first sentence as par. (1), substituted "to any non-Veterans'

Administration nursing home" for "to any public or private

institution not under the jurisdiction of the Administrator which

furnishes nursing home care", inserted "The Administrator may also

authorize a direct admission to such a nursing home for nursing

home care for any veteran who has been discharged from a hospital

under the direct jurisdiction of the Administrator and who is

currently receiving medical services as part of home health

services from the Veterans' Administration.", substituted par. (2)

for "Such admission may be authorized upon determination of need

therefor by a physician employed by the Veterans' Administration

or, in areas where no such physician is available, carrying out

such function under contract or fee arrangement based on an

examination by such physician.", and designated existing last

sentence as par. (3).

Subsec. (e). Pub. L. 99-166, Sec. 108(c), designated existing

provisions as par. (1), substituted "subsection (a)(2)(B)" for

"subsection (a)(ii)" in second sentence, and added par. (2).

1983 - Pub. L. 98-160, Sec. 103(a)(2), inserted "; adult day

health care" in section catchline.

Subsec. (f). Pub. L. 98-160, Sec. 103(a)(1), added subsec. (f).

1982 - Subsec. (a)(ii) Pub. L. 97-295, Sec. 4(19)(A), substituted

"percent" for "per centum" wherever appearing.

Subsec. (c). Pub. L. 97-295, Sec. 4(19)(B), inserted "(41 U.S.C.

351(b)(1))" after "the Service Contract Act of 1965" and

substituted "(29 U.S.C. 206(b))" for ", as amended,".

1976 - Subsec. (a). Pub. L. 94-581, Secs. 106(1)-(3), 202(h),

inserted "and except as provided in subsection (e)" after

"subsection (b)" in provisions preceding par. (1), substituted

"direct jurisdiction" for "direct and exclusive jurisdiction" in

par. (1), substituted "45 per centum" for "40 per centum" and

"annually" for "from time to time" in cl. (ii) and inserted ", or

not to exceed 50 per centum of such cost where determined necessary

by the Administrator, upon recommendation of the Chief Medical

Director, to provide adequate care" at the end thereof, and

substituted "direct jurisdiction" for "direct and exclusive

jurisdiction" in provisions following cl. (ii).

Subsec. (b). Pub. L. 94-581, Sec. 210(a)(7), substituted "such

standards as the Administrator may prescribe" for "such standards

as he may prescribe".

Subsec. (e). Pub. L. 94-581, Sec. 106(4), added subsec. (e).

1973 - Subsec. (a). Pub. L. 93-82, Sec. 104(a), (b), designated

cls. (1) and (2) as (i) and (ii), respectively, and in provisions

preceding cl. (i) as so designated, substituted authority of the

Administrator to transfer veterans and other persons under pars.

(1) and (2), for authority of the Administrator to transfer

veterans who have been furnished care by the Administrator in a

hospital under the direct and exclusive jurisdiction of the

Administrator, to any public or private institution not under the

jurisdiction of the Administrator which furnishes nursing home care

for care at the expense of the United States, and in the provisions

following cl. (ii) as so designated, substituted designations (I)

and (II) for designations (A) and (B).

Subsec. (b). Pub. L. 93-82, Sec. 104(c), inserted provisions

relating to the admissions of veterans to institutions for nursing

home care and for the furnishing of standards and reports to

Federal, State and local agencies charged with the responsibility

of licensing or otherwise regulating or inspecting such

institutions.

Subsec. (d). Pub. L. 93-82, Sec. 104(d), added subsec. (d).

1969 - Subsec. (a). Pub. L. 91-101 inserted provision authorizing

the furnishing of nursing home care for more than six months in the

aggregate in connection with any one transfer in the case of a

veteran whose hospitalization was primarily for a service-connected

disability.

1968 - Subsec. (a). Pub. L. 90-612, Sec. 1, authorized furnishing

of nursing home care to veterans who are being furnished care by

the Administrator in hospitals in Alaska or Hawaii even if the

hospitals involved are not under the direct and exclusive

jurisdiction of the Administrator.

Subsec. (a)(2). Pub. L. 90-429 substituted "40 per centum" for

"one-third".

Subsec. (c). Pub. L. 90-612, Sec. 3, added subsec. (c).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-272 applicable to hospital care, nursing

home care, and medical services furnished on or after July 1, 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.

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.

COMPARISON STUDY BETWEEN ADULT DAY HEALTH CARE AND NURSING HOME

CARE

Section 111(b), (c) of Pub. L. 100-322 directed Administrator to

conduct a study of medical efficacy and cost-effectiveness of

furnishing adult day health care under subsec. (f) of this section

as an alternative to nursing home care and the comparative

advantages and disadvantages of providing such care through

facilities that are not under direct jurisdiction of Administrator

and through facilities that are under direct jurisdiction of

Administrator, with Administrator to submit to Committees on

Veterans' Affairs of Senate and House of Representatives an interim

report on the study not later than Feb. 1, 1988, a final report on

such study not later than Feb. 1, 1991.

Section 103(b), (c) of Pub. L. 98-160, which provided for a study

and report, not later than Feb. 1, 1988, of the medical efficacy

and cost-effectiveness of furnishing adult day health care as an

alternative for nursing home care and of the comparative advantages

and disadvantages of providing such care in Veterans'

Administration or in other facilities, was repealed by Pub. L.

100-322, title I, Sec. 111(d), May 20, 1988, 102 Stat. 499.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1703, 1710B, 1724, 1741,

1742, 2303, 8105, 8134 of this title; title 42 section 300dd-21.

-End-

-CITE-

38 USC Sec. 1720A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720A. Treatment and rehabilitative services for persons with

drug or alcohol dependency

-STATUTE-

(a) The Secretary, in consultation with the Secretary of Labor

and the Director of the Office of Personnel Management, may take

appropriate steps to (1) urge all Federal agencies and appropriate

private and public firms, organizations, agencies, and persons to

provide appropriate employment and training opportunities for

veterans who have been provided treatment and rehabilitative

services under this title for alcohol or drug dependence or abuse

disabilities and have been determined by competent medical

authority to be sufficiently rehabilitated to be employable, and

(2) provide all possible assistance to the Secretary of Labor in

placing such veterans in such opportunities.

(b) Upon receipt of an application for treatment and

rehabilitative services under this title for an alcohol or drug

dependence or abuse disability from any individual who has been

discharged or released from active military, naval, or air service

but who is not eligible for such treatment and services, the

Secretary shall -

(1) provide referral services to assist such individual, to the

maximum extent practicable, in obtaining treatment and

rehabilitative services from sources outside the Department; and

(2) if pertinent, advise such individual of such individual's

rights to apply to the appropriate military, naval, or air

service and the Department for review of such individual's

discharge or release from such service.

(c)(1) Any person serving in the active military, naval, or air

service who is determined by the Secretary concerned to have an

alcohol or drug dependence or abuse disability may be transferred

to any facility in order for the Secretary to furnish care or

treatment and rehabilitative services for such disability. Care and

services provided to a member so transferred shall be provided as

if such member were a veteran. Any transfer of any such member for

such care and services shall be made pursuant to such terms as may

be agreed upon by the Secretary concerned and the Secretary,

subject to the provisions of sections 1535 and 1536 of title 31.

(2) No person serving in the active military, naval, or air

service may be transferred pursuant to an agreement made under

paragraph (1) of this subsection unless such person requests such

transfer in writing for a specified period of time. No such person

transferred pursuant to such a request may be furnished such care

and services by the Secretary beyond the period of time specified

in such request unless such person requests in writing an extension

for a further specified period of time and such request is approved

by the Secretary.

(d)(1) The Secretary shall ensure that each medical center of the

Department develops and carries out a plan to provide treatment for

substance use disorders, either through referral or direct

provision of services, to veterans who require such treatment.

(2) Each plan under paragraph (1) shall make available clinically

proven substance abuse treatment methods, including opioid

substitution therapy, to veterans with respect to whom a qualified

medical professional has determined such treatment methods to be

appropriate.

-SOURCE-

(Added Pub. L. 96-22, title I, Sec. 104(a), June 13, 1979, 93 Stat.

50, Sec. 620A; amended Pub. L. 96-128, title V, Sec. 501(c), Nov.

28, 1979, 93 Stat. 987; Pub. L. 97-251, Sec. 6, Sept. 8, 1982, 96

Stat. 716; Pub. L. 97-258, Sec. 3(k)(1), Sept. 13, 1982, 96 Stat.

1065; Pub. L. 99-108, Sec. 3, Sept. 30, 1985, 99 Stat. 481; Pub. L.

99-166, title I, Sec. 101(a), (b)(1), Dec. 3, 1985, 99 Stat. 942,

943; Pub. L. 100-687, div. B, title XV, Sec. 1509, Nov. 18, 1988,

102 Stat. 4137; Pub. L. 100-689, title V, Sec. 502(a)(1), (b), Nov.

18, 1988, 102 Stat. 4179; Pub. L. 102-54, Sec. 14(b)(13), June 13,

1991, 105 Stat. 284; renumbered Sec. 1720A 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. 102-86, title III, Sec. 303, Aug. 14, 1991,

105 Stat. 416; Pub. L. 103-452, title I, Sec. 103(b), Nov. 2, 1994,

108 Stat. 4786; Pub. L. 104-110, title I, Sec. 101(b), Feb. 13,

1996, 110 Stat. 768; Pub. L. 105-114, title II, Sec. 202(b), Nov.

21, 1997, 111 Stat. 2287; Pub. L. 106-117, title I, Sec. 114, Nov.

30, 1999, 113 Stat. 1558; Pub. L. 106-419, title IV, Sec.

404(a)(4), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107-95, Sec. 8(c),

Dec. 21, 2001, 115 Stat. 920.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-95 added subsec. (d).

2000 - Subsec. (c)(1). Pub. L. 106-419 substituted "for such

disability. Care and services provided to a member so transferred"

for "for such disability unless such transfer is during the last

thirty days of such member's enlistment period or tour of duty, in

which case such care and services provided to such member".

1999 - Subsec. (c)(1). Pub. L. 106-117, Sec. 114(a), substituted

"may be transferred" for "may not be transferred" in first

sentence.

Pub. L. 106-117, Sec. 114(a)(2), which directed the amendment of

first sentence of par. (1) by striking out "unless such transfer is

during the last thirty days of such member's enlistment or tour of

duty", could not be executed because that phrase did not appear.

Subsec. (c)(2). Pub. L. 106-117, Sec. 114(b), struck out "during

the last thirty days of such person's enlistment period or tour of

duty" before period at end of first sentence.

1997 - Pub. L. 105-114, Sec. 202(b)(2), substituted "Treatment

and rehabilitative services for persons with drug and alcohol

dependency" for "Treatment and rehabilitation for alcohol or drug

dependence or abuse disabilities" in section catchline.

Subsecs. (a) to (d). Pub. L. 105-114, Sec. 202(b)(1),

redesignated subsecs. (b) to (d) as (a) to (c), respectively, and

struck out former subsec. (a) which read as follows:

"(a)(1) The Secretary, in furnishing hospital, nursing home, and

domiciliary care and medical and rehabilitative services under this

chapter, may contract for care and treatment and rehabilitative

services in halfway houses, therapeutic communities, psychiatric

residential treatment centers, and other community-based treatment

facilities for eligible veterans suffering from alcohol or drug

dependence or abuse disabilities.

"(2) Before furnishing such care and services to any veteran

through a contract facility as authorized by paragraph (1) of this

subsection, the Secretary shall approve (in accordance with

criteria which the Secretary shall prescribe by regulation) the

quality and effectiveness of the program operated by such facility

for the purpose for which such veteran is to be furnished such care

and services."

Subsecs. (e) to (g). Pub. L. 105-114, Sec. 202(b)(1)(B), struck

out subsecs. (e) to (g) which read as follows:

"(e) The Secretary may not furnish care and treatment and

rehabilitative services under subsection (a) of this section after

December 31, 1997.

"(f)(1) During the period beginning on December 1, 1988, and

ending on October 1, 1997, the Secretary shall conduct an ongoing

clinical evaluation in order to determine the long-term results of

drug and alcohol abuse treatment furnished to veterans in contract

residential treatment facilities under this section.

"(2) The evaluation shall include an assessment of the following:

"(A) The long-term results of treatment referred to in

paragraph (1) of this subsection on drug and alcohol use by

veterans who may have received such treatment.

"(B) The need for hospitalization of such veterans for drug and

alcohol abuse after completion of the residential treatment.

"(C) The employment status and income of such veterans.

"(D) The extent of any criminal activity of such veterans.

"(E) Whether certain models and methods of residential

treatment for drug and alcohol abuse are more successful for

veterans with specific abuses, specific levels of resources

available to them, and specific needs than are other models and

methods.

"(3) To the extent feasible, the Secretary shall select for

consideration in the evaluation veterans whose treatment for drug

and alcohol abuse in contract residential treatment facilities

under such section represents a variety of models and methods of

residential drug and alcohol abuse treatment.

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

Affairs of the Senate and House of Representatives the following

reports on the evaluation under this subsection:

"(A) Not later than February 1, 1993, an interim report

containing information obtained during the first four years of

the evaluation and any conclusions that the Secretary has drawn

on the basis of that information.

"(B) Not later than March 31, 1998, a final report containing

information obtained during the evaluation and the determinations

and conclusions of the Secretary based on that information.

"(g) The authority of the Secretary to enter into contracts under

this section shall be effective for any fiscal year only to such

extent or in such amounts as are provided in appropriation Acts."

1996 - Subsec. (e). Pub. L. 104-110 substituted "December 31,

1997" for "December 31, 1995".

1994 - Subsec. (e). Pub. L. 103-452 substituted "December 31,

1995" for "December 31, 1994".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 620A of this

title as this section.

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

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (c). 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 pars. (1) and (2).

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

"Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 102-86 amended subsec. (e) of this section

as in effect before the redesignations made by Pub. L. 102-83, Sec.

5, by substituting "December 31, 1994" for "September 30, 1991".

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

"Administrator".

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

"Secretary" for "Administrator" wherever appearing.

Pub. L. 102-54 struck out "during the period" before "beginning"

in par. (1).

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

"Secretary" for "Administrator".

1988 - Subsec. (e). Pub. L. 100-689, Sec. 502(a)(1), substituted

"1991" for "1988".

Subsec. (f). Pub. L. 100-689, Sec. 502(b), amended subsec. (f)

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

"(1) The Administrator shall monitor the performance of each

contract facility furnishing care and services under the program

carried out under subsection (a) of this section.

"(2) The Administrator shall use the results of such monitoring

to determine -

"(A) with respect to the program, the medical advantages and

cost-effectiveness that result from furnishing such care and

services; and

"(B) with respect to such contract facilities generally, the

level of success under the program, considering -

"(i) the rate of successful rehabilitation for veterans

furnished care and services under the program;

"(ii) the rate of readmission to contract facilities under

the program or to Veterans' Administration health-care

facilities by such veterans for care or services for

disabilities referred to in subsection (a) of this section;

"(iii) whether the care and services furnished under the

program obviated the need of such veterans for hospitalization

for such disabilities;

"(iv) the average duration of the care and services furnished

such veterans under the program;

"(v) the ability of the program to aid in the transition of

such veterans back into their communities; and

"(vi) any other factor that the Administrator considers

appropriate.

"(3) The Administrator shall maintain records of -

"(A) the total cost for the care and services furnished by each

contract facility under the program;

"(B) the average cost per veteran for the care and services

furnished under the program; and

"(C) the appropriateness of such costs, by comparison to -

"(i) the average charges for the same types of care and

services furnished generally by other comparable halfway

houses, therapeutic communities, psychiatric residential

treatment centers, and other community-based treatment

facilities; and

"(ii) the historical costs for such care and services for the

period of time that the program carried out under subsection

(a) of this section was a pilot program, taking into account

economic inflation.

"(4) Not later than February 1, 1988, the Administrator shall

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

House of Representatives a report on the experience under the

program carried out under this section during fiscal years 1984

through 1987. The report shall include -

"(A) a description of the care and services furnished;

"(B) the matters referred to in paragraphs (1), (2), and (3) of

this subsection; and

"(C) the Administrator's findings, assessment, and

recommendations regarding the program under this section."

Subsec. (f)(1). Pub. L. 100-687 substituted "during the period

beginning on December 1, 1988, and ending on October 1, 1997" for

"before October 1, 1997" in par. (1) as amended by Pub. L. 100-689

above.

1985 - Pub. L. 99-166, Sec. 101(b)(1), struck out "; pilot

program" after "disabilities" in section catchline.

Subsec. (a)(1). Pub. L. 99-166, Sec. 101(a)(1), struck out "may

conduct a pilot program under which the Administrator" before "may

contract" in first sentence, and struck out second sentence

relating to the planning, designing, and conducting of a pilot

program by the Chief Medical Director so as to demonstrate any

medical advantages and cost effectiveness that might result from

furnishing care and services to disabled veterans in contract

facilities as authorized by this section, rather than in facilities

over which the Administrator had jurisdiction.

Subsec. (e). Pub. L. 99-166, Sec. 101(a)(2), substituted

"September 30, 1988" for "October 31, 1985".

Pub. L. 99-108 substituted "October 31, 1985" for "the last day

of the fifth fiscal year following the fiscal year in which the

pilot program authorized by such subsection is initiated".

Subsec. (f). Pub. L. 99-166, Sec. 101(a)(3), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: "Not

later than March 31, 1984, the Administrator shall report to the

Committee on Veterans' Affairs of the Senate and House of

Representatives on the findings and recommendations of the

Administrator pertaining to the operation through September 30,

1983, of the pilot program authorized by this section."

1982 - Subsec. (d)(1). Pub. L. 97-258 substituted "sections 1535

and 1536 of title 31" for "the Act of March 4, 1915 (31 U.S.C 686)"

after "provisions of".

Subsec. (f). Pub. L. 97-251 substituted "March 31, 1984" and

"September 30, 1983" for "March 31, 1983" and "September 30, 1982",

respectively.

1979 - Subsec. (a)(1). Pub. L. 96-128, Sec. 501(c)(1),

substituted "treatment facilities for" for "treatment facilities

of".

Subsec. (d)(2). Pub. L. 96-128, Sec. 501(c)(2), substituted "such

request unless" for "such request, unless".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section

601(b) of Pub. L. 96-128, set out as a note under section 1114 of

this title.

EFFECTIVE DATE

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.

RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY

Any action taken by Secretary of Veterans Affairs before Feb. 13,

1996, under provision of law amended by title I of Pub. L. 104-110

that was taken during period beginning on date on which authority

of Secretary under such provision of law expired and ending on Feb.

13, 1996, considered to have same force and effect as if such

amendment had been in effect at time of that action, see section

103 of Pub. L. 104-110, set out as a note under section 1710 of

this title.

REPORT ON CONSOLIDATION OF CERTAIN PROGRAMS

Section 202(a) of Pub. L. 104-110 provided that: "The Secretary

of Veterans Affairs shall submit to Congress, not later than March

1, 1997, a report on the advantages and disadvantages of

consolidating into one program the following three programs:

"(1) The alcohol and drug abuse contract care program under

section 1720A of title 38, United States Code.

"(2) The program to provide community-based residential care to

homeless chronically mentally ill veterans under section 115 of

the Veterans' Benefits and Services Act of 1988 [Pub. L. 100-322]

(38 U.S.C. 1712 note).

"(3) The demonstration program under section 7 of Public Law

102-54 (38 U.S.C. 1718 note)."

LOANS TO ORGANIZATIONS PROVIDING TRANSITIONAL HOUSING FOR SUBSTANCE

ABUSERS

Section 8 of Pub. L. 102-54 provided that:

"(a) Loan Program. - The Secretary of Veterans Affairs may make

loans in accordance with this section to assist in the provision of

transitional housing exclusively to veterans who are in (or who

recently have been in) a program for the treatment of substance

abuse.

"(b) Loan Recipients. - A loan under this section may only be

made to a nonprofit organization under selection criteria

promulgated by the Secretary and only to assist that organization

in leasing housing units for use as a group residence for the

purposes described in subsection (a). The amount of such a loan

that is used with respect to any single residential unit may not

exceed $4,500. In making loans under this subsection, the Secretary

shall, except to the extent that the Secretary determines that it

is infeasible to do so, ensure that -

"(1) each loan is repaid within two years after the date on

which the loan is made;

"(2) each loan is repaid through monthly installments and that

a reasonable penalty is assessed for each failure to pay an

installment by the date specified in the loan agreement involved;

and

"(3) each loan is made only to a nonprofit private entity which

agrees that, in the operation of each residence established with

the assistance of the loan -

"(A) the use of alcohol or any illegal drug in the residence

will be prohibited;

"(B) any resident who violates the prohibition in subclause

(A) of this clause will be expelled from the residence;

"(C) the costs of maintaining the residence, including fees

for rent and utilities, will be paid by the residents;

"(D) the residents will, through a majority vote of the

residents, otherwise establish policies governing the

conditions of residence, including the manner in which

applications for residence are approved; and

"(E) the residence will be operated solely as a residence for

not less than six veterans.

"(c) Funding. - Loans under this section shall be made from the

special account of the General Post Fund of the Department of

Veterans Affairs established for purposes of this section. The

amount of such loans outstanding at any time may not exceed

$100,000. Amounts received as payment of principal and interest on

such loans shall be deposited in that account. The operation of the

loan program under this section shall be separately accounted for,

and shall be separately stated in the documents accompanying the

President's budget for each fiscal year.

"(d) Terms and Conditions. - Loans under this section shall be

made on such terms and conditions, including interest, as the

Secretary prescribes.

"(e) Report. - After the end of the 15-month period beginning on

the date the first loan is extended under this section, the

Secretary shall issue a report on the Department's experience under

the section. The report shall include the following information:

"(1) The default rate on loans extended under this section.

"(2) The manner in which loan payments are collected.

"(3) The number of facilities at which loans have been

extended.

"(4) The adequacy of the amount of funds in the special account

referred to in subsection (c)."

EVALUATION OF VETERANS' ADMINISTRATION INPATIENT AND OUTPATIENT

DRUG AND ALCOHOL TREATMENT PROGRAMS

Pub. L. 100-690, title II, Sec. 2501, Nov. 18, 1988, 102 Stat.

4232, directed Administrator of Veterans' Affairs to conduct an

evaluation of inpatient and outpatient drug and alcohol treatment

programs operated by the Veterans' Administration, such evaluation

to include a determination of medical advantages and

cost-effectiveness of such programs, taking into consideration

rates of readmission and the rate of successful rehabilitation, and

authorized appropriations for this purpose for fiscal years 1989,

1990, and 1991.

RATIFICATION FOR LAPSED PERIOD

Section 502(a)(2) of Pub. L. 100-689 ratified actions by the

Administrator of Veterans' Affairs in providing, during the period

beginning Oct. 1, 1988, and ending Nov. 18, 1988, for care and

treatment and rehabilitative services under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

29 section 2913.

-End-

-CITE-

38 USC Sec. 1720B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720B. Respite care

-STATUTE-

(a) The Secretary may furnish respite care services to a veteran

who is enrolled to receive care under section 1710 of this title.

(b) For the purpose of this section, the term "respite care

services" means care and services which -

(1) are of limited duration;

(2) are furnished on an intermittent basis to a veteran who is

suffering from a chronic illness and who resides primarily at

home; and

(3) are furnished for the purpose of helping the veteran to

continue residing primarily at home.

(c) In furnishing respite care services, the Secretary may enter

into contract arrangements.

-SOURCE-

(Added Pub. L. 99-576, title II, Sec. 201(a)(1), Oct. 28, 1986, 100

Stat. 3254, Sec. 620B; amended Pub. L. 101-237, title II, Sec.

201(a), Dec. 18, 1989, 103 Stat. 2066; renumbered Sec. 1720B 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 V,

Sec. 502, Nov. 4, 1992, 106 Stat. 4955; Pub. L. 106-117, title I,

Sec. 101(e), Nov. 30, 1999, 113 Stat. 1549.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-117, Sec. 101(e)(1), substituted

"enrolled" for "eligible".

Subsec. (b). Pub. L. 106-117, Sec. 101(e)(2), in introductory

provisions, substituted "the term 'respite care services' means

care and services" for "the term 'respite care' means hospital or

nursing home care", in par. (1) substituted "are" for "is", in par.

(2) substituted "are" for "is" and struck out "in a Department

facility" after "furnished", and in par. (3) substituted "are" for

"is".

Subsec. (c). Pub. L. 106-117, Sec. 101(e)(3), added subsec. (c).

1992 - Subsec. (c). Pub. L. 102-585 struck out subsec. (c) which

read as follows: "The authority provided by this section terminates

on September 30, 1992."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 620B of this

title as this section.

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

"610".

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

"Administrator".

Subsec. (b)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

1989 - Subsec. (c). Pub. L. 101-237 substituted "September 30,

1992" for "September 30, 1989".

RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING

TRANSITION PERIODS

Section 604 of Pub. L. 101-237 ratified actions of the Secretary

of Veterans Affairs in carrying out this section, section 115 of

Pub. L. 100-322 [38 U.S.C. 1712 note], section 618 of Pub. L.

100-440 [5 U.S.C. 6302 note], or section 1829 [now 3729] of this

title, by contract or otherwise, during the period beginning Dec.

1, 1989, and ending Dec. 18, 1989.

Pub. L. 101-110, Sec. 3(b), Oct. 6, 1989, 103 Stat. 682, ratified

actions of the Secretary of Veterans Affairs in carrying out this

section, section 115 of Pub. L. 100-322 [38 U.S.C. 1712 note],

section 618 of Pub. L. 100-440 [5 U.S.C. 6302 note], or section

1829 [now 3729] of this title, by contract or otherwise, during the

period beginning Oct. 1, 1989, and ending Oct. 6, 1989.

INTERIM EXTENSION OF RESPITE CARE PROGRAM

Pub. L. 101-110, Sec. 1(a), Oct. 6, 1989, 103 Stat. 682, provided

that: "Notwithstanding the provisions of subsection (c) of section

620B [now 1720B] of title 38, United States Code, the authority

provided by such section shall terminate on November 30, 1989."

REPORT

Section 201(b) of Pub. L. 99-576 provided that if the

Administrator of Veterans' Affairs furnished respite care under

this section, the Administrator was to conduct an evaluation of the

health efficacy and cost-effectiveness of furnishing such care and

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

House of Representatives not later than Feb. 1, 1989, a report

containing the results of such evaluation and appropriate

recommendations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1710B of this title.

-End-

-CITE-

38 USC Sec. 1720C 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720C. Noninstitutional alternatives to nursing home care

-STATUTE-

(a) The Secretary may furnish medical, rehabilitative, and

health-related services in noninstitutional settings for veterans

who are eligible under this chapter for, and are in need of,

nursing home care. The Secretary shall give priority for

participation in such program to veterans who -

(1) are in receipt of, or are in need of, nursing home care

primarily for the treatment of a service-connected disability; or

(2) have a service-connected disability rated at 50 percent or

more.

(b)(1) Under the program conducted pursuant to subsection (a),

the Secretary shall (A) furnish appropriate health-related services

solely through contracts with appropriate public and private

agencies that provide such services, and (B) designate Department

health-care employees to furnish case management services to

veteran furnished services under the program.

(2) For the purposes of paragraph (1), the term "case management

services" includes the coordination and facilitation of all

services furnished to a veteran by the Department of Veterans

Affairs, either directly or through contract, including assessment

of needs, planning, referral (including referral for services to be

furnished by the Department, either directly or through a contract,

or by an entity other than the Department), monitoring,

reassessment, and followup.

(c) The Secretary may provide in-kind assistance (through the

services of Department of Veterans Affairs employees and the

sharing of other Department resources) to a facility furnishing

services to veterans under subsection (b)(1)(A). Any such in-kind

assistance shall be provided under a contract between the

Department and the facility concerned. The Secretary may provide

such assistance only for use solely in the furnishing of

appropriate services under this section and only if, under such

contract, the Department receives reimbursement for the full cost

of such assistance (including the cost of services and supplies and

normal depreciation and amortization of equipment). Such

reimbursement may be made by reduction in the charges to the United

States or by payment to the United States. Any funds received

through such reimbursement shall be credited to funds allotted to

the Department facility that provided the assistance.

(d) The total cost of providing services or in-kind assistance in

the case of any veteran for any fiscal year under the program may

not exceed 65 percent of the cost that would have been incurred by

the Department during that fiscal year if the veteran had been

furnished, instead, nursing home care under section 1710 of this

title during that fiscal year.

(e) The authority of the Secretary to enter into contracts under

this section shall be effective for any fiscal year only to the

extent that appropriations are available.

-SOURCE-

(Added Pub. L. 101-366, title II, Sec. 201(a)(1), Aug. 15, 1990,

104 Stat. 437, Sec. 620C; renumbered Sec. 1720C and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

103-452, title I, Sec. 103(c), Nov. 2, 1994, 108 Stat. 4786; Pub.

L. 104-110, title I, Sec. 101(c), Feb. 13, 1996, 110 Stat. 768;

Pub. L. 105-114, title II, Sec. 206(a)-(b)(2), Nov. 21, 1997, 111

Stat. 2289.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-114, Sec. 206(b)(2), struck out ": pilot

program" after "home care" in section catchline.

Subsec. (a). Pub. L. 105-114, Sec. 206(a), substituted "The

Secretary may furnish" for "During the period through December 31,

1997, the Secretary may conduct a pilot program for the furnishing

of".

Subsec. (b)(1). Pub. L. 105-114, Sec. 206(b)(1), substituted

"Under the program" for "Under the pilot program".

Subsec. (d). Pub. L. 105-114, Sec. 206(b)(1), substituted "under

the program" for "under the pilot program".

1996 - Subsec. (a). Pub. L. 104-110 substituted "December 31,

1997" for "September 30, 1995" in introductory provisions.

1994 - Subsec. (a). Pub. L. 103-452, in introductory provisions,

substituted "During the period through September 30, 1995," for

"During the four-year period beginning on October 1, 1990," and

"care. The Secretary shall give priority for participation in such

program to veterans who" for "care and who".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 620C of this

title as this section.

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

"610".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 103(c)(1) of Pub. L. 103-452 provided that the amendment

made by that section is effective Oct. 1, 1994.

RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY

Any action taken by Secretary of Veterans Affairs before Feb. 13,

1996, under provision of law amended by title I of Pub. L. 104-110

that was taken during period beginning on date on which authority

of Secretary under such provision of law expired and ending on Feb.

13, 1996, considered to have same force and effect as if such

amendment had been in effect at time of that action, see section

103 of Pub. L. 104-110, set out as a note under section 1710 of

this title.

REPORT TO CONGRESSIONAL COMMITTEES

Section 201(b) of Pub. L. 101-366, as amended by Pub. L. 102-83,

Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-452, title

I, Sec. 103(g), Nov. 2, 1994, 108 Stat. 4787, provided that: "Not

later than February 1, 1995, the Secretary of Veterans Affairs

shall submit to the Committees on Veterans' Affairs of the Senate

and House of Representatives a report setting forth the Secretary's

evaluation, findings, and conclusions regarding the conduct,

through September 30, 1993, of the pilot program required by

section 1720C [formerly 620C] of title 38, United States Code (as

added by subsection (a)), and the results of the furnishing of care

under such pilot program for the participating veterans. The report

shall include a description of the conduct of the pilot program

(including a description of the veterans furnished services and of

the services furnished under the pilot program), and any plans for

administrative action, and any recommendations for legislation,

that the Secretary considers appropriate to include in the report."

-End-

-CITE-

38 USC Sec. 1720D 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720D. Counseling and treatment for sexual trauma

-STATUTE-

(a)(1) During the period through December 31, 2004, the Secretary

shall operate a program under which the Secretary provides

counseling and appropriate care and services to veterans who the

Secretary determines require such counseling and care and services

to overcome psychological trauma, which in the judgment of a mental

health professional employed by the Department, resulted from a

physical assault of a sexual nature, battery of a sexual nature, or

sexual harassment which occurred while the veteran was serving on

active duty.

(2) In furnishing counseling to a veteran under this subsection,

the Secretary may, during the period through December 31, 2004,

provide such counseling pursuant to a contract with a qualified

mental health professional if (A) in the judgment of a mental

health professional employed by the Department, the receipt of

counseling by that veteran in facilities of the Department would be

clinically inadvisable, or (B) Department facilities are not

capable of furnishing such counseling to that veteran economically

because of geographical inaccessibility.

(b)(1) The Secretary shall give priority to the establishment and

operation of the program to provide counseling and care and

services under subsection (a). In the case of a veteran eligible

for counseling and care and services under subsection (a), the

Secretary shall ensure that the veteran is furnished counseling and

care and services under this section in a way that is coordinated

with the furnishing of such care and services under this chapter.

(2) In establishing a program to provide counseling under

subsection (a), the Secretary shall -

(A) provide for appropriate training of mental health

professionals and such other health care personnel as the

Secretary determines necessary to carry out the program

effectively;

(B) seek to ensure that such counseling is furnished in a

setting that is therapeutically appropriate, taking into account

the circumstances that resulted in the need for such counseling;

and

(C) provide referral services to assist veterans who are not

eligible for services under this chapter to obtain those from

sources outside the Department.

(c) The Secretary shall provide information on the counseling and

treatment available to veterans under this section. Efforts by the

Secretary to provide such information -

(1) shall include availability of a toll-free telephone number

(commonly referred to as an 800 number);

(2) shall ensure that information about the counseling and

treatment available to veterans under this section -

(A) is revised and updated as appropriate;

(B) is made available and visibly posted at appropriate

facilities of the Department; and

(C) is made available through appropriate public information

services; and

(3) shall include coordination with the Secretary of Defense

seeking to ensure that individuals who are being separated from

active military, naval, or air service are provided appropriate

information about programs, requirements, and procedures for

applying for counseling and treatment under this section.

(d) In this section, the term "sexual harassment" means repeated,

unsolicited verbal or physical contact of a sexual nature which is

threatening in character.

-SOURCE-

(Added Pub. L. 102-585, title I, Sec. 102(a)(1), Nov. 4, 1992, 106

Stat. 4945; amended Pub. L. 103-452, title I, Sec. 101(a)-(d),

(f)(1), (2)(A), (g)(1), Nov. 2, 1994, 108 Stat. 4783, 4784; Pub. L.

105-368, title IX, Sec. 902, Nov. 11, 1998, 112 Stat. 3360; Pub. L.

106-117, title I, Sec. 115(a)-(c), Nov. 30, 1999, 113 Stat. 1558.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-117, Sec. 115(a)(1), (b)(1),

substituted "December 31, 2004" for "December 31, 2001" and "shall

operate a program under which the Secretary provides counseling and

appropriate care and services to veterans who the Secretary

determines require such counseling and care and services" for "may

provide counseling to a veteran who the Secretary determines

requires such counseling".

Subsec. (a)(2), (3). Pub. L. 106-117, Sec. 115(a)(2), (b)(2),

redesignated par. (3) as (2), substituted "December 31, 2004" for

"December 31, 2001", and struck out former par. (2) which read as

follows: "During the period referred to in paragraph (1), the

Secretary may provide appropriate care and services to a veteran

for an injury, illness, or other psychological condition that the

Secretary determines to be the result of a physical assault,

battery, or harassment referred to in that paragraph."

Subsec. (c). Pub. L. 106-117, Sec. 115(c)(1), inserted "and

treatment" after "counseling" in first sentence.

Subsec. (c)(2), (3). Pub. L. 106-117, Sec. 115(c), added par.

(2), redesignated former par. (2) as (3), and inserted "and

treatment" after "counseling".

1998 - Subsec. (a)(1), (3). Pub. L. 105-368 substituted "December

31, 2001" for "December 31, 1998".

1994 - Pub. L. 103-452, Sec. 101(f)(2)(A), substituted "and

treatment" for "to women veterans" in section catchline.

Subsec. (a)(1). Pub. L. 103-452, Sec. 101(b)(1), (f)(1)(A),

substituted "December 31, 1998," for "December 31, 1995," and

struck out "woman" after "counseling to a".

Subsec. (a)(2). Pub. L. 103-452, Sec. 101(a), added par. (2) and

struck out former par. (2) which read as follows: "To be eligible

to receive counseling under this subsection, a veteran must seek

such counseling from the Secretary within two years after the date

of the veteran's discharge or release from active military, naval,

or air service."

Subsec. (a)(3). Pub. L. 103-452, Sec. 101(b)(2), substituted

"December 31, 1998," for "December 31, 1994,".

Subsec. (b). Pub. L. 103-452, Sec. 101(c), redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

"In providing services to a veteran under subsection (a), the

period for which counseling is provided may not exceed one year

from the date of the commencement of the furnishing of such

counseling to the veteran. However, the Secretary may authorize a

longer period in any case if, in the judgment of the Secretary, a

longer period of counseling is required."

Subsec. (b)(1). Pub. L. 103-452, Sec. 101(d), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The

Secretary shall give priority to the establishment and operation of

the program to provide counseling under subsection (a). In the case

of a veteran eligible for such counseling who requires other care

or services under this chapter for trauma described in subsection

(a)(1), the Secretary shall ensure that the veteran is furnished

counseling under this section in a way that is coordinated with the

furnishing of such other care and services under this chapter."

Subsec. (b)(2)(C). Pub. L. 103-452, Sec. 101(f)(1)(B), struck out

"women" after "assist".

Subsec. (c). Pub. L. 103-452, Sec. 101(f)(1)(B), struck out

"women" after "available to" in introductory provisions.

Pub. L. 103-452, Sec. 101(c)(2), redesignated subsec. (d) as (c).

Former subsec. (c) redesignated (b).

Subsec. (c)(1). Pub. L. 103-452, Sec. 101(g)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "may

include establishment of an information system involving the use of

a toll-free telephone number (commonly referred to as an 800

number), and".

Subsec. (c)(2). Pub. L. 103-452, Sec. 101(f)(1)(C), substituted

"individuals" for "women".

Subsecs. (d), (e). Pub. L. 103-452, Sec. 101(c)(2), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

INFORMATION ON TELEPHONE COUNSELING AVAILABILITY; PERSONNEL

TRAINING; CLIENT CONFIDENTIALITY; PUBLICITY; REPORT

Section 101(g)(2) to (5) of Pub. L. 103-452 provided that:

"(2) In providing information on counseling available to veterans

as required under section 1720D(c)(1) of title 38, United States

Code (as amended by paragraph (1)), the Secretary of Veterans

Affairs shall ensure that the Department of Veterans Affairs

personnel who provide assistance under such section are trained in

the provision to persons who have experienced sexual trauma of

information about the care and services relating to sexual trauma

that are available to veterans in the communities in which such

veterans reside, including care and services available under

programs of the Department (including the care and services

available under section 1720D of such title) and from

non-Department agencies or organizations.

"(3) The telephone assistance service shall be operated in a

manner that protects the confidentiality of persons who place calls

to the system.

"(4) The Secretary shall ensure that information about the

availability of the telephone assistance service is visibly posted

in Department medical facilities and is advertised through public

service announcements, pamphlets, and other means.

"(5) Not later than 18 months after the date of the enactment of

this Act [Nov. 2, 1994], the Secretary shall submit to Congress a

report on the operation of the telephone assistance service

required under section 1720D(c)(1) of title 38, United States Code

(as amended by paragraph (1)). The report shall set forth the

following:

"(A) The number of persons who sought information during the

period covered by the report through a toll-free telephone number

regarding services available to veterans relating to sexual

trauma, with a separate display of the number of such persons

arrayed by State (as such term is defined in section 101(20) of

title 38, United States Code).

"(B) A description of the training provided to the personnel

who provide such assistance.

"(C) The recommendations and plans of the Secretary for the

improvement of the service."

TRANSITION PERIOD FOR ELIGIBILITY FOR COUNSELING

Section 102(b) of Pub. L. 102-585, as amended by Pub. L. 103-210,

Sec. 2(b), Dec. 20, 1993, 107 Stat. 2497, provided that in the case

of a veteran who was discharged or released from active military,

naval, or air service before Dec. 31, 1992, the two-year period

specified in 38 U.S.C. 1720D(a)(2) was to be treated as ending on

Dec. 31, 1994, prior to repeal by Pub. L. 103-452, title I, Sec.

101(h), Nov. 2, 1994, 108 Stat. 4785.

COMMENCEMENT OF PROVISION OF INFORMATION ON SERVICES

Section 104 of Pub. L. 102-585 directed Secretary of Veterans

Affairs, not later than 90 days after Nov. 4, 1992, to commence the

provision of information on the counseling relating to sexual

trauma that is available to women veterans under 38 U.S.C. 1720D.

REPORT ON IMPLEMENTATION OF SEXUAL TRAUMA COUNSELING PROGRAM

Section 105 of Pub. L. 102-585 directed Secretary of Veterans

Affairs, not later than Mar. 31, 1994, to submit to Congress a

comprehensive report on the Secretary's actions under 38 U.S.C.

1720D.

-End-

-CITE-

38 USC Sec. 1720E 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

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

SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND

MEDICAL TREATMENT

-HEAD-

Sec. 1720E. Nasopharyngeal radium irradiation

-STATUTE-

(a) The Secretary may provide any veteran a medical examination,

and hospital care, medical services, and nursing home care, which

the Secretary determines is needed for the treatment of any cancer

of the head or neck which the Secretary finds may be associated

with the veteran's receipt of nasopharyngeal radium irradiation

treatments in active military, naval, or air service.

(b) The Secretary shall provide care and services to a veteran

under subsection (a) only on the basis of evidence in the service

records of the veteran which document nasopharyngeal radium

irradiation treatment in service, except that, notwithstanding the

absence of such documentation, the Secretary may provide such care

to a veteran who -

(1) served as an aviator in the active military, naval, or air

service before the end of the Korean conflict; or

(2) underwent submarine training in active naval service before

January 1, 1965.

-SOURCE-

(Added Pub. L. 105-368, title IX, Sec. 901(a), Nov. 11, 1998, 112

Stat. 3360.)

-End-

-CITE-

38 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING

TO HOSPITAL AND NURSING HOME CARE AND MEDICAL

TREATMENT OF VETERANS 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-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND

NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-581, title II, Sec. 202(i), Oct. 21, 1976, 90

Stat. 2856, inserted "AND NURSING HOME" in subchapter heading.

-End-