38 U.S.C. § 1723 — Furnishing of clothing

Page 454 TITLE 38—VETERANS’ BENEFITS § 1723 this title or any other provision of law, the Sec- retary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary. (b) COPAYMENT FOR MEDICATIONS.—The prohi- bition under subsection (a) shall not apply with respect to the imposition or collection of copay- ments for medications pursuant to section 1722A of this title. (c) MENTAL HEALTH CARE OUTPATIENT VISIT DEFINED.—In this section, the term ‘‘mental health care outpatient visit’’ means an out- patient visit with a qualified mental health pro- fessional for the primary purpose of seeking mental health care or treatment for substance abuse disorder. (d) SUNSET.—This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022. (Added Pub. L. 117–328, div. U, title I, § 193A(a), Dec. 29, 2022, 136 Stat. 5440.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, re- ferred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occur- ring on or after the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022].’’ § 1723. Furnishing of clothing The Secretary shall not furnish clothing to persons who are in Department facilities, except (1) where the furnishing of such clothing to indi- gent persons is necessary to protect health or sanitation, and (2) where the Secretary fur- nishes veterans with special clothing made nec- essary by the wearing of prosthetic appliances. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 623; Pub. L. 94–581, title II, § 210(a)(10), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1723 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS Prior section 1723 was renumbered section 3523 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 623 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1976—Pub. L. 94–581 substituted ‘‘the Administrator furnishes’’ for ‘‘he furnishes’’. 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. § 1724. Hospital care, medical services, and nurs- ing home care abroad (a) Except as provided in subsections (b), (c), and (f), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State. (b)(1) The Secretary may furnish hospital care and medical services outside a State to a vet- eran who is otherwise eligible to receive hos- pital care and medical services if the Secretary determines that such care and services are need- ed for the treatment of a service-connected dis- ability of the veteran or as part of a rehabilita- tion program under chapter 31 of this title. (2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this sub- section only— (A) if the veteran is in the Republic of the Philippines or in Canada; or (B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services. (c) Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Sec- retary may contract, the Secretary may furnish necessary hospital care to a veteran for any non- service-connected disability if such veteran is unable to defray the expenses of necessary hos- pital care. The Secretary may enter into con- tracts to carry out this section. (d) The Secretary may furnish nursing home care, on the same terms and conditions set forth in section 1720(a) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who re- quires a protracted period of nursing home care. (e) Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Sec- retary may furnish a veteran who has a service- connected disability with such medical services as the Secretary determines to be needed. (f)(1)(A) The Secretary may furnish hospital care and medical services in the Freely Associ- ated States, subject to agreements the Sec- retary shall enter into with the governments of the Freely Associated States as described in sec- tion 209(a)(4)(A) of the Compact of Free Associa- tion Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services. (B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Free- ly Associated States.