38 U.S.C. § 1801 — Untitled legal text

Page 488 TITLE 38—VETERANS’ BENEFITS [§ 1801 1997—Pub. L. 105–114, title IV, § 404(b)(2), Nov. 21, 1997, 111 Stat. 2295, substituted ‘‘Applicability of certain ad- ministrative provisions’’ for ‘‘Effective date of awards’’ in item 1806. [§ 1801. Repealed. Pub. L. 106–419, title IV, § 401(c)(1), Nov. 1, 2000, 114 Stat. 1860] Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–114, title IV, § 404(a), Nov. 21, 1997, 111 Stat. 2294, defined ‘‘child’’ and ‘‘Vietnam veteran’’. A prior section 1801 was renumbered section 3701 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. EFFECTIVE DATE Chapter effective Oct. 1, 1997, notwithstanding sec- tion 421(d) of Pub. L. 104–204, set out below, unless legis- lation other than Pub. L. 104–204 is enacted providing for an earlier effective date, see section 422(c) of Pub. L. 104–204, set out as an Effective Date of 1996 Amend- ment note under section 1151 of this title. Pub. L. 104–204, title IV, § 421(d), Sept. 26, 1996, 110 Stat. 2926, provided that: ‘‘This section [enacting this chapter and amending section 5312 of this title] and the amendments made by this section shall take effect on January 1, 1997.’’ CONGRESSIONAL PURPOSE Pub. L. 104–204, title IV, § 421(a), Sept. 26, 1996, 110 Stat. 2923, provided that: ‘‘The purpose of this section [enacting this chapter and amending section 5312 of this title] is to provide for the special needs of certain children of Vietnam veterans who were born with the birth defect spina bifida, possibly as the result of the exposure of one or both parents to herbicides during ac- tive service in the Republic of Vietnam during the Vietnam era, through the provision of health care and monetary benefits.’’ SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA § 1802. Spina bifida conditions covered This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 106–419, title IV, § 401(e)(1), Nov. 1, 2000, 114 Stat. 1860; Pub. L. 107–14, § 8(b)(3), June 5, 2001, 115 Stat. 36.) Editorial Notes PRIOR PROVISIONS A prior section 1802 was renumbered section 3702 of this title. AMENDMENTS 2001—Pub. L. 107–14 made technical amendment to di- rectory language of Pub. L. 106–419. See 2000 Amend- ment note below. 2000—Pub. L. 106–419, as amended by Pub. L. 107–14, substituted ‘‘This subchapter’’ for ‘‘This chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–14, § 8(b), June 5, 2001, 115 Stat. 36, pro- vided that the amendment made by section 8(b) is effec- tive Nov. 1, 2000, and as if included in the Veterans Ben- efits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. § 1803. Health care (a) In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suf- fering from spina bifida with health care under this section. (b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care pro- vider. (c) For the purposes of this section— (1) The term ‘‘health care’’— (A) means home care, hospital care, nurs- ing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and (B) includes— (i) the training of appropriate members of a child’s family or household in the care of the child; and (ii) the provision of such pharma- ceuticals, supplies, equipment, devices, ap- pliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. (2) The term ‘‘health care provider’’ includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary deter- mines are authorized under this section. (3) The term ‘‘home care’’ means outpatient care, habilitative and rehabilitative care, pre- ventive health services, and health-related services furnished to an individual in the indi- vidual’s home or other place of residence. (4) The term ‘‘hospital care’’ means care and treatment for a disability furnished to an indi- vidual who has been admitted to a hospital as a patient. (5) The term ‘‘nursing home care’’ means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. (6) The term ‘‘outpatient care’’ means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. (7) The term ‘‘preventive care’’ means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary deter- mines necessary to provide effective and eco- nomical preventive health care. (8) The term ‘‘habilitative and rehabilitative care’’ means such professional, counseling, and guidance services and treatment programs (other than vocational training under section