United States Code (Last Updated: May 24, 2014) |
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 |
§ 1710. Eligibility for hospital, nursing home, and domiciliary care
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(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, the requirement in section 1710B of this title that the Secretary provide a program of extended care services, and the requirement in section 1745 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes 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 paragraph (2) of this subsection, a veteran who served on active duty between August 2, 1990 , andNovember 11, 1998 , 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) syndromes. (ix) Renal toxicity. (x) Hepatic steatosis. (xi) Female infertility. (xii) Miscarriage. (xiii) Scleroderma. (xiv) Neurobehavioral effects. (xv) Non-Hodgkin’s lymphoma. (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 subparagraph (C), (D), (E), or (F) of paragraph (1), 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 or testing described in such subparagraph. (3) Hospital care, medical services, and nursing home care may not be provided under or by virtue of subsection (a)(2)(F) in the case of care for a veteran described in paragraph (1)(D) who— (A) is discharged or released from the active military, naval, or air service after the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years beginning on the date of such discharge or release; or (B) is so discharged or released more than five years before the date of the enactment of that Act and who did not enroll in the patient enrollment system under section 1705 of this title before such date, after a period of three years beginning on the date of the enactment of that Act. (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 onMay 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 (except if such care constitutes hospice 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, 2014 , 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 (except if such care constitutes hospice care) 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.
References In Text
Section 1712A(a)(2)(B) of this title, referred to in subsec. (e)(1)(D), was struck out by Pub. L. 112–239, div. A, title VII, § 727(1)(B),
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.
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 110–181, which was approved
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, § 101(b)(2), was based on Pub. L. 86–639, § 1,
Prior Provisions
A prior section 1710 was renumbered section 3510 of this title.
Amendments
2013—Subsec. (f)(2)(B). Pub. L. 113–37 substituted “
2012—Subsec. (e)(1)(F). Pub. L. 112–154, § 102(a)(1), added subpar. (F).
Subsec. (e)(2)(B). Pub. L. 112–154, § 102(a)(2), substituted “(E), or (F)” for “or (E)”.
Subsec. (f)(2)(B). Pub. L. 112–154, § 112, substituted “
2010—Subsec. (e)(1)(C). Pub. L. 111–163, § 513(2), substituted “paragraph (2)” for “paragraphs (2) and (3)” and inserted “between
Subsec. (e)(3). Pub. L. 111–163, § 513(1), substituted “subsection (a)(2)(F)” for “subsection (a)(2)(F)—” in introductory provisions, struck out subpar. (C) designation before “in the case”, redesignated cls. (i) and (ii) of former subpar. (C) as subpars. (A) and (B), respectively, realigned margins, and struck out former subpars. (A) and (B), which read as follows:
“(A) in the case of care for a veteran described in paragraph (1)(A), after
“(B) in the case of care for a veteran described in paragraph (1)(C), after
Subsec. (f)(2)(B). Pub. L. 111–163, § 517, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “before
2008—Subsec. (e)(1)(E). Pub. L. 110–387, § 803(b), substituted “paragraph (2)” for “paragraphs (2) and (3)”.
Subsec. (e)(3)(B). Pub. L. 110–387, § 803(a)(1), inserted “and” after the semicolon at end.
Subsec. (e)(3)(C). Pub. L. 110–387, § 803(a)(2), substituted a period at end for “; and”.
Pub. L. 110–181 amended subpar. (C) generally. Prior to amendment subpar. (C) read as follows: “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; and”.
Subsec. (e)(3)(D). Pub. L. 110–387, § 803(a)(3), struck out subpar. (D) which read as follows: “in the case of care for a veteran described in paragraph (1)(E), after
Subsec. (f)(1). Pub. L. 110–387, § 409(1), inserted “(except if such care constitutes hospice care)” after “nursing home care”.
Subsec. (f)(2)(B). Pub. L. 110–387, § 804(a), which directed substitution of “
Pub. L. 110–329 substituted “
Subsec. (g)(1). Pub. L. 110–387, § 409(2), inserted “(except if such care constitutes hospice care)” after “medical services”.
2007—Subsec. (f)(2)(B). Pub. L. 110–161 substituted “
2006—Subsec. (a)(4). Pub. L. 109–461, § 211(a)(3)(B), struck out “and” before “the requirement in section 1710B of this title” and inserted “, and the requirement in section 1745 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes” after “a program of extended care services”.
Subsec. (e)(3)(D). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Pub. L. 109–461, § 1003, substituted “
Pub. L. 109–444, which substituted “
2003—Subsec. (e)(1)(E). Pub. L. 108–170, § 102(1), added subpar. (E).
Subsec. (e)(2)(B). Pub. L. 108–170, § 102(2), substituted “subparagraph (C), (D), or (E) of paragraph (1)” for “paragraph (1)(C) or (1)(D)” and “service or testing described in such subparagraph” for “service described in that paragraph”.
Subsec. (e)(3)(D). Pub. L. 108–170, § 102(3), added subpar. (D).
2002—Subsec. (e)(1)(D). Pub. L. 107–330 substituted “
Subsec. (e)(3)(B). Pub. L. 107–135, § 211, substituted “
Subsec. (f)(1). Pub. L. 107–135, § 202(b)(1), inserted “or (4)” after “paragraph (2)”.
Subsec. (f)(2)(B). Pub. L. 107–135, § 209(a), substituted “
Subsec. (f)(4), (5). Pub. L. 107–135, § 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, § 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, § 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, § 112(1), inserted “or who was awarded the Purple Heart” after “former prisoner of war”.
Subsec. (a)(4). Pub. L. 106–117, § 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, § 101(f)(4), added par. (5).
Subsec. (g)(1). Pub. L. 106–117, § 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, § 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, § 102(a)(1), added subpar. (D).
Subsec. (e)(2)(A)(ii). Pub. L. 105–368, § 1005(b)(3), substituted “section 3” for “section 2”.
Subsec. (e)(2)(B). Pub. L. 105–368, § 102(a)(2), inserted “or (1)(D)” after “paragraph (1)(C)”.
Subsec. (e)(3)(A). Pub. L. 105–368, § 102(a)(3)(A), struck out “and” at end.
Subsec. (e)(3)(B). Pub. L. 105–368, § 102(a)(3)(B), substituted “
Subsec. (e)(3)(C). Pub. L. 105–368, § 102(a)(3)(C), added subpar. (C).
Subsec. (e)(5). Pub. L. 105–368, § 102(a)(4), added par. (5).
1997—Subsec. (a)(2)(B). Pub. L. 105–114, § 402(a), struck out “compensable” before “disability”.
Subsec. (a)(2)(F). Pub. L. 105–114, § 209(a)(1), substituted “other conditions” for “environmental hazard”.
Subsec. (e)(1)(C). Pub. L. 105–114, § 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, § 209(a)(3), substituted “the service” for “an exposure”.
Subsec. (f)(2)(B). Pub. L. 105–33, § 8021(a)(1), inserted “before
Subsec. (f)(4), (5). Pub. L. 105–33, § 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, § 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, § 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, § 101(d)(2), substituted “section 1712(a)” for “section 1712(b)”.
Subsec. (e)(1)(A), (B). Pub. L. 104–262, § 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
Subsec. (e)(1)(C). Pub. L. 104–262, § 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, § 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, § 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
Pub. L. 104–110 substituted “after
Subsec. (e)(4). Pub. L. 104–262, § 102(a)(2), added par. (4).
Subsec. (e)(4)(A). Pub. L. 104–275 substituted “during the period beginning on
Subsec. (f)(1). Pub. L. 104–262, § 101(d)(4)(A), substituted “subsection (a)(3)” for “subsection (a)(2)”.
Subsec. (f)(3)(E). Pub. L. 104–262, § 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, § 101(d)(4)(C), substituted “subsection (g)” for “section 1712(f) of this title”.
Subsec. (g). Pub. L. 104–262, § 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, § 101(b)(1), redesignated subsec. (g) as (h).
Subsec. (h). Pub. L. 104–262, § 101(b)(1), redesignated subsec. (g) as (h).
1994—Subsec. (e)(3). Pub. L. 103–452 substituted “
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, § 1(a)(1), substituted “substance, radiation, or environmental hazard” for “substance or radiation”.
Subsec. (e)(1)(C). Pub. L. 103–210, § 1(a)(2)(A), added subpar. (C).
Subsec. (e)(2). Pub. L. 103–210, § 1(a)(2)(B), substituted “subparagraph (A), (B), or (C)” for “subparagraph (A) or (B)”.
Subsec. (e)(3). Pub. L. 103–210, § 2(a), substituted “
Pub. L. 103–210, § 1(a)(2)(C), inserted before period at end “, or, in the case of care for a veteran described in paragraph (1)(C), after
1992—Subsec. (e)(2). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
1991—Pub. L. 102–83, § 5(a), renumbered section 610 of this title as this section.
Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351” in subpar. (C) and “1722(a)” for “622(a)” in subpar. (I).
Pub. L. 102–83, § 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, § 5(c)(1), substituted “1703” for “603” and “1720” for “620”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b)(2)(A). Pub. L. 102–83, § 5(c)(1), substituted “1503” for “503” and “1521(d)” for “521(d)”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1712(b)” for “612(b)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.
Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720” for “620”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (e)(1). Pub. L. 102–83, § 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, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1990—Subsec. (a)(1)(I). Pub. L. 101–508, § 8013(a)(1)(A), substituted “section 622(a)” for “section 622(a)(1)”.
Subsec. (a)(2). Pub. L. 101–508, § 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, § 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, § 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 “
1986—Subsec. (a). Pub. L. 99–576, § 237(a), inserted “who is in receipt of, or” after “veteran” in par. (1)(C).
Pub. L. 99–272, § 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, § 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, § 19011(d)(3)(B), substituted “subsection (a)(1)(G)” for “subsection (a)(5)”.
Subsec. (f). Pub. L. 99–272, § 19011(a)(2), added subsec. (f).
Subsec. (f)(3)(F). Pub. L. 99–576, § 237(b)(1), added subpar. (F).
Subsec. (g). Pub. L. 99–272, § 19011(a)(2), added subsec. (g).
1985—Subsec. (e)(3). Pub. L. 99–166 substituted “after
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, § 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, § 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, § 202(d)(1), inserted “, nursing home,” in section catchline.
Subsec. (a). Pub. L. 94–581, §§ 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, § 210(a)(1)(C), substituted “such person” for “he”.
Subsec. (b)(2). Pub. L. 94–581, §§ 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
Subsec. (c). Pub. L. 94–581, § 210(a)(1)(B), substituted “for which such veteran is hospitalized” for “for which he is hospitalized”.
Subsec. (d). Pub. L. 94–581, § 202(d)(4), substituted “direct jurisdiction” for “direct and exclusive jurisdiction”.
1973—Subsec. (a). Pub. L. 93–82, § 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
Subsec. (c). Pub. L. 93–82, § 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, § 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
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 Amendment
Amendment by Pub. L. 113–37 effective
Pub. L. 112–154, title I, § 102(d),
Pub. L. 109–461, title II, § 211(a)(5),
Amendment by section 202(b) of Pub. L. 107–135 effective
Amendment by section 101(f) of Pub. L. 106–117 effective
Pub. L. 106–117, title II, § 201(c), as added by Pub. L. 106–419, title II, § 224(c),
Pub. L. 105–33, title VIII, § 8023(g),
Amendment by Pub. L. 104–275 effective
Pub. L. 103–210, § 1(c)(1),
Pub. L. 102–145, § 111,
Pub. L. 102–109, § 111,
Pub. L. 101–508, title VIII, § 8013(d), (e),
Pub. L. 99–576, title II, § 237(c),
Pub. L. 99–272, title XIX, § 19011(f),
Pub. L. 97–37, § 5(d),
Amendment by Pub. L. 96–22 effective
Amendment by Pub. L. 94–581 effective
Amendment by Pub. L. 93–82 effective
Savings
Pub. L. 104–262, title I, § 102(b),
Pub. L. 100–322, title I, § 102(c),
Miscellaneous
Pub. L. 111–163, title II, § 205,
Pub. L. 111–163, title III, § 307,
Pub. L. 110–92, § 161, as added by Pub. L. 110–149, § 2,
Pub. L. 107–135, title II, § 210,
Pub. L. 107–135, title II, § 204,
Pub. L. 106–117, title III, § 303,
Pub. L. 105–368, title I, § 102(b),
Section 209(b) of Pub. L. 105–114 provided that:
Pub. L. 104–262, title III, § 322,
Pub. L. 104–262, title III, § 341,
Pub. L. 106–419, title II, § 224(d),
Pub. L. 104–110, title I, § 103,
Pub. L. 103–452, title I, § 105,
Pub. L. 103–210, § 1(c)(2),
Pub. L. 102–585, title I, § 106,
Pub. L. 102–585, title I, § 107,
Pub. L. 102–585, title I, § 108,
Pub. L. 102–585, title I, § 110,
Pub. L. 102–585, title V, § 525,
Pub. L. 99–272, title XIX, § 19011(e),
Pub. L. 99–166, title I, § 109,