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

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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

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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’’. 1990—Pub. L. 101–366 substituted ‘‘health-care facili- ties,’’ for ‘‘hospitals,’’ in two places. § 8152. Definitions For the purposes of this subchapter— (1) The term ‘‘health-care resource’’ includes hospital care and medical services (as those terms are defined in section 1701 of this title), services under sections 1782 and 1783 of this title, any other health-care service, and any health-care support or administrative re- source. (2) The term ‘‘health-care providers’’ in- cludes health-care plans and insurers and any organizations, institutions, or other entities or individuals who furnish health-care re- sources. (3) The term ‘‘hospital’’, unless otherwise specified, includes any Federal, State, local, or other public or private hospital. (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5052; renumbered § 8152, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–54, § 14(f)(8), June 13, 1991, 105 Stat. 288; Pub. L. 103–210, § 3(b), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104–262, title III, § 301(b), Oct. 9, 1996, 110 Stat. 3191; Pub. L. 107–135, title II, § 208(e)(8), Jan. 23, 2002, 115 Stat. 2464.) Editorial Notes AMENDMENTS 2002—Par. (1). Pub. L. 107–135 inserted ‘‘services under sections 1782 and 1783 of this title,’’ after ‘‘of this title),’’. 1996—Pub. L. 104–262 added pars. (1) and (2), redesig- nated par. (4) as (3), and struck out former pars. (1) to (3) which read as follows: ‘‘(1) The term ‘research center’ means an institution (or part of an institution), the primary function of which is research, training of specialists, and dem- onstrations and which, in connection therewith, pro- vides specialized, high quality diagnostic and treat- ment services for inpatients and outpatients. ‘‘(2) The term ‘specialized medical resources’ means medical resources (whether equipment, space, or per- sonnel) which, because of cost, limited availability, or unusual nature, are either unique in the medical com- munity or are subject to maximum utilization only through mutual use. ‘‘(3) The term ‘health-care resource’ includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title, any other health-care service, and any health-care support or ad- ministrative resource.’’ 1993—Pars. (3), (4). Pub. L. 103–210 added par. (3) and redesignated former par. (3) as (4). 1991—Pub. L. 102–40 renumbered section 5052 of this title as this section. Pub. L. 102–54 amended section as in effect imme- diately before the enactment of Pub. L. 102–40 by redes- ignating pars. (a), (b), and (c) as pars. (1), (2), and (3), respectively, and by realigning the margins. § 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 re- sources, 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 be- tween Department health-care facilities and any health-care provider, or other entity or indi- vidual. (2) The Secretary may enter into a contract or other agreement under paragraph (1) if such re- sources 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 equip- ment or space, or research, and is to be acquired from an institution affiliated with the Depart- ment in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institu- tions, blood banks, organ banks, or research cen- ters, 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 competi- tive procedures for acquiring the resource. (B)(i) If the health-care resource required is a commercial service or the use of medical equip- ment or space, and is not to be acquired from an entity described in subparagraph (A), any pro- curement 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 pursu- ant to clause (ii). (ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the pro- curement of health-care resources under this subparagraph. The Secretary shall publish such Page 1363 TITLE 38—VETERANS’ BENEFITS § 8153 procedures for public comment in accordance with section 1707 of title 41. Such procedures shall permit all responsible sources, as appro- priate, to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Depart- ment of bids, proposals, or quotations so sub- mitted. (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 regu- lations. (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 cov- ered by subparagraph (A), a written justification shall be prepared that includes the information and is approved at the levels prescribed in sec- tion 3304(e) of title 41. (E) As used in this paragraph, the term ‘‘com- mercial service’’ means a service that is offered and sold competitively in the commercial mar- ketplace, is performed under standard commer- cial terms and conditions, and is procured using firm-fixed price contracts. (b) Arrangements entered into under this sec- tion shall provide for payment to the Depart- ment in accordance with procedures that pro- vide appropriate flexibility to negotiate pay- ment which is in the best interest of the Govern- ment. Any proceeds to the Government received therefrom shall be credited to the applicable De- partment medical appropriation and to funds that have been allotted to the facility that fur- nished 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 fa- cility, and provisions of this title applicable to persons receiving hospital care or medical serv- ices 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, pur- suant 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 So- cial Security Act (42 U.S.C. 1395 et seq.), such benefits shall be paid, notwithstanding any con- dition, limitation, or other provision in that title which would otherwise preclude such pay- ment 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 deter- mines— (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 serv- ices 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 dur- ing the fiscal year in which the Secretary re- ceives 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, fi- nancial and otherwise; and (2) recommendations for the improvement or more effective administration of such activi- ties. (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5053; amended Pub. L. 91–496, § 4, Oct. 22, 1970, 84 Stat. 1092; Pub. L. 93–82, title III, § 303, Aug. 2, 1973, 87 Stat. 195; Pub. L. 94–581, title I, § 115(a)(1), title II, §§ 206(c), 210(e)(11), Oct. 21, 1976, 90 Stat. 2852, 2859, 2865; Pub. L. 96–151, title III, § 304, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–160, title VII, § 702(20), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99–576, title II, § 231(c)(1), Oct. 28, 1986, 100 Stat. 3264; Pub. L. 101–366, title II, § 202(b), Aug. 15, 1990, 104 Stat. 438; renumbered § 8153, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(f)(9), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(D), (E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–210, § 3(c), Dec. 20, 1993, 107 Stat. 2498; Pub. L. 104–262, title III, § 301(c), (d)(1), Oct. 9, 1996, 110 Stat. 3191, 3193; Pub. L. 105–114, title IV, § 402(d), (e), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866; Pub. L. 108–170, title IV, § 405(d), Dec. 6, 2003, 117 Stat. 2063; Pub. L. 111–350, § 5(j)(8), Jan. 4, 2011, 124 Stat. 3850.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Social Security Act is classified generally to sub- chapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2011—Subsec. (a)(3)(B)(ii). Pub. L. 111–350, § 5(j)(8)(A), substituted ‘‘section 1707 of title 41’’ for ‘‘section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)’’. Subsec. (a)(3)(D). Pub. L. 111–350, § 5(j)(8)(B), sub- stituted ‘‘section 3304(e) of title 41’’ for ‘‘section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))’’. 2003—Subsec. (g). Pub. L. 108–170, in introductory pro- visions, substituted ‘‘not later than February 1 of each year’’ for ‘‘not more than 60 days after the end of each Page 1364 TITLE 38—VETERANS’ BENEFITS § 8153 fiscal year’’ and inserted ‘‘during the preceding fiscal year’’ after ‘‘under this section’’. 2000—Subsec. (a)(3)(B)(ii). Pub. L. 106–419 amended di- rectory language of Pub. L. 105–114, § 402(e). See 1997 Amendment note below. 1997—Subsec. (a)(3)(A). Pub. L. 105–114, § 402(d), in- serted ‘‘(including any Executive order, circular, or other administrative policy)’’ after ‘‘law or regula- tion’’. Subsec. (a)(3)(B)(ii). Pub. L. 105–114, § 402(e), as amended by Pub. L. 106–419, inserted ‘‘, as appro- priate,’’ after ‘‘all responsible sources’’ in third sen- tence. 1996—Pub. L. 104–262, § 301(d)(1), substituted ‘‘Sharing of health-care resources’’ for ‘‘Specialized medical re- sources’’ in section catchline. Subsec. (a)(1). Pub. L. 104–262, § 301(c)(1)(A), sub- stituted ‘‘health-care resources’’ for ‘‘certain special- ized medical resources’’, ‘‘other health-care resources’’ for ‘‘other medical resources’’, and ‘‘of health-care re- sources between Department health-care facilities and any health-care provider, or other entity or individual’’ for ‘‘of— ‘‘(A) specialized medical resources between Depart- ment health-care facilities and other health-care fa- cilities (including organ banks, blood banks, or simi- lar institutions), research centers, or medical schools; and ‘‘(B) health-care resources between Department health-care facilities and State home facilities recog- nized under section 1742(a) of this title’’. Subsec. (a)(2). Pub. L. 104–262, § 301(c)(1)(B), sub- stituted ‘‘if such resources are not, or would not be,’’ for ‘‘only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans’ care are not’’. Subsec. (a)(3). Pub. L. 104–262, § 301(c)(1)(C), added par. (3). Subsec. (b). Pub. L. 104–262, § 301(c)(2), substituted ‘‘payment to the Department in accordance with proce- dures that provide appropriate flexibility to negotiate payment which is in the best interest of the Govern- ment.’’ for ‘‘reciprocal reimbursement based on a meth- odology that provides appropriate flexibility to the heads of the facilities concerned to establish an appro- priate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.’’ Subsec. (d). Pub. L. 104–262, § 301(c)(3), substituted ‘‘preclude such payment to such facility for such care or services’’ for ‘‘preclude such payment, in accordance with— ‘‘(1) rates prescribed by the Secretary of Health and Human Services, after consultation with the Sec- retary, and ‘‘(2) procedures jointly prescribed by the two Secre- taries to assure reasonable quality of care and serv- ices and efficient and economical utilization of re- sources, to such facility therefor’’. Subsecs. (e) to (g). Pub. L. 104–262, § 301(c)(4), added subsecs. (e) and (f) and redesignated former subsec. (e) as (g). 1993—Subsec. (a). Pub. L. 103–210 designated existing provisions as par. (1) and substituted ‘‘other form of agreement for the mutual use, or exchange of use, of— ’’ along with subpars. (A) and (B) and par. (2), for ‘‘other form of agreement, as set forth in clauses (1) and (2) below, between Department health-care facili- ties and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools: ‘‘(1) for the mutual use, or exchange of use, of spe- cialized medical resources when such an agreement will obviate the need for a similar resource to be pro- vided in a Department health care facility; or ‘‘(2) for the mutual use, or exchange of use, of spe- cialized medical resources in a Department health care facility, which have been justified on the basis of veterans’ care, but which are not utilized to their maximum effective capacity.’’ 1991—Pub. L. 102–40 renumbered section 5053 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places in in- troductory provisions. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing. Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (c). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. Pub. L. 102–54 amended subsec. (c) as in effect imme- diately before the enactment of Pub. L. 102–40 by sub- stituting ‘‘under this section’’ for ‘‘hereunder’’. Subsec. (d). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in in- troductory provisions. Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (d)(2). Pub. L. 102–83, § 4(b)(2)(D), substituted ‘‘the two Secretaries’’ for ‘‘the Secretary and the Ad- ministrator’’. Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in introductory pro- visions. 1990—Subsec. (a). Pub. L. 101–366, § 202(b)(1), sub- stituted ‘‘health-care facilities and other health-care facilities (including organ banks, blood banks, or simi- lar institutions), research centers, or medical schools’’ for ‘‘hospitals and other hospitals (or other medical in- stallations having hospital facilities or organ banks, blood banks, or similar institutions) or medical schools or clinics in the medical community’’ and struck out at end ‘‘The Administrator may determine the geo- graphical limitations of a medical community as used in this section.’’ Subsec. (b). Pub. L. 101–366, § 202(b)(2), substituted in first sentence ‘‘a methodology that provides appro- priate flexibility to the heads of the facilities con- cerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the re- source involved.’’ for ‘‘a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equip- ment.’’ and inserted before period at end of second sen- tence ‘‘and to funds that have been allotted to the fa- cility that furnished the resource involved’’. 1986—Subsec. (e). Pub. L. 99–576 added subsec. (e). 1983—Subsec. (d). Pub. L. 98–160 substituted ‘‘title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)’’ for ‘‘subchapter XVIII of chapter 7 of title 42’’. 1982—Subsec. (d)(1). Pub. L. 97–295 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. 1979—Subsec. (a). Pub. L. 96–151 inserted provisions relating to applicability to organ banks, blood banks, or similar institutions. 1976—Subsec. (a). Pub. L. 94–581, §§ 206(c), 210(e)(11), substituted ‘‘when the Administrator determines’’ for ‘‘when he determines’’ and ‘‘clauses’’ for ‘‘paragraphs’’ in provisions preceding cl. (1), and inserted ‘‘health care’’ after ‘‘Veterans’ Administration’’ in cls. (1) and (2). Subsec. (c). Pub. L. 94–581, § 206(c)(2), inserted ‘‘health care’’ after ‘‘Veterans’ Administration’’ in two places. Subsec. (d). Pub. L. 94–581, § 115(a)(1), inserted subsec. (d). 1973—Subsec. (a). Pub. L. 93–82 struck out ‘‘or medical schools’’ from parenthetical and inserted ‘‘or medical schools or clinics’’ after parenthetical. 1970—Subsec. (a)(1). Pub. L. 91–496 substituted ‘‘for the mutual use, or exchange of use,’’ for ‘‘for the ex- change of use’’. Page 1365 TITLE 38—VETERANS’ BENEFITS § 8155 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by sec- tion 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title. REPORT TO CONGRESS ON RATES AND PROCEDURES COV- ERING PAYMENT OF BENEFITS FOR CARE OR SERVICES PROVIDED IN VETERANS’ ADMINISTRATION HEALTH CARE FACILITIES TO INDIVIDUALS NOT ELIGIBLE FOR VETERANS’ HOSPITAL, NURSING HOME, DOMICILIARY, OR MEDICAL CARE Pub. L. 94–581, title I, § 115(c), Oct. 21, 1976, 90 Stat. 2853, provided that at such time as the rates and proce- dures described in subsec. (d) of this section were pre- scribed, the Secretary of Health, Education, and Wel- fare [now Secretary of Health and Human Services], in consultation with the Administrator of Veterans’ Af- fairs, was to submit to the Committee on Ways and Means and the Committee on Veterans’ Affairs of the House of Representatives and to the Committee on Fi- nance and the Committee on Veterans’ Affairs of the Senate a full report describing such rates and proce- dures. § 8154. Exchange of medical information (a) The Secretary is authorized to enter into agreements with medical schools, hospitals, re- search centers, and individual members of the medical profession under which medical infor- mation and techniques will be freely exchanged and the medical information services of all par- ties to the agreement will be available for use by any party to the agreement under conditions specified in the agreement. In carrying out the purposes of this section, the Secretary shall uti- lize recent developments in electronic equip- ment to provide a close educational, scientific, and professional link between Department hos- pitals and major medical centers. Such agree- ments shall be utilized by the Secretary to the maximum extent practicable to create, at each Department hospital which is a part of any such agreement, an environment of academic medi- cine which will help such hospital attract and retain highly trained and qualified members of the medical profession. (b) In order to bring about utilization of all medical information in the surrounding medical community, particularly in remote areas, and to foster and encourage the widest possible co- operation and consultation among all members of the medical profession in such community, the educational facilities and programs estab- lished at Department hospitals and the elec- tronic link to medical centers shall be made available for use by the surrounding medical community (including State home facilities fur- nishing domiciliary, nursing home, or hospital care to veterans). The Secretary may charge a fee for such services (on annual or like basis) at rates which the Secretary determines, after ap- propriate study, to be fair and equitable. The fi- nancial status of any user of such services shall be taken into consideration by the Secretary in establishing the amount of the fee to be paid. Any proceeds to the Government received there- from shall be credited to the applicable Depart- ment medical appropriation. (c) The Secretary is authorized to enter into agreements with public and nonprofit private in- stitutions, organizations, corporations, and other entities in order to participate in coopera- tive health-care personnel education programs within the geographical area of any Department health-care facility located in an area remote from major academic health centers. (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5054; amended Pub. L. 94–424, § 1(1), Sept. 28, 1976, 90 Stat. 1332; Pub. L. 94–581, title II, §§ 206(d), 210(e)(12), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96–151, title I, § 102(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97–251, § 9, Sept. 8, 1982, 96 Stat. 716; renumbered § 8154, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5054 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing. 1982—Subsec. (b). Pub. L. 97–251 inserted ‘‘(including State home facilities furnishing domiciliary, nursing home, or hospital care to veterans)’’ after ‘‘by the sur- rounding medical community’’. 1979—Subsec. (c). Pub. L. 96–151 added subsec. (c). 1976—Subsec. (b). Pub. L. 94–581 substituted ‘‘by the surrounding’’ for ‘‘by surrounding’’ and ‘‘which the Ad- ministrator determines’’ for ‘‘which he determines’’. Pub. L. 94–424 inserted provision that any proceeds to the Government received therefrom shall be credited to the applicable Veterans’ Administration medical appro- priation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. § 8155. Pilot programs; grants to medical schools (a) The Secretary may establish an Advisory Subcommittee on Programs for Exchange of Medical Information, of the Special Medical Ad- visory Group, established under section 7312 of this title, to advise the Secretary on matters re- garding the administration of this section and to coordinate these functions with other re- search and education programs in the Depart- ment of Medicine and Surgery. The Assistant Under Secretary for Health charged with admin- istration of the Department of Medicine and Surgery medical research program shall be an ex officio member of this Subcommittee. (b) The Secretary, upon the recommendation of the Subcommittee, is authorized to make grants to medical schools, hospitals, and re- search centers to assist such medical schools,

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8153

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.

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

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.