38 U.S.C. § 1783 — Bereavement counseling

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.)