38 U.S.C. § 1784 — Humanitarian care

Page 482 TITLE 38—VETERANS’ BENEFITS § 1782 § 1782. Counseling, training, and mental health services for immediate family members and caregivers (a) COUNSELING FOR FAMILY MEMBERS OF VET- ERANS RECEIVING SERVICE-CONNECTED TREAT- MENT.—In the case of a veteran who is receiving treatment for a service-connected disability pur- suant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individ- uals described in subsection (c) such consulta- tion, professional counseling, marriage and fam- ily counseling, training, and mental health serv- ices as are necessary in connection with that treatment. (b) COUNSELING FOR FAMILY MEMBERS OF VET- ERANS RECEIVING NON-SERVICE-CONNECTED TREATMENT.—In the case of a veteran who is eli- gible to receive treatment for a non-service-con- nected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals de- scribed in subsection (c) such consultation, pro- fessional counseling, marriage and family coun- seling, training, and mental health services as are necessary in connection with that treat- ment. (c) ELIGIBLE INDIVIDUALS.—Individuals who may be provided services under this subsection are— (1) the members of the immediate family or the legal guardian of a veteran; (2) a family caregiver of an eligible veteran or a caregiver of a covered veteran (as those terms are defined in section 1720G of this title); or (3) the individual in whose household such veteran certifies an intention to live. (d) TRAVEL AND TRANSPORTATION AUTHOR- IZED.—Services provided under subsections (a) and (b) may include, under the terms and condi- tions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the fol- lowing: (1) A veteran who is receiving care for a service-connected disability. (2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title. (Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2462; amended Pub. L. 110–387, title III, § 301(a)(2), Oct. 10, 2008, 122 Stat. 4120; Pub. L. 111–163, title I, § 103(a), (b), May 5, 2010, 124 Stat. 1139, 1140.) Editorial Notes PRIOR PROVISIONS A prior section 1782 was renumbered section 3682 of this title. AMENDMENTS 2010—Pub. L. 111–163, § 103(b), inserted ‘‘and care- givers’’ after ‘‘members’’ in section catchline. Subsec. (c)(2), (3). Pub. L. 111–163, § 103(a), added par. (2) and redesignated former par. (2) as (3). 2008—Subsec. (a). Pub. L. 110–387, § 301(a)(2)(A), in- serted ‘‘marriage and family counseling,’’ after ‘‘profes- sional counseling,’’. Subsec. (b). Pub. L. 110–387, § 301(a)(2)(B), inserted ‘‘marriage and family counseling,’’ after ‘‘professional counseling,’’ and substituted period at end for ‘‘if— ‘‘(1) those services were initiated during the vet- eran’s hospitalization; and ‘‘(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital.’’ § 1783. Bereavement counseling (a) DEATHS OF VETERANS.—In the case of an in- dividual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide be- reavement counseling to that individual in the case of a death— (1) that was unexpected; or (2) that occurred while the veteran was par- ticipating in a hospice program (or a similar program) conducted by the Secretary. (b) DEATHS IN ACTIVE SERVICE.—(1) The Sec- retary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, air, or space service in the line of duty and under cir- cumstances not due to the person’s own mis- conduct. (2) For purposes of this subsection, the mem- bers of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member. (c) PROVISION OF COUNSELING THROUGH VET CENTERS.—Bereavement counseling may be pro- vided under this section through the facilities and personnel of centers for the provision of re- adjustment counseling and related mental health services under section 1712A of this title. (d) BEREAVEMENT COUNSELING DEFINED.—For purposes of this section, the term ‘‘bereavement counseling’’ means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an indi- vidual with the emotional and psychological stress accompanying the death of another indi- vidual. (Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463; amended Pub. L. 109–461, title II, § 216, Dec. 22, 2006, 120 Stat. 3424; Pub. L. 116–283, div. A, title IX, § 926(a)(31), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes PRIOR PROVISIONS A prior section 1783 was renumbered section 3683 of this title. AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2006—Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2). Subsecs. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d). § 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. (Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463.) Page 483 TITLE 38—VETERANS’ BENEFITS § 1784A Editorial Notes PRIOR PROVISIONS Prior section 1784 was renumbered section 3684 of this title. § 1784A. Examination and treatment for emer- gency medical conditions and women in labor (a) IN GENERAL.—In the case of a hospital of the Department that has an emergency depart- ment, if any individual comes to the hospital or the campus of the hospital and a request is made on behalf of the individual for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screen- ing examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition exists. (b) NECESSARY STABILIZING TREATMENT FOR EMERGENCY MEDICAL CONDITIONS AND LABOR.—(1) If any individual comes to a hospital of the De- partment that has an emergency department or the campus of such a hospital and the hospital determines that the individual has an emer- gency medical condition, the hospital must pro- vide either— (A) within the staff and facilities available at the hospital, for such further medical exam- ination and such treatment as may be required to stabilize the medical condition; or (B) for transfer of the individual to another medical facility in accordance with subsection (c). (2) A hospital is deemed to meet the require- ment of paragraph (1)(A) with respect to an indi- vidual if the hospital offers the individual the further medical examination and treatment de- scribed in that paragraph and informs the indi- vidual (or a person acting on behalf of the indi- vidual) of the risks and benefits to the indi- vidual of such examination and treatment, but the individual (or a person acting on behalf of the individual) refuses to consent to the exam- ination and treatment. The hospital shall take all reasonable steps to secure the written in- formed consent of the individual (or person) to refuse such examination and treatment. (3) A hospital is deemed to meet the require- ment of paragraph (1)(B) with respect to an indi- vidual if the hospital offers to transfer the indi- vidual to another medical facility in accordance with subsection (c) and informs the individual (or a person acting on behalf of the individual) of the risks and benefits to the individual of such transfer, but the individual (or a person acting on behalf of the individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written in- formed consent of the individual (or person) to refuse such transfer. (c) RESTRICTING TRANSFERS UNTIL INDIVIDUAL STABILIZED.—(1) If an individual at a hospital of the Department has an emergency medical con- dition that has not been stabilized, the hospital may not transfer the individual unless— (A)(i) the individual (or a legally responsible person acting on behalf of the individual), after being informed of the obligations of the hospital under this section and of the risk of transfer, requests, in writing, transfer to an- other medical facility; (ii) a physician of the Department has signed a certification that, based upon the informa- tion available at the time of transfer, the med- ical benefits reasonably expected from the pro- vision of appropriate medical treatment at an- other medical facility outweigh the increased risks to the individual and, in the case of labor, to the unborn child from effecting the transfer; or (iii) if a physician of the Department is not physically present in the emergency depart- ment at the time an individual is transferred, a qualified medical person (as defined by the Secretary for purposes of this section) has signed a certification described in clause (ii) after a physician of the Department, in con- sultation with the person, has made the deter- mination described in such clause, and subse- quently countersigns the certification; and (B) the transfer is an appropriate transfer to that facility. (2) A certification described in clause (ii) or (iii) of paragraph (1)(A) shall include a summary of the risks and benefits upon which the certifi- cation is based. (3) For purposes of paragraph (1)(B), an appro- priate transfer to a medical facility is a trans- fer— (A) in which the transferring hospital pro- vides the medical treatment within its capac- ity that minimizes the risks to the health of the individual and, in the case of a woman in labor, the health of the unborn child; (B) in which the receiving facility— (i) has available space and qualified per- sonnel for the treatment of the individual; and (ii) has agreed to accept transfer of the in- dividual and to provide appropriate medical treatment; (C) in which the transferring hospital sends to the receiving facility all medical records (or copies thereof) available at the time of the transfer relating to the emergency medical condition for which the individual has pre- sented, including— (i) observations of signs or symptoms; (ii) preliminary diagnosis; (iii) treatment provided; (iv) the results of any tests; and (v) the informed written request or certifi- cation (or copy thereof) provided under para- graph (1)(A); (D) in which the transfer is effected through qualified personnel and transportation equip- ment, including the use of necessary and medi- cally appropriate life support measures during the transfer; and (E) that meets such other requirements as the Secretary considers necessary in the inter- est of the health and safety of the individual or individuals transferred. (d) PAYMENT TO THE DEPARTMENT.—The Sec- retary shall charge for any care or services pro- vided under this section in accordance with bill- ing and reimbursement authorities available to the Secretary under other provisions of law.