38 U.S.C. § 1712C — Dental insurance plan for veterans and

Page 399 TITLE 38—VETERANS’ BENEFITS § 1712C section since the enactment of the Veterans’ Millen- nium Health Care and Benefits Act [Nov. 30, 1999].’’ STUDY OF POST-TRAUMATIC STRESS DISORDER AND OTHER POST-WAR PSYCHOLOGICAL PROBLEMS Pub. L. 98–160, title I, § 102, Nov. 21, 1983, 97 Stat. 994, as amended by Pub. L. 99–576, title II, § 216, Oct. 28, 1986, 100 Stat. 3259, directed Administrator of Veterans’ Af- fairs to provide for the conducting of a comprehensive study of prevalence and incidence in population of Vietnam veterans of post-traumatic stress disorder and other psychological problems of readjusting to civilian life and effects of such problems on such veterans and directed Administrator to submit to Committees on Veterans’ Affairs of Senate and House of Representa- tives not later than Oct. 1, 1986, a report on results of study. READJUSTMENT COUNSELING AND RELATED MENTAL HEALTH SERVICES FOR VETERANS OF WAR DECLARED AFTER JUNE 13, 1979 Pub. L. 96–22, title I, § 103(b), June 13, 1979, 93 Stat. 50, as amended by Pub. L. 102–83, §§ 5(c)(2), 6(d), Aug. 6, 1991, 105 Stat. 406, 407, provided that: ‘‘In the event of a dec- laration of war by the Congress after June 13, 1979, the Secretary of Veterans Affairs, not later than six months after the date of such declaration, shall deter- mine and recommend to the Congress whether eligi- bility for the readjustment counseling and related men- tal health services provided for in section 1712A [for- merly 612A] of title 38, United States Code (as added by subsection (a) of this section) should be extended to the veterans of such war.’’ Executive Documents EX. ORD. NO. 13822. SUPPORTING OUR VETERANS DURING THEIR TRANSITION FROM UNIFORMED SERVICE TO CIVIL- IAN LIFE Ex. Ord. No. 13822, Jan. 9, 2018, 83 F.R. 1513, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to support the health and well-being of uniformed serv- ice members and veterans. After serving our Nation, veterans deserve long, fulfilling civilian lives. Accord- ingly, our Government must improve mental healthcare and access to suicide prevention resources available to veterans, particularly during the critical 1- year period following the transition from uniformed service to civilian life. Most veterans’ experience in uniform increases their resilience and broadens the skills they bring to the civilian workforce. Unfortu- nately, in some cases within the first year following transition, some veterans can have difficulties reinte- grating into civilian life after their military experi- ences and some tragically take their own lives. Vet- erans, in their first year of separation from uniformed service, experience suicide rates approximately two times higher than the overall veteran suicide rate. To help prevent these tragedies, all veterans should have seamless access to high-quality mental healthcare and suicide prevention resources as they transition, with an emphasis on the 1-year period following separation. SEC. 2. Implementation. (a) In furtherance of the policy described in section 1 of this order, I hereby direct the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security to collaborate to address the complex challenges faced by our transitioning uniformed service members and veterans. (b) Within 60 days of the date of this order, the Sec- retary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security shall submit to the President, through the Assistant to the Presi- dent for Domestic Policy, a Joint Action Plan that de- scribes concrete actions to provide, to the extent con- sistent with law, seamless access to mental health treatment and suicide prevention resources for transitioning uniformed service members in the year following discharge, separation, or retirement. (c) Within 180 days of the date of this order, the Sec- retary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security shall submit to the President, through the Assistant to the Presi- dent for Domestic Policy, a status report on the imple- mentation of the Joint Action Plan and how the pro- posed reforms have been effective in improving mental health treatment for all transitioning uniformed serv- ice members and veterans. The report shall include: (i) preliminary progress of reforms implemented by the Joint Action Plan; (ii) any additional reforms that could help further ad- dress the problems that obstruct veterans’ access to re- sources and continuous mental healthcare treatment, including any suggestions for legislative and regu- latory reforms; and (iii) a timeline describing next steps and the results anticipated from continued and additional reforms. SEC. 3. 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 availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1712B. Counseling for former prisoners of war The Secretary may establish a program under which, upon the request of a veteran who is a former prisoner of war, the Secretary, within the limits of Department facilities, furnishes counseling to such veteran to assist such vet- eran in overcoming the psychological effects of the veteran’s detention or internment as a pris- oner of war. (Added Pub. L. 99–166, title I, § 107(a), Dec. 3, 1985, 99 Stat. 945, § 612B; renumbered § 1712B 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 AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 612B 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’’. § 1712C. Dental insurance plan for veterans and survivors and dependents of veterans (a) IN GENERAL.—The Secretary shall establish and administer a dental insurance plan for vet- erans and survivors and dependents of veterans described in subsection (b). (b) COVERED VETERANS AND SURVIVORS AND DE- PENDENTS.—The veterans and survivors and de- pendents of veterans described in this subsection are as follows: (1) Any veteran who is enrolled in the sys- tem of annual patient enrollment under sec- tion 1705 of this title. Page 400 TITLE 38—VETERANS’ BENEFITS [§ 1713 (2) Any survivor or dependent of a veteran who is eligible for medical care under section 1781 of this title. (c) ADMINISTRATION.—The Secretary shall con- tract with a dental insurer to administer the dental insurance plan under this section. (d) BENEFITS.—The dental insurance plan under this section shall provide such benefits for dental care and treatment as the Secretary con- siders appropriate for the dental insurance plan, including diagnostic services, preventative serv- ices, endodontics and other restorative services, surgical services, and emergency services. (e) ENROLLMENT.—(1) Enrollment in the dental insurance plan under this section shall be vol- untary. (2) Enrollment in the dental insurance plan shall be for such minimum period as the Sec- retary shall prescribe for purposes of this sec- tion. (f) PREMIUMS.—(1) Premiums for coverage under the dental insurance plan under this sec- tion shall be in such amount or amounts as the Secretary shall prescribe to cover all costs asso- ciated with carrying out this section. (2) The Secretary shall adjust the premiums payable under this section for coverage under the dental insurance plan on an annual basis. Each individual covered by the dental insurance plan at the time of such an adjustment shall be notified of the amount and effective date of such adjustment. (3) Each individual covered by the dental in- surance plan shall pay the entire premium for coverage under the dental insurance plan, in ad- dition to the full cost of any copayments. (g) VOLUNTARY DISENROLLMENT.—(1) With re- spect to enrollment in the dental insurance plan under this section, the Secretary shall— (A) permit the voluntary disenrollment of an individual in the dental insurance plan if the disenrollment occurs during the 30-day period beginning on the date of the enrollment of the individual in the dental insurance plan; and (B) permit the voluntary disenrollment of an individual in the dental insurance plan for such circumstances as the Secretary shall pre- scribe for purposes of this subsection, but only to the extent such disenrollment does not jeopardize the fiscal integrity of the dental in- surance plan. (2) The circumstances prescribed under para- graph (1)(B) shall include the following: (A) If an individual enrolled in the dental in- surance plan relocates to a location outside the jurisdiction of the dental insurance plan that prevents use of the benefits under the dental insurance plan. (B) If an individual enrolled in the dental in- surance plan is prevented by a serious medical condition from being able to obtain benefits under the dental insurance plan. (C) Such other circumstances as the Sec- retary shall prescribe for purposes of this sub- section. (3) The Secretary shall establish procedures for determinations on the permissibility of vol- untary disenrollments under paragraph (1)(B). Such procedures shall ensure timely determina- tions on the permissibility of such disenrollments. (h) RELATIONSHIP TO DENTAL CARE PROVIDED BY SECRETARY.—Nothing in this section shall af- fect the responsibility of the Secretary to pro- vide dental care under section 1712 of this title, and the participation of an individual in the dental insurance plan under this section shall not affect the entitlement of the individual to outpatient dental services and treatment, and related dental appliances, under such section 1712. (i) REGULATIONS.—The dental insurance plan under this section shall be administered under such regulations as the Secretary shall pre- scribe. (Added Pub. L. 114–218, § 2(a)(1), July 29, 2016, 130 Stat. 842; amended Pub. L. 117–42, § 2, Sept. 30, 2021, 135 Stat. 342.) Editorial Notes AMENDMENTS 2021—Subsec. (j). Pub. L. 117–42 struck out subsec. (j). Text read as follows: ‘‘This section terminates on De- cember 31, 2021.’’ [§ 1713. Renumbered § 1781] Editorial Notes PRIOR PROVISIONS A prior section 1713 was renumbered section 3513 of this title. § 1714. Fitting and training in use of prosthetic appliances; guide dogs; service dogs (a)(1) Any veteran who is entitled to a pros- thetic appliance shall be furnished such fitting and training, including institutional training, in the use of such appliance as may be necessary, whether in a Department facility or other train- ing institution, or by outpatient treatment, in- cluding such service under contract, and includ- ing travel and incidental expenses (under the terms and conditions set forth in section 111 of this title) to and from such veteran’s home to such hospital or training institution. (2) In furnishing prosthetic appliances under paragraph (1), the Secretary shall ensure women veterans are able to access clinically appro- priate prosthetic appliances through each med- ical facility of the Department. (b) The Secretary may provide guide dogs trained for the aid of the blind to veterans who are enrolled under section 1705 of this title. The Secretary may also provide such veterans with mechanical or electronic equipment for aiding them in overcoming the disability of blindness. (c) The Secretary may, in accordance with the priority specified in section 1705 of this title, provide— (1) service dogs trained for the aid of the hearing impaired to veterans who are hearing impaired and are enrolled under section 1705 of this title; (2) service dogs trained for the aid of persons with spinal cord injury or dysfunction or other chronic impairment that substantially limits mobility to veterans with such injury, dys- function, or impairment who are enrolled under section 1705 of this title; and (3) service dogs trained for the aid of persons with mental illnesses, including post-trau-