38 U.S.C. § 1785 — Care and services during certain disasters

Page 484 TITLE 38—VETERANS’ BENEFITS § 1785 1 See References in Text note below. (e) DEFINITIONS.—In this section: (1) The term ‘‘campus’’ means, with respect to a hospital of the Department— (A) the physical area immediately adja- cent to the main buildings of the hospital; (B) other areas and structures that are not strictly contiguous to the main buildings but are located not more than 250 yards from the main buildings; and (C) any other areas determined by the Sec- retary to be part of the campus of the hos- pital. (2) The term ‘‘emergency medical condition’’ means— (A) a medical condition manifesting itself by acute symptoms of sufficient severity (in- cluding severe pain) such that the absence of immediate medical attention could reason- ably be expected to result in— (i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (ii) serious impairment to bodily func- tions; or (iii) serious dysfunction of any bodily organ or part; or (B) in the case of a pregnant woman, a stage of labor that a medical provider deter- mines indicates— (i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or (ii) that transfer may pose a threat to the health or safety of the woman or the unborn child. (3)(A) The term ‘‘to stabilize’’ means— (i) with respect to an emergency medical condition described in paragraph (2)(A), to provide such medical treatment of the condi- tion as may be necessary to assure, within reasonable medical probability, that no ma- terial deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility; or (ii) with respect to an emergency medical condition described in paragraph (2)(B), to deliver (including the placenta). (B) The term ‘‘stabilized’’ means— (i) with respect to an emergency medical condition described in paragraph (2)(A), that no material deterioration of the condition is likely, within reasonable medical prob- ability, to result from or occur during the transfer of the individual from a facility; or (ii) with respect to an emergency medical condition described in paragraph (2)(B), that the woman has delivered (including the pla- centa). (4) The term ‘‘transfer’’ means the move- ment (including the discharge) of an indi- vidual outside the facilities of a hospital of the Department at the direction of any person employed by (or affiliated or associated, di- rectly or indirectly, with) the hospital, but does not include such a movement of an indi- vidual who— (A) has been declared dead; or (B) leaves the facility without the permis- sion of any such person. (Added Pub. L. 114–315, title VI, § 606(a), Dec. 16, 2016, 130 Stat. 1572.) § 1785. Care and services during certain disasters and emergencies (a) AUTHORITY TO PROVIDE HOSPITAL CARE AND MEDICAL SERVICES.—During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hos- pital care and medical services to individuals re- sponding to, involved in, or otherwise affected by that disaster or emergency. (b) COVERED DISASTERS AND EMERGENCIES.—A disaster or emergency referred to in this sub- section is any disaster or emergency as follows: (1) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) A disaster or emergency in which the Na- tional Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh) 1 is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law. (c) APPLICABILITY TO ELIGIBLE INDIVIDUALS WHO ARE VETERANS.—The Secretary may fur- nish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that indi- vidual is enrolled in the system of patient en- rollment under section 1705 of this title. (d) REIMBURSEMENT FROM OTHER FEDERAL DE- PARTMENTS AND AGENCIES.—(1) The cost of any care or services furnished under this section to an officer or employee of a department or agen- cy of the United States other than the Depart- ment or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such de- partment or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service fur- nished. (2) Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under section 1729A of this title. (e) REPORT TO CONGRESSIONAL COMMITTEES.— Within 60 days of the commencement of a dis- aster or emergency referred to in subsection (b) in which the Secretary furnishes care and serv- ices under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Sen- ate and the House of Representatives a report on the Secretary’s allocation of facilities and per- sonnel in order to furnish such care and services. (f) REGULATIONS.—The Secretary shall pre- scribe regulations governing the exercise of the authority of the Secretary under this section. (Added Pub. L. 107–287, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2028; amended Pub. L. 109–444, § 8(a)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(a)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 111–275, title X, § 1001(c)(2), Oct. 13, 2010, 124 Stat. 2896.) Page 485 TITLE 38—VETERANS’ BENEFITS § 1786 Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. Section 2812 of the Public Health Service Act, re- ferred to in subsec. (b)(2), is classified to section 300hh–11 of Title 42, The Public Health and Welfare. PRIOR PROVISIONS A prior section 1785 was renumbered section 3685 of this title. AMENDMENTS 2010—Subsec. (b)(2). Pub. L. 111–275 substituted ‘‘sec- tion 2812 of the Public Health Service Act (42 U.S.C. 300hh)’’ for ‘‘section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))’’ and struck out ‘‘paragraph (3)(A) of’’ before ‘‘that section’’. 2006—Subsec. (b)(1). 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)(2), substituted ‘‘Robert T.’’ for ‘‘Robert B.’’. Pub. L. 109–444, which substituted ‘‘Robert T.’’ for ‘‘Robert B.’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System, in- cluding the functions of the Secretary of Homeland Se- curity and the Under Secretary for Emergency Pre- paredness and Response relating thereto, to the Sec- retary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42. For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System of the Department of Health and Human Services, includ- ing the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sec- tions 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1786. Care for newborn children of women vet- erans receiving maternity care (a) IN GENERAL.—Except as provided in sub- section (c), the Secretary may furnish health care services described in subsection (b) and transportation necessary to receive such serv- ices to a newborn child of a woman veteran who is receiving maternity care furnished by the De- partment for not more than seven days after the birth of the child if the veteran delivered the child in— (1) a facility of the Department; (2) another facility pursuant to a Depart- ment contract for services relating to such de- livery; or (3) another location, including a health care facility, if the veteran delivers the child before arriving at a facility described in paragraph (1) or (2). (b) COVERED HEALTH CARE SERVICES.—Health care services described in this subsection are all post-delivery care services, including routine care services, that a newborn child requires, in- cluding necessary health care services provided by a facility other than the facility where the newborn child was delivered (including a spe- cialty pediatric hospital) that accepts transfer of the newborn child and responsibility for treatment of the newborn child. (c) EXCEPTION BASED ON MEDICAL NECESSITY.— Pursuant to such regulations as the Secretary shall prescribe to carry out this section, the Secretary may furnish more than seven days of health care services described in subsection (b), and may furnish transportation necessary to re- ceive such services, to a newborn child based on medical necessity if the child is in need of addi- tional care, including if the child has been dis- charged or released from a hospital and requires readmittance to ensure the health and welfare of the child. (d) TRANSPORTATION.—(1) Transportation fur- nished under subsection (a) to, from, or between care settings to meet the needs of a newborn child includes costs for either or both the new- born child and parents. (2) Transportation furnished under subsection (a) includes transportation by ambulance, in- cluding air ambulance, or other appropriate medically staffed modes of transportation— (A) to another health care facility (including a specialty pediatric hospital) that accepts transfer of the newborn child or otherwise pro- vides post-delivery care services when the treating facility is not capable of furnishing the care or services required; or (B) to a health care facility in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health. (3) Amounts paid by the Department for trans- portation under this section shall be derived from the Medical Services appropriations ac- count of the Department. (e) REIMBURSEMENT OR PAYMENT FOR HEALTH CARE SERVICES OR TRANSPORTATION.—(1) Pursu- ant to regulations the Secretary shall prescribe to establish rates of reimbursement and any limitations thereto under this section, the Sec- retary shall directly reimburse a covered entity for health care services or transportation serv- ices provided under this section, unless the cost of the services or transportation is covered by an established agreement or contract. If such an agreement or contract exists, its negotiated payment terms shall apply. (2)(A) Reimbursement or payment by the Sec- retary under this section on behalf of an indi- vidual to a covered entity shall, unless rejected and refunded by the covered entity within 30 days of receipt, extinguish any liability on the