38 U.S.C. § 1724 — Hospital care, medical services, and nurs-

Page 454 TITLE 38—VETERANS’ BENEFITS § 1723 this title or any other provision of law, the Sec- retary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary. (b) COPAYMENT FOR MEDICATIONS.—The prohi- bition under subsection (a) shall not apply with respect to the imposition or collection of copay- ments for medications pursuant to section 1722A of this title. (c) MENTAL HEALTH CARE OUTPATIENT VISIT DEFINED.—In this section, the term ‘‘mental health care outpatient visit’’ means an out- patient visit with a qualified mental health pro- fessional for the primary purpose of seeking mental health care or treatment for substance abuse disorder. (d) SUNSET.—This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022. (Added Pub. L. 117–328, div. U, title I, § 193A(a), Dec. 29, 2022, 136 Stat. 5440.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, re- ferred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occur- ring on or after the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022].’’ § 1723. Furnishing of clothing The Secretary shall not furnish clothing to persons who are in Department facilities, except (1) where the furnishing of such clothing to indi- gent persons is necessary to protect health or sanitation, and (2) where the Secretary fur- nishes veterans with special clothing made nec- essary by the wearing of prosthetic appliances. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 623; Pub. L. 94–581, title II, § 210(a)(10), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1723 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS Prior section 1723 was renumbered section 3523 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 623 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1976—Pub. L. 94–581 substituted ‘‘the Administrator furnishes’’ for ‘‘he furnishes’’. 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. § 1724. Hospital care, medical services, and nurs- ing home care abroad (a) Except as provided in subsections (b), (c), and (f), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State. (b)(1) The Secretary may furnish hospital care and medical services outside a State to a vet- eran who is otherwise eligible to receive hos- pital care and medical services if the Secretary determines that such care and services are need- ed for the treatment of a service-connected dis- ability of the veteran or as part of a rehabilita- tion program under chapter 31 of this title. (2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this sub- section only— (A) if the veteran is in the Republic of the Philippines or in Canada; or (B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services. (c) Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Sec- retary may contract, the Secretary may furnish necessary hospital care to a veteran for any non- service-connected disability if such veteran is unable to defray the expenses of necessary hos- pital care. The Secretary may enter into con- tracts to carry out this section. (d) The Secretary may furnish nursing home care, on the same terms and conditions set forth in section 1720(a) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who re- quires a protracted period of nursing home care. (e) Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Sec- retary may furnish a veteran who has a service- connected disability with such medical services as the Secretary determines to be needed. (f)(1)(A) The Secretary may furnish hospital care and medical services in the Freely Associ- ated States, subject to agreements the Sec- retary shall enter into with the governments of the Freely Associated States as described in sec- tion 209(a)(4)(A) of the Compact of Free Associa- tion Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services. (B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Free- ly Associated States. Page 455 TITLE 38—VETERANS’ BENEFITS § 1724 1 So in original. Probably should be preceded by ‘‘the’’. (2) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through— (A) contracts or other agreements; (B) reimbursement; or (C) the direct provision of care by health care personnel of the Department. (3) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condi- tion is connected to the service of the veteran in the Armed Forces. (4)(A) A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical serv- ices in that country regardless of whether the country continues to qualify as a Freely Associ- ated State for purposes of this subsection. (B) If the Secretary determines it is no longer advisable or practicable to allow veterans de- scribed in subparagraph (A) to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall— (i) provide direct notice of that determina- tion to such veterans; and (ii) publish that determination and the rea- sons for that determination in the Federal Register. (5) In this subsection, the term ‘‘Freely Asso- ciated States’’ means— (A) the Federated States of Micronesia, dur- ing such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Com- pact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and (C) the Republic of Palau, during such time as it is a party to the Compact of Free Asso- ciation between the United States and the Government of Palau set forth in section 201 of Joint 1 Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Govern- ment of Palau, and for other purposes’’ (Public Law 99–658; 48 U.S.C. 1931 note). (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 624; Pub. L. 86–152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86–624, § 25(a), July 12, 1960, 74 Stat. 418; Pub. L. 87–815, § 4, Oct. 15, 1962, 76 Stat. 927; Pub. L. 93–82, title I, § 108, Aug. 2, 1973, 87 Stat. 186; Pub. L. 94–581, title II, §§ 202(l), 210(a)(11), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 95–520, § 3(a), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97–72, title I, § 107(a), Nov. 3, 1981, 95 Stat. 1051; Pub. L. 97–295, § 4(20), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 100–322, title I, § 105, May 20, 1988, 102 Stat. 493; renumbered § 1724 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–377, § 1(a)(1) [title V, § 501(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–58; Pub. L. 118–42, div. G, title II, § 209(a)(2), Mar. 9, 2024, 138 Stat. 438.) Editorial Notes REFERENCES IN TEXT Section 209(a)(4)(A) of the Compact of Free Associa- tion Amendments Act of 2024, referred to in subsec. (f)(1)(A), is classified to section 1988(a)(4)(A) of Title 48, Territories and Insular Possessions. PRIOR PROVISIONS Prior section 1724 was renumbered section 3524 of this title. Prior section 1725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, related to period of operation for approval by Administrator, prior to repeal by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this title. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–42, § 209(a)(2)(A), sub- stituted ‘‘subsections (b), (c), and (f)’’ for ‘‘subsections (b) and (c)’’. Subsec. (f). Pub. L. 118–42, § 209(a)(2)(B), added subsec. (f). 2000—Subsec. (e). Pub. L. 106–377 added subsec. (e). 1991—Pub. L. 102–83, § 5(a), renumbered section 624 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1720(a)’’ for ‘‘620(a)’’. 1988—Subsec. (b). Pub. L. 100–322 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The Administrator may furnish necessary hos- pital care and medical services to any otherwise eligi- ble veteran for any service-connected disability if the veteran (1) is a citizen of the United States sojourning or residing abroad, or (2) is in the Republic of the Phil- ippines.’’ 1982—Pub. L. 97–295 substituted ‘‘Hospital care, med- ical services, and nursing home care abroad’’ for ‘‘Hos- pital care and medical services abroad’’ in section catchline, without regard to a prior amendment by Pub. L. 93–82, which had substituted ‘‘Hospital care, medical services and nursing home care abroad’’ for ‘‘Hospital care and medical services abroad’’. See 1973 Amendment note below. 1981—Subsec. (d). Pub. L. 97–72 struck out ‘‘and at the same rate as specified in section 632(a)(4) of this title’’ after ‘‘on the same terms and conditions set forth in section 620(a) of this title’’. 1978—Subsec. (c). Pub. L. 95–520 substituted ‘‘Veterans Memorial Medical Center’’ for ‘‘Veterans Memorial Hospital’’. 1976—Subsec. (c). Pub. L. 94–581 substituted ‘‘the Ad- ministrator may furnish’’ for ‘‘he may furnish’’ and ‘‘hospital care to a veteran for any’’ for ‘‘hospital care to a veteran of any war for any’’. 1973—Pub. L. 93–82, § 108(b), substituted ‘‘Hospital care, medical services and nursing home care abroad’’ for ‘‘Hospital care and medical services abroad’’ in sec- tion catchline. Subsec. (d). Pub. L. 93–82, § 108(a), added subsec. (d). 1962—Subsec. (b). Pub. L. 87–815 struck out ‘‘tempo- rarily’’ before ‘‘sojourning’’. 1960—Subsec. (a). Pub. L. 86–624 substituted ‘‘outside any State’’ for ‘‘outside the continental limits of the United States, or a Territory, Commonwealth, or pos- session of the United States’’. 1959—Subsec. (b). Pub. L. 86–152 extended authority to provide hospital and medical care for veterans who are United States citizens temporarily residing abroad to include those with peacetime service-incurred disabil- ities. Page 456 TITLE 38—VETERANS’ BENEFITS § 1725 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. 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. § 1725. Reimbursement for emergency treatment (a) GENERAL AUTHORITY.—(1) Subject to sub- sections (c) and (d), the Secretary shall reim- burse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facil- ity. (2) In any case in which reimbursement is au- thorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in lieu of re- imbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly— (A) to a hospital or other health care pro- vider 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 ac- tive Department health-care participant who is personally liable for emergency treatment fur- nished 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; 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 emer- gency 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 services from any de- partment or agency of the United States); (C) has no other contractual or legal re- course against a third party that would, in whole, extinguish such liability to the pro- vider; and (D) is not eligible for reimbursement for medical care or services under section 1728 of this title. (c) LIMITATIONS ON REIMBURSEMENT.—(1) The Secretary, in accordance with regulations pre- scribed by the Secretary, shall— (A) establish the maximum amount payable under subsection (a); (B) delineate the circumstances under which such payments may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and (C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable. (2) Subject to paragraph (1), the Secretary may provide reimbursement under this section only after the veteran or the provider of emer- gency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment. (3) Payment by the Secretary under this sec- tion on behalf of a veteran to a provider of emer- gency treatment shall, unless rejected and re- funded by the provider within 30 days of receipt, extinguish any liability on the part of the vet- eran for that treatment. Neither the absence of a contract or agreement between the Secretary and the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the require- ment in the preceding sentence. (4)(A) If the veteran has contractual or legal recourse against a third party that would only, in part, extinguish the veteran’s liability to the provider of the emergency treatment, and pay- ment for the treatment may be made both under subsection (a) and by the third party, the amount payable for such treatment under such subsection shall be the amount by which the costs for the emergency treatment exceed the amount payable or paid by the third party, ex- cept that the amount payable may not exceed the maximum amount payable established under paragraph (1)(A). (B) In any case in which a third party is finan- cially responsible for part of the veteran’s emer- gency treatment expenses, the Secretary shall be the secondary payer. (C) A payment in the amount payable under subparagraph (A) shall be considered payment in full and shall extinguish the veteran’s liability to the provider. (D) The Secretary may not reimburse a vet- eran under this section for any copayment or similar payment that the veteran owes the third party or for which the veteran is responsible under a health-plan contract. (d) INDEPENDENT RIGHT OF RECOVERY.—(1) In accordance with regulations prescribed by the Secretary, the United States shall have the independent right to recover any amount paid under this section when, and to the extent that, a third party subsequently makes a payment for the same emergency treatment. (2) Any amount paid by the United States to the veteran (or the veteran’s personal represent- ative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment. (3) Any amount paid by the United States to the provider that furnished the veteran’s emer- gency treatment shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treatment for which the United States made payment. (4) The veteran (or the veteran’s personal rep- resentative, successor, dependents, or survivors)