38 U.S.C. § 8155 — Pilot programs; grants to medical schools

Page 1365 TITLE 38—VETERANS’ BENEFITS § 8155 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by sec- tion 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted. 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. REPORT TO CONGRESS ON RATES AND PROCEDURES COV- ERING PAYMENT OF BENEFITS FOR CARE OR SERVICES PROVIDED IN VETERANS’ ADMINISTRATION HEALTH CARE FACILITIES TO INDIVIDUALS NOT ELIGIBLE FOR VETERANS’ HOSPITAL, NURSING HOME, DOMICILIARY, OR MEDICAL CARE Pub. L. 94–581, title I, § 115(c), Oct. 21, 1976, 90 Stat. 2853, provided that at such time as the rates and proce- dures described in subsec. (d) of this section were pre- scribed, the Secretary of Health, Education, and Wel- fare [now Secretary of Health and Human Services], in consultation with the Administrator of Veterans’ Af- fairs, was to submit to the Committee on Ways and Means and the Committee on Veterans’ Affairs of the House of Representatives and to the Committee on Fi- nance and the Committee on Veterans’ Affairs of the Senate a full report describing such rates and proce- dures. § 8154. Exchange of medical information (a) The Secretary is authorized to enter into agreements with medical schools, hospitals, re- search centers, and individual members of the medical profession under which medical infor- mation and techniques will be freely exchanged and the medical information services of all par- ties to the agreement will be available for use by any party to the agreement under conditions specified in the agreement. In carrying out the purposes of this section, the Secretary shall uti- lize recent developments in electronic equip- ment to provide a close educational, scientific, and professional link between Department hos- pitals and major medical centers. Such agree- ments shall be utilized by the Secretary to the maximum extent practicable to create, at each Department hospital which is a part of any such agreement, an environment of academic medi- cine which will help such hospital attract and retain highly trained and qualified members of the medical profession. (b) In order to bring about utilization of all medical information in the surrounding medical community, particularly in remote areas, and to foster and encourage the widest possible co- operation and consultation among all members of the medical profession in such community, the educational facilities and programs estab- lished at Department hospitals and the elec- tronic link to medical centers shall be made available for use by the surrounding medical community (including State home facilities fur- nishing domiciliary, nursing home, or hospital care to veterans). The Secretary may charge a fee for such services (on annual or like basis) at rates which the Secretary determines, after ap- propriate study, to be fair and equitable. The fi- nancial status of any user of such services shall be taken into consideration by the Secretary in establishing the amount of the fee to be paid. Any proceeds to the Government received there- from shall be credited to the applicable Depart- ment medical appropriation. (c) The Secretary is authorized to enter into agreements with public and nonprofit private in- stitutions, organizations, corporations, and other entities in order to participate in coopera- tive health-care personnel education programs within the geographical area of any Department health-care facility located in an area remote from major academic health centers. (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5054; amended Pub. L. 94–424, § 1(1), Sept. 28, 1976, 90 Stat. 1332; Pub. L. 94–581, title II, §§ 206(d), 210(e)(12), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96–151, title I, § 102(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97–251, § 9, Sept. 8, 1982, 96 Stat. 716; renumbered § 8154, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5054 of this title as this section. 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’’ wherever appearing. 1982—Subsec. (b). Pub. L. 97–251 inserted ‘‘(including State home facilities furnishing domiciliary, nursing home, or hospital care to veterans)’’ after ‘‘by the sur- rounding medical community’’. 1979—Subsec. (c). Pub. L. 96–151 added subsec. (c). 1976—Subsec. (b). Pub. L. 94–581 substituted ‘‘by the surrounding’’ for ‘‘by surrounding’’ and ‘‘which the Ad- ministrator determines’’ for ‘‘which he determines’’. Pub. L. 94–424 inserted provision that any proceeds to the Government received therefrom shall be credited to the applicable Veterans’ Administration medical appro- priation. 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. § 8155. Pilot programs; grants to medical schools (a) The Secretary may establish an Advisory Subcommittee on Programs for Exchange of Medical Information, of the Special Medical Ad- visory Group, established under section 7312 of this title, to advise the Secretary on matters re- garding the administration of this section and to coordinate these functions with other re- search and education programs in the Depart- ment of Medicine and Surgery. The Assistant Under Secretary for Health charged with admin- istration of the Department of Medicine and Surgery medical research program shall be an ex officio member of this Subcommittee. (b) The Secretary, upon the recommendation of the Subcommittee, is authorized to make grants to medical schools, hospitals, and re- search centers to assist such medical schools, Page 1366 TITLE 38—VETERANS’ BENEFITS § 8155 hospitals, and research centers in planning and carrying out agreements authorized by section 8154 of this title. Such grants may be used for the employment of personnel, the construction of facilities, the purchasing of equipment when necessary to implement such programs, and for such other purposes as will facilitate the admin- istration of this section. (c)(1) There is hereby authorized to be appro- priated an amount not to exceed $3,500,000 for fiscal year 1976; $1,700,000 for the period begin- ning July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979 and for each of the three succeeding fiscal years, for the purpose of developing and carrying out med- ical information programs under this section on a pilot program basis and for the grants author- ity in subsection (b) of this section. Pilot pro- grams authorized by this subsection shall be carried out at Department hospitals in geo- graphically dispersed areas of the United States. (2) Funds authorized under this section shall not be available to pay the cost of hospital, medical, or other care of patients except to the extent that such cost is determined by the Sec- retary to be incident to research, training, or demonstration activities carried out under this section. (d) The Secretary, after consultation with the Subcommittee shall prescribe regulations cov- ering the terms and conditions for making grants under this section. (e) Each recipient of a grant under this section shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or under- taking supplied by other sources, and such records as will facilitate an effective audit. (f) The Secretary and the Comptroller General of the United States, or any of their duly au- thorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the re- cipient of any grant under this section which are pertinent to any such grant. (Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5055; amended Pub. L. 92–69, Aug. 6, 1971, 85 Stat. 178; Pub. L. 94–424, § 1(2), Sept. 28, 1976, 90 Stat. 1332; Pub. L. 94–581, title II, §§ 206(e), 210(e)(13), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96–151, title I, § 102(b), Dec. 20, 1979, 93 Stat. 1092; renumbered § 8155 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(d)(19), Nov. 2, 1994, 108 Stat. 4684.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–446 substituted ‘‘section 7312’’ for ‘‘section 4112’’. 1992—Subsec. (a). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5055 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘8154’’ for ‘‘5054’’. Subsec. (c)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsecs. (c)(2), (d) to (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1979—Subsec. (c)(1). Pub. L. 96–151 inserted authoriza- tion for the three succeeding fiscal years after fiscal year 1979. 1976—Subsec. (a). Pub. L. 94–581 substituted ‘‘advise the Administrator’’ for ‘‘advise him’’ and ‘‘Assistant Chief Medical Director charged with administration of the Department of Medicine and Surgery medical re- search program’’ for ‘‘Assistant Chief Medical Director for Research and Education in Medicine’’. Subsec. (c)(1). Pub. L. 94–424 substituted provisions authorizing appropriations of $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending Sept. 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979 for provisions authorizing appropriations of $3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975. 1971—Subsec. (c)(1). Pub. L. 92–69 substituted provi- sions authorizing appropriations of amounts up to $3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975, for provisions authorizing appropriations of amounts up to $3,000,000 for each of the first four fis- cal years following fiscal year in which this subchapter was enacted. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Veterans Health Services and Research Administration (or to Department of Medicine and Sur- gery of the Veterans’ Administration) deemed to refer to Veterans Health Administration pursuant to section 2 of Pub. L. 102–40, set out as a Renaming of Veterans Health Services and Research Administration note under section 301 of this title. Reference to Department of Medicine and Surgery deemed to refer to Veterans Health Services and Re- search Administration of the Department of Veterans Affairs, pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 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. TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod following Jan. 5, 1973, unless, in the case of a com- mittee established by the President or an officer of the Federal Government, such council is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a council established by the Con- gress, its duration is otherwise provided by law. Advi- sory councils established after Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is re- newed by appropriate action prior to the expiration of such 2-year period, or in the case of a council estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. 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;