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38 U.S.C. § 1788 — Transplant procedures with live donors

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1788 — Transplant procedures with live donors

Page 487 TITLE 38—VETERANS’ BENEFITS § 1789 Another prior section 1791 was renumbered section 3695 of this title. Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively. Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Adminis- trator not to approve of enrollment in any course in an institution listed by the Attorney General under sec- tion 12 of Executive Order 10450, prior to repeal by sec- tion 511(1) of Pub. L. 94–502. Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed. AMENDMENTS 2022—Subsec. (b)(3). Pub. L. 117–328 substituted ‘‘sec- tion 1725(h)’’ for ‘‘section 1725(f)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 6, 2012, and applicable with re- spect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title. § 1788. Transplant procedures with live donors and related services (a) IN GENERAL.—Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the De- partment. (b) OTHER SERVICES.—Subject to the avail- ability of appropriations for such purpose,

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Stable record: federal_law:legal_authorities:usc2024-94aa6fa3c82fac269a3633e3
Source file: Laws/federal/codes/united-states-code-2024/title-38/section-1788-transplant-procedures-with-live-donors--ec86c9e3c9.md
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Source location: USCODE-2024-title38-partII-chap17-subchapVIII-sec1788.pdf

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Page 487 TITLE 38—VETERANS’ BENEFITS § 1789 Another prior section 1791 was renumbered section 3695 of this title. Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively. Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Adminis- trator not to approve of enrollment in any course in an institution listed by the Attorney General under sec- tion 12 of Executive Order 10450, prior to repeal by sec- tion 511(1) of Pub. L. 94–502. Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed. AMENDMENTS 2022—Subsec. (b)(3). Pub. L. 117–328 substituted ‘‘sec- tion 1725(h)’’ for ‘‘section 1725(f)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 6, 2012, and applicable with re- spect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title. § 1788. Transplant procedures with live donors and related services (a) IN GENERAL.—Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the De- partment. (b) OTHER SERVICES.—Subject to the avail- ability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such proce- dure. (c) USE OF NON-DEPARTMENT FACILITIES.—In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and med- ical services at a non-Department facility pursu- ant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility. (Added Pub. L. 115–182, title I, § 153(a), June 6, 2018, 132 Stat. 1437; amended Pub. L. 115–251, title II, § 211(a)(10), Sept. 29, 2018, 132 Stat. 3175.) Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–251 substituted ‘‘this title’’ for ‘‘this chapter’’. § 1789. Mental health services for members of the reserve components of the Armed Forces The Secretary, in consultation with the Sec- retary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces. (Added Pub. L. 116–283, div. A, title VII, § 763(a), Jan. 1, 2021, 134 Stat. 3725.) CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS Sec. [1801. Repealed.] SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA 1802. Spina bifida conditions covered. 1803. Health care. 1804. Vocational training and rehabilitation. 1805. Monetary allowance. [1806. Repealed.] SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS 1811. Definitions. 1812. Covered birth defects. 1813. Health care. 1814. Vocational training. 1815. Monetary allowance. 1816. Regulations. SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA 1821. Benefits for children of certain Korea service veterans born with spina bifida. 1822. Benefits for children of certain Thailand serv- ice veterans born with spina bifida. SUBCHAPTER IV—GENERAL PROVISIONS 1831. Definitions. 1832. Applicability of certain administrative provi- sions. 1833. Treatment of receipt of monetary allowance and other benefits. 1834. Nonduplication of benefits. 1835. Advisory council. 1836. Care and coordination teams. 1837. Duration of health care and benefits provided. 1838. Biennial report. Editorial Notes AMENDMENTS 2023—Pub. L. 118–18, § 1(e), Oct. 6, 2023, 137 Stat. 105, added items 1835 to 1838. 2019—Pub. L. 116–23, § 4(c)(2), June 25, 2019, 133 Stat. 971, substituted ‘‘CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA’’ for ‘‘CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA’’ in item for subchapter III and added item 1822. 2003—Pub. L. 108–183, § 102(d)(2), (e)(1), Dec. 16, 2003, 117 Stat. 2654, substituted ‘‘BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS’’ for ‘‘BENEFITS FOR CHILDREN OF VIETNAM VETERANS’’ in chapter heading, added item for subchapter III and item 1821, and redesignated former item for subchapter III and items 1821 to 1824 as item for subchapter IV and items 1831 to 1834, respec- tively. 2000—Pub. L. 106–419, title IV, § 401(f)(1), (3), Nov. 1, 2000, 114 Stat. 1860, 1861, substituted ‘‘BENEFITS FOR CHILDREN OF VIETNAM VETERANS’’ for ‘‘BENE- FITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA’’ in chapter heading, added item for subchapter I, struck out items 1801 ‘‘Definitions’’ and 1806 ‘‘Applicability of certain admin- istrative provisions’’, added item for subchapter II and items 1811 to 1816, and added item for subchapter III and items 1821 to 1824.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1788 — Transplant procedures with live donors and related services

**(a) In General.—** Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department. **(b) Other Services.—** Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure. **(c) Use of Non-Department Facilities.—** In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.

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