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United States Code (Last Updated: May 24, 2014) |
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Title 38. VETERANS’ BENEFITS |
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Part II. GENERAL BENEFITS |
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Chapter 17. HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE |
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SubChapter II. HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT |
§ 1712. Dental care; drugs and medicines for certain disabled veterans; vaccines
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(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 180 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 180 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 180 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 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.
Prior Provisions
Prior section 1712 was renumbered section 3512 of this title.
Amendments
2008—Subsec. (a)(1)(B)(iii). Pub. L. 110–181 substituted “180 days after such discharge” for “90 days after such discharge”, “180 days from the date of such veteran’s subsequent discharge” for “90 days from the date of such veteran’s subsequent discharge”, and “180 days after the date of correction” for “90 days after the date of correction”.
2003—Subsec. (a)(1)(F). Pub. L. 108–170 struck out “and who was detained or interned for a period of not less than 90 days” after “war”.
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, § 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, § 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 “
Subsec. (b). Pub. L. 104–262, § 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, § 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, § 101(b)(2), redesignated subsec. (f) as subsec. (g) of section 1710 of this title.
Subsec. (h). Pub. L. 104–262, § 101(c)(1)(B), redesignated subsec. (h) as (d).
Subsec. (i). Pub. L. 104–262, § 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, § 101(c)(1)(B), redesignated subsec. (j) as (e).
1994—Subsec. (a)(1)(D). Pub. L. 103–452, § 103(a)(2), substituted “
Subsec. (i)(1). Pub. L. 103–452, § 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, § 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, § 1201(d)(3)(A), substituted “section 1722(a)(3)” for “section 1722(a)(1)(C)”.
Subsec. (j). Pub. L. 103–446, § 1201(d)(3)(B), substituted “Section 7316” for “Section 4116”.
1993—Subsec. (a)(1)(D). Pub. L. 103–210, § 1(b)(1), added subpar. (D).
Subsec. (a)(7). Pub. L. 103–210, § 1(b)(2), added par. (7).
1992—Subsec. (i)(2)(C). Pub. L. 102–585 added cl. (C).
1991—Pub. L. 102–83, § 5(a), renumbered section 612 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (a)(1)(C). Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351”.
Subsec. (a)(2)(B). Pub. L. 102–83, § 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, § 5(c)(1), substituted “1710” for “610”.
Subsec. (a)(6). Pub. L. 102–83, § 5(c)(1), substituted “1703” for “603”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (b)(1)(B)(ii). Pub. L. 102–25, § 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, § 301, amended subsec. (b)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by adding subpar. (H).
Subsec. (b)(2). Pub. L. 102–25, § 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, § 302, amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “$1,000” for “$500”.
Pub. L. 102–83, § 5(c)(1), substituted “1703(a)” for “603(a)”.
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”.
Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b)(4)(A). Pub. L. 102–83, § 5(c)(1), substituted in two places “1703” for “603” and “1710(c)” for “610(c)”.
Subsec. (b)(4)(B). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions.
Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (f). Pub. L. 102–83, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2).
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in pars. (2) and (4).
Subsec. (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–25, § 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, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.
Subsec. (j). Pub. L. 102–83, § 4(b)(5), substituted “the Secretary of Health and Human Services” for “the Secretary” in second and third sentences.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in first sentence.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.
1990—Subsec. (f)(1). Pub. L. 101–508, § 8013(b)(1), substituted “section 610(a)(2)” for “section 610(a)(2)(B)”.
Subsec. (f)(3) to (7). Pub. L. 101–508, § 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, § 101(h)(1), substituted “Eligibility for outpatient services” for “Eligibility for medical treatment” in section catchline.
Subsec. (a)(1). Pub. L. 100–322, § 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, § 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, § 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, § 101(f)(1), substituted “at the time of the veteran’s” for “at time of”.
Subsec. (b)(1)(B)(ii). Pub. L. 100–322, § 101(f)(2), substituted “180 days” for “one hundred and eighty days”.
Subsec. (b)(1)(B)(iii). Pub. L. 100–322, § 101(f)(3), substituted “90 days” for “ninety days” in four places.
Subsec. (b)(1)(B)(iv). Pub. L. 100–322, § 101(f)(4), substituted “90-day” for “ninety-day”.
Subsec. (b)(1)(F). Pub. L. 100–322, §§ 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, § 101(g)(1)(A), redesignated subpar. (H) as (G). Former subpar. (G) redesignated (F).
Subsec. (b)(4)(A). Pub. L. 100–322, § 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, § 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, § 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, § 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, § 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, § 101(e)(1)(D), redesignated par. (4)(D) as (4).
Subsec. (f)(5). Pub. L. 100–322, § 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, § 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, § 101(e)(1)(D), (E), redesignated par. (4)(G) as (7) and substituted “this subsection” for “this paragraph”.
Subsec. (g). Pub. L. 100–322, § 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, § 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, § 101(d)(2), transferred subsec. (k) to section 617(a)(3) of this title.
1986—Subsec. (a). Pub. L. 99–272, § 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, § 202(1), substituted “Subject to subsection (k) of this section, as” for “As”.
Subsec. (b)(3). Pub. L. 99–272, § 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, § 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, § 19012(c)(2), substituted “section 603” for “section 601(4)(C)” in two places.
Subsec. (f). Pub. L. 99–272, § 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, § 202(1), substituted “Subject to subsection (k) of this section, as” for “As”.
Subsec. (f)(4)(D) to (G). Pub. L. 99–576, § 237(b)(2), added subpar. (D) and redesignated former subpars. (D) to (F) as (E) to (G), respectively.
Subsec. (g). Pub. L. 99–272, § 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, § 19011(b)(4), added par. (6).
Subsec. (j). Pub. L. 99–576, § 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, § 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, § 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, § 4(17)(C), substituted “percent” for “per centum”.
Subsec. (h). Pub. L. 97–295, § 4(17)(D), inserted “of this title” after “chapter 11”.
Subsec. (i). Pub. L. 97–295, § 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, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”.
1981—Subsec. (b). Pub. L. 97–72, § 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, § 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, § 103(b)(1), substituted “paragraph (1)(B)” for “clause (2)”.
Subsec. (f). Pub. L. 97–72, § 103(b)(2), substituted “clause (G) of subsection (b)(1)” for “subsection (b)(7)”.
Subsec. (f)(3). Pub. L. 97–37, § 5(b), added cl. (3).
Subsec. (i)(4). Pub. L. 97–72, § 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, § 5(c), added cl. (4). Former cl. (4) redesignated (5).
Subsec. (i)(5). Pub. L. 97–37, § 5(c)(1), redesignated former cl. (4) as (5).
1979—Subsec. (b). Pub. L. 96–151, § 203, inserted provisions relating to the total amount the Administrator may expend.
Pub. L. 96–22, § 102(b)(1), added pars. (7) and (8) and inserted provisions following par. (8).
Subsec. (f). Pub. L. 96–22, § 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, § 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, § 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, §§ 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, § 103(a)(2), added par. (5) and redesignated former par. (5) as (6).
Subsec. (d). Pub. L. 94–581, § 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, § 202(f)(1), substituted “Indian Wars” for “Indian wars”.
Subsec. (f). Pub. L. 94–581, §§ 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, §§ 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, § 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, § 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, § 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, § 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 Amendment
Amendment by Pub. L. 103–210 effective as of
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
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
Amendment by section 237(b)(2) of Pub. L. 99–576 effective
Amendment by section 19011(b) of Pub. L. 99–272 applicable to hospital care, nursing home care, and medical services furnished on or after
Amendment by section 5(b), (c) of Pub. L. 97–37 effective
Pub. L. 97–35, title XX, § 2002(b),
Amendment by Pub. L. 96–151 effective
Amendment by section 102(b) of Pub. L. 96–22 effective
Amendment by Pub. L. 95–588 effective
Amendment by Pub. L. 94–581 effective
Amendment by Pub. L. 93–82 effective
Amendment by Pub. L. 91–588 effective
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after
Amendment by Pub. L. 88–664 effective
Savings
Provisions of subsec. (a) of this section, as in effect on
Miscellaneous
Pub. L. 111–163, title V, § 510,
Any action taken by Secretary of Veterans Affairs before
Pub. L. 100–322, title I, § 101(g)(2),
Pub. L. 100–322, title I, § 113,
Pub. L. 100–322, title I, § 115(a)–(f),
Pub. L. 100–322, title I, § 114,
Pub. L. 99–576, title II, § 235,
Pub. L. 97–72, title I, §103(c),
Pub. L. 96–22, title V, § 505,
Pub. L. 94–581, title I, § 103(b),
Pub. L. 94–581, title I, § 117(b),