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38 U.S.C. § 1705 — Management of health care: patient enrollment system

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

38 U.S.C. § 1705 — Management of health care: patient enrollment system

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Source file: Laws/federal/codes/united-states-code/title-38/section-1705-management-of-health-care-patient-enrollment-system--d0eeebb61b.md
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Source location: Title 38, Chapter 17, § 1705; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a)** In managing the provision of hospital care and medical services under [section 1710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a&num=0&edition=prelim), the Secretary, in accordance with regulations the Secretary shall prescribe, shall establish and operate a system of annual patient enrollment. The Secretary shall manage the enrollment of veterans in accordance with the following priorities, in the order listed: (1) Veterans with service-connected disabilities rated 50 percent or greater and veterans who were awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14. (2) Veterans with service-connected disabilities rated 30 percent or 40 percent. (3) Veterans who are former prisoners of war or who were awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described in subparagraphs (B) and (C) of [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim). (4) Veterans who are in receipt of increased pension based on a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled. (5) Veterans not covered by paragraphs (1) through (4) who are unable to defray the expenses of necessary care as determined under [section 1722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722/a&num=0&edition=prelim). (6) All other veterans eligible for hospital care, medical services, and nursing home care under [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim). (7) Veterans described in [section 1710(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/3&num=0&edition=prelim) who are eligible for treatment as a low-income family under section 3(b) of the United States Housing Act of 1937 ([42 U.S.C. 1437a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/b&num=0&edition=prelim)) for the area in which such veterans reside, regardless of whether such veterans are treated as single person families under paragraph (3)(A) of such section 3(b) or as families under paragraph (3)(B) of such section 3(b). (8) Veterans described in [section 1710(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/3&num=0&edition=prelim) who are not covered by paragraph (7). **(b)** In the design of an enrollment system under subsection (a), the Secretary— (1) shall ensure that the system will be managed in a manner to ensure that the provision of care to enrollees is timely and acceptable in quality; (2) may establish additional priorities within each priority group specified in subsection (a), as the Secretary determines necessary; and (3) may provide for exceptions to the specified priorities where dictated by compelling medical reasons. **(c)** (1) The Secretary may not provide hospital care or medical services to a veteran under paragraph (2) or (3) of [section 1710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a&num=0&edition=prelim) unless the veteran enrolls in the system of patient enrollment established by the Secretary under subsection (a). (2) The Secretary shall provide hospital care and medical services under [section 1710(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/1&num=0&edition=prelim), and under subparagraph (B) of [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim), for the 12-month period following such veteran’s discharge or release from service, to any veteran referred to in such sections for a disability specified in the applicable subparagraph of such section, notwithstanding the failure of the veteran to enroll in the system of patient enrollment referred to in subsection (a) of this section.

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

38 U.S.C. § 1710 — Eligibility for hospital, nursing home, and domiciliary care

**(a)** (1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed— (A) to any veteran for a service-connected disability; and (B) to any veteran who has a service-connected disability rated at 50 percent or more. (2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran— (A) who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of [section 1710A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710A/a&num=0&edition=prelim) are in effect, a compensable service-connected disability rated less than 70 percent; (B) whose discharge or release from active military, naval, air, or space service was for a disability that was incurred or aggravated in the line of duty; (C) who is in receipt of, or who, but for a suspension pursuant to [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim) (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section; (D) who is a former prisoner of war, who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14, or who was awarded the Purple Heart; (E) who is a veteran of— (i) the Mexican border period; (

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

38 U.S.C. § 1706 — Management of health care: other requirements

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

14 U.S.C. § 2732 — Medal of honor

The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to an individual who, while a member of the Coast Guard, displays conspicuous gallantry and intrepidity at the risk of such individual’s life above and beyond the call of duty— (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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

14 U.S.C. § 101 — Establishment of Coast Guard

The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.

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

38 U.S.C. § 1701 — Definitions

For the purposes of this chapter— (1) The term “disability” means a disease, injury, or other physical or mental defect. (2) The term “veteran of any war” includes any veteran awarded the Medal of Honor. (3) The term “facilities of the Department” means— (A) facilities over which the Secretary has direct jurisdiction; (B) Government facilities for which the Secretary contracts; and (C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim). (4) The term “non-Department facilities” means facilities other than Department facilities. (5) The term “hospital care” includes— (A) (i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim); (B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and (C) (i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701

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

10 U.S.C. § 1076c — Dental insurance plan: certain retirees and their surviving spouses and other dependents

**(a) Requirement for Plan.—** (1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section. (2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides benefits similar to those benefits required to be provided under subsection (d). **(b) Persons Eligible for Plan.—** The following persons are eligible to enroll in the dental insurance plan established under subsection (a): (1) Members of the uniformed services who are entitled to retired pay. (2) Members of the Retired Reserve who would be entitled to retired pay under chapter 1223 of this title but for being under 60 years of age. (3) Eligible dependents of a member described in paragraph (1) or (2) who are covered by the enrollment of the member in the plan. (4) Eligible dependents of a member described in paragraph (1) or (2) who is not enrolled in the plan and who— (A) is enrolled under [section 1705 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim) to receive dental care from the Secretary of Veterans Affairs; (B) is enrolled in a dental plan that— (i) is available to the member as a result of employment by the member that is separate from the military service of the member; and (ii) is not available to dependents of the member as a result of such separate employment by the member; or (C) is prevented by a medical or dental condition from being able to obtain benefits under the plan.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1076c

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

38 U.S.C. § 1166 — Claims involving military sexual trauma

**(a) Processing.—** (1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service. (2) A peer support specialist of the Department— (A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and (B) shall not participate in the adjudication of such a claim. **(b) Referrals to MST Coordinators.—** The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran. **(c) Training.—** (1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma. (2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. (3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals: (A) Military sexual trauma coordinators of the Veterans Health Administration. (B) Peer support specialists of the Department. **(d) Definitions.—** In this section: (1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statis

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1166

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

38 U.S.C. § 1703 — Veterans Community Care Program

**(a) In General.—** (1) There is established a program to furnish hospital care, medical services, and extended care services to covered veterans through health care providers specified in subsection (c). (2) The Secretary shall coordinate the furnishing of hospital care, medical services, and extended care services under this section to covered veterans, including coordination of, at a minimum, the following: (A) Ensuring the scheduling of medical appointments in a timely manner and the establishment of a mechanism to receive medical records from non-Department providers. (B) Ensuring continuity of care and services. (C) Ensuring coordination among regional networks if the covered veteran accesses care and services in a different network than the regional network in which the covered veteran resides. (D) Ensuring that covered veterans do not experience a lapse in care resulting from errors or delays by the Department or its contractors or an unusual or excessive burden in accessing hospital care, medical services, or extended care services. (3) A covered veteran may only receive care or services under this section upon the authorization of such care or services by the Secretary. (4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1). **(b) Covered Veterans.—** For purposes of this section, a covered veteran is any veteran who— (1) is enrolled in the system of annual patient enrollment established and operated under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim); or (2) is not enrolled in such system but is otherwise entitled to hospital care, medical services, or extended care services under s

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703

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

38 U.S.C. § 1710C — Traumatic brain injury: plans for rehabilitation and reintegration into the community

**(a) Plan Required.—** The Secretary shall, for each individual who is a veteran or member of the Armed Forces who receives inpatient or outpatient rehabilitative hospital care or medical services provided by the Department for a traumatic brain injury— (1) develop an individualized plan for the rehabilitation and reintegration of the individual into the community with the goal of maximizing the individual’s independence; and (2) provide such plan in writing to the individual— (A) in the case of an individual receiving inpatient care, before the individual is discharged from inpatient care or after the individual’s transition from serving on active duty as a member of the Armed Forces to receiving outpatient care provided by the Department; or (B) as soon as practicable following a diagnosis of traumatic brain injury by a Department health care provider. **(b) Contents of Plan.—** Each plan developed under subsection (a) shall include, for the individual covered by such plan, the following: (1) Rehabilitation objectives for improving (and sustaining improvement in) the physical, cognitive, behavioral, and vocational functioning of the individual with the goal of maximizing the independence and reintegration of such individual into the community. (2) Access, as warranted, to all appropriate rehabilitative services and rehabilitative components of the traumatic brain injury continuum of care, and where appropriate, to long-term care services. (3) A description of specific rehabilitative services and other services to achieve the objectives described in paragraph (1), which shall set forth the type, frequency, duration, and location of such services. (4) The name of the case manager designated in accordance with subsection (d) to be responsible for the implem

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710C

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