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38 U.S.C. § 1720J — Emergent suicide care

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

38 U.S.C. § 1720J — Emergent suicide care

**(a) Emergent Suicide Care.—** Pursuant to this section, the Secretary shall— (1) furnish emergent suicide care to an eligible individual at a medical facility of the Department; (2) pay for emergent suicide care provided to an eligible individual at a non-Department facility; and (3) reimburse an eligible individual for emergent suicide care provided to the eligible individual at a non-Department facility. **(b) Eligibility.—** An individual is eligible for emergent suicide care under subsection (a) if the individual is in an acute suicidal crisis and is either of the following: (1) A veteran (as defined in section 101). (2) An individual described in [section 1720I(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720I/b&num=0&edition=prelim). **(c) Period of Care.—** (1) Emergent suicide care provided under subsection (a) shall be furnished to an eligible individual— (A) through inpatient or crisis residential care, for a period not to exceed 30 days; or (B) if care under subparagraph (A) is unavailable, or if such care is not clinically appropriate, as outpatient care for a period not to exceed 90 days. (2) If, upon the expiration of a period under paragraph (1), the Secretary determines that the eligible individual remains in an acute suicidal crisis, the Secretary may extend such period as the Secretary determines appropriate. **(d) Notification.—** An eligible individual who receives emergent suicide care under subsection (a) at a non-Department facility (or a person acting on behalf of the individual) shall notify the Secretary of such care within seven days of admission to such facility. **(e) Outreach.—** During any period when an eligible individual is receiving emergent suicide care under subsect

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Source location: Title 38, Chapter 17, § 1720J; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a) Emergent Suicide Care.—** Pursuant to this section, the Secretary shall— (1) furnish emergent suicide care to an eligible individual at a medical facility of the Department; (2) pay for emergent suicide care provided to an eligible individual at a non-Department facility; and (3) reimburse an eligible individual for emergent suicide care provided to the eligible individual at a non-Department facility. **(b) Eligibility.—** An individual is eligible for emergent suicide care under subsection (a) if the individual is in an acute suicidal crisis and is either of the following: (1) A veteran (as defined in section 101). (2) An individual described in [section 1720I(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720I/b&num=0&edition=prelim). **(c) Period of Care.—** (1) Emergent suicide care provided under subsection (a) shall be furnished to an eligible individual— (A) through inpatient or crisis residential care, for a period not to exceed 30 days; or (B) if care under subparagraph (A) is unavailable, or if such care is not clinically appropriate, as outpatient care for a period not to exceed 90 days. (2) If, upon the expiration of a period under paragraph (1), the Secretary determines that the eligible individual remains in an acute suicidal crisis, the Secretary may extend such period as the Secretary determines appropriate. **(d) Notification.—** An eligible individual who receives emergent suicide care under subsection (a) at a non-Department facility (or a person acting on behalf of the individual) shall notify the Secretary of such care within seven days of admission to such facility. **(e) Outreach.—** During any period when an eligible individual is receiving emergent suicide care under subsection (a), the Secretary shall— (1) ensure that— (A) in the case of an eligible individual whom the Veterans Crisis Line recommends to seek emergent suicide care at a medical facility of the Department, the Veterans Crisis Line notifies the Suicide Prevention Coordinator of such medical facility; (B) in the case of an eligible individual who presents at a medical facility of the Department in an acute suicidal crisis without a recommendation by the Veterans Crisis Line, the Secretary notifies the Suicide Prevention Coordinator; (C) in the case of an eligible individual whom the Veterans Crisis Line recommends to seek treatment at a non-Department facility, the Veterans Crisis Line notifies the Suicide Prevention Coordinator and the Office of Community Care at the medical facility of the Department located nearest to the eligible individual; and (D) in the case of an eligible individual who presents at a non-Department facility in an acute suicidal crisis without a recommendation by the Veterans Crisis Line and for whom the Secretary receives a notification under subsection (d), the Secretary notifies the Suicide Prevention Coordinator and the Office of Community Care at the medical facility of the Department located nearest to the eligible individual; (2) determine the eligibility of the eligible individual for other programs and benefits under the laws administered by the Secretary (or shall make such determination as soon as practicable following the period of such emergent suicide care); and (3) make referrals for care following the period of such emergent suicide care, as the Secretary determines appropriate. **(f) Prohibition on Charge.—** (1) If the Secretary provides emergent suicide care to an eligible individual under subsection (a), the Secretary— (A) may not charge the eligible individual for any cost of such emergent suicide care; and (B) shall pay for any costs of emergency transportation to a facility for such emergent suicide care (as such costs are determined pursuant to [section 1725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725&num=0&edition=prelim), to the extent practicable). (2) (A) In addition to the requirements of paragraph (1), if the Secretary pays for emergent suicide care provided under subsection (a) to an eligible individual at a non-Department facility, the Secretary shall reimburse the facility for the reasonable value of such emergent suicide care. (B) (i) In carrying out subparagraph (A), the Secretary may determine the amount to reimburse a non-Department facility in a similar manner to the manner in which the Secretary determines reimbursement amounts for that non-Department facility for medical care and services provided under another provision of this chapter. (ii) The requirements of [section 1725(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725/c/3&num=0&edition=prelim) shall apply with respect to payments made under subparagraph (A) of this paragraph. (3) In the case of an eligible individual who receives emergent suicide care under this section and who is entitled to emergent suicide care (or payment for emergent suicide care) under a health-plan contract, the Secretary may recover the costs of such emergent suicide care provided under this section, other than for such care for a service-connected disability. (4) In carrying out subsection (d), the Secretary may not charge an eligible individual for any cost of emergent suicide care provided under subsection (a) solely by reason of the Secretary not having been notified of such care pursuant to such subsection. **(g) Annual Report.—** Not less than once each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on emergent suicide care provided under subsection (a). Each such report shall include, for the year covered by the report— (1) the number of eligible individuals who received emergent suicide care under subsection (a); (2) demographic information regarding eligible individuals described in paragraph (1); (3) the types of care furnished or paid for this section; 11 So in original. Probably should be “under this section;”. and (4) the total cost of providing care under subsection (a). **(h) Definitions.—** In this section: (1) The term “acute suicidal crisis” means that an individual was determined to be at imminent risk of self-harm by a trained crisis responder or health care provider. (2) The term “crisis residential care” means crisis stabilization care provided— (A) in a residential setting; and (B) in a facility other than a hospital. (3) The term “crisis stabilization care” includes, with respect to an individual in acute suicidal crisis, care that ensures, to the extent practicable, immediate safety and reduces— (A) the severity of distress; (B) the need for urgent care; or (C) the likelihood that the distress under subparagraph (A) or need under subparagraph (B) will increase during the transfer of that individual from a facility at which the individual has received care for that acute suicidal crisis. (4) The term “emergent suicide care” means crisis stabilization care provided to an eligible individual— (A) pursuant to a recommendation of the eligible individual from the Veterans Crisis Line; or (B) who presents at a medical facility in an acute suicidal crisis. (5) The term “health-plan contract” has the meaning given such term in [section 1725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725&num=0&edition=prelim). (6) The term “Veterans Crisis Line” means the hotline under [section 1720F(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720F/h&num=0&edition=prelim).

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

38 U.S.C. § 1725 — Reimbursement for emergency treatment

**(a) General Authority.—** (1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility. (2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly— (A) to a hospital or other health care provider that furnished the treatment; or (B) to the person or organization that paid for such treatment on behalf of the veteran. **(b) Eligibility.—** (1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility. (2) A veteran is an active Department health-care participant if— (A) the veteran is enrolled in the health care system established under [section 1705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705/a&num=0&edition=prelim); and (B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment. (3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran— (A) is financially liable to the provider of emergency treatment for that treatment; (B) has no entitlement to care or services under a health-plan contract (determined, in the case of a health-plan contract as defined in subsection (h)(2)(B) or (h)(2)(C), without regard to any requirement or limitation relating to eligibility for care or servi

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

38 U.S.C. § 1720J — Emergent suicide care

Page 443 TITLE 38—VETERANS’ BENEFITS § 1720J Affairs, and Related Agencies Appropria- tions Act, 2018; or (B) 180 days after the date on which the in- dividual was discharged or released from the active military, naval, air, or space service; (2) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); (3) shall ensure that information about the mental health care services available under this section— (A) is revised and updated as appropriate; (B) is made available and visibly posted at appropriate facilities of the Department; and (C) is made available to State veteran agencies and through appropriate public in- formation services; and (4) shall include coordination with the Sec- retary of Defense seeking to ensure that mem- bers of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appro- priate information about programs, require- ments, and procedures for applying for mental health care services under this section. (f) ANNUAL REPORTS.—(1) Not later than Feb- ruary 15 each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the mental and behavioral health care services pro- vided under this section. (2) Each report submitted under paragraph (1) shall include, with respect to the year preceding the submittal of the report, the following: (A) The number of eligible individuals who were furnished mental or behavioral health care services under this section, disaggregated by the number of men who received such serv- ices and the number of women who received such services. (B) The number of individuals who requested

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1720J

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