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38 U.S.C. § 7365 — Coverage of employees under certain Federal tort claims laws
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law:
(1) [Section 1346(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim).
(2) Chapter 171 of title 28.
(3) [Section 7316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7316&num=0&edition=prelim).
**(b)** An employee described in this subsection is an employee who—
(1) has an appointment with the Department, whether with or without compensation;
(2) is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and
(3) performs such duties under the supervision of Department personnel.
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Stable record: federal_law:legal_authorities:record_usc_a8b67ebc85d69f269ae1bce1
Source file: Laws/federal/codes/united-states-code/title-38/section-7365-coverage-of-employees-under-certain-federal-tort-claims-laws--3cdc7ac435.md
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Source location: Title 38, Chapter 73, § 7365; chapter-073-veterans-health-administration-organization-and-functions.md
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**(a)** An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law:
(1) [Section 1346(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim).
(2) Chapter 171 of title 28.
(3) [Section 7316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7316&num=0&edition=prelim).
**(b)** An employee described in this subsection is an employee who—
(1) has an appointment with the Department, whether with or without compensation;
(2) is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and
(3) performs such duties under the supervision of Department personnel.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The remedy—
(A) against the United States provided by sections 1346(b) and 2672 of title 28, or
(B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28,
for damages for personal injury, including death, allegedly arising from malpractice or negligence of a health care employee of the Administration in furnishing health care or treatment while in the exercise of that employee’s duties in or for the Administration shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the health care employee (or employee’s estate) whose act or omission gave rise to such claim.
(2) For purposes of paragraph (1), the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel.
**(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7316
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Federal law — U.S. Code and appendices · legal_authorities
Page 1207
TITLE 38—VETERANS’ BENEFITS
§ 7365
§ 7364. General powers
(a) IN GENERAL.—(1) A corporation established
under this subchapter may, solely to carry out
the purposes of this subchapter—
(A) accept, administer, retain, and spend
funds
derived
from
gifts,
contributions,
grants, fees, reimbursements, and bequests
from individuals and public and private enti-
ties;
(B) enter into contracts and agreements
with individuals and public and private enti-
ties;
(C) subject to paragraph (2), set fees for edu-
cation and training facilitated under section
7362 of this title, and receive, retain, admin-
ister, and spend funds in furtherance of such
education and training;
(D) reimburse amounts to the applicable ap-
propriation account of the Department for the
Office of General Counsel for any expenses of
that Office in providing legal services attrib-
utable to research and education agreements
under this subchapter; and
(E) employ such employees as the corpora-
tion considers necessary for such purposes and
fix the compensation of such employees.
(2) Fees charged pursuant to paragraph (1)(C)
for education and training described in that
paragraph to individuals who are officers or em-
ployees of the Department may not be paid for
by any funds appropriated to the Department.
(3) Amounts reimbursed to the Office of Gen-
eral Counsel under paragraph (1)(D) shall be
available for use by the Office of the General
Counsel only for staff and training, and related
travel, for the provision of legal services de-
scribed in that paragraph and shall remain
available for such use without fiscal year limita-
tion.
(b) TRANSFER AND ADMINISTRATION OF FUNDS.—
(1) Except as provided in paragraph (2), any
funds received by the Secretary for the conduct
of rese
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7365
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.