38 U.S.C. § 1718 — Therapeutic and rehabilitative activities

Page 405 TITLE 38—VETERANS’ BENEFITS § 1718 EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–322 applicable with re- spect to furnishing of medical services to veterans who apply for such services after June 30, 1988, see section 101(i) of Pub. L. 100–322, set out as a note under section 1703 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. EFFECTIVE DATE Section effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as an Effective Date of 1959 Amendment note under section 1521 of this title. APPLICABILITY OF INCREASE IN GRANT LIMITS Pub. L. 111–163, title V, § 516(b), May 5, 2010, 124 Stat. 1167, provided that: ‘‘A veteran who exhausts such vet- eran’s eligibility for benefits under section 1717(a)(2) of such title [probably means 38 U.S.C. 1717(a)(2)] before the date of the enactment of this Act [May 5, 2010], is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].’’ Pub. L. 102–405, title I, § 101(c), Oct. 9, 1992, 106 Stat. 1973, provided that: ‘‘A veteran who exhausts such vet- eran’s eligibility for benefits under section 1717(a)(2) of title 38, United States Code, before January 1, 1990, is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].’’ § 1718. Therapeutic and rehabilitative activities (a) In providing rehabilitative services under this chapter, the Secretary, upon the rec- ommendation of the Under Secretary for Health, may use the services of patients and members in Department health care facilities for thera- peutic and rehabilitative purposes. Such pa- tients and members shall not under these cir- cumstances be held or considered as employees of the United States for any purpose. The Sec- retary shall prescribe the conditions for the use of such services. (b)(1) In furnishing rehabilitative services under this chapter, the Secretary, upon the rec- ommendation of the Under Secretary for Health, may enter into a contract or other arrangement with any appropriate source (whether or not an element of the Department of Veterans Affairs or of any other Federal entity) to provide for therapeutic work for patients and members in Department health care facilities. (2) Notwithstanding any other provision of law, the Secretary may also furnish rehabilita- tive services under this subsection through con- tractual arrangements with nonprofit entities to provide for such therapeutic work for such patients. The Secretary shall establish appro- priate fiscal, accounting, management, record- keeping, and reporting requirements with re- spect to the activities of any such nonprofit en- tity in connection with such contractual ar- rangements. (c)(1) There is hereby established in the Treas- ury of the United States a revolving fund known as the Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund (hereinafter in this section referred to as the ‘‘fund’’) for the purpose of furnishing rehabilita- tive services authorized in subsection (b) or (d). Such amounts of the fund as the Secretary may determine to be necessary to establish and maintain operating accounts for the various re- habilitative services activities may be deposited in checking accounts in other depositaries se- lected or established by the Secretary. (2) All funds received by the Department under contractual arrangements made under sub- section (b) or (d), or by nonprofit entities de- scribed in subsection (b)(2), shall be deposited in or credited to the fund, and the Secretary shall distribute out of the fund moneys to partici- pants at rates not less than the wage rates spec- ified in the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and regulations prescribed thereunder for work of similar character. (3) The Under Secretary for Health shall pre- pare, for inclusion in the annual report sub- mitted to Congress under section 529 of this title, a description of the scope and achieve- ments of activities carried out under this sec- tion (including pertinent data regarding produc- tivity and rates of distribution) during the prior twelve months and an estimate of the needs of the program of therapeutic and rehabilitation activities to be carried out under this section for the ensuing fiscal year. (d) In providing to a veteran rehabilitative services under this chapter, the Secretary may furnish the veteran with the following: (1) Work skills training and development services. (2) Employment support services. (3) Job development and placement services. (e) In providing rehabilitative services under this chapter, the Secretary shall take appro- priate action to make it possible for the patient to take maximum advantage of any benefits to which such patient is entitled under chapter 31, 34, or 35 of this title, and, if the patient is still receiving treatment of a prolonged nature under this chapter, the provision of rehabilitative services under this chapter shall be continued during, and coordinated with, the pursuit of edu- cation and training under such chapter 31, 34, or 35. (f) The Secretary shall prescribe regulations to ensure that the priorities set forth in section 1705 of this title shall be applied, insofar as prac- ticable, to participation in therapeutic and re- habilitation activities carried out under this section. (g)(1) The Secretary may not consider any of the matters stated in paragraph (2) as a basis for the denial or discontinuance of a rating of total disability for purposes of compensation or pen- sion based on the veteran’s inability to secure or follow a substantially gainful occupation as a result of disability. (2) Paragraph (1) applies to the following: (A) A veteran’s participation in an activity carried out under this section. (B) A veteran’s receipt of a distribution as a result of participation in an activity carried out under this section. (C) A veteran’s participation in a program of rehabilitative services that (i) is provided as part of the veteran’s care furnished by a State home and (ii) is approved by the Secretary as conforming appropriately to standards for ac- tivities carried out under this section. Page 406 TITLE 38—VETERANS’ BENEFITS § 1718 (D) A veteran’s receipt of payment as a re- sult of participation in a program described in subparagraph (C). (3) A distribution of funds made under this section and a payment made to a veteran under a program of rehabilitative services described in paragraph (2)(C) shall be considered for the pur- poses of chapter 15 of this title to be a donation from a public or private relief or welfare organi- zation. (Added Pub. L. 87–574, § 2(1), Aug. 6, 1962, 76 Stat. 308, § 618; amended Pub. L. 94–581, title I, § 105(a), Oct. 21, 1976, 90 Stat. 2845; Pub. L. 98–543, title III, § 303, Oct. 24, 1984, 98 Stat. 2748; Pub. L. 99–576, title II, § 205, Oct. 28, 1986, 100 Stat. 3256; Pub. L. 102–54, §§ 10, 14(b)(12), June 13, 1991, 105 Stat. 273, 284; renumbered § 1718 and amended Pub. L. 102–83, §§ 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 404–406; Pub. L. 102–86, title V, § 506(a)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102–585, title IV, § 401, Nov. 4, 1992, 106 Stat. 4953; Pub. L. 103–446, title XII, § 1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 104–262, title I, § 101(d)(7), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 108–170, title I, § 104(b), Dec. 6, 2003, 117 Stat. 2045; Pub. L. 109–444, § 8(a)(1), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(a)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in subsec. (c)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. AMENDMENTS 2006—Subsec. (c)(2). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amend- ments made by Pub. L. 109–444 were deemed for all pur- poses not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordina- tion of Provisions With Pub. L. 109–444 note under sec- tion 101 of this title. Pub. L. 109–461, § 1004(a)(1), inserted ‘‘of 1938’’ after ‘‘Act’’. Pub. L. 109–444, which inserted ‘‘of 1938’’ after ‘‘Act’’, was terminated by Pub. L. 109–461, § 1006(b). See Amend- ment notes above. 2003—Subsec. (c)(1). Pub. L. 108–170, § 104(b)(2)(A), sub- stituted ‘‘subsection (b) or (d)’’ for ‘‘subsection (b) of this section’’. Subsec. (c)(2). Pub. L. 108–170, § 104(b)(2)(B), sub- stituted ‘‘subsection (b) or (d)’’ for ‘‘subsection (b) of this section’’ and ‘‘subsection (b)(2)’’ for ‘‘paragraph (2) of such subsection’’. Subsecs. (d) to (g). Pub. L. 108–170, § 104(b)(1), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 1996—Subsec. (e). Pub. L. 104–262 substituted ‘‘section 1705’’ for ‘‘section 1712(i)’’. 1994—Subsec. (c)(1). Pub. L. 103–446 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Department’’. 1992—Subsecs. (a), (b)(1), (c)(3). Pub. L. 102–405 sub- stituted ‘‘Under Secretary for Health’’ for ‘‘Chief Med- ical Director’’. Subsec. (f). Pub. L. 102–585 amended subsec. (f) gen- erally. Prior to amendment, subsec. (f) read as follows: ‘‘(1) Neither a veteran’s participation in an activity carried out under this section nor a veteran’s receipt of a distribution as a result of such participation may be considered as a basis for the denial or discontinuance of a rating of total disability for purposes of compensa- tion or pension based on the veteran’s inability to se- cure or follow a substantially gainful occupation as a result of disability. ‘‘(2) A distribution of funds made under this section shall be considered for purposes of chapter 15 of this title to be a donation from a public or private relief or welfare organization.’’ 1991—Pub. L. 102–83, § 5(a), renumbered section 618 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–54, § 10(a), substituted ‘‘a contract or other arrangement with any appropriate source (wheth- er or not an element of the Department of Veterans Af- fairs or of any other Federal entity)’’ for ‘‘contractual arrangements with private industry or other sources outside the Veterans’ Administration’’. Subsec. (b)(2). Pub. L. 102–86 amended subsec. (b)(2) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting ‘‘arrangements’’ for ‘‘arangements’’ in first sentence. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Subsec. (c)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–54, § 10(b), substituted ‘‘furnishing reha- bilitative services authorized in’’ for ‘‘carrying out the provisions of’’. Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (c)(3). Pub. L. 102–83, § 2(c)(3), substituted ‘‘section 529’’ for ‘‘section 214’’. Pub. L. 102–54, § 14(b)(12), inserted ‘‘and’’ after ‘‘pro- ductivity’’. Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1712(i)’’ for ‘‘612(i)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1986—Subsec. (a). Pub. L. 99–576, § 205(1), substituted ‘‘may use’’ for ‘‘may utilize’’, ‘‘purposes. Such’’ for ‘‘purposes, at nominal remuneration, and such’’, and ‘‘use’’ for ‘‘utilization’’. Subsec. (b)(1). Pub. L. 99–576, § 205(2), struck out ‘‘for remuneration’’ after ‘‘therapeutic work’’. Subsec. (c)(2), (3). Pub. L. 99–576, § 205(3), substituted ‘‘distribute’’ for ‘‘pay’’ in par. (2), and substituted ‘‘rates of distribution’’ for ‘‘and wage rates’’ in par. (3). Subsec. (f). Pub. L. 99–576, § 205(4), designated existing provisions as par. (1), substituted ‘‘a distribution’’ for ‘‘remuneration’’, and added par. (2). 1984—Subsec. (f). Pub. L. 98–543 added subsec. (f). 1976—Subsec. (a). Pub. L. 94–581, § 105(a)(1), (2), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘In providing rehabilitative services under this chapter, the’’ for ‘‘The’’ and ‘‘health care facili- ties’’ for ‘‘hospitals and domiciliaries’’. Subsecs. (b) to (e). Pub. L. 94–581, § 105(a)(3), added subsecs. (b) to (e). 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. Page 407 TITLE 38—VETERANS’ BENEFITS § 1720 DEMONSTRATION PROGRAM OF COMPENSATED WORK THERAPY AND THERAPEUTIC TRANSITIONAL HOUSING Pub. L. 102–54, § 7, June 13, 1991, 105 Stat. 269, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, § 501, Aug. 14, 1991, 105 Stat. 424; Pub. L. 103–452, title I, § 103(f), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104–110, title I, § 102(b), Feb. 13, 1996, 110 Stat. 769, authorized Secretary of Veterans’ Affairs, between Oct. 1, 1991, and Dec. 31, 1997, to carry out com- pensated work therapy and therapeutic transitional housing demonstration program, prior to repeal by Pub. L. 105–114, title II, § 202(c)(1), Nov. 21, 1997, 111 Stat. 2287. SETTLEMENT OF CLAIMS Pub. L. 94–581, title I, § 105(b), Oct. 21, 1976, 90 Stat. 2846, as amended by Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L. 102–83, § 6(a), Aug. 6, 1991, 105 Stat. 407, provided that: ‘‘(1) The Secretary of Veterans Affairs may settle claims made by the Department of Veterans Affairs against any private nonprofit corporation organized under the laws of any State, for the use of facilities and personnel of the Department in work projects as a part of a therapeutic or rehabilitation program for patients and members in health care facilities of the Depart- ment, and to execute a binding release of all claims by the United States against any such corporation, in such amounts, and upon such terms and conditions as the Secretary considers appropriate. ‘‘(2) For the purposes of this subsection, notwith- standing section 3302 of title 31, or any other provision of law, the Secretary may utilize any funds received under any settlement made pursuant to paragraph (1) of this subsection for any purpose agreed upon by the Secretary and such corporation.’’ § 1719. Repair or replacement of certain pros- thetic and other appliances The Secretary may repair or replace any arti- ficial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appli- ances) reasonably necessary to a veteran and be- longing to such veteran which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation. (Added Pub. L. 87–850, § 1(a), Oct. 23, 1962, 76 Stat. 1126, § 619; amended Pub. L. 94–581, title II, § 210(a)(6), Oct. 21, 1976, 90 Stat. 2862; renumbered § 1719 and amended Pub. L. 102–83, §§ 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 619 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1976—Pub. L. 94–581 substituted ‘‘belonging to such veteran’’ for ‘‘belonging to him’’. 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 Pub. L. 87–850, § 2, Oct. 23, 1962, 76 Stat. 1126, provided that: ‘‘The amendment made by this Act [enacting this section] shall apply only with respect to the repair or replacement of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or de- stroyed after the date of enactment of this Act [Oct. 23, 1962].’’ § 1720. Transfers for nursing home care; adult day health care (a)(1) Subject to subsection (b) of this section, the Secretary may transfer to a non-Depart- ment nursing home, for care at the expense of the United States— (A) a veteran— (i) who has been furnished care by the Sec- retary in a facility under the direct jurisdic- tion of the Secretary; and (ii) who the Secretary determines— (I) requires a protracted period of nurs- ing home care which can be furnished in the non-Department nursing home; and (II) in the case of a veteran who has been furnished hospital care in a facility under the direct jurisdiction of the Secretary, has received maximum benefits from such care; and (B) a member of the Armed Forces— (i) who has been furnished care in a hos- pital of the Armed Forces; (ii) who the Secretary concerned deter- mines has received maximum benefits from such care but requires a protracted period of nursing home care; and (iii) who upon discharge from the Armed Forces will become a veteran. (2) The Secretary may transfer a person to a nursing home under this subsection only if the Secretary determines that the cost to the United States of the care of such person in the nursing home will not exceed— (A) the amount equal to 45 percent of the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary (as such cost may be deter- mined annually by the Secretary); or (B) the amount equal to 50 percent of such cost, if such higher amount is determined to be necessary by the Secretary (upon the rec- ommendation of the Under Secretary for Health) to provide adequate care. (3) Nursing home care may not be furnished under this subsection at the expense of the United States for more than six months in the aggregate in connection with any one transfer except— (A) in the case of a veteran— (i) who is transferred to a non-Department nursing home from a hospital under the di- rect jurisdiction of the Secretary; and (ii) whose hospitalization was primarily for a service-connected disability; (B) in a case in which the nursing home care is required for a service-connected disability; or (C) in a case in which, in the judgment of the Secretary, a longer period of nursing home care is warranted. (4) A veteran who is furnished care by the Sec- retary in a hospital or domiciliary facility in Alaska or Hawaii may be furnished nursing