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 |
§ 1720A. Treatment and rehabilitative services for persons with drug or alcohol dependency
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(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.
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, § 114(a), substituted “may be transferred” for “may not be transferred” in first sentence.
Pub. L. 106–117, § 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, § 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, § 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, § 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, § 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
“(f)(1) During the period beginning on
“(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
“(B) Not later than
“(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 “
1994—Subsec. (e). Pub. L. 103–452 substituted “
1991—Pub. L. 102–83, § 5(a), renumbered section 620A of this title as this section.
Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in pars. (1) and (2).
Subsec. (d). Pub. L. 102–83, § 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, § 5, by substituting “
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (f). Pub. L. 102–83, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1988—Subsec. (e). Pub. L. 100–689, § 502(a)(1), substituted “1991” for “1988”.
Subsec. (f). Pub. L. 100–689, § 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
“(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
1985—Pub. L. 99–166, § 101(b)(1), struck out “; pilot program” after “disabilities” in section catchline.
Subsec. (a)(1). Pub. L. 99–166, § 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, § 101(a)(2), substituted “
Pub. L. 99–108 substituted “
Subsec. (f). Pub. L. 99–166, § 101(a)(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Not later than
1982—Subsec. (d)(1). Pub. L. 97–258 substituted “sections 1535 and 1536 of title 31” for “the Act of
Subsec. (f). Pub. L. 97–251 substituted “
1979—Subsec. (a)(1). Pub. L. 96–128, § 501(c)(1), substituted “treatment facilities for” for “treatment facilities of”.
Subsec. (d)(2). Pub. L. 96–128, § 501(c)(2), substituted “such request unless” for “such request, unless”.
Effective Date Of Amendment
Amendment by Pub. L. 96–128 effective
Effective Date
Section effective
Miscellaneous
Pub. L. 110–387, title I, §§ 102–105,
Any action taken by Secretary of Veterans Affairs before
Pub. L. 104–110, title II, § 202(a),
Pub. L. 102–54, § 8,
Pub. L. 100–690, title II, § 2501,
Pub. L. 100–689, title V, § 502(a)(2),