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38 U.S.C. § 1729A — Department of Veterans Affairs Medical Care Collections Fund

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

38 U.S.C. § 1729A — Department of Veterans Affairs Medical Care Collections Fund

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Source location: Title 38, Chapter 17, § 1729A; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a)** There is in the Treasury a fund to be known as the Department of Veterans Affairs Medical Care Collections Fund. **(b)** Amounts recovered or collected under any of the following provisions of law shall be deposited in the fund: (1) [Section 1710(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/f&num=0&edition=prelim). (2) [Section 1710(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/g&num=0&edition=prelim). (3) [Section 1711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1711&num=0&edition=prelim). (4) [Section 1722A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722a&num=0&edition=prelim). (5) [Section 1725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725&num=0&edition=prelim). (6) [Section 1729 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1729&num=0&edition=prelim). (7) [Section 1784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1784&num=0&edition=prelim). (8) [Section 8165(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8165/a&num=0&edition=prelim). (9) Section 113 of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; [38 U.S.C. 8111](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8111&num=0&edition=prelim) note). (10) Public Law 87–693, popularly known as the “Federal Medical Care Recovery Act” ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), to the extent that a recovery or collection under that law is based on medical care or services furnished under this chapter. **(c)** (1) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes: (A) Furnishing medical care and services under this chapter, to be available during any fiscal year for the same purposes and subject to the same limitations (other than with respect to the period of availability for obligation) as apply to amounts appropriated from the general fund of the Treasury for that fiscal year for medical care. (B) Expenses of the Department for the identification, billing, auditing, and collection of amounts owed the United States by reason of medical care and services furnished under this chapter. (2) Amounts available under paragraph (1) may not be used for any purpose other than a purpose set forth in subparagraph (A) or (B) of that paragraph. **(d)** Of the total amount recovered or collected by the Department during a fiscal year under the provisions of law referred to in subsection (b) and made available from the fund, the Secretary shall make available to each Department health care facility of the Department an amount that bears the same ratio to the total amount so made available as the amount recovered or collected by such facility during that fiscal year under such provisions of law bears to such total amount recovered or collected during that fiscal year. The Secretary shall make available to each facility the entirety of the amount specified to be made available to such facility by the preceding sentence. **(e)** Amounts recovered or collected under the provisions of law referred to in subsection (b) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim), 902) as offsets to discretionary appropriations (rather than as offsets to direct spending) to the extent that such amounts are made available for expenditure in appropriations Acts for the purposes specified in subsection (c).

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

42 U.S.C. § 2651 — Recovery by United States

**(a) Conditions; exceptions; persons liable; amount of recovery; subrogation; assignment** In any case in which the United States is authorized or required by law to furnish or pay for hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of [section 249 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim)) to pay damages therefor, the United States shall have a right to recover (independent of the rights of the injured or diseased person) from said third person, or that person’s insurer, the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim. **(b) Recovery of cost of pay for member of uniformed services unable to perform duties** If a member of the uniformed services is injured, or contracts a diseas

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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; (

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

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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. § 1711 — Care during examinations and in emergencies

**(a)** The Secretary may furnish hospital care incident to physical examinations where such examinations are necessary in carrying out the provisions of other laws administered by the Secretary. **(b)** Repealed. Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.] **(c)** (1) The Secretary may contract with any organization named in, or approved by the Secretary under, [section 5902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5902&num=0&edition=prelim) to provide for the furnishing by the Secretary, on a reimbursable basis (as prescribed by the Secretary), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under this chapter for medical services. (2) The authority of the Secretary to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

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

38 U.S.C. § 1729 — Recovery by the United States of the cost of certain care and services

**(a)** (1) Subject to the provisions of this section, in any case in which the United States is required by law to furnish or pay for care or services under this chapter for a non-service-connected disability described in paragraph (2) of this subsection, the United States has the right to recover or collect from a third party the reasonable charges of care or services so furnished or paid for to the extent that the recipient or provider of the care or services would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished or paid for by a department or agency of the United States. (2) Paragraph (1) of this subsection applies to a non-service-connected disability— (A) that is incurred incident to the individual’s employment and that is covered under a workers’ compensation law or plan that provides for payment for the cost of health care and services provided to the individual by reason of the disability; (B) that is incurred as the result of a motor vehicle accident to which applies a State law that requires the owners or operators of motor vehicles registered in that State to have in force automobile accident reparations insurance; (C) that is incurred as the result of a crime of personal violence that occurred in a State, or a political subdivision of a State, in which a person injured as the result of such a crime is entitled to receive health care and services at such State’s or subdivision’s expense for personal injuries suffered as the result of such crime; (D) that is incurred by an individual who is entitled to care (or payment of the expenses of care) under a health-plan contract; or (E) for which care and services are furnished under this chapter to a veteran who— (i)

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

2 U.S.C. § 901 — Enforcing discretionary spending limits

**(a) Enforcement** (1) **Sequestration** — Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category. (2) **Eliminating a breach** — Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category. (3) **Military personnel** — If the President uses the authority to exempt any personnel account from sequestration under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority. (4) **Part-year appropriations** — If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from— (A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation

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

38 U.S.C. § 8111 — Sharing of Department of Veterans Affairs and Department of Defense health care resources

**(a) Required Coordination and Sharing of Health Care Resources.—** The Secretary of Veterans Affairs and the Secretary of Defense shall enter into agreements and contracts for the mutually beneficial coordination, use, or exchange of use of the health care resources of the Department of Veterans Affairs and the Department of Defense with the goal of improving the access to, and quality and cost effectiveness of, the health care provided by the Veterans Health Administration and the Military Health System to the beneficiaries of both Departments. **(b) Joint Requirements for Secretaries of Veterans Affairs and Defense.—** To facilitate the mutually beneficial coordination, use, or exchange of use of the health care resources of the two Departments, the two Secretaries shall carry out the following functions: (1) Develop and publish a joint strategic vision statement and a joint strategic plan to shape, focus, and prioritize the coordination and sharing efforts among appropriate elements of the two Departments and incorporate the goals and requirements of the joint sharing plan into the strategic plan of each Department under [section 306 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section306&num=0&edition=prelim) and the performance plan of each Department under [section 1115 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1115&num=0&edition=prelim). (2) Jointly fund the Department of Veterans Affairs-Department of Defense Joint Executive Committee under [section 320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section320&num=0&edition=prelim). (3) Continue to facilitate and improve sharing between individual Department of Veterans Affairs and Departm

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

38 U.S.C. § 1784 — Humanitarian care

The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.

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2 U.S.C. § 901 — Enforcing discretionary spending limits

Page 241 TITLE 2—THE CONGRESS § 901 Budget shall each take such actions as may be nec- essary, within their respective authorities, promptly to carry out this order. SEC. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]. WILLIAM J. CLINTON. § 901. Enforcing discretionary spending limits (a) Enforcement (1) Sequestration Within 15 calendar days after Congress ad- journs to end a session there shall be a seques- tration to eliminate a budget-year breach, if any, within any category. (2) Eliminating a breach Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that ac- count at that time by the uniform percentage necessary to eliminate a breach within that category. (3) Military personnel If the President uses the authority to ex- empt any personnel account from sequestra- tion under section 905(f) of this title, each ac- count within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-ex- empt budgetary resources in that account at that time by the uniform percentage nec- essary to offset the total dollar amount by which outlays are not reduced in military per- sonnel accounts by reason of the use of such authority. (4) Part-year appropriations If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that acco

Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 901

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

38 U.S.C. § 1729A — Department of Veterans Affairs Medical

Page 464 TITLE 38—VETERANS’ BENEFITS § 1729A ‘‘(ii) is not modified or renewed on or after such date. ‘‘(B) In the case of a health-plan contract (as so de- fined) that was entered into before such date and which is modified or renewed on or after such date, the amendment made by subsection (a) [amending this sec- tion] shall apply— ‘‘(i) with respect to such plan as of the day after the date that it is so modified or renewed; and ‘‘(ii) with respect to care and services provided after such date of modification or renewal. ‘‘(3) For purposes of paragraph (2), the term ‘modi- fied’ includes any change in premium or coverage.’’ EFFECTIVE DATE Pub. L. 97–72, title I, § 106(b), Nov. 3, 1981, 95 Stat. 1051, provided that: ‘‘Section 629 [now 1729] of title 38, United States Code, as added by subsection (a), shall apply with respect to care and services furnished under chap- ter 17 of title 38, United States Code, on or after the date of the enactment of this Act [Nov. 3, 1981].’’ HEALTHCARE FACILITIES CERTIFIED AS MEDICARE AND MEDICAID PROVIDERS FOR COLLECTION PURPOSES Pub. L. 107–206, title I, Aug. 2, 2002, 116 Stat. 888, pro- vided in part: ‘‘That for the purposes of enabling the collection from third-party insurance carriers for non- service related medical care of veterans, all Depart- ment of Veterans Affairs healthcare facilities are here- by certified as Medicare and Medicaid providers and the Centers for Medicare and Medicaid Services within the Department of Health and Human Services shall issue each Department of Veterans Affairs healthcare facil- ity a provider number as soon as practicable after the date of enactment of this Act [Aug. 2, 2002]: Provided further, That nothing in the preceding proviso shall be construed to enable the Departmen

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1729A

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