38 U.S.C. § 1714 — Fitting and training in use of prosthetic

Page 400 TITLE 38—VETERANS’ BENEFITS [§ 1713 (2) Any survivor or dependent of a veteran who is eligible for medical care under section 1781 of this title. (c) ADMINISTRATION.—The Secretary shall con- tract with a dental insurer to administer the dental insurance plan under this section. (d) BENEFITS.—The dental insurance plan under this section shall provide such benefits for dental care and treatment as the Secretary con- siders appropriate for the dental insurance plan, including diagnostic services, preventative serv- ices, endodontics and other restorative services, surgical services, and emergency services. (e) ENROLLMENT.—(1) Enrollment in the dental insurance plan under this section shall be vol- untary. (2) Enrollment in the dental insurance plan shall be for such minimum period as the Sec- retary shall prescribe for purposes of this sec- tion. (f) PREMIUMS.—(1) Premiums for coverage under the dental insurance plan under this sec- tion shall be in such amount or amounts as the Secretary shall prescribe to cover all costs asso- ciated with carrying out this section. (2) The Secretary shall adjust the premiums payable under this section for coverage under the dental insurance plan on an annual basis. Each individual covered by the dental insurance plan at the time of such an adjustment shall be notified of the amount and effective date of such adjustment. (3) Each individual covered by the dental in- surance plan shall pay the entire premium for coverage under the dental insurance plan, in ad- dition to the full cost of any copayments. (g) VOLUNTARY DISENROLLMENT.—(1) With re- spect to enrollment in the dental insurance plan under this section, the Secretary shall— (A) permit the voluntary disenrollment of an individual in the dental insurance plan if the disenrollment occurs during the 30-day period beginning on the date of the enrollment of the individual in the dental insurance plan; and (B) permit the voluntary disenrollment of an individual in the dental insurance plan for such circumstances as the Secretary shall pre- scribe for purposes of this subsection, but only to the extent such disenrollment does not jeopardize the fiscal integrity of the dental in- surance plan. (2) The circumstances prescribed under para- graph (1)(B) shall include the following: (A) If an individual enrolled in the dental in- surance plan relocates to a location outside the jurisdiction of the dental insurance plan that prevents use of the benefits under the dental insurance plan. (B) If an individual enrolled in the dental in- surance plan is prevented by a serious medical condition from being able to obtain benefits under the dental insurance plan. (C) Such other circumstances as the Sec- retary shall prescribe for purposes of this sub- section. (3) The Secretary shall establish procedures for determinations on the permissibility of vol- untary disenrollments under paragraph (1)(B). Such procedures shall ensure timely determina- tions on the permissibility of such disenrollments. (h) RELATIONSHIP TO DENTAL CARE PROVIDED BY SECRETARY.—Nothing in this section shall af- fect the responsibility of the Secretary to pro- vide dental care under section 1712 of this title, and the participation of an individual in the dental insurance plan under this section shall not affect the entitlement of the individual to outpatient dental services and treatment, and related dental appliances, under such section 1712. (i) REGULATIONS.—The dental insurance plan under this section shall be administered under such regulations as the Secretary shall pre- scribe. (Added Pub. L. 114–218, § 2(a)(1), July 29, 2016, 130 Stat. 842; amended Pub. L. 117–42, § 2, Sept. 30, 2021, 135 Stat. 342.) Editorial Notes AMENDMENTS 2021—Subsec. (j). Pub. L. 117–42 struck out subsec. (j). Text read as follows: ‘‘This section terminates on De- cember 31, 2021.’’ [§ 1713. Renumbered § 1781] Editorial Notes PRIOR PROVISIONS A prior section 1713 was renumbered section 3513 of this title. § 1714. Fitting and training in use of prosthetic appliances; guide dogs; service dogs (a)(1) Any veteran who is entitled to a pros- thetic appliance shall be furnished such fitting and training, including institutional training, in the use of such appliance as may be necessary, whether in a Department facility or other train- ing institution, or by outpatient treatment, in- cluding such service under contract, and includ- ing travel and incidental expenses (under the terms and conditions set forth in section 111 of this title) to and from such veteran’s home to such hospital or training institution. (2) In furnishing prosthetic appliances under paragraph (1), the Secretary shall ensure women veterans are able to access clinically appro- priate prosthetic appliances through each med- ical facility of the Department. (b) The Secretary may provide guide dogs trained for the aid of the blind to veterans who are enrolled under section 1705 of this title. The Secretary may also provide such veterans with mechanical or electronic equipment for aiding them in overcoming the disability of blindness. (c) The Secretary may, in accordance with the priority specified in section 1705 of this title, provide— (1) service dogs trained for the aid of the hearing impaired to veterans who are hearing impaired and are enrolled under section 1705 of this title; (2) service dogs trained for the aid of persons with spinal cord injury or dysfunction or other chronic impairment that substantially limits mobility to veterans with such injury, dys- function, or impairment who are enrolled under section 1705 of this title; and (3) service dogs trained for the aid of persons with mental illnesses, including post-trau- Page 401 TITLE 38—VETERANS’ BENEFITS § 1714 matic stress disorder, to veterans with such illnesses who are enrolled under section 1705 of this title. (d) In the case of a veteran provided a dog under subsection (b) or (c), the Secretary may pay travel and incidental expenses for that vet- eran under the terms and conditions set forth in section 111 of this title to and from the veteran’s home for expenses incurred in becoming ad- justed to the dog. (e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. (f)(1) The Secretary shall provide to any vet- eran described in paragraph (2) a commercially available veterinary insurance policy for each dog provided to such veteran under subsection (b) or (c). (2) A veteran described in this paragraph is a veteran who— (A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; (B) has received a dog under subsection (b) or (c) in connection with such disorder or im- pairment; and (C) meets such other requirements as the Secretary may prescribe. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 614; Pub. L. 93–82, title I, § 103(b), Aug. 2, 1973, 87 Stat. 181; Pub. L. 94–581, title II, § 210(a)(5), Oct. 21, 1976, 90 Stat. 2862; Pub. L. 96–151, title II, § 201(c), Dec. 20, 1979, 93 Stat. 1093; renumbered § 1714 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–135, title II, § 201(a), (b)(1), Jan. 23, 2002, 115 Stat. 2456, 2457; Pub. L. 111–117, div. E, title II, § 229, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 116–315, title V, § 5108(a), Jan. 5, 2021, 134 Stat. 5032; Pub. L. 117–37, § 3(a), Aug. 25, 2021, 135 Stat. 331.) Editorial Notes PRIOR PROVISIONS Prior section 1714 was renumbered section 3514 of this title. Provisions similar to those comprising subsec. (a) of this section were classified to section 613 of this title prior to repeal by section 103(b) of Pub. L. 93–82. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–315 designated existing provisions as par. (1) and added par. (2). Subsecs. (e), (f). Pub. L. 117–37 added subsecs. (e) and (f). 2009—Subsec. (c)(3). Pub. L. 111–117 added par. (3). 2002—Pub. L. 107–135, § 201(b)(1), substituted ‘‘guide dogs; service dogs’’ for ‘‘seeing-eye dogs’’ in section catchline. Subsec. (b). Pub. L. 107–135, § 201(a)(1), struck out ‘‘seeing-eye or’’ after ‘‘may provide’’, substituted ‘‘who are enrolled under section 1705 of this title’’ for ‘‘who are entitled to disability compensation, and may pay travel and incidental expenses (under the terms and conditions set forth in section 111 of this title) to and from their homes and incurred in becoming adjusted to such seeing-eye or guide dogs’’, and substituted ‘‘dis- ability’’ for ‘‘handicap’’. Subsecs. (c), (d). Pub. L. 107–135, § 201(a)(2), added sub- secs. (c) and (d). 1991—Pub. L. 102–83, § 5(a), renumbered section 614 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. 1979—Subsec. (a). Pub. L. 96–151, § 201(c)(1), sub- stituted provisions respecting travel and incidental ex- penses for provisions respecting necessary travel ex- penses. Subsec. (b). Pub. L. 96–151, § 201(c)(2), substituted pro- visions respecting travel and incidental expenses for provisions respecting all necessary travel expenses. 1976—Subsec. (a). Pub. L. 94–581, § 210(a)(5)(A), sub- stituted ‘‘such veteran’s home’’ for ‘‘his home’’. Subsec. (b). Pub. L. 94–581, § 210(a)(5)(B), substituted ‘‘and may pay’’ for ‘‘and he may pay’’. 1973—Pub. L. 93–82 designated existing provisions as subsec. (b) and added subsec. (a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–37, § 3(b), Aug. 25, 2021, 135 Stat. 332, pro- vided that: ‘‘Section 1714(f) of title 38, United States Code, as added by subsection (a), shall apply with re- spect to a veteran provided a dog by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Aug. 25, 2021].’’ EFFECTIVE DATE OF 1979 AMENDMENT 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. 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 Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amend- ment note under section 1701 of this title. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY Pub. L. 117–37, § 2, Aug. 25, 2021, 135 Stat. 329, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of the Act [probably means ‘‘this Act’’, approved Aug. 25, 2021], the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diag- nosed with post-traumatic stress disorder (in this sec- tion referred to as ‘PTSD’) as an element of a com- plementary and integrative health program for such veterans. ‘‘(b) DURATION; MEDICAL CENTERS.— ‘‘(1) DURATION.—The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. ‘‘(2) MEDICAL CENTERS.—The Secretary shall ensure that such pilot program is carried out by not fewer than five medical centers of the Department of Vet- erans Affairs located in geographically diverse areas. ‘‘(c) AGREEMENTS WITH ENTITIES.—In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the dem- onstrated ability to provide the canine training speci- fied in subsection (a). ‘‘(d) REQUIRED CONDITIONS.—The Secretary shall in- clude in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement— ‘‘(1) submits to the Secretary certification that the entity is an accredited service dog training organiza- tion; Page 402 TITLE 38—VETERANS’ BENEFITS § 1715 ‘‘(2) agrees to ensure that veterans participating in the pilot program under subsection (a) receive train- ing from certified service dog training instructors for a period of time determined appropriate by the enti- ty; ‘‘(3) agrees to ensure that veterans participating in such pilot program are prohibited from having access to a dog under such pilot program at any time during such participation without the supervision of a cer- tified service dog training instructor; ‘‘(4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; ‘‘(5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and ‘‘(6) agrees to provide any follow-up training sup- port specified in subsection (e)(2), as applicable. ‘‘(e) ADOPTION OF DOG.— ‘‘(1) IN GENERAL.—A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran’s health provider (in consultation with the entity that pro- vided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ‘‘(2) FOLLOW-UP TRAINING SUPPORT.—If a veteran adopts a dog under paragraph (1), the entity that pro- vided the canine training with respect to the dog under the pilot program shall provide follow-up train- ing support for the life of the dog. Such support shall include the provision of a contact plan between the veteran and the entity that enables the veteran to seek and receive assistance from the entity to ensure the dog is being properly cared for. ‘‘(f) ELIGIBILITY FOR OTHER CARE AND TREATMENT.— Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ‘‘(g) COLLECTION OF DATA.—In carrying out this sec- tion, the Secretary shall— ‘‘(1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)— ‘‘(A) the number of such veterans participating; ‘‘(B) the satisfaction of such veterans with the pilot program; ‘‘(C) whether participation in the pilot program resulted in any clinically relevant improvements for such veterans, as determined by the health care provider or clinical team that referred the veteran to participate in the pilot program; and ‘‘(D) such other factors as the Secretary may de- termine appropriate; and ‘‘(2) establish processes to document and track the progress of such veterans under the pilot program with respect to health benefits and improvements. ‘‘(h) REPORT BY SECRETARY.—Not later than 1 year before the date on which the pilot program under sub- section (a) terminates, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the recommendations of the Secretary regarding— ‘‘(1) whether to extend or make permanent the pilot program; and ‘‘(2) the feasibility and advisability of expanding the pilot program to address mental health condi- tions other than PTSD. ‘‘(i) GAO BRIEFING AND STUDY.— ‘‘(1) BRIEFING.—Not later than 1 year after the date of the commencement of the pilot program under sub- section (a), the Comptroller General of the United States shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Sen- ate a briefing on the methodology established for the pilot program. ‘‘(2) REPORT.—Not later than 270 days after the date on which the pilot program terminates, the Comp- troller General shall submit to the committees speci- fied in paragraph (1) a report on the pilot program. Such report shall include an evaluation of the ap- proach and methodology used for the pilot program with respect to— ‘‘(A) assisting veterans with PTSD; and ‘‘(B) measuring relevant metrics, such as reduc- tion in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. ‘‘(j) DEFINITIONS.—In this section: ‘‘(1) The term ‘accredited service dog training orga- nization’ means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] that— ‘‘(A) provides service dogs to veterans with PTSD; and ‘‘(B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). ‘‘(2) The term ‘eligible veteran’ means a veteran who— ‘‘(A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under sec- tion 1705 of title 38, United States Code; and ‘‘(B) has been recommended for participation in the pilot program under subsection (a) by a quali- fied mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ‘‘(3) The term ‘service dog training instructor’ means an instructor who provides the direct training of veterans with PTSD in the art and science of serv- ice dog training and handling.’’ PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF PROSTHETIC APPLIANCES THROUGH NON-DEPARTMENT PROVIDERS DURING PUBLIC HEALTH EMERGENCY Pub. L. 116–136, div. B, title X, § 20007, Mar. 27, 2020, 134 Stat. 587, provided that: ‘‘The Secretary of Veterans Affairs shall ensure that, to the extent practicable, vet- erans who are receiving or are eligible to receive a prosthetic appliance under section 1714 or 1719 of title 38, United States Code, are able to receive such an ap- pliance that the Secretary determines is needed from a non-Department of Veterans Affairs provider under a contract with the Department during a public health emergency.’’ [For definition of ‘‘public health emergency’’ as used in section 20007 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.] § 1715. Tobacco for hospitalized veterans The Secretary may furnish tobacco to vet- erans receiving hospital or domiciliary care. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 615; renumbered § 1715 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 615 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Statutory Notes and Related Subsidiaries USE OF TOBACCO PRODUCTS IN DEPARTMENT OF VETERANS AFFAIRS FACILITIES Pub. L. 102–585, title V, § 526, Nov. 4, 1992, 106 Stat. 4961, provided that: