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38 U.S.C. § 8158 — Deposit in escrow

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8158 — Deposit in escrow

**(a)** To facilitate the procurement of medical equipment pursuant to [section 8157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8157&num=0&edition=prelim), the Secretary may enter into escrow agreements with institutions described in [section 8153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8153/a&num=0&edition=prelim). Any such agreement shall provide that— (1) the institutions shall pay to the Secretary the funds necessary to make a payment under [section 8157(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8157/b/4&num=0&edition=prelim); (2) the Secretary, as escrow agent, shall administer those funds in an escrow account; and (3) the Secretary shall disburse the escrowed funds to pay for such equipment upon its delivery or in accordance with the contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the institution. **(b)** As escrow agent for funds placed in escrow pursuant to an agreement under subsection (a), the Secretary may— (1) invest the escrowed funds in obligations of the Federal Government or obligations which are insured or guaranteed by the Federal Government; (2) retain in the escrow account interest or other earnings on such investments; (3) disburse the funds pursuant to the escrow agreement; and (4) return undisbursed funds to the institution. **(c)** (1) If the Secretary enters into an escrow agreement under this section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is available in an appropriation or fund for the expenditure or obligation. (2) Funds held in a

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Source location: Title 38, Chapter 81, § 8158; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8157 — Joint title to medical equipment

**(a)** Subject to subsection (b), the Secretary may enter into agreements with institutions described in [section 8153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8153/a&num=0&edition=prelim) for the joint acquisition of medical equipment. **(b)** (1) The Secretary may not pay more than one-half of the purchase price of equipment acquired through an agreement under subsection (a). (2) Any equipment to be procured under such an agreement shall be procured by the Secretary. Title to such equipment shall be held jointly by the United States and the institution. (3) Before equipment acquired under such an agreement may be used, the parties to the agreement shall arrange by contract under [section 8153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8153&num=0&edition=prelim) for the exchange or use of the equipment. (4) The Secretary may not contract for the acquisition of medical equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement provides to the Secretary its share of the purchase price of the medical equipment. **(c)** (1) Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the institution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical considerations or the economic interest of the Department. Any such transfer may only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8158 — Deposit in escrow

Page 1367 TITLE 38—VETERANS’ BENEFITS § 8158 § 8156. Coordination with health services devel- opment activities carried out under the Na- tional Health Planning and Resources Devel- opment Act of 1974 The Secretary and the Secretary of Health and Human Services shall, to the maximum extent practicable, coordinate programs carried out under this subchapter and programs carried out under part F of title XVI of the Public Health Service Act (42 U.S.C. 300t et seq.). (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5056; amended Pub. L. 94–581, title I, § 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; Pub. L. 97–295, § 4(93), (95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8156, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes REFERENCES IN TEXT The National Health Planning and Resources Devel- opment Act of 1974, referred to in section catchline, is Pub. L. 93–641, Jan. 4, 1975, 88 Stat. 2225, which is classi- fied generally to subchapters XIII (§ 300k et seq.) and XIV (§ 300o et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out under section 201 of Title 42 and Tables. The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Part F of title XVI of the Public Health Service Act was added by act Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2273, and was redesig- nated as Part D by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. Part D of that Act is classified gen- erally to Part D (§ 300t) of subchapter XIV of chapter 6A of Title 42. For complete classification

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