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38 U.S.C. § 1710C — Traumatic brain injury: plans for rehabilitation and reintegration into the community
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 38, Chapter 17, § 1710C; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md
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**(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 implementation of such plan.
(5) Dates on which the effectiveness of such plan will be reviewed in accordance with subsection (f).
**(c) Comprehensive Assessment.—**
(1) Each plan developed under subsection (a) shall be based on a comprehensive assessment, developed in accordance with paragraph (2), of—
(A) the physical, cognitive, vocational, and neuropsychological and social impairments of the individual; and
(B) the family education and family support needs of the individual after the individual is discharged from inpatient care or at the commencement of and during the receipt of outpatient care and services.
(2) The comprehensive assessment required under paragraph (1) with respect to an individual is a comprehensive assessment of the matters set forth in that paragraph by a team, composed by the Secretary for purposes of the assessment, of individuals with expertise in traumatic brain injury, including any of the following:
(A) A neurologist.
(B) A rehabilitation physician.
(C) A social worker.
(D) A neuropsychologist.
(E) A physical therapist.
(F) A vocational rehabilitation specialist.
(G) An occupational therapist.
(H) A speech language pathologist.
(I) A rehabilitation nurse.
(J) An educational therapist.
(K) An audiologist.
(L) A blind rehabilitation specialist.
(M) A recreational therapist.
(N) A low vision optometrist.
(O) An orthotist or prosthetist.
(P) An assistive technologist or rehabilitation engineer.
(Q) An otolaryngology physician.
(R) A dietician.
(S) An ophthalmologist.
(T) A psychiatrist.
**(d) Case Manager.—**
(1) The Secretary shall designate a case manager for each individual described in subsection (a) to be responsible for the implementation of the plan developed for that individual under that subsection and the coordination of the individual’s medical care.
(2) The Secretary shall ensure that each case manager has specific expertise in the care required by the individual for whom the case manager is designated, regardless of whether the case manager obtains such expertise through experience, education, or training.
**(e) Participation and Collaboration in Development of Plans.—**
(1) The Secretary shall involve each individual described in subsection (a), and the family or legal guardian of such individual, in the development of the plan for such individual under that subsection to the maximum extent practicable.
(2) The Secretary shall collaborate in the development of a plan for an individual under subsection (a) with a State protection and advocacy system if—
(A) the individual covered by the plan requests such collaboration; or
(B) in the case of such an individual who is incapacitated, the family or guardian of the individual requests such collaboration.
(3) In the case of a plan required by subsection (a) for a member of the Armed Forces who is serving on active duty, the Secretary shall collaborate with the Secretary of Defense in the development of such plan.
(4) In developing vocational rehabilitation objectives required under subsection (b)(1) and in conducting the assessment required under subsection (c), the Secretary shall act through the Under Secretary for Health in coordination with the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs.
**(f) Evaluation.—**
(1) **Periodic review by secretary.—** — The Secretary shall periodically review the effectiveness of each plan developed under subsection (a). The Secretary shall refine each such plan as the Secretary considers appropriate in light of such review.
(2) **Request for review by veterans.—** — In addition to the periodic review required by paragraph (1), the Secretary shall conduct a review of the plan for an individual under paragraph (1) at the request of the individual, or in the case of an individual who is incapacitated, at the request of the guardian or designee of the individual.
**(g) State Designated Protection and Advocacy System Defined.—** In this section, the term “State protection and advocacy system” means a system established in a State under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.) to protect and advocate for the rights of persons with development disabilities.
**(h) Rehabilitative Services Defined.—** For purposes of this section, and sections 1710D and 1710E of this title, the term “rehabilitative services” includes—
(1) rehabilitative services, as defined in [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701&num=0&edition=prelim);
(2) treatment and services (which may be of ongoing duration) to sustain, and prevent loss of, functional gains that have been achieved; and
(3) any other rehabilitative services or supports that may contribute to maximizing an individual’s independence.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, unless otherwise provided or indicated by the context—
(1) the term “Administration for Community Living” means the Administration for Community Living of the Department of Health and Human Services;
(2) the term “Federal agency” has the meaning given to the term “agency” by [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(3) the term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and
(4) the term “Rehabilitation Services Administration” means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education.
**(b) Transfer of functions** There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under chapter 1 of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796&num=0&edition=prelim) et seq.).
**(c) Personnel determinations by the Office of Management and Budget** The Office of Management and Budget shall—
(1) ensure that this section does not result in any net increase in full-time equivalent employees at any Federal agency impacted by this section; and
(2) not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3515e
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Federal law — U.S. Code and appendices · legal_authorities
**(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?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population;
(3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;
(4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim));
(5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;
(6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396
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Federal law — U.S. Code and appendices · legal_authorities
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
Page 366
TITLE 38—VETERANS’ BENEFITS
§ 1710C
‘‘(A) A description of the implementation and oper-
ation of the program.
‘‘(B) An analysis comparing use of institutional
care among participants in the program with the ex-
perience of comparable patients who are not enrolled
in the program.
‘‘(C) A comparison of assisted living services pro-
vided by the Department through the pilot program
with domiciliary care provided by the Department.
‘‘(D) The Secretary’s recommendations, if any, re-
garding an extension of the program.
‘‘(f) DURATION.—The authority of the Secretary to
provide services under the pilot program shall cease on
the date that is three years after the date of the com-
mencement of the pilot program.
‘‘(g) DEFINITION.—For purposes of this section, the
term ‘assisted living services’ means services in a facil-
ity that provides room and board and personal care for
and supervision of residents as necessary for the
health, safety, and welfare of residents.
‘‘(h) STANDARDS.—The Secretary may not enter into
a contract with a facility under this section unless the
facility meets the standards established in regulations
prescribed under section 1730 of title 38, United States
Code.’’
§ 1710C. Traumatic brain injury: plans for reha-
bilitation and reintegration into the commu-
nity
(a) PLAN REQUIRED.—The Secretary shall, for
each individual who is a veteran or member of
the Armed Forces who receives inpatient or out-
patient rehabilitative hospital care or medical
services provided by the Department for a trau-
matic brain injury—
(1) develop an individualized plan for the re-
habilitation and reintegration of the indi-
vidual into the community with the goal of
maximizing the individual’s independence; and
(2) provide such plan in writing
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1710C
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15042
court the record of the proceedings on which the
Secretary based the action, as provided in sec-
tion 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Sec-
retary or to set the action aside, in whole or in
part, temporarily or permanently. Until the fil-
ing of the record, the Secretary may modify or
set aside the order of the Secretary relating to
the action.
(d) Findings and remand
The findings of the Secretary about the facts,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case involved to the Secretary
for further proceedings to take further evidence.
On remand, the Secretary may make new or
modified findings of fact and may modify the
previous action of the Secretary, and shall file
with the court the record of the further pro-
ceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
(e) Finality
The judgment of the court affirming or setting
aside, in whole or in part, any action of the Sec-
retary shall be final, subject to review by the
Supreme Court of the United States upon certio-
rari or certification as provided in section 1254
of title 28.
(f) Effect
The commencement of proceedings under this
section shall not, unless so specifically ordered
by a court, operate as a stay of the Secretary’s
action.
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114
Stat. 1711.)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b), there are
authorized to be appropriated for allotments
under section 15022 of this title $76,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 15041. This identifies an authority to review, not proof of applicability.