38 U.S.C. § 8158 — Deposit in escrow

Page 1367 TITLE 38—VETERANS’ BENEFITS § 8158 § 8156. Coordination with health services devel- opment activities carried out under the Na- tional Health Planning and Resources Devel- opment Act of 1974 The Secretary and the Secretary of Health and Human Services shall, to the maximum extent practicable, coordinate programs carried out under this subchapter and programs carried out under part F of title XVI of the Public Health Service Act (42 U.S.C. 300t et seq.). (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5056; amended Pub. L. 94–581, title I, § 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; Pub. L. 97–295, § 4(93), (95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8156, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes REFERENCES IN TEXT The National Health Planning and Resources Devel- opment Act of 1974, referred to in section catchline, is Pub. L. 93–641, Jan. 4, 1975, 88 Stat. 2225, which is classi- fied generally to subchapters XIII (§ 300k et seq.) and XIV (§ 300o et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out under section 201 of Title 42 and Tables. The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Part F of title XVI of the Public Health Service Act was added by act Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2273, and was redesig- nated as Part D by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. Part D of that Act is classified gen- erally to Part D (§ 300t) of subchapter XIV of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5056 of this title as this section. Pub. L. 102–83 substituted ‘‘The Secretary’’ for ‘‘The Administrator’’. 1982—Pub. L. 97–295, § 4(95)(A), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Wel- fare’’. Pub. L. 97–295, § 4(93), inserted ‘‘(42 U.S.C. 300t et seq.)’’ after ‘‘part F of title XVI of the Public Health Service Act’’. 1976—Pub. L. 94–581 substituted ‘‘health services de- velopment activities carried out under the National Health Planning and Resources Development Act of 1974’’ for ‘‘programs carried out under the Heart Dis- ease, Cancer, and Stroke Amendments of 1965’’ in sec- tion catchline and ‘‘part F of title XVI’’ for ‘‘title IX’’ in text. 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. § 8157. Joint title to medical equipment (a) Subject to subsection (b), the Secretary may enter into agreements with institutions de- scribed in section 8153(a) of this title for the joint acquisition of medical equipment. (b)(1) The Secretary may not pay more than one-half of the purchase price of equipment ac- quired through an agreement under subsection (a). (2) Any equipment to be procured under such an agreement shall be procured by the Sec- retary. Title to such equipment shall be held jointly by the United States and the institution. (3) Before equipment acquired under such an agreement may be used, the parties to the agreement shall arrange by contract under sec- tion 8153 of this title for the exchange or use of the equipment. (4) The Secretary may not contract for the ac- quisition of medical equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement provides to the Secretary its share of the purchase price of the medical equipment. (c)(1) Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the insti- tution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical consid- erations or the economic interest of the Depart- ment. Any such transfer may only be made upon agreement by the institution to pay to the De- partment the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall be cred- ited to the applicable Department medical ap- propriation. (2) Notwithstanding any other provision of law, the Secretary may acquire the interest of an institution in equipment acquired under sub- section (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the economic interests of the Department. The Secretary may not pay more than one-half the depreciated purchase price of that equipment. (Added Pub. L. 102–405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1973.) § 8158. Deposit in escrow (a) To facilitate the procurement of medical equipment pursuant to section 8157 of this title, the Secretary may enter into escrow agreements with institutions described in section 8153(a) of this title. Any such agreement shall provide that— (1) the institutions shall pay to the Sec- retary the funds necessary to make a payment under section 8157(b)(4) of this title; (2) the Secretary, as escrow agent, shall ad- minister those funds in an escrow account; and (3) the Secretary shall disburse the escrowed funds to pay for such equipment upon its de- livery or in accordance with the contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the institution. (b) As escrow agent for funds placed in escrow pursuant to an agreement under subsection (a), the Secretary may— (1) invest the escrowed funds in obligations of the Federal Government or obligations which are insured or guaranteed by the Fed- eral Government; (2) retain in the escrow account interest or other earnings on such investments; Page 1368 TITLE 38—VETERANS’ BENEFITS § 8159 (3) disburse the funds pursuant to the escrow agreement; and (4) return undisbursed funds to the institu- tion. (c)(1) If the Secretary enters into an escrow agreement under this section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is available in an appropriation or fund for the expenditure or obligation. (2) Funds held in an escrow account under this section shall not be considered to be public funds. (Added Pub. L. 102–405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1974.) § 8159. Authority to pay for services authorized but not subject to an agreement (a) IN GENERAL.—If, in the course of furnishing hospital care, a medical service, or an extended care service authorized by the Secretary and pursuant to a contract, agreement, or other ar- rangement with the Secretary, a provider who is not a party to the contract, agreement, or other arrangement furnishes hospital care, a medical service, or an extended care service that the Secretary considers necessary, the Secretary may compensate the provider for the cost of such care or service. (b) NEW CONTRACTS AND AGREEMENTS.—The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrange- ment with a provider described in subsection (a) to ensure that future care and services author- ized by the Secretary and furnished by the pro- vider are subject to such a contract, agreement, or other arrangement. (Added Pub. L. 115–182, title I, § 112(a), June 6, 2018, 132 Stat. 1421.) SUBCHAPTER V—ENHANCED-USE LEASES OF REAL PROPERTY § 8161. Definitions For the purposes of this subchapter: (1) The term ‘‘enhanced-use lease’’ means a written lease entered into by the Secretary under this subchapter. (2) The term ‘‘congressional veterans’ affairs committees’’ means the Committees on Vet- erans’ Affairs of the Senate and the House of Representatives. (3) The term ‘‘supportive housing’’ means housing that engages tenants in on-site and community-based support services for vet- erans or their families that are at risk of homelessness or are homeless. Such term may include the following: (A) Transitional housing. (B) Single-room occupancy. (C) Permanent housing. (D) Congregate living housing. (E) Independent living housing. (F) Assisted living housing. (G) Other modalities of housing. (4) The term ‘‘lessee’’ means the party with whom the Secretary has entered into an en- hanced-use lease under this subchapter. (5) The term ‘‘major enhanced-use lease’’ means an enhanced-use lease that includes consideration consisting of an average annual rent of more than $10,000,000. (Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 417; amended Pub. L. 112—154, title II, § 211(a), Aug. 6, 2012, 126 Stat. 1179; Pub. L. 114–226, § 3(d), Sept. 29, 2016, 130 Stat. 932.) Editorial Notes AMENDMENTS 2016—Pars. (4), (5). Pub. L. 114–226 added pars. (4) and (5). 2012—Par. (3). Pub. L. 112–154 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112—154, title II, § 211(k), Aug. 6, 2012, 126 Stat. 1182, provided that ‘‘Except as otherwise provided in this section [enacting section 8168 of this title, amend- ing this section and sections 8162, 8164 to 8167, and 8169 of this title, and enacting provisions set out as notes under sections 8162 and 8168 of this title], the amend- ments made by this section shall take effect on the date of the enactment of this Act [Aug. 6, 2012]. TRAINING AND OUTREACH REGARDING AUTHORITY Pub. L. 106–117, title II, § 208(f), Nov. 30, 1999, 113 Stat. 1568, provided that: ‘‘The Secretary [of Veterans Af- fairs] shall take appropriate actions to provide training and outreach to personnel at Department [of Veterans Affairs] medical centers regarding the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. The training and outreach shall address methods of approaching potential lessees in the medical or commercial sectors regarding the possibility of entering into leases under that authority and other appropriate matters.’’ INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR USE OF AUTHORITY Pub. L. 106–117, title II, § 208(g), Nov. 30, 1999, 113 Stat. 1568, provided that: ‘‘(1) The Secretary [of Veterans Affairs] shall take appropriate actions to secure from an appropriate enti- ty (or entities) independent of the Department [of Vet- erans Affairs] an analysis (or analyses) of opportunities for the use of the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. ‘‘(2) An analysis under paragraph (1) shall include— ‘‘(A) a survey of facilities of the Department for purposes of identifying Department property that presents an opportunity for lease under the enhanced- use lease authority; ‘‘(B) an assessment of the feasibility of entering into enhanced-use leases under that authority in the case of any property identified under subparagraph (A) as presenting an opportunity for such lease; and ‘‘(C) an assessment of the resources required at the Department facilities concerned, and at the Depart- ment Central Office, in order to facilitate the enter- ing into of enhanced-used leases in the case of prop- erty so identified. ‘‘(3) If as a result of a survey under paragraph (2)(A) an entity carrying out an analysis under this sub- section determines that a particular Department prop- erty presents no opportunities for lease under the en- hanced-use lease authority, the analysis shall include the entity’s explanation of that determination. ‘‘(4) If as a result of such a survey an entity carrying out an analysis under this subsection determines that certain Department property presents an opportunity for lease under the enhanced-use lease authority, the analysis shall include a single integrated business plan, developed by the entity, that addresses the strategy and resources necessary to implement the plan for all