38 U.S.C. § 1803 — Health care

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 Repealed.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 Page 489 TITLE 38—VETERANS’ BENEFITS § 1804 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled per- son. (9) The term ‘‘respite care’’ means care fur- nished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such pri- vate residence. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–368, title X, § 1005(b)(4), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110–387, title IV, § 408(a), Oct. 10, 2008, 122 Stat. 4130.) Editorial Notes PRIOR PROVISIONS A prior section 1803 was renumbered section 3703 of this title. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–387 substituted ‘‘health care under this section’’ for ‘‘such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition’’. 1998—Subsec. (c)(2). Pub. L. 105–368 substituted ‘‘fur- nishing health care services that the Secretary deter- mines are authorized’’ for ‘‘who furnishes health care that the Secretary determines authorized’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–387, title IV, § 408(b), Oct. 10, 2008, 122 Stat. 4130, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to care furnished after the date of the enactment of this Act [Oct. 10, 2008].’’ § 1804. Vocational training and rehabilitation (a) Pursuant to such regulations as the Sec- retary may prescribe, the Secretary may pro- vide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. (b) Any program of vocational training for a child under this section shall— (1) be designed in consultation with the child in order to meet the child’s individual needs; (2) be set forth in an individualized written plan of vocational rehabilitation; and (3) be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection. (c)(1) A vocational training program for a child under this section— (A) shall consist of such vocationally ori- ented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vo- cational training or employment; and (B) may include a program of education at an institution of higher learning if the Sec- retary determines that the program of edu- cation is predominantly vocational in content. (2) A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment. (d)(1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational train- ing program under this section may not exceed 24 months. (2) The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is nec- essary in order for the child to achieve a voca- tional goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b). (3) A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, ex- cept that, if the child is above the age of com- pulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday. (e)(1) A child who is pursuing a program of vo- cational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assist- ance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance. (2) The aggregate period for which a child may receive assistance under this section and chap- ter 35 of this title may not exceed 48 months (or the part-time equivalent thereof). (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2924; amended Pub. L. 105–114, title IV, § 404(c), Nov. 21, 1997, 111 Stat. 2295; Pub. L. 108–183, title VII, § 708(a)(3), Dec. 16, 2003, 117 Stat. 2673.) Editorial Notes PRIOR PROVISIONS A prior section 1804 was renumbered section 3704 of this title. AMENDMENTS 2003—Subsec. (c)(2). Pub. L. 108–183 substituted ‘‘sec- tion’’ for ‘‘subsection’’. 1997—Subsec. (b). Pub. L. 105–114, § 404(c)(1), sub- stituted ‘‘shall—’’ for ‘‘shall be designed in consulta- tion with the child in order to meet the child’s indi- vidual needs and shall be set forth in an individualized written plan of vocational rehabilitation.’’ and added pars. (1) to (3). Subsec. (c)(1)(B). Pub. L. 105–114, § 404(c)(2), sub- stituted ‘‘higher learning’’ for ‘‘higher education’’. Subsec. (d)(3). Pub. L. 105–114, § 404(c)(3), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–114, title IV, § 404(d), Nov. 21, 1997, 111 Stat. 2295, provided that: ‘‘The amendments made by this section [amending this section and sections 1801 and 1806 of this title] shall take effect as of October 1, 1997.’’