38 U.S.C. § 1712 — Dental care; drugs and medicines for cer-

Page 370 TITLE 38—VETERANS’ BENEFITS § 1711 standards for the provision of such treatment or services established by an independent, peer-re- viewed organization that accredits specialized rehabilitation programs for adults with trau- matic brain injury. (Added Pub. L. 110–181, div. A, title XVII, § 1703(a), Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111–163, title V, § 509, May 5, 2010, 124 Stat. 1162; Pub. L. 112–154, title I, § 107(c), Aug. 6, 2012, 126 Stat. 1173.) Editorial Notes REFERENCES IN TEXT The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of sub- chapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–154, § 107(c), inserted ‘‘, including rehabilitative services (as defined in sec- tion 1710C of this title),’’ after ‘‘medical services’’. 2010—Subsecs. (b) to (d). Pub. L. 111–163 added sub- secs. (b) and (d) and redesignated former subsec. (b) as (c). § 1711. Care during examinations and in emer- gencies (a) The Secretary may furnish hospital care incident to physical examinations where such examinations are necessary in carrying out the provisions of other laws administered by the Secretary. [(b) Repealed. Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.] (c)(1) The Secretary may contract with any or- ganization named in, or approved by the Sec- retary under, section 5902 of this title to provide for the furnishing by the Secretary, on a reim- bursable basis (as prescribed by the Secretary), of emergency medical services to individuals at- tending any national convention of such organi- zation, except that reimbursement shall not be required for services furnished under this sub- section to the extent that the individual receiv- ing such services would otherwise be eligible under this chapter for medical services. (2) The authority of the Secretary to enter into contracts under this subsection shall be ef- fective for any fiscal year only to such extent or in such amounts as are provided in appropria- tion Acts. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 611; Pub. L. 94–581, title II, §§ 202(e), 210(a)(2), Oct. 21, 1976, 90 Stat. 2856, 2862; Pub. L. 96–22, title II, § 202, June 13, 1979, 93 Stat. 54; Pub. L. 96–128, title V, § 501(a), Nov. 28, 1979, 93 Stat. 987; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1711 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.) Editorial Notes PRIOR PROVISIONS Prior section 1711 was renumbered section 3511 of this title. AMENDMENTS 2002—Subsec. (b). Pub. L. 107–135 struck out subsec. (b) which read as follows: ‘‘The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care at rates prescribed by the Sec- retary.’’ 1991—Pub. L. 102–83, § 5(a), renumbered section 611 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (c)(1). Pub. L. 102–40 substituted ‘‘5902’’ for ‘‘3402’’. 1979—Subsec. (c). Pub. L. 96–22 added subsec. (c). Subsec. (c)(1). Pub. L. 96–128 substituted ‘‘named in, or approved by the Administrator under,’’ for ‘‘recog- nized by the Administrator for the purposes of’’. 1976—Pub. L. 94–581, § 202(e)(1), substituted ‘‘Care’’ for ‘‘Hospitalization’’ in section catchline. Subsec. (a). Pub. L. 94–581, § 210(a)(2)(A), substituted ‘‘administered by the Administrator’’ for ‘‘adminis- tered by him’’. Subsec. (b). Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted ‘‘hospital care or medical services’’ for ‘‘hospital care’’, ‘‘the Administrator shall charge’’ for ‘‘he shall charge’’, and ‘‘prescribed by the Adminis- trator’’ for ‘‘prescribed by him’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title. 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. § 1712. Dental care; drugs and medicines for cer- tain disabled veterans; vaccines (a)(1) Outpatient dental services and treat- ment, and related dental appliances, shall be furnished under this section only for a dental condition or disability— (A) which is service-connected and compen- sable in degree; (B) which is service-connected, but not com- pensable in degree, but only if— (i) the dental condition or disability is shown to have been in existence at the time of the veteran’s discharge or release from ac- tive military, naval, air, or space service; (ii) the veteran had served on active duty for a period of not less than 180 days or, in the case of a veteran who served on active duty during the Persian Gulf War, 90 days immediately before such discharge or re- lease; (iii) application for treatment is made within 180 days after such discharge or re- lease, except that (I) in the case of a veteran who reentered active military, naval, air, or space service within 90 days after the date of such veteran’s prior discharge or release from such service, application may be made within 180 days from the date of such vet- eran’s subsequent discharge or release from such service, and (II) if a disqualifying dis- charge or release has been corrected by com- petent authority, application may be made within 180 days after the date of correction; and Page 371 TITLE 38—VETERANS’ BENEFITS § 1712 (iv) the veteran’s certificate of discharge or release from active duty does not bear a certification that the veteran was provided, within the 90-day period immediately before the date of such discharge or release, a com- plete dental examination (including dental X-rays) and all appropriate dental services and treatment indicated by the examination to be needed; (C) which is a service-connected dental con- dition or disability due to combat wounds or other service trauma, or of a former prisoner of war; (D) which is associated with and is aggra- vating a disability resulting from some other disease or injury which was incurred in or ag- gravated by active military, naval, air, or space service; (E) which is a non-service-connected condi- tion or disability of a veteran for which treat- ment was begun while such veteran was re- ceiving hospital care under this chapter and such services and treatment are reasonably necessary to complete such treatment; (F) from which a veteran who is a former prisoner of war is suffering; (G) from which a veteran who has a service- connected disability rated as total is suffering; or (H) the treatment of which is medically nec- essary (i) in preparation for hospital admis- sion, or (ii) for a veteran otherwise receiving care or services under this chapter. (2) The Secretary concerned shall at the time a member of the Armed Forces is discharged or released from a period of active military, naval, air, or space service of not less than 180 days or, in the case of a veteran who served on active duty during the Persian Gulf War, 90 days pro- vide to such member a written explanation of the provisions of clause (B) of paragraph (1) of this subsection and enter in the service records of the member a statement signed by the mem- ber acknowledging receipt of such explanation (or, if the member refuses to sign such state- ment, a certification from an officer designated for such purpose by the Secretary concerned that the member was provided such expla- nation). (3) The total amount which the Secretary may expend for furnishing, during any twelve-month period, outpatient dental services, treatment, or related dental appliances to a veteran under this section through private facilities for which the Secretary has contracted or entered an agree- ment may not exceed $1,000 unless the Secretary determines, prior to the furnishing of such serv- ices, treatment, or appliances and based on an examination of the veteran by a dentist em- ployed by the Department (or, in an area where no such dentist is available, by a dentist con- ducting such examination under a contract or fee arrangement), that the furnishing of such services, treatment, or appliances at such cost is reasonably necessary. (4)(A) Except as provided in subparagraph (B) of this paragraph, in any year in which the President’s Budget for the fiscal year beginning October 1 of such year includes an amount for expenditures for contract dental care during such fiscal year in excess of the level of expendi- tures made for such purpose during fiscal year 1978, the Secretary shall, not later than Feb- ruary 15 of such year, submit a report to the ap- propriate committees of the Congress justifying the requested level of expenditures for contract dental care and explaining why the application of the criteria prescribed in section 1703 of this title for contracting with private facilities and in the second sentence of section 1710(c) of this title for furnishing incidental dental care to hospitalized veterans will not preclude the need for expenditures for contract dental care in ex- cess of the fiscal year 1978 level of expenditures for such purpose. In any case in which the amount included in the President’s Budget for any fiscal year for expenditures for contract dental care under such provisions is not in ex- cess of the level of expenditures made for such purpose during fiscal year 1978 and the Sec- retary determines after the date of submission of such budget and before the end of such fiscal year that the level of expenditures for such con- tract dental care during such fiscal year will ex- ceed the fiscal year 1978 level of expenditures, the Secretary shall submit a report to the ap- propriate committees of the Congress con- taining both a justification (with respect to the projected level of expenditures for such fiscal year) and an explanation as required in the pre- ceding sentence in the case of a report sub- mitted pursuant to such sentence. Any report submitted pursuant to this paragraph shall in- clude a comment by the Secretary on the effect of the application of the criteria prescribed in the second sentence of section 1710(c) of this title for furnishing incidental dental care to hospitalized veterans. (B) A report under subparagraph (A) of this paragraph with respect to a fiscal year is not re- quired if, in the documents submitted by the Secretary to the Congress in justification for the amounts included for Department programs in the President’s Budget, the Secretary speci- fies with respect to contract dental care de- scribed in such subparagraph— (i) the actual level of expenditures for such care in the fiscal year preceding the fiscal year in which such Budget is submitted; (ii) a current estimate of the level of expend- itures for such care in the fiscal year in which such Budget is submitted; and (iii) the amount included in such Budget for such care. (b) Dental services and related appliances for a dental condition or disability described in para- graph (1)(B) of subsection (a) shall be furnished on a one-time completion basis, unless the serv- ices rendered on a one-time completion basis are found unacceptable within the limitations of good professional standards, in which event such additional services may be afforded as are re- quired to complete professionally acceptable treatment. (c) Dental appliances, wheelchairs, artificial limbs, trusses, special clothing, and similar ap- pliances to be furnished by the Secretary under this section may be procured by the Secretary either by purchase or by manufacture, which- ever the Secretary determines may be advan- tageous and reasonably necessary. Page 372 TITLE 38—VETERANS’ BENEFITS § 1712 (d) The Secretary shall furnish to each veteran who is receiving additional compensation or al- lowance under chapter 11 of this title, or in- creased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance, such drugs and medicines as may be ordered on pre- scription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran. The Secretary shall continue to furnish such drugs and medicines so ordered to any such veteran in need of regular aid and attendance whose pension payments have been discontinued solely because such vet- eran’s annual income is greater than the appli- cable maximum annual income limitation, but only so long as such veteran’s annual income does not exceed such maximum annual income limitation by more than $1,000. (e) In order to assist the Secretary of Health and Human Services in carrying out national immunization programs under other provisions of law, the Secretary may authorize the admin- istration of immunizations to eligible veterans who voluntarily request such immunizations in connection with the provision of care for a dis- ability under this chapter in any Department health care facility. Any such immunization shall be made using vaccine furnished by the Secretary of Health and Human Services at no cost to the Department. For such purpose, not- withstanding any other provision of law, the Secretary of Health and Human Services may provide such vaccine to the Department at no cost. Section 7316 of this title shall apply to claims alleging negligence or malpractice on the part of Department personnel granted immunity under such section. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 612; Pub. L. 86–639, § 1, July 12, 1960, 74 Stat. 472; Pub. L. 87–377, § 1, Oct. 4, 1961, 75 Stat. 806; Pub. L. 87–583, § 2, Aug. 14, 1962, 76 Stat. 381; Pub. L. 88–430, Aug. 14, 1964, 78 Stat. 438; Pub. L. 88–450, § 7, Aug. 19, 1964, 78 Stat. 504; Pub. L. 88–664, § 8, Oct. 13, 1964, 78 Stat. 1096; Pub. L. 90–77, title II, § 203(b), Aug. 31, 1967, 81 Stat. 183; Pub. L. 91–102, Oct. 30, 1969, 83 Stat. 168; Pub. L. 91–500, §§ 2, 3, Oct. 22, 1970, 84 Stat. 1096; Pub. L. 91–588, §§ 4, 9(f), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 93–82, title I, § 103(a), Aug. 2, 1973, 87 Stat. 180; Pub. L. 94–581, title I, § 103(a), title II, §§ 202(f), 210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862; Pub. L. 95–588, title III, § 302, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96–22, title I, §§ 101, 102(b), June 13, 1979, 93 Stat. 47; Pub. L. 96–151, title II, §§ 203, 204, Dec. 20, 1979, 93 Stat. 1094; Pub. L. 97–35, title XX, § 2002(a), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97–37, §§ 3(b), 5(b), (c), Aug. 14, 1981, 95 Stat. 936, 937; Pub. L. 97–72, title I, §§ 102(b), 103(a), (b), Nov. 3, 1981, 95 Stat. 1048, 1049; Pub. L. 97–295, § 4(17), (95)(A), Oct. 12, 1982, 96 Stat. 1306, 1313; Pub. L. 99–166, title I, § 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99–272, title XIX, §§ 19011(b), 19012(c)(1), (2), Apr. 7, 1986, 100 Stat. 375, 382; Pub. L. 99–576, title II, §§ 202, 231(b), 237(b)(2), title VII, § 702(5), Oct. 28, 1986, 100 Stat. 3254, 3263, 3267, 3301; Pub. L. 100–322, title I, §§ 101(a)–(c), (d)(2), (e)(1), (2), (f), (g)(1), (h)(1), 106, May 20, 1988, 102 Stat. 489–492, 494; Pub. L. 101–508, title VIII, § 8013(b), Nov. 5, 1990, 104 Stat. 1388–346; Pub. L. 102–25, title III, § 334(a), (c), Apr. 6, 1991, 105 Stat. 88, 89; renumbered § 1712 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), (5), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title III, §§ 301, 302, Aug. 14, 1991, 105 Stat. 416; Pub. L. 102–585, title I, § 103, Nov. 4, 1992, 106 Stat. 4946; Pub. L. 103–210, § 1(b), Dec. 20, 1993, 107 Stat. 2496; Pub. L. 103–446, title XII, § 1201(d)(3), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 103–452, title I, §§ 101(e), 103(a)(2), Nov. 2, 1994, 108 Stat. 4784, 4786; Pub. L. 104–110, title I, § 101(a)(2), Feb. 13, 1996, 110 Stat. 768; Pub. L. 104–262, title I, § 101(b)(2)–(c)(2)(A), Oct. 9, 1996, 110 Stat. 3179; Pub. L. 106–419, title IV, § 404(a)(3), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 108–170, title I, § 101(a), Dec. 6, 2003, 117 Stat. 2043; Pub. L. 110–181, div. A, title XVII, § 1709, Jan. 28, 2008, 122 Stat. 494; Pub. L. 115–182, title I, § 144(a)(1)(A), June 6, 2018, 132 Stat. 1429; Pub. L. 116–283, div. A, title IX, § 926(a)(22), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes PRIOR PROVISIONS Prior section 1712 was renumbered section 3512 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’ wherever appearing. 2018—Subsec. (a)(3). Pub. L. 115–182, § 144(a)(1)(A)(i), substituted ‘‘or entered an agreement’’ for ‘‘under clause (1), (2), or (5) of section 1703(a) of this title’’. Subsec. (a)(4)(A). Pub. L. 115–182, § 144(a)(1)(A)(ii), struck out ‘‘under the provisions of this subsection and section 1703 of this title’’ after ‘‘amount for expendi- tures for contract dental care’’. 2008—Subsec. (a)(1)(B)(iii). Pub. L. 110–181 substituted ‘‘180 days after such discharge’’ for ‘‘90 days after such discharge’’, ‘‘180 days from the date of such veteran’s subsequent discharge’’ for ‘‘90 days from the date of such veteran’s subsequent discharge’’, and ‘‘180 days after the date of correction’’ for ‘‘90 days after the date of correction’’. 2003—Subsec. (a)(1)(F). Pub. L. 108–170 struck out ‘‘and who was detained or interned for a period of not less than 90 days’’ after ‘‘war’’. 2000—Subsec. (a)(4)(A). Pub. L. 106–419 substituted ‘‘this subsection’’ for ‘‘subsection (a) of this section (other than paragraphs (3)(B) and (3)(C) of that sub- section)’’ after ‘‘under the provisions’’ in first sentence. 1996—Pub. L. 104–262, § 101(c)(2)(A), substituted ‘‘Den- tal care; drugs and medicines for certain disabled vet- erans; vaccines’’ for ‘‘Eligibility for outpatient serv- ices’’ in section catchline. Subsec. (a). Pub. L. 104–262, § 101(c)(1)(A), (B), redesig- nated subsec. (b) as (a) and struck out former subsec. (a) which required and authorized the Secretary to fur- nish on an ambulatory or outpatient basis medical services for certain veterans. Subsec. (a)(1)(D). Pub. L. 104–110 substituted ‘‘Decem- ber 31, 1996’’ for ‘‘December 31, 1995’’. Subsec. (b). Pub. L. 104–262, § 101(c)(1)(B), (C), redesig- nated subsec. (c) as (b) and substituted ‘‘subsection (a)’’ for ‘‘subsection (b) of this section’’. Former subsec. (b) redesignated (a). Subsecs. (c) to (e). Pub. L. 104–262, § 101(c)(1)(B), redes- ignated subsecs. (d), (h), and (j) as (c), (d), and (e), re- spectively. Former subsec. (c) redesignated (b). Subsec. (f). Pub. L. 104–262, § 101(b)(2), redesignated subsec. (f) as subsec. (g) of section 1710 of this title. Subsec. (h). Pub. L. 104–262, § 101(c)(1)(B), redesignated subsec. (h) as (d). Subsec. (i). Pub. L. 104–262, § 101(c)(1)(A), struck out subsec. (i), which required Secretary to prescribe regu- lations relating to the order in which medical services were to be furnished to veterans. Subsec. (j). Pub. L. 104–262, § 101(c)(1)(B), redesignated subsec. (j) as (e). Page 373 TITLE 38—VETERANS’ BENEFITS § 1712 1994—Subsec. (a)(1)(D). Pub. L. 103–452, § 103(a)(2), sub- stituted ‘‘December 31, 1995’’ for ‘‘December 31, 1994’’. Subsec. (i)(1). Pub. L. 103–452, § 101(e)(1), inserted ‘‘(A)’’ after ‘‘To a veteran’’ and inserted before period at end ‘‘, or (B) who is eligible for counseling and care and services under section 1720D of this title, for the purposes of such counseling and care and services’’. Subsec. (i)(2). Pub. L. 103–452, § 101(e)(2), substituted ‘‘or (B)’’ for ‘‘, (B)’’ and struck out before period at end ‘‘, or (C) who is eligible for counseling under section 1720D of this title, for the purposes of such counseling’’. Subsec. (i)(5). Pub. L. 103–446, § 1201(d)(3)(A), sub- stituted ‘‘section 1722(a)(3)’’ for ‘‘section 1722(a)(1)(C)’’. Subsec. (j). Pub. L. 103–446, § 1201(d)(3)(B), substituted ‘‘Section 7316’’ for ‘‘Section 4116’’. 1993—Subsec. (a)(1)(D). Pub. L. 103–210, § 1(b)(1), added subpar. (D). Subsec. (a)(7). Pub. L. 103–210, § 1(b)(2), added par. (7). 1992—Subsec. (i)(2)(C). Pub. L. 102–585 added cl. (C). 1991—Pub. L. 102–83, § 5(a), renumbered section 612 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (a)(1)(C). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1151’’ for ‘‘351’’. Subsec. (a)(2)(B). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1710(a)’’ for ‘‘610(a)’’, ‘‘1503’’ for ‘‘503’’, and ‘‘1521(d)’’ for ‘‘521(d)’’. Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1710’’ for ‘‘610’’. Subsec. (a)(6). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1703’’ for ‘‘603’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b)(1)(B)(ii). Pub. L. 102–25, § 334(a), inserted ‘‘or, in the case of a veteran who served on active duty during the Persian Gulf War, 90 days’’ after ‘‘180 days’’. Subsec. (b)(1)(H). Pub. L. 102–86, § 301, amended sub- sec. (b)(1) of this section as in effect before the redes- ignations made by Pub. L. 102–83, § 5, by adding subpar. (H). Subsec. (b)(2). Pub. L. 102–25, § 334(a), inserted ‘‘or, in the case of a veteran who served on active duty during the Persian Gulf War, 90 days’’ after ‘‘180 days’’. Subsec. (b)(3). Pub. L. 102–86, § 302, amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting ‘‘$1,000’’ for ‘‘$500’’. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1703(a)’’ for ‘‘603(a)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (b)(4)(A). Pub. L. 102–83, § 5(c)(1), substituted in two places ‘‘1703’’ for ‘‘603’’ and ‘‘1710(c)’’ for ‘‘610(c)’’. Subsec. (b)(4)(B). Pub. L. 102–83, § 4(a)(3), (4), sub- stituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in introductory provisions. Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1717’’ for ‘‘617’’ and ‘‘1710(a)(2)’’ for ‘‘610(a)(2)’’ in par. (1) and ‘‘1717’’ for ‘‘617’’ in par. (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in pars. (1) and (2). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in pars. (2) and (4). Subsec. (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–25, § 334(c), substituted ‘‘a period of war’’ for ‘‘the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era’’. Subsec. (i). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1710(e)’’ for ‘‘610(e)’’ in par. (3) and ‘‘1722(a)(1)(C)’’ for ‘‘622(a)(1)(C)’’ in par. (5). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. Subsec. (j). Pub. L. 102–83, § 4(b)(5), substituted ‘‘the Secretary of Health and Human Services’’ for ‘‘the Sec- retary’’ in second and third sentences. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in first sentence. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing. 1990—Subsec. (f)(1). Pub. L. 101–508, § 8013(b)(1), sub- stituted ‘‘section 610(a)(2)’’ for ‘‘section 610(a)(2)(B)’’. Subsec. (f)(3) to (7). Pub. L. 101–508, § 8013(b)(2), (3), re- designated pars. (5) and (7) as (3) and (4), respectively, and struck out former pars. (3), (4), and (6) which read as follows: ‘‘(3) A veteran may not be required to make a pay- ment under this subsection for services furnished under subsection (a) of this section during any 90-day period to the extent that such payment would cause the total amount paid by the veteran under this subsection for medical services furnished during that period and under section 610(f) of this title for hospital and nurs- ing home care furnished during that period to exceed the amount of the inpatient Medicare deductible in ef- fect on the first day of such 90-day period. ‘‘(4) A veteran may not be required to make a pay- ment under this subsection if such payment would re- sult in the veteran paying, under this subsection and section 610(f) of this title, a total amount greater than four times the amount of the inpatient Medicare de- ductible for care or services, or any combination there- of, furnished under this chapter during any 365-cal- endar-day period. ‘‘(6) For the purposes of this subsection, the term ‘in- patient Medicare deductible’ means the amount of the inpatient hospital deductible in effect under section 1813(b) of the Social Security Act (42 U.S.C. 1395e(b)).’’ 1988—Pub. L. 100–322, § 101(h)(1), substituted ‘‘Eligi- bility for outpatient services’’ for ‘‘Eligibility for med- ical treatment’’ in section catchline. Subsec. (a)(1). Pub. L. 100–322, § 101(a), substituted ‘‘shall furnish on an ambulatory or outpatient basis’’ for ‘‘may furnish’’ in introductory provisions and added subpar. (C). Subsec. (a)(2). Pub. L. 100–322, § 101(b)(1), (3), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘Subject to subsection (k) of this section, as part of medical services furnished to a veteran under para- graph (1) of this subsection, the Administrator may fur- nish to the veteran such home health services as the Administrator finds to be necessary or appropriate for the effective and economical treatment of such dis- ability (including only such improvements and struc- tural alterations the cost of which does not exceed $2,500 (or reimbursement up to such amount) as are necessary to assure the continuation of treatment for such disability or to provide access to the home or to essential lavatory and sanitary facilities).’’ Subsec. (a)(3) to (6). Pub. L. 100–322, § 101(b)(2), (3), added pars. (3) to (5) and redesignated former par. (3) as (6). Subsec. (b)(1)(B)(i). Pub. L. 100–322, § 101(f)(1), sub- stituted ‘‘at the time of the veteran’s’’ for ‘‘at time of’’. Subsec. (b)(1)(B)(ii). Pub. L. 100–322, § 101(f)(2), sub- stituted ‘‘180 days’’ for ‘‘one hundred and eighty days’’. Subsec. (b)(1)(B)(iii). Pub. L. 100–322, § 101(f)(3), sub- stituted ‘‘90 days’’ for ‘‘ninety days’’ in four places. Subsec. (b)(1)(B)(iv). Pub. L. 100–322, § 101(f)(4), sub- stituted ‘‘90-day’’ for ‘‘ninety-day’’. Subsec. (b)(1)(F). Pub. L. 100–322, §§ 101(g)(1)(A), 106, redesignated subpar. (G) as (F), substituted ‘‘90 days’’ for ‘‘six months’’, and struck out former subpar. (F) which read as follows: ‘‘from which a veteran of the Spanish-American War or Indian wars is suffering;’’. Subsec. (b)(1)(G), (H). Pub. L. 100–322, § 101(g)(1)(A), re- designated subpar. (H) as (G). Former subpar. (G) redes- ignated (F). Subsec. (b)(4)(A). Pub. L. 100–322, § 101(e)(2)(A), sub- stituted ‘‘subsection (a) of this section (other than paragraphs (3)(B) and (3)(C) of that subsection)’’ for ‘‘subsections (a) and (f) of this section’’. Subsec. (e). Pub. L. 100–322, § 101(g)(1)(B), struck out subsec. (e) which read as follows: ‘‘Any disability of a Page 374 TITLE 38—VETERANS’ BENEFITS § 1712 veteran of the Spanish-American War or Indian Wars, upon application for the benefits of this section or out- patient medical services under section 624 of this title, shall be considered for the purposes thereof to be a service-connected disability incurred or aggravated in a period of war.’’ Subsec. (f)(1). Pub. L. 100–322, § 101(e)(1)(A)–(C), redes- ignated par. (4)(A) as par. (1), substituted ‘‘under sub- section (a) of this section (including home health serv- ices under section 617 of this title)’’ for ‘‘under this sub- section (including home health services under para- graph (2) of this subsection)’’ and ‘‘paragraph (2) of this subsection’’ for ‘‘subparagraph (B) of this paragraph’’, and struck out former par. (1) which read as follows: ‘‘Except as provided in paragraph (4) of this subsection, the Administrator may furnish medical services for any disability on an outpatient or ambulatory basis— ‘‘(A) to any veteran eligible for hospital care under section 610 of this title (i) if such services are reason- ably necessary in preparation for, or (to the extent that facilities are available) to obviate the need of, hospital admission, or (ii) if such a veteran has been furnished hospital care, nursing home care, or domi- ciliary care and such medical services are reasonably necessary to complete treatment incident to such care (for a period not in excess of twelve months after discharge from such treatment, except where the Ad- ministrator finds that a longer period is required by virtue of the disability being treated); and ‘‘(B) to any veteran who is a former prisoner of war.’’ Subsec. (f)(2). Pub. L. 100–322, § 101(e)(1)(D)–(F), redes- ignated par. (4)(B) as (2), substituted ‘‘subsection (a) of this section and who is required under paragraph (1) of this subsection’’ for ‘‘this subsection and who is re- quired under subparagraph (A) of this paragraph’’, and struck out former par. (2) which read as follows: ‘‘Sub- ject to subsection (k) of this section, as part of medical services furnished to a veteran under paragraph (1) of this subsection, the Administrator may furnish to the veteran such home health services as the Adminis- trator determines to be necessary or appropriate for the effective and economical treatment of a disability of a veteran (including only such improvements and structural alterations the cost of which does not exceed $600 (or reimbursement up to such amount) as are nec- essary to assure the continuation of treatment or pro- vide access to the home or to essential lavatory and sanitary facilities).’’ Subsec. (f)(3). Pub. L. 100–322, § 101(e)(1)(A), (D), (E), (G), redesignated par. (4)(C) as (3), substituted ‘‘under this subsection for services furnished under subsection (a) of this section’’ for ‘‘under this paragraph for serv- ices furnished under this subsection’’ and ‘‘veteran under this subsection’’ for ‘‘veteran under this para- graph’’, and struck out former par. (3) which read as follows: ‘‘In addition to furnishing medical services under this subsection through Veterans’ Administra- tion facilities, the Administrator may furnish such services in accordance with section 603 of this title.’’ Subsec. (f)(4). Pub. L. 100–322, § 101(e)(1)(D), redesig- nated par. (4)(D) as (4). Subsec. (f)(5). Pub. L. 100–322, § 101(e)(1)(D), (H), redes- ignated par. (4)(E) as (5) and substituted ‘‘under section 617 of this title’’ for ‘‘under this subsection’’. Subsec. (f)(6). Pub. L. 100–322, § 101(e)(1)(D), (E), redes- ignated par. (4)(F) as (6) and substituted ‘‘this sub- section’’ for ‘‘this paragraph’’. Subsec. (f)(7). Pub. L. 100–322, § 101(e)(1)(D), (E), redes- ignated par. (4)(G) as (7) and substituted ‘‘this sub- section’’ for ‘‘this paragraph’’. Subsec. (g). Pub. L. 100–322, § 101(e)(2)(B), struck out subsec. (g) which read as follows: ‘‘(1) The Administrator may furnish medical services which the Administrator determines are needed to a veteran— ‘‘(A) who is a veteran of the Mexican border period or of World War I; or ‘‘(B) who is in receipt of increased pension or addi- tional compensation or allowances based on the need of regular aid and attendance or by reason of being permanently housebound (or who, but for the receipt of retired pay, would be in receipt of such pension, compensation, or allowance). ‘‘(2) As part of medical services furnished to a veteran under paragraph (1) of this subsection, the Adminis- trator may furnish to the veteran home health services under the terms and conditions set forth in subsection (f) of this section. ‘‘(3) In addition to furnishing medical services under this subsection through Veterans’ Administration fa- cilities, the Administrator may furnish such services in accordance with section 603 of this title.’’ Subsec. (i). Pub. L. 100–322, § 101(c), added pars. (1) to (5) and struck out former pars. (1) to (6) which read as follows: ‘‘(1) To any veteran for a service-connected dis- ability. ‘‘(2) To any veteran described in subsection (f)(2) of this section. ‘‘(3) To any veteran with a disability rated as service- connected (including any veteran being examined to de- termine the existence or rating of a service-connected disability). ‘‘(4) To any veteran (A) who is a former prisoner of war, or (B) who is eligible for care under section 610(a)(5) of this title. ‘‘(5) To any veteran being furnished medical services under subsection (g) of this section. ‘‘(6) To any veteran who is in receipt of pension under section 521 of this title.’’ Subsec. (k). Pub. L. 100–322, § 101(d)(2), transferred subsec. (k) to section 617(a)(3) of this title. 1986—Subsec. (a). Pub. L. 99–272, § 19011(b)(1), sub- stituted par. (1) for ‘‘Except as provided in subsection (b) of this section, the Administrator, within the limits of Veterans’ Administration facilities, may furnish such medical services as the Administrator finds to be reasonably necessary to any veteran for a service-con- nected disability.’’, designated second sentence of ex- isting provision as par. (2), substituted ‘‘As part of medical services furnished to a veteran under para- graph (1) of this subsection, the Administrator may fur- nish to the veteran’’ for ‘‘The Administrator may also furnish to any such veteran’’, struck out provision that in the case of a veteran discharged or released from ac- tive military, naval, or air service for a disability in- curred or aggravated in the line of duty, services may be provided for that disability, whether or not service- connected for the purposes of this chapter, and added par. (3). Subsec. (a)(2). Pub. L. 99–576, § 202(1), substituted ‘‘Subject to subsection (k) of this section, as’’ for ‘‘As’’. Subsec. (b)(3). Pub. L. 99–272, § 19012(c)(1), substituted ‘‘clause (1), (2), or (5) of section 603(a)’’ for ‘‘clause (i), (ii), or (v) of section 601(4)(C)’’. Subsec. (b)(4). Pub. L. 99–576, § 231(b), designated ex- isting provisions as subpar. (A), substituted ‘‘Except as provided in subparagraph (B) of this paragraph, in’’ for ‘‘In’’, and added subpar. (B). Pub. L. 99–272, § 19012(c)(2), substituted ‘‘section 603’’ for ‘‘section 601(4)(C)’’ in two places. Subsec. (f). Pub. L. 99–272, § 19011(b)(2), designated ex- isting first sentence as par. (1), substituted ‘‘Except as provided in paragraph (4) of this subsection, the Admin- istrator may’’ for ‘‘The Administrator, within the lim- its of Veterans’ Administration facilities, may’’, redes- ignated former cl. (1) as cl. (A) and subcls. (A) and (B) as subcls. (i) and (ii), inserted ‘‘and’’ after ‘‘being treat- ed);’’, struck out par. (2), which related to any veteran who had a service-connected disability rated at 50 per- cent or more, and redesignated cl. (3) as cl. (B); des- ignated existing second sentence as par. (2) and sub- stituted ‘‘As part of medical services furnished to a vet- eran under paragraph (1) of this subsection, the Admin- istrator may furnish to the veteran’’ for ‘‘The Adminis- trator may also furnish to any such veteran’’; struck out provision authorizing the Administrator to furnish outpatient dental services and treatment, and related appliances, to any veteran described in subsec. (b)(1)(G) of this section; and added pars. (3) and (4). Page 375 TITLE 38—VETERANS’ BENEFITS § 1712 Subsec. (f)(2). Pub. L. 99–576, § 202(1), substituted ‘‘Subject to subsection (k) of this section, as’’ for ‘‘As’’. Subsec. (f)(4)(D) to (G). Pub. L. 99–576, § 237(b)(2), added subpar. (D) and redesignated former subpars. (D) to (F) as (E) to (G), respectively. Subsec. (g). Pub. L. 99–272, § 19011(b)(3), amended sub- sec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘In the case of any veteran who is a veteran of the Mexican border period or of World War I or who is in receipt of increased pension or additional com- pensation or allowance based on the need of regular aid and attendance or by reason of being permanently housebound, or who, but for the receipt of retired pay, would be in receipt of such pension, compensation, or allowance, the Administrator, within the limits of Vet- erans’ Administration facilities, may furnish the vet- eran such medical services as the Administrator finds to be reasonably necessary. The Administrator may also furnish to any such veteran home health services under the terms and conditions set forth in subsection (f) of this section.’’ Subsec. (i)(6). Pub. L. 99–272, § 19011(b)(4), added par. (6). Subsec. (j). Pub. L. 99–576, § 702(5), substituted ‘‘pro- grams under other provisions’’ for ‘‘programs pursuant to other provisions’’, ‘‘veterans who voluntarily re- quest such immunizations’’ for ‘‘veterans (voluntarily requesting such immunizations)’’, ‘‘facility. Any such immunization shall be made using’’ for ‘‘facility, uti- lizing’’, ‘‘Administration. For such purpose, notwith- standing any other provision of law, the Secretary may provide’’ for ‘‘Administration, and for such purpose, notwithstanding any other provision of law, the Sec- retary is authorized to provide’’, and ‘‘cost. Section 4116’’ for ‘‘cost and the provisions of section 4116’’. Subsec. (k). Pub. L. 99–576, § 202(2), added subsec. (k). 1985—Subsec. (f)(1). Pub. L. 99–166 substituted ‘‘if’’ for ‘‘where’’ after ‘‘(A)’’ and ‘‘(B)’’, inserted ‘‘, nursing home care, or domiciliary care’’, struck out ‘‘hospital’’ after ‘‘treatment incident to such’’, and substituted ‘‘from such treatment’’ for ‘‘from in-hospital treat- ment’’. 1982—Subsec. (a). Pub. L. 97–295, § 4(17)(A), (B), in- serted ‘‘of this section’’ after ‘‘subsection (b)’’, and sub- stituted ‘‘facilities)’’ for ‘‘facilities’’ after ‘‘sanitary’’. Subsec. (f)(2). Pub. L. 97–295, § 4(17)(C), substituted ‘‘percent’’ for ‘‘per centum’’. Subsec. (h). Pub. L. 97–295, § 4(17)(D), inserted ‘‘of this title’’ after ‘‘chapter 11’’. Subsec. (i). Pub. L. 97–295, § 4(17)(E), substituted ‘‘The’’ for ‘‘Not later than ninety days after the effec- tive date of this subsection, the’’ at the beginning. Subsec. (j). Pub. L. 97–295, § 4(95)(A), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. 1981—Subsec. (b). Pub. L. 97–72, § 103(a), divided exist- ing provisions into pars. (1), (2), (3), and (4), redesig- nated cls. (1) through (8) as subpars. (A) through (H) of par. (1) as redesignated, made internal substitutions re- flecting new number and letter designations, and, in par. (1)(B) as redesignated, inserted provisions set out in par. (1)(B)(ii), (iii)(I), and (iv). Pub. L. 97–37, § 3(b), in cl. (7) substituted ‘‘from which a veteran who is a former prisoner of war and who was detained or interned for a period of not less than six months is suffering’’ for ‘‘from which any veteran of World War I, World War II, the Korean conflict, or the Vietnam era who was held as a prisoner of war for a pe- riod of not less than six months is suffering’’. Pub. L. 97–35 inserted provisions requiring the Sec- retary concerned to furnish a discharged or released member of the Armed Forces a written explanation concerning the provisions of cl. (2) of this subsection, and in cl. (2) added subcl. (B) and (D), and redesignated former subcl. (B) as (C) and, as so redesignated, sub- stituted ‘‘90 days’’ for ‘‘one year’’ in two places. Subsec. (c). Pub. L. 97–72, § 103(b)(1), substituted ‘‘paragraph (1)(B)’’ for ‘‘clause (2)’’. Subsec. (f). Pub. L. 97–72, § 103(b)(2), substituted ‘‘clause (G) of subsection (b)(1)’’ for ‘‘subsection (b)(7)’’. Subsec. (f)(3). Pub. L. 97–37, § 5(b), added cl. (3). Subsec. (i)(4). Pub. L. 97–72, § 102(b), designated exist- ing provisions relating to former prisoners of war as cl. (A) and added cl. (B) relating to veterans who are eligi- ble for care under section 610(a)(5) of this title. Pub. L. 97–37, § 5(c), added cl. (4). Former cl. (4) redes- ignated (5). Subsec. (i)(5). Pub. L. 97–37, § 5(c)(1), redesignated former cl. (4) as (5). 1979—Subsec. (b). Pub. L. 96–151, § 203, inserted provi- sions relating to the total amount the Administrator may expend. Pub. L. 96–22, § 102(b)(1), added pars. (7) and (8) and in- serted provisions following par. (8). Subsec. (f). Pub. L. 96–22, § 102(b)(2), authorized the Administrator to furnish outpatient dental services and treatment, and related appliances, to any veteran described in subsec. (b)(7) of this section. Subsec. (g). Pub. L. 96–151, § 204, inserted provisions relating to particular applicability to Mexican border period or World War I veterans, and provisions relating to furnishing by the Administrator of home health care services. Subsec. (i)(3). Pub. L. 96–22, § 101, inserted ‘‘(including any veteran being examined to determine the existence or rating of a service-connected disability)’’ after ‘‘with a disability rated as service connected’’. 1978—Subsec. (h). Pub. L. 95–588 substituted ‘‘$1,000’’ for ‘‘$500’’. 1976—Subsec. (a). Pub. L. 94–581, §§ 103(a)(1), 210(a)(3)(A), inserted provisions which authorized the Administrator to furnish such home health services as the Administrator finds to be necessary or appropriate for the effective and economical treatment of the dis- ability (including only such improvements and struc- tural alterations the cost of which does not exceed $2,500 (or reimbursement up to such amount) as are necessary to assure the continuation of treatment for the disability or to provide access to the home or to es- sential lavatory and sanitary facilities), and in the ex- isting provisions substituted ‘‘as the Administrator finds’’ for ‘‘as he finds’’. Subsec. (b). Pub. L. 94–581, § 103(a)(2), added par. (5) and redesignated former par. (5) as (6). Subsec. (d). Pub. L. 94–581, § 210(a)(3)(B), substituted ‘‘procured by the Administrator’’ for ‘‘procured by him’’ and ‘‘whichever the Administrator determines’’ for ‘‘whichever he determines’’. Subsec. (e). Pub. L. 94–581, § 202(f)(1), substituted ‘‘In- dian Wars’’ for ‘‘Indian wars’’. Subsec. (f). Pub. L. 94–581, §§ 103(a)(3)–(7), 202(f)(2), sub- stituted ‘‘within the limits of Veterans’ Administration facilities, may furnish’’ for ‘‘may also furnish’’ in pro- visions preceding par. (1), substituted ‘‘or (to the extent that facilities are available) to obviate’’ for ‘‘or to ob- viate’’ in cl. (A) of par. (1), substituted ‘‘furnished’’ for ‘‘granted’’ in existing provisions of cl. (B) of par. (1) and inserted ‘‘(for a period not in excess of twelve months after discharge from in-hospital treatment, except where the Administrator finds that a longer period is required by virtue of the disability being treated)’’ at end, substituted ‘‘50 per centum’’ for ‘‘80 per centum’’ in par. (2), and inserted, after par. (2), provision author- izing the Administrator to furnish to the veteran such home health services as the Administrator determines to be necessary or appropriate for the effective and eco- nomical treatment of a disability of the veteran (in- cluding only such improvements and structural alter- ations the cost of which does not exceed $600 (or reim- bursement up to such amount) as are necessary to as- sure the continuation of treatment or provide access to the home or to essential lavatory and sanitary facili- ties). Subsec. (g). Pub. L. 94–581, §§ 202(f)(3), 210(a)(3)(C), in- serted ‘‘, within the limits of Veterans’ Administration facilities,’’ after ‘‘the Administrator’’ and substituted ‘‘as the Administrator finds’’ for ‘‘as he finds’’. Subsec. (h). Pub. L. 94–581, § 210(a)(3)(D), substituted ‘‘such veteran’s annual income is greater’’ for ‘‘his an- nual income is greater’’ and ‘‘such veteran’s annual in- Page 376 TITLE 38—VETERANS’ BENEFITS § 1712 come does not exceed’’ for ‘‘his annual income does not exceed’’. Subsecs. (i), (j). Pub. L. 94–581, § 103(a)(8), added sub- secs. (i) and (j). 1973—Subsec. (f). Pub. L. 93–82 substituted provisions relating to the furnishing of medical services for any disability on an outpatient or ambulatory basis to vet- erans eligible for hospital care where such services are necessary in preparation for, or to obviate the need of, hospital admission, or where such veteran has been granted hospital care and such medical services are reasonably necessary to complete treatment incident to such hospital care and to veterans who have a serv- ice-connected disability rated at 80 per centum or more for provisions relating to the furnishing of medical services for a non-service connected disability where such care is reasonably necessary in preparation for ad- mission of a veteran who has been determined to need hospital care and who has been scheduled for admis- sion, where a veteran has been granted hospital care, and outpatient care is reasonably necessary to com- plete treatment incident to such hospital care, and where a veteran of any war has a total disability per- manent in nature resulting from a service-connected disability. 1970—Subsec. (g). Pub. L. 91–500, § 2, extended the au- thority of the Administrator to furnish medical serv- ices as he finds necessary to veterans permanently housebound or receiving pension or compensation based on need of regular aid and attendance and struck out conditions limiting such medical care to veterans hos- pitalized or suffering from one or more of the six spe- cific conditions or diseases enumerated. Subsec. (h). Pub. L. 91–588 inserted reference to Mexi- can border period and authorized the Administrator to continue furnishing drugs and medicine so ordered by any veteran in need of regular aid and attendance whose pension payments have been discontinued solely because his annual income is greater than the applica- ble maximum annual income limitation, but only so long as his annual income does not exceed such max- imum annual income limitation by more than $500. Pub. L. 91–500, § 3, authorized furnishing of drugs and medicines to veterans receiving additional compensa- tion or allowance or increased pension by reason of being ‘‘permanently housebound’’. 1969—Subsec. (f)(3). Pub. L. 91–102 added par. (3). 1967—Subsec. (h). Pub. L. 90–77 imposed the obligation of furnishing drugs and medicines on the Administrator and extended such medical benefits to veterans receiv- ing additional compensation under chapter 11 and vet- erans of the Vietnam era. 1964—Subsec. (b)(2). Pub. L. 88–430 permitted an appli- cation for treatment to be made within one year after a disqualifying discharge or release has been corrected, or the date of enactment of this exception, whichever is later. Subsec. (g). Pub. L. 88–450 added subsec. (g). Subsec. (h). Pub. L. 88–664 added subsec. (h). 1962—Subsec. (a). Pub. L. 87–583 provided for medical service to any veteran for a service-connected dis- ability instead of to a veteran of any war, to a veteran discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or to a person who is in receipt of, but for the receipt of retirement pay would be entitled to, dis- ability compensation. 1961—Subsecs. (b)(5), (e). Pub. L. 87–377 inserted ‘‘or Indian wars’’ after ‘‘Spanish-American War’’. 1960—Subsec. (f). Pub. L. 86–639 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–182, title I, § 144(b), June 6, 2018, 132 Stat. 1430, provided that: ‘‘The amendments made by sub- section (a) [amending this section and sections 1712A and 2303 of this title and section 1395cc of Title 42, The Public Health and Welfare, and amending provisions set out as a note under section 1117 of this title] shall take effect on the date described in section 101(b) [June 6, 2019, see note set out under section 1703 of this title].’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–210 effective as of Aug. 2, 1990, see section 1(c)(1) of Pub. L. 103–210, set out as a note under section 1710 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 to remain in effect through the period covered by Pub. L. 102–145, see sec- tion 111 of Pub. L. 102–145, set out as a note under sec- tion 1710 of this title. Amendment by Pub. L. 101–508 to remain in effect through the period covered by Pub. L. 102–109, see sec- tion 111 of Pub. L. 102–109, set out as a note under sec- tion 1710 of this title. Amendment by Pub. L. 101–508 applicable with re- spect to hospital care and medical services received after Nov. 5, 1990, see section 8013(d) of Pub. L. 101–508, as amended, set out as a note under section 1710 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 101(a)–(c), (d)(2), (e)(1), (2), (f), (g)(1), (h)(1) of Pub. L. 100–322 applicable with respect to furnishing of medical services to veterans who apply for such services after June 30, 1988, see section 101(i) of Pub. L. 100–322, set out as a note under section 1703 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by section 237(b)(2) of Pub. L. 99–576 ef- fective Apr. 7, 1986, see section 237(c) of Pub. L. 99–576, set out as a note under section 1710 of this title. Amendment by section 19011(b) of Pub. L. 99–272 ap- plicable to hospital care, nursing home care, and med- ical services furnished on or after July 1, 1986, see sec- tion 19011(f) of Pub. L. 99–272, set out as a note under section 1710 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 5(b), (c) of Pub. L. 97–37 effec- tive Oct. 1, 1981, see section 5(d) of Pub. L. 97–37, set out as a note under section 1710 of this title. Pub. L. 97–35, title XX, § 2002(b), Aug. 13, 1981, 95 Stat. 782, provided that: ‘‘(b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of subsection (a) [amending this section] shall take effect on October 1, 1981. ‘‘(2) The amendment made by clause (1)(B) of sub- section (a) [amending this section] shall apply only to veterans discharged or released from active military, naval, or air service after September 30, 1981.’’ EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96–151 effective Jan. 1, 1980, see section 206 of Pub. L. 96–151, set out as a note under section 111 of this title. Amendment by section 102(b) of Pub. L. 96–22 effec- tive Oct. 1, 1979, see section 107 of Pub. L. 96–22, set out as a note under section 1701 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title. 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. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title. Page 377 TITLE 38—VETERANS’ BENEFITS § 1712 EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title. SAVINGS PROVISION Provisions of subsec. (a) of this section, as in effect on Oct. 8, 1996, to continue to apply on and after such date with respect to furnishing of hospital care, nurs- ing home care, and medical services for any veteran who was furnished such care before Oct. 9, 1996, on the basis of presumed exposure to a substance of radiation, but only for treatment for disability for which such care or services were furnished before Oct. 9, 1996, see section 102(b) of Pub. L. 104–262, set out as a note under section 1710 of this title. PILOT PROGRAM TO FURNISH DENTAL CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS TO CERTAIN VETERANS DIAGNOSED WITH ISCHEMIC HEART DISEASE Pub. L. 118–210, title I, § 144, Jan. 2, 2025, 138 Stat. 2748, provided that: ‘‘(a) IN GENERAL.—Beginning not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall carry out a two-year pilot program (in this section referred to as the ‘pilot program’) under which the Secretary shall furnish covered care to covered veterans through means that include the use of community care. ‘‘(b) LOCATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall select not more than four States in which to carry out the pilot program. ‘‘(2) SELECTION CRITERIA.—In selecting States under paragraph (1), the Secretary shall prioritize States in which— ‘‘(A) the Department of Veterans Affairs serves a high proportion, as determined by the Secretary, of veterans residing in rural or highly rural areas (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture); ‘‘(B) dental clinics operated by the Department of Veterans Affairs currently utilize teledentistry; ‘‘(C) the Department of Veterans Affairs does not currently operate a dental clinic; or ‘‘(D) the Secretary determines a large percentage of veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under paragraphs [sic] (1) or (2) of section 1705(a) of title 38, United States Code, visit emergency rooms for dental emergencies at high rates. ‘‘(c) PARTICIPATION LIMITATION.—Participation in a pilot program established pursuant to this section shall be limited to a covered veteran who receives health care in a facility of the Department located in a State selected under subsection (b). ‘‘(d) USE OF CERTAIN METHODS TO PROVIDE CARE.— ‘‘(1) MOBILE DENTAL CLINICS.—In carrying out the pilot program, the Secretary shall test the efficacy of mobile dental clinics to service rural areas that do not have a population base to warrant a full-time clinic but where there are covered veterans in need of dental care. ‘‘(2) HOME-BASED DENTAL CARE.—In carrying out the pilot program, the Secretary shall test the efficacy of portable dental care units to service rural veterans in their homes, as the Secretary considers medically ap- propriate. ‘‘(e) ADMINISTRATION.— ‘‘(1) COMMUNITY CARE NETWORK REVIEW.— ‘‘(A) IN GENERAL.—Before commencing the pilot program, the Secretary shall work with third party administrators to conduct a review of dental pro- viders who are part of the community care network of the Department in each State selected under sub- section (b)(1) to ensure— ‘‘(i) dental providers who are no longer accept- ing patients from the Department— ‘‘(I) are not still listed as providers accepting referrals from the Department; and ‘‘(II) are not sent referrals from the Depart- ment; and ‘‘(ii) dental providers participating in each such network are capable of receiving an influx of pa- tients from the Department under the pilot pro- gram. ‘‘(B) EXPANSION OF NETWORK.—If, pursuant to a re- view under subparagraph (A), the Secretary deter- mines the community care network in a State se- lected under subsection (b)(1) is not capable of re- ceiving an influx of patients under the pilot pro- gram, the Secretary shall coordinate with the Third Party Administrator for such State to ensure the dental provider network of such community care network is sufficiently expanded before the initiation of the pilot program. ‘‘(2) NOTICE TO COVERED VETERANS.—In carrying out the pilot program, the Secretary shall inform all cov- ered veterans in States selected under subsection (b)(1) of the covered care available under the pilot program. ‘‘(3) LOSS OF ELIGIBILITY.—Any veteran partici- pating in the pilot program who ceases to be a cov- ered veteran shall be removed from the pilot program on the date that is 90 days after the Secretary deter- mines the participant is no longer a covered veteran. ‘‘(4) CONTINUITY OF CARE.— ‘‘(A) IN GENERAL.—Upon the termination of the pilot program, the Secretary shall provide to all veterans participating in the pilot program at the time of such termination— ‘‘(i) information on how to enroll in the dental insurance plan of the Department of Veterans Af- fairs under section 1712C of title 38, United States Code; ‘‘(ii) if appropriate, information on the VETSmile program of the Department of Vet- erans Affairs, or any successor program; and ‘‘(iii) contact information for dental providers in the surrounding community who provide low- or no-cost dental care and whom the Secretary has confirmed are available to take on new pa- tients. ‘‘(B) CONTINUATION OF TREATMENT PLAN.—Any vet- eran participating in the pilot program may con- tinue to receive services under the pilot program after the termination of the pilot program to com- plete a treatment plan commenced under the pilot program, as determined necessary by the Secretary. ‘‘(f) REPORTS.— ‘‘(1) ANNUAL REPORT.—Not later than one year after the commencement of the pilot program, and annu- ally thereafter for the duration of the pilot program, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Rep- resentatives and the Senate a report on the pilot pro- gram that includes— ‘‘(A) an identification of the States participating in the pilot program; ‘‘(B) a description of the implementation and op- eration of the pilot program; ‘‘(C) the number of participants in the pilot pro- gram, disaggregated by— ‘‘(i) State; and ‘‘(ii) disability rating; Page 378 TITLE 38—VETERANS’ BENEFITS § 1712 ‘‘(D) an identification of any barriers or chal- lenges to implementing the pilot program; ‘‘(E) aggregated feedback from participants in the pilot program, including from interviews and sur- veys; ‘‘(F) the average annual cost of providing covered care to a participant in the pilot program, disaggregated by— ‘‘(i) State; ‘‘(ii) disability rating; and ‘‘(iii) whether the care was provided through the community care network or through a pro- vider of the Department; ‘‘(G) an analysis of the communication and col- laboration of the Department with Third Party Ad- ministrators and community care dental providers, disaggregated by State; ‘‘(H) an analysis of any cost savings by the De- partment with respect to the treatment of ischemic heart disease; ‘‘(I) an assessment of the impact of the pilot pro- gram on appointments for care, prescriptions, hos- pitalizations, emergency room visits, wellness, em- ployability, satisfaction, and perceived quality of life of covered veterans related to their diagnosis of ischemic heart disease; ‘‘(J) an analysis and assessment of the efficacy of mobile clinics and portable dental care units, to the extent such modalities are used, to service the needs of covered veterans under the pilot program; ‘‘(K) an analysis and assessment of the usage of teledentistry to service the needs of covered vet- erans under the pilot program, to include a cost benefit analysis of such services; and ‘‘(L) such other matters as the Secretary con- siders appropriate. ‘‘(2) FINAL REPORT.—Not later than 90 days before the completion of the pilot program, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a re- port on the pilot program that— ‘‘(A) includes the matters required under para- graph (1); ‘‘(B) includes recommendations on whether the pilot program should be continued, expanded, or adopted throughout the Department; and ‘‘(C) indicates whether the Secretary requests ac- tion by Congress to make the pilot program perma- nent. ‘‘(g) IMPACT ON COMMUNITY CARE.—Participants in the pilot program shall be able to access covered care in the community under section 1703 of title 38, United States Code. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered care’ means dental care that is consistent with the dental services and treatment furnished by the Secretary of Veterans Affairs to vet- erans pursuant to section 1712(a)(1)(G) of title 38, United States Code. ‘‘(2) The term ‘covered veteran’ means a veteran who— ‘‘(A) is enrolled in the system of annual patient enrollment of the Department established and oper- ated under paragraphs [sic] (1) or (2) of section 1705(a) of title 38, United States Code; ‘‘(B) is not eligible for dental services and treat- ment and related dental appliances under the laws administered by the Secretary as of the date of the enactment of this Act; and ‘‘(C) has a diagnosis of ischemic heart disease. ‘‘(3) The term ‘Third Party Administrator’ has the meaning given such term in section 1703F of such title.’’ PILOT PROGRAM ON PROVISION OF DENTAL INSURANCE PLANS TO VETERANS AND SURVIVORS AND DEPEND- ENTS OF VETERANS Pub. L. 111–163, title V, § 510, May 5, 2010, 124 Stat. 1162, required the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of providing a dental insurance plan to cer- tain veterans and survivors and dependents of veterans, prior to repeal by Pub. L. 114–218, § 2(b)(1), July 29, 2016, 130 Stat. 843. See section 1712C of this title. RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that ac- tion, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title. DISABILITY OF VETERANS OF SPANISH-AMERICAN WAR Pub. L. 100–322, title I, § 101(g)(2), May 20, 1988, 102 Stat. 492, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ‘‘Any disability of a veteran of the Spanish-American War, upon application for outpatient medical services under section 1712 or 1724 of title 38, United States Code, shall be considered for the purposes thereof to be a service-connected disabilty [sic] and, for the purposes of section 1712(b) of such title, to be compensable in degree.’’ PILOT PROGRAM OF MOBILE HEALTH-CARE CLINICS Pub. L. 100–322, title I, § 113, May 20, 1988, 102 Stat. 499, authorized Administrator of Veterans’ Affairs to con- duct a pilot program under which eligible veterans re- siding in areas which are at least 100 miles from the nearest Veterans’ Administration health-care facility are furnished health-care services at a location conven- ient to their residences by Veterans’ Administration employees furnishing such services through the use of appropriately equipped mobile health-care clinics, pro- vided that the pilot program be conducted for a period of not less than 24 months, and required Administrator to submit to Committees on Veterans’ Affairs of Senate and House of Representatives interim and final reports on the project. PILOT PROGRAM OF COMMUNITY-BASED RESIDENTIAL CARE FOR HOMELESS CHRONICALLY MENTALLY ILL AND OTHER VETERANS Pub. L. 100–322, title I, § 115(a)–(f), May 20, 1988, 102 Stat. 501, as amended by Pub. L. 101–237, title II, § 201(c), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102–83, §§ 5(c)(2), 6(j)(1), Aug. 6, 1991, 105 Stat. 406, 409; Pub. L. 102–405, title I, § 107(h), Oct. 9, 1992, 106 Stat. 1978; Pub. L. 103–452, title I, § 103(e), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104–110, title I, § 102(a), Feb. 13, 1996, 110 Stat. 769; Pub. L. 104–275, title VI, § 601(a), Oct. 9, 1996, 110 Stat. 3344, provided for a pilot program to provide care and treatment in community-based facilities to homeless veterans suffering from chronic mental illness, prior to repeal by Pub. L. 105–114, title II, § 202(c)(4), Nov. 21, 1997, 111 Stat. 2287. REPORT ON TREATMENT AND SERVICES FOR CHRONICALLY MENTALLY ILL VETERANS Pub. L. 100–322, title I, § 114, May 20, 1988, 102 Stat. 500, directed that the report required by section 235 of Pub. L. 99–576 [see below] include additional information about veterans being treated by the Veterans’ Adminis- tration for mental illness disabilities who were fur- nished hospital, domiciliary, or nursing home care by the Administrator during fiscal years 1986, 1987, and 1988, and extended the deadline for submission of the report to not later than Dec. 15, 1988. Pub. L. 99–576, title II, § 235, Oct. 28, 1986, 100 Stat. 3266, directed Administrator to submit to Committees on Veterans’ Affairs of Senate and House of Represent- atives not later than Dec. 15, 1987, a report on Adminis- trator’s current use of authority to contract for care and treatment, and for rehabilitative services, for chronically mentally ill veterans through various types Page 379 TITLE 38—VETERANS’ BENEFITS § 1712A of facilities and to furnish home health services to such veterans in such veterans’ homes or in other settings in which they reside. VETERANS DISCHARGED OR RELEASED FROM ACTIVE SERVICE WHO REENTERED SUCH SERVICE WITHIN ONE YEAR, AND WERE DISCHARGED OR RELEASED BEFORE AUGUST 13, 1981 Pub. L. 97–72, title I, §103(c), Nov. 3, 1981, 95 Stat. 1049, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ‘‘(1) Section 1712(b)(1)(B)(iii)(I) [now 1712(a)(1)(B)(iii)(I), formerly 612(b)(1)(B)(iii)(I)] of title 38, United States Code, shall apply only to veterans dis- charged or released from active military, naval, or air service after August 12, 1981. ‘‘(2) A veteran who before August 13, 1981— ‘‘(A) was discharged or released from active mili- tary, naval, or air service, ‘‘(B) reentered such service within one year after the date of such discharge or release, and ‘‘(C) was discharged or released from such subse- quent service, may be provided dental services and treatment in the same manner as provided for in section 1712(b) [now 1712(a), formerly 612(b)] of title 38, United States Code, if the veteran is otherwise eligible for such services and treatment and if application for such services and treatment is or was made within one year from the date of such subsequent discharge or release.’’ STUDY OF HOME MODIFICATIONS FOR TOTALLY BLINDED SERVICE-CONNECTED VETERANS; REPORT NOT LATER THAN OCTOBER 1, 1979 Pub. L. 96–22, title V, § 505, June 13, 1979, 93 Stat. 67, directed Administrator of Veterans’ Affairs to submit a report to Committees on Veterans’ Affairs of Senate and House of Representatives not later than Oct. 1, 1979, on needs of veterans who are totally blind from service-connected causes for home modifications the cost of which would exceed the amount allowable for such purposes under subsec. (a) of this section and on reasons why such veterans have not applied for home health services. ANNUAL REPORT TO CONGRESS ON RESULTS OF REGULA- TIONS PRESCRIBED TO CARRY OUT SPECIAL PRIOR- ITIES IN FURNISHING MEDICAL SERVICES Pub. L. 94–581, title I, § 103(b), Oct. 21, 1976, 90 Stat. 2845, as amended by Pub. L. 100–527, § 10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that not later than one year after Oct. 21, 1976, and annually thereafter, the Secretary of Veterans Affairs was to report to the Congress on the results of the regulations prescribed to carry out former subsec. (i) of this section. NOTIFICATION TO ELIGIBLE INDIVIDUALS OF EXPANDED CARE AND SERVICES AVAILABLE AS RESULT OF AMENDMENTS BY VETERANS OMNIBUS HEALTH CARE ACT OF 1976 Pub. L. 94–581, title I, § 117(b), Oct. 21, 1976, 90 Stat. 2855, directed Administrator, not later than ninety days after Oct. 21, 1976, to take all appropriate steps to ensure that each individual eligible for new or ex- panded services as a result of amendments made by Veterans Omnibus Health Care Act of 1976 (Pub. L. 94–581) was personally notified about his or her eligi- bility and the way to secure care and services and di- rected Administrator to send copies of all notification forms to appropriate House and Senate committees, along with a description of how the forms were distrib- uted. § 1712A. Eligibility for readjustment counseling and related mental health services (a)(1)(A) Upon the request of any individual re- ferred to in subparagraph (C), the Secretary shall furnish counseling, including by furnishing counseling through a Vet Center, to the indi- vidual— (i) in the case of an individual referred to in clauses (i) through (vii) of subparagraph (C), to assist the individual in readjusting to civilian life; and (ii) in the case of an individual referred to in clause (viii) of such subparagraph who is a family member of a veteran or member de- scribed in such clause— (I) in the case of a member who is deployed in a theater of combat operations or an area at a time during which hostilities are occur- ring in that area, during such deployment to assist such individual in coping with such deployment; (II) in the case of a veteran or member who is readjusting to civilian life, to the degree that counseling furnished to such individual is found to aid in the readjustment of such veteran or member to civilian life; and (III) in the case of a veteran or member who died by suicide, to the degree that coun- seling furnished to such individual is found to aid in coping with the effects of such sui- cide. (B)(i) Counseling furnished to an individual under subparagraph (A) may include a com- prehensive individual assessment of the individ- ual’s psychological, social, and other character- istics to ascertain whether— (I) in the case of an individual referred to in clauses (i) through (vii) of subparagraph (C), such individual has difficulties associated with readjusting to civilian life; and (II) in the case of an individual referred to in clause (viii) of such subparagraph, such indi- vidual has difficulties associated with— (aa) coping with the deployment of a mem- ber described in subclause (I) of such clause; (bb) readjustment to civilian life of a vet- eran or member described in subclause (II) of such clause; or (cc) coping with the effects of a suicide de- scribed in subclause (III) of such clause. (ii)(I) Except as provided in subclauses (IV) and (V), counseling furnished to an individual under subparagraph (A) may include reintegra- tion and readjustment services described in sub- clause (II) furnished in group retreat settings. (II) Reintegration and readjustment services described in this subclause are the following: (aa) Information on reintegration of the in- dividual into family, employment, and com- munity. (bb) Financial counseling. (cc) Occupational counseling. (dd) Information and counseling on stress re- duction. (ee) Information and counseling on conflict resolution. (ff) Such other information and counseling as the Secretary considers appropriate to as- sist the individual in reintegration into fam- ily, employment, and community. (III) In furnishing reintegration and readjust- ment services under subclause (I), the Secretary shall offer women the opportunity to receive such services in group retreat settings in which the only participants are women.