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38 U.S.C. § 8153 — Sharing of health-care resources

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

38 U.S.C. § 8153 — Sharing of health-care resources

**(a)** (1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual. (2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity. (3) (A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with [section 7302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302&num=0&edition=prelim), including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource. (B) (i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive pro

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Stable record: federal_law:legal_authorities:record_usc_a9875adf585a538b7c639e95
Source file: Laws/federal/codes/united-states-code/title-38/section-8153-sharing-of-health-care-resources--7ed7614620.md
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Source location: Title 38, Chapter 81, § 8153; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md

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**(a)** (1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual. (2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity. (3) (A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with [section 7302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302&num=0&edition=prelim), including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource. (B) (i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is conducted in accordance with the simplified procedures prescribed pursuant to clause (ii). (ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with [section 1707 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1707&num=0&edition=prelim). Such procedures shall permit all responsible sources, as appropriate, to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Department of bids, proposals, or quotations so submitted. (iii) Pending publication of the procedures under clause (ii), the Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance with all procurement laws and regulations. (C) Any procurement of health-care resources other than those covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations. (D) For any procurement to be conducted on a sole source basis other than a procurement covered by subparagraph (A), a written justification shall be prepared that includes the information and is approved at the levels prescribed in [section 3304(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim). (E) As used in this paragraph, the term “commercial service” means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts. **(b)** Arrangements entered into under this section shall provide for payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government. Any proceeds to the Government received therefrom shall be credited to the applicable Department medical appropriation and to funds that have been allotted to the facility that furnished the resource involved. **(c)** Eligibility for hospital care and medical services furnished any veteran pursuant to this section shall be subject to the same terms as though provided in a Department health care facility, and provisions of this title applicable to persons receiving hospital care or medical services in a Department health care facility shall apply to veterans treated under this section. **(d)** When a Department health care facility provides hospital care or medical services, pursuant to a contract or agreement authorized by this section, to an individual who is not eligible for such care or services under chapter 17 of this title and who is entitled to hospital or medical insurance benefits under title XVIII of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.), such benefits shall be paid, notwithstanding any condition, limitation, or other provision in that title which would otherwise preclude such payment to such facility for such care or services or, if the contract or agreement so provides, to the community health care facility which is a party to the contract or agreement. **(e)** The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines— (1) that veterans will receive priority under such an arrangement; and (2) that such an arrangement— (A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or (B) will result in the improvement of services to eligible veterans at that facility. **(f)** Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment. **(g)** The Secretary shall submit to the Congress not later than February 1 of each year a report on the activities carried out under this section during the preceding fiscal year. Each report shall include— (1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation from other sources, financial and otherwise; and (2) recommendations for the improvement or more effective administration of such activities.

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

38 U.S.C. § 111 — Payments or allowances for beneficiary travel

**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. **(b)** (1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible: (A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability. (B) A veteran with a service-connected disability rated at 30 percent or more. (C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim). (D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111

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

41 U.S.C. § 1707 — Publication of proposed regulations

**(a) Covered Policies, Regulations, Procedures, and Forms.—** (1) **Required comment period.—** — Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it— (A) relates to the expenditure of appropriated funds; and (B) (i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or (ii) has a significant cost or administrative impact on contractors or offerors. (2) **Exception.—** — A policy, regulation, procedure, or form may take effect earlier than 60 days after the publication date when there are compelling circumstances for the earlier effective date, but the effective date may not be less than 30 days after the publication date. **(b) Publication in Federal Register and Comment Period.—** Subject to subsection (c), the head of the agency shall have published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on the proposal. The length of the comment period may not be less than 30 days. **(c) Contents of Notice.—** Notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include— (1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number of the officer or employee of the executive agency from whom the full te

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1707

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

38 U.S.C. § 7302 — Functions of Veterans Health Administration: health-care personnel education and training programs

**(a)** In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary— (1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and (2) shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as— (A) physician assistants; (B) expanded-function dental auxiliaries; and (C) other medical technicians. **(b)** In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities. **(c)** In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration. **(d)** The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations: (1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions. (2) Other institutions of higher learning. (3) Medical centers. (4) Academic health centers. (5) Hospitals. (6) Such other public or nonprofit agencies, institutions, or organizations

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7302

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

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305

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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

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395

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

38 U.S.C. § 7405 — Temporary full-time appointments, part-time appointments, and without-compensation appointments

**(a)** The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows: (1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions: (A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim). (B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim). (C) Librarians. (D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs). (2) On a fee basis, persons in the following positions: (A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim). (B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim). (C) Other professional and technical personnel. **(b)** Personnel employed under subsection (a)— (1) shall be in addition to personnel described in section 7306, paragraphs (1) and (3) of section 7401, and [section 7408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7408&num=0&edition=prelim); and (2) shall be paid such rates of pay as the Secretary may prescribe. **(c)** (1) Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7405

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8157

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

38 U.S.C. § 8153 — Sharing of health-care resources

Page 1362 TITLE 38—VETERANS’ BENEFITS § 8152 Editorial Notes AMENDMENTS 1996—Pub. L. 104–262 amended section generally. Prior to amendment, section read as follows: ‘‘It is the pur- pose of this subchapter to improve the quality of hos- pital care and other medical service provided veterans under this title, by authorizing the Secretary to enter into agreements with medical schools, health-care fa- cilities, and research centers throughout the country in order to receive from and share with such medical schools, health-care facilities, and research centers the most advanced medical techniques and information, as well as certain specialized medical resources which oth- erwise might not be feasibly available or to effectively utilize other medical resources with the surrounding medical community, without diminution of services to veterans. Among other things, it is intended, by these means, to strengthen the medical programs at those Department hospitals which are located in small cities or rural areas and thus are remote from major medical centers. It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agree- ments with State veterans facilities for the sharing of health-care resources.’’ 1993—Pub. L. 103–210 inserted at end ‘‘It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agreements with State veterans facilities for the sharing of health-care resources.’’ 1991—Pub. L. 102–40 renumbered section 5051 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’. 19

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8153

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

42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

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