38 U.S.C. § 1726 — Reimbursement for loss of personal ef-

Page 459 TITLE 38—VETERANS’ BENEFITS § 1728 fect on the date upon which final regulations imple- menting such section take effect.’’ § 1726. Reimbursement for loss of personal ef- fects by natural disaster The Secretary shall, under regulations which the Secretary shall prescribe, reimburse vet- erans in Department hospitals and domiciliaries for any loss of personal effects sustained by fire, earthquake, or other natural disaster while such effects were stored in designated locations in Department hospitals or domiciliaries. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; Pub. L. 93–82, title I, § 105, Aug. 2, 1973, 87 Stat. 183; Pub. L. 94–581, title II, § 210(a)(12), Oct. 21, 1976, 90 Stat. 2863; renumbered § 1726 and amend- ed Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS Prior section 1726, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, provided for control by agencies of United States, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3689 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 626 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. 1976—Pub. L. 94–581 substituted ‘‘the Administrator shall prescribe’’ for ‘‘he shall prescribe’’. 1973—Pub. L. 93–82 substituted ‘‘natural disaster’’ for ‘‘fire’’ in section catchline and extended reimburse- ment provisions to earthquake and other natural disas- ters also. 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. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–82 effective Jan. 1, 1971, see section 501 of Pub. L. 93–82, set out as a note under sec- tion 1701 of this title. § 1727. Persons eligible under prior law Persons who have a status which would, under the laws in effect on December 31, 1957, entitle them to the medical services, hospital and domi- ciliary care, and other benefits, provided for in this chapter, but who do not meet the service re- quirements contained in this chapter, shall be entitled to such benefits notwithstanding failure to meet such service requirements. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; Pub. L. 94–581, title II, § 202(m), Oct. 21, 1976, 90 Stat. 2856; renumbered § 1727 Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 627 of this title as this section. 1976—Pub. L. 94–581 substituted ‘‘1957’’ for ‘‘1958’’. 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. § 1728. Reimbursement of certain medical ex- penses (a) The Secretary shall, under such regula- tions as the Secretary prescribes, reimburse vet- erans eligible for hospital care or medical serv- ices under this chapter for the customary and usual charges of emergency treatment (includ- ing travel and incidental expenses under the terms and conditions set forth in section 111 of this title) for which such veterans have made payment, from sources other than the Depart- ment, where such emergency treatment was ren- dered to such veterans in need thereof for any of the following: (1) An adjudicated service-connected dis- ability. (2) A non-service-connected disability associ- ated with and held to be aggravating a service- connected disability. (3) Any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability. (4) Any illness, injury, or dental condition of a veteran who— (A) is a participant in a vocational reha- bilitation program (as defined in section 3101 of this title); and (B) is medically determined to have been in need of care or treatment to make pos- sible the veteran’s entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition. (b) In any case where reimbursement would be in order under subsection (a) of this section, the Secretary may, in lieu of reimbursing such vet- eran, make payment of the reasonable value of emergency treatment directly— (1) to the hospital or other health facility furnishing the emergency treatment; or (2) to the person or organization making such expenditure on behalf of such veteran. (c) No veteran described in subsection (a) may be held liable for payment for emergency treat- ment described in such subsection if— (1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and (2) such claim was submitted after a dead- line established by the Secretary for purposes of this section due to— (A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the deadline; or (B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.