38 U.S.C. § 1712
38 U.S.C. § 1712
EDITORIAL NOTES
PRIOR PROVISIONSPrior section 1712 was renumbered section 3512 of this title.
AMENDMENTS2021-Subsec. (a). Pub. L. 116-283 substituted "air, or space service" for "or air service" wherever appearing. 2018-Subsec. (a)(3). Pub. L. 115-182, §144(a)(1)(A)(i), substituted "or entered an agreement" for "under clause (1), (2), or (5) of section 1703(a) of this title".Subsec. (a)(4)(A). Pub. L. 115-182, §144(a)(1)(A)(ii), struck out "under the provisions of this subsection and section 1703 of this title" after "amount for expenditures for contract dental care". 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 "December 31, 1996" for "December 31, 1995". 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 "December 31, 1995" for "December 31, 1994". 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, 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, 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, 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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-182, title I, §144(b), June 6, 2018, 132 Stat. 1430, provided that: "The amendments made by subsection (a) [amending this section and sections 1712A and 2303 of this title and section 1395cc of Title 42, The Public Health and Welfare, and amending provisions set out as a note under section 1117 of this title] shall take effect on the date described in section 101(b) [June 6, 2019, see note set out under section 1703 of this title]."
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-210 effective as of Aug. 2, 1990, see section 1(c)(1) of Pub. L. 103-210 set out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 to remain in effect through the period covered by Pub. L. 102-145 see section 111 of Pub. L. 102-145 set out as a note under section 1710 of this title.Amendment by Pub. L. 101-508 to remain in effect through the period covered by Pub. L. 102-109 see section 111 of Pub. L. 102-109 set out as a note under section 1710 of this title.Amendment by Pub. L. 101-508 applicable with respect to hospital care and medical services received after Nov. 5, 1990, see section 8013(d) of Pub. L. 101-508 as amended, set out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 101(a)-(c), (d)(2), (e)(1), (2), (f), (g)(1), (h)(1) of Pub. L. 100-322 applicable with respect to furnishing of medical services to veterans who apply for such services after June 30, 1988, see section 101(i) of Pub. L. 100-322 set out as a note under section 1703 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by section 237(b)(2) of Pub. L. 99-576 effective Apr. 7, 1986, see section 237(c) of Pub. L. 99-576 set out as a note under section 1710 of this title.Amendment by section 19011(b) of Pub. L. 99-272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Pub. L. 99-272 set out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 5(b), (c) of Pub. L. 97-37 effective Oct. 1, 1981, see section 5(d) of Pub. L. 97-37 set out as a note under section 1710 of this title. Pub. L. 97-35, title XX, §2002(b), Aug. 13, 1981, 95 Stat. 782, provided that:"(b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of subsection (a) [amending this section] shall take effect on October 1, 1981."(2) The amendment made by clause (1)(B) of subsection (a) [amending this section] shall apply only to veterans discharged or released from active military, naval, or air service after September 30, 1981."
EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206 of Pub. L. 96-151 set out as a note under section 111 of this title. Amendment by section 102(b) of Pub. L. 96-22 effective Oct. 1, 1979, see section 107 of Pub. L. 96-22 set out as a note under section 1701 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588 set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581 set out as a note under section 111 of this title.
EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82 set out as a note under section 1701 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588 set out as a note under section 1521 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77 set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 of Pub. L. 88-664 set out as a note under section 1503 of this title.
SAVINGS PROVISIONProvisions of subsec. (a) of this section, as in effect on Oct. 8, 1996, to continue to apply on and after such date with respect to furnishing of hospital care, nursing home care, and medical services for any veteran who was furnished such care before Oct. 9, 1996, on the basis of presumed exposure to a substance of radiation, but only for treatment for disability for which such care or services were furnished before Oct. 9, 1996, see section 102(b) of Pub. L. 104-262 set out as a note under section 1710 of this title.
PILOT PROGRAM ON PROVISION OF DENTAL INSURANCE PLANS TO VETERANS AND SURVIVORS AND DEPENDENTS OF VETERANS Pub. L. 111-163, title V, §510, May 5, 2010, 124 Stat. 1162, required the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of providing a dental insurance plan to certain veterans and survivors and dependents of veterans, prior to repeal by Pub. L. 114-218, §2(b)(1), July 29, 2016, 130 Stat. 843. See section 1712C of this title.
RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITYAny action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104-110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104-110 set out as a note under section 1710 of this title.
DISABILITY OF VETERANS OF SPANISH-AMERICAN WAR Pub. L. 100-322, title I, §101(g)(2), May 20, 1988, 102 Stat. 492, as amended by Pub. L. 102-83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "Any disability of a veteran of the Spanish-American War, upon application for outpatient medical services under section 1712 or 1724 of title 38, United States Code, shall be considered for the purposes thereof to be a service-connected disabilty [sic] and, for the purposes of section 1712(b) of such title, to be compensable in degree."
PILOT PROGRAM OF MOBILE HEALTH-CARE CLINICS Pub. L. 100-322, title I, §113, May 20, 1988, 102 Stat. 499, authorized Administrator of Veterans' Affairs to conduct a pilot program under which eligible veterans residing in areas which are at least 100 miles from the nearest Veterans' Administration health-care facility are furnished health-care services at a location convenient to their residences by Veterans' Administration employees furnishing such services through the use of appropriately equipped mobile health-care clinics, provided that the pilot program be conducted for a period of not less than 24 months, and required Administrator to submit to Committees on Veterans' Affairs of Senate and House of Representatives interim and final reports on the project.
PILOT PROGRAM OF COMMUNITY-BASED RESIDENTIAL CARE FOR HOMELESS CHRONICALLY MENTALLY ILL AND OTHER VETERANS Pub. L. 100-322, title I, §115(a) -(f), May 20, 1988, 102 Stat. 501, as amended by Pub. L. 101-237, title II, §201(c), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102-83, §§5(c)(2), Aug. 6, 1991, 6, Aug. 6, 1991, 105 Stat. 406, 409; Pub. L. 102-405, title I, §107(h), Oct. 9, 1992, 106 Stat. 1978; Pub. L. 103-452, title I, §103(e), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104-110, title I, §102(a), Feb. 13, 1996, 110 Stat. 769; Pub. L. 104-275, title VI, §601(a), Oct. 9, 1996, 110 Stat. 3344, provided for a pilot program to provide care and treatment in community-based facilities to homeless veterans suffering from chronic mental illness, prior to repeal by Pub. L. 105-114, title II, §202(c)(4), Nov. 21, 1997, 111 Stat. 2287.
REPORT ON TREATMENT AND SERVICES FOR CHRONICALLY MENTALLY ILL VETERANS Pub. L. 100-322, title I, §114, May 20, 1988, 102 Stat. 500, directed that the report required by section 235 of Pub. L. 99-576 [see below] include additional information about veterans being treated by the Veterans' Administration for mental illness disabilities who were furnished hospital, domiciliary, or nursing home care by the Administrator during fiscal years 1986, 1987, and 1988, and extended the deadline for submission of the report to not later than Dec. 15, 1988. Pub. L. 99-576, title II, §235, Oct. 28, 1986, 100 Stat. 3266, directed Administrator to submit to Committees on Veterans' Affairs of Senate and House of Representatives not later than Dec. 15, 1987, a report on Administrator's current use of authority to contract for care and treatment, and for rehabilitative services, for chronically mentally ill veterans through various types of facilities and to furnish home health services to such veterans in such veterans' homes or in other settings in which they reside.
VETERANS DISCHARGED OR RELEASED FROM ACTIVE SERVICE WHO REENTERED SUCH SERVICE WITHIN ONE YEAR, AND WERE DISCHARGED OR RELEASED BEFORE AUGUST 13, 1981 Pub. L. 97-72, title I, §103(c), Nov. 3, 1981, 95 Stat. 1049, as amended by Pub. L. 102-83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:"(1) Section 1712(b)(1)(B)(iii)(I) [now 1712(a)(1)(B)(iii)(I), formerly 612(b)(1)(B)(iii)(I)] of title 38, United States Code, shall apply only to veterans discharged or released from active military, naval, or air service after August 12, 1981."(2) A veteran who before August 13, 1981-"(A) was discharged or released from active military, naval, or air service,"(B) reentered such service within one year after the date of such discharge or release, and"(C) was discharged or released from such subsequent service,may be provided dental services and treatment in the same manner as provided for in section 1712(b) [now 1712(a), formerly 612(b)] of title 38, United States Code, if the veteran is otherwise eligible for such services and treatment and if application for such services and treatment is or was made within one year from the date of such subsequent discharge or release."
STUDY OF HOME MODIFICATIONS FOR TOTALLY BLINDED SERVICE-CONNECTED VETERANS; REPORT NOT LATER THAN OCTOBER 1, 1979 Pub. L. 96-22, title V, §505, June 13, 1979, 93 Stat. 67, directed Administrator of Veterans' Affairs to submit a report to Committees on Veterans' Affairs of Senate and House of Representatives not later than Oct. 1, 1979, on needs of veterans who are totally blind from service-connected causes for home modifications the cost of which would exceed the amount allowable for such purposes under subsec. (a) of this section and on reasons why such veterans have not applied for home health services.
ANNUAL REPORT TO CONGRESS ON RESULTS OF REGULATIONS PRESCRIBED TO CARRY OUT SPECIAL PRIORITIES IN FURNISHING MEDICAL SERVICES Pub. L. 94-581, title I, §103(b), Oct. 21, 1976, 90 Stat. 2845, as amended by Pub. L. 100-527, §10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102-83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that not later than one year after Oct. 21, 1976, and annually thereafter, the Secretary of Veterans Affairs was to report to the Congress on the results of the regulations prescribed to carry out former subsec. (i) of this section.
NOTIFICATION TO ELIGIBLE INDIVIDUALS OF EXPANDED CARE AND SERVICES AVAILABLE AS RESULT OF AMENDMENTS BY VETERANS OMNIBUS HEALTH CARE ACT OF 1976 Pub. L. 94-581, title I, §117(b), Oct. 21, 1976, 90 Stat. 2855, directed Administrator, not later than ninety days after Oct. 21, 1976, to take all appropriate steps to ensure that each individual eligible for new or expanded services as a result of amendments made by Veterans Omnibus Health Care Act of 1976 (Pub. L. 94-581) was personally notified about his or her eligibility and the way to secure care and services and directed Administrator to send copies of all notification forms to appropriate House and Senate committees, along with a description of how the forms were distributed.