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 III. MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS |
§ 1722A. Copayment for medications
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(a) (1) Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $2 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the amount of the charge may not be reduced. (2) The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication described in paragraph (1). (3) Paragraph (1) does not apply— (A) to a veteran with a service-connected disability rated 50 percent or more; (B) to a veteran who is a former prisoner of war; or (C) to a veteran whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title. (b) The Secretary, pursuant to regulations which the Secretary shall prescribe, may— (1) increase the copayment amount in effect under subsection (a); and (2) establish a maximum monthly and a maximum annual pharmaceutical copayment amount under subsection (a) for veterans who have multiple outpatient prescriptions. (c) Amounts collected under this section shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund.
Amendments
2003—Subsec. (a)(3)(B), (C). Pub. L. 108–170 added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (c). Pub. L. 108–7, § 113(c)(1), substituted “under this section” for “under subsection (a)” in first sentence and struck out second sentence which read as follows: “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.”
Subsec. (d). Pub. L. 108–7, § 113(c)(2), struck out subsec. (d) which read as follows: “The provisions of subsection (a) expire on
1999—Subsec. (b). Pub. L. 106–117, § 201(a)(1), (2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106–117, § 201(a)(1), (3), redesignated subsec. (b) as (c), substituted “subsection (a)” for “this section”, and inserted at end “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 106–117, § 201(a)(1), redesignated subsec. (c) as (d).
1997—Subsec. (b). Pub. L. 105–33, § 8023(b)(3), substituted “Medical Care Collections Fund” for “Medical-Care Cost Recovery Fund”.
Subsec. (c). Pub. L. 105–33, § 8021(b), substituted “
1994—Subsec. (a)(1). Pub. L. 103–446 substituted “veteran to pay” for “veteran) to pay”.
1993—Subsec. (c). Pub. L. 103–66 substituted “1998” for “1992” in first sentence and struck out at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through
1992—Subsec. (a)(1). Pub. L. 102–568, § 605(a)(1), struck out “(other than a veteran with a service-connected disability rated 50 percent or more” after “require a veteran”.
Subsec. (a)(3). Pub. L. 102–568, § 605(a)(2), added par. (3).
Subsec. (c). Pub. L. 102–568, § 606(a), inserted at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through
1991—Pub. L. 102–83 renumbered section 622A of this title as this section.
Subsec. (c). Pub. L. 102–139, as amended by Pub. L. 102–229, substituted “
Effective Date Of Amendment
Amendment by section 8023(b)(3) of Pub. L. 105–33 effective
Pub. L. 102–568, title VI, § 605(b),
Miscellaneous
Section to remain in effect through the period covered by Pub. L. 102–145, see section 111 of Pub. L. 102–145, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title.
Section to remain in effect through the period covered by Pub. L. 102–109, see section 111 of Pub. L. 102–109, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title.
Pub. L. 101–508, title VIII, § 8012(b),