Eligibility for hospital, nursing home, and domiciliary care
The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed—
to any veteran for a service-connected disability; and
to any veteran who has a service-connected disability rated at 50 percent or more.
The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran—
who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of section 1710A(a) of this title are in effect, a compensable service-connected disability rated less than 70 percent;
whose discharge or release from active military, naval, or air service was for a disability that was incurred or aggravated in the line of duty;
who is in receipt of, or who, but for a suspension pursuant to section 1151 of this title (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section;
who is a former prisoner of war, who was awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14, or who was awarded the Purple Heart;
who is a veteran of the Mexican border period or of World War I;
who was exposed to a toxic substance, radiation, or other conditions, as provided in subsection (e); or
who is unable to defray the expenses of necessary care as determined under section 1722(a) of this title.
In the case of a veteran who is not described in paragraphs (1) and (2), the Secretary may, to the extent resources and facilities are available and subject to the provisions of subsections (f) and (g), furnish hospital care, medical services, and nursing home care which the Secretary determines to be needed.
The requirement in paragraphs (1) and (2) that the Secretary furnish hospital care and medical services, the requirement in section 1710A(a) of this title that the Secretary provide nursing home care, the requirement in section 1710B of this title that the Secretary provide a program of extended care services, and the requirement in section 1745 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes.
During any period during which the provisions of section 1710A(a) of this title are not in effect, the Secretary may furnish nursing home care which the Secretary determines is needed to any veteran described in paragraph (1), with the priority for such care on the same basis as if provided under that paragraph.
The Secretary may furnish to a veteran described in paragraph (2) of this subsection such domiciliary care as the Secretary determines is needed for the purpose of the furnishing of medical services to the veteran.
This subsection applies in the case of the following veterans:
Any veteran whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension that would be applicable to the veteran if the veteran were eligible for pension under section 1521(d) of this title.
Any veteran who the Secretary determines has no adequate means of support.
While any veteran is receiving hospital care or nursing home care in any Department facility, the Secretary may, within the limits of Department facilities, furnish medical services to correct or treat any non-service-connected disability of such veteran, in addition to treatment incident to the disability for which such veteran is hospitalized, if the veteran is willing, and the Secretary finds such services to be reasonably necessary to protect the health of such veteran. The Secretary may furnish dental services and treatment, and related dental appliances, under this subsection for a non-service-connected dental condition or disability of a veteran only (1) to the extent that the Secretary determines that the dental facilities of the Department to be used to furnish such services, treatment, or appliances are not needed to furnish services, treatment, or appliances for dental conditions or disabilities described in section 1712(a) of this title, or (2) if (A) such non-service-connected dental condition or disability is associated with or aggravating a disability for which such veteran is receiving hospital care, or (B) a compelling medical reason or a dental emergency requires furnishing dental services, treatment, or appliances (excluding the furnishing of such services, treatment, or appliances of a routine nature) to such veteran during the period of hospitalization under this section.
In no case may nursing home care be furnished in a hospital not under the direct jurisdiction of the Secretary except as provided in section 1720 of this title.
A Vietnam-era herbicide-exposed veteran is eligible (subject to paragraph (2)) for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.
A radiation-exposed veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disease suffered by the veteran that is—
a disease listed in section 1112(c)(2) of this title; or
any other disease for which the Secretary, based on the advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between occurrence of the disease in humans and exposure to ionizing radiation.
Subject to paragraph (2) of this subsection, a veteran who served on active duty between
Subject to paragraphs (2) and (3), a veteran who served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities after
Subject to paragraph (2), a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as “Project Shipboard Hazard and Defense (SHAD)” and related land-based tests) is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing.
Subject to paragraph (2), a veteran who served on active duty in the Armed Forces at Camp Lejeune, North Carolina, for not fewer than 30 days during the period beginning on
Esophageal cancer.
Lung cancer.
Breast cancer.
Bladder cancer.
Kidney cancer.
Leukemia.
Multiple myeloma.
Myelodysplastic syndromes.
Renal toxicity.
Hepatic steatosis.
Female infertility.
Miscarriage.
Scleroderma.
Neurobehavioral effects.
Non-Hodgkin’s lymphoma.
In the case of a veteran described in paragraph (1)(A), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to—
a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in paragraph (4)(A)(ii); or
a disease for which the National Academy of Sciences, in a report issued in accordance with section 3 of the Agent Orange Act of 1991, has determined that there is limited or suggestive evidence of the lack of a positive association between occurrence of the disease in humans and exposure to a herbicide agent.
In the case of a veteran described in subparagraph (C), (D), (E), or (F) of paragraph (1), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the service or testing described in such subparagraph.
In the case of care for a veteran described in paragraph (1)(D), hospital care, medical services, and nursing home care may be provided under or by virtue of subsection (a)(2)(F) only during the following periods:
Except as provided by subparagraph (B), with respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service after
With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service after
With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service on or before
For purposes of this subsection—
The term “Vietnam-era herbicide-exposed veteran” means a veteran (i) who served on active duty in the Republic of Vietnam during the period beginning on
The term “radiation-exposed veteran” has the meaning given that term in section 1112(c)(3) of this title.
When the Secretary first provides care for veterans using the authority provided in paragraph (1)(D), the Secretary shall establish a system for collection and analysis of information on the general health status and health care utilization patterns of veterans receiving care under that paragraph. Not later than 18 months after first providing care under such authority, the Secretary shall submit to Congress a report on the experience under that authority. The Secretary shall include in the report any recommendations of the Secretary for extension of that authority.
The Secretary may not furnish hospital care or nursing home care (except if such care constitutes hospice care) under this section to a veteran who is eligible for such care under subsection (a)(3) of this section unless the veteran agrees to pay to the United States the applicable amount determined under paragraph (2) or (4) of this subsection.
A veteran who is furnished hospital care or nursing home care under this section and who is required under paragraph (1) of this subsection to agree to pay an amount to the United States in order to be furnished such care shall be liable to the United States for an amount equal to—
the lesser of—
the cost of furnishing such care, as determined by the Secretary; or
the amount determined under paragraph (3) of this subsection; and
before
In the case of hospital care furnished during any 365-day period, the amount referred to in paragraph (2)(A)(ii) of this subsection is—
the amount of the inpatient Medicare deductible, plus
one-half of such amount for each 90 days of care (or fraction thereof) after the first 90 days of such care during such 365-day period.
In the case of nursing home care furnished during any 365-day period, the amount referred to in paragraph (2)(A)(ii) of this subsection is the amount of the inpatient Medicare deductible for each 90 days of such care (or fraction thereof) during such 365-day period.
Except as provided in clause (ii) of this subparagraph, in the case of a veteran who is admitted for nursing home care under this section after being furnished, during the preceding 365-day period, hospital care for which the veteran has paid the amount of the inpatient Medicare deductible under this subsection and who has not been furnished 90 days of hospital care in connection with such payment, the veteran shall not incur any liability under paragraph (2) of this subsection with respect to such nursing home care until—
the veteran has been furnished, beginning with the first day of such hospital care furnished in connection with such payment, a total of 90 days of hospital care and nursing home care; or
the end of the 365-day period applicable to the hospital care for which payment was made,
whichever occurs first.
In the case of a veteran who is admitted for nursing home care under this section after being furnished, during any 365-day period, hospital care for which the veteran has paid an amount under subparagraph (A)(ii) of this paragraph and who has not been furnished 90 days of hospital care in connection with such payment, the amount of the liability of the veteran under paragraph (2) of this subsection with respect to the number of days of such nursing home care which, when added to the number of days of such hospital care, is 90 or less, is the difference between the inpatient Medicare deductible and the amount paid under such subparagraph until—
the veteran has been furnished, beginning with the first day of such hospital care furnished in connection with such payment, a total of 90 days of hospital care and nursing home care; or
the end of the 365-day period applicable to the hospital care for which payment was made,
whichever occurs first.
In the case of a veteran who is admitted for hospital care under this section after having been furnished, during the preceding 365-day period, nursing home care for which the veteran has paid the amount of the inpatient Medicare deductible under this subsection and who has not been furnished 90 days of nursing home care in connection with such payment, the veteran shall not incur any liability under paragraph (2) of this subsection with respect to such hospital care until—
the veteran has been furnished, beginning with the first day of such nursing home care furnished in connection with such payment, a total of 90 days of nursing home care and hospital care; or
the end of the 365-day period applicable to the nursing home care for which payment was made,
whichever occurs first.
A veteran may not be required to make a payment under this subsection for hospital care or nursing home care furnished under this section during any 90-day period in which the veteran is furnished medical services under paragraph (3) of subsection (a) to the extent that such payment would cause the total amount paid by the veteran under this subsection for hospital care and nursing home care furnished during that period and under subsection (g) for medical services furnished during that period to exceed the amount of the inpatient Medicare deductible in effect on the first day of such period.
A veteran may not be required to make a payment under this subsection or subsection (g) for any days of care in excess of 360 days of care during any 365-calendar-day period.
In the case of a veteran covered by this subsection who is also described by section 1705(a)(7) of this title, the amount for which the veteran shall be liable to the United States for hospital care under this subsection shall be an amount equal to 20 percent of the total amount for which the veteran would otherwise be liable for such care under subparagraphs (2)(B) and (3)(A) but for this paragraph.
For the purposes of this subsection, the term “inpatient 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)) on the first day of the 365-day period applicable under paragraph (3) of this subsection.
The Secretary may not furnish medical services (except if such care constitutes hospice care) under subsection (a) of this section (including home health services under section 1717 of this title) to a veteran who is eligible for hospital care under this chapter by reason of subsection (a)(3) of this section unless the veteran agrees to pay to the United States in the case of each outpatient visit the applicable amount or amounts established by the Secretary by regulation.
A veteran who is furnished medical services under subsection (a) of this section and who is required under paragraph (1) of this subsection to agree to pay an amount to the United States in order to be furnished such services shall be liable to the United States, in the case of each visit in which such services are furnished to the veteran, for an amount which the Secretary shall establish by regulation.
This subsection does not apply with respect to the following:
Home health services under section 1717 of this title to the extent that such services are for improvements and structural alterations.
Education on the use of opioid antagonists to reverse the effects of overdoses of specific medications or substances.
Nothing in this section requires the Secretary to furnish care to a veteran to whom another agency of Federal, State, or local government has a duty under law to provide care in an institution of such government.
Source
(Pub. L. 85–857,Notes
References in Text
Codification
Prior Provisions
Amendments
Effective Date of 2013 Amendment
Effective Date of 2012 Amendment
In general.—
The provisions of this section [enacting section 1787 of this title and amending this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [
Applicability.—
Subparagraph (F) of section 1710(e)(1) of such title [probably means title 38, United States Code], as added by subsection (a), and section 1787 of title 38, United States Code, as added by subsection (b)(1), shall apply with respect to hospital care and medical services provided on or after the date of the enactment of this Act.”
Effective Date of 2006 Amendment
Effective Date of 2002 Amendment
Effective Date of 1999 Amendment
Effective Date of 1997 Amendment
Except as provided in paragraph (2), this section [enacting section 1729A of this title, amending this section and sections 712, 1722A, and 1729 of this title, and enacting provisions set out as notes under sections 1729 and 1729A of this title] and the amendments made by this section shall take effect on
The amendments made by subsection (d) [amending section 1729 of this title] shall take effect on the date of the enactment of this Act [
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
Effective Date of 1990 Amendments
Effective Date.—
The amendments made by this section [amending this section and sections 612 and 622 [now 1712 and 1722] of this title] shall apply with respect to hospital care and medical services received after
Effective Date of 1986 Amendments
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 525, 601, 612, 612A, 620, 622, and 663 [now 1525, 1701, 1712, 1712A, 1720, 1722, and 1763] of this title and enacting provisions set out as notes under this section and section 1722 of this title] shall apply to hospital care, nursing home care, and medical services furnished on or after
The provisions of sections 610 and 622 [now 1710 and 1722] of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [
During the months of July and August 1986, the Administrator may, in order to continue a course of treatment begun before
For the purposes of this paragraph, the term ‘episode of care’ means a period of consecutive days—
beginning with the first day on which a veteran is furnished hospital or nursing home care; and
ending on the day of the veteran’s discharge from the hospital or nursing home facility, as the case may be.”
Effective Date of 1981 Amendment
Effective Date of 1979 Amendment
Effective Date of 1976 Amendment
Effective Date of 1973 Amendment
Savings Provision
Savings Provision for Pub. L. 100–322
Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care
Pilot Program Required.—
The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c).
Limitation on Period of Payments.—
Assistance may only be provided to a qualified veteran under the pilot program for receipt of child care during the period that the qualified veteran—
receives the types of health care services described in subsection (c) at a facility of the Department; and
requires travel to and return from such facility for the receipt of such health care services.
Qualified Veterans.—
For purposes of this section, a qualified veteran is a veteran who is—
the primary caretaker of a child or children; and
receiving from the Department—
regular mental health care services;
intensive mental health care services; or
such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or
in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department.
Locations.—
The Secretary shall carry out the pilot program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the pilot program.
Termination.—
The authority to carry out a pilot program under this section shall terminate on
Forms of Child Care Assistance.—
In general.—
Child care assistance under this section may include the following:
Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552) [now 40 U.S.C. 590(g)].
Direct provision of child care at an on-site facility of the Department of Veterans Affairs.
Payments to private child care agencies.
Collaboration with facilities or programs of other Federal departments or agencies.
Such other forms of assistance as the Secretary considers appropriate.
Amounts of stipends.—
In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.
Report.—
Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program. The report shall include the findings and conclusions of the Secretary as a result of the pilot program, and shall include such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate.
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out the pilot program $1,500,000 for each of fiscal years 2010, 2015, 2016, and 2017.”
Grants for Veterans Service Organizations for Transportation of Highly Rural Veterans
Grants Authorized.—
In general.—
The Secretary of Veterans Affairs shall establish a grant program to provide innovative transportation options to veterans in highly rural areas.
Eligible recipients.—
The following may be awarded a grant under this section:
State veterans service agencies.
Veterans service organizations.
Use of funds.—
A State veterans service agency or veterans service organization awarded a grant under this section may use the grant amount to—
assist veterans in highly rural areas to travel to Department of Veterans Affairs medical centers; and
otherwise assist in providing transportation in connection with the provision of medical care to veterans in highly rural areas.
Maximum amount.—
The amount of a grant under this section may not exceed $50,000.
No matching requirement.—
The recipient of a grant under this section shall not be required to provide matching funds as a condition for receiving such grant.
Regulations.—
The Secretary shall prescribe regulations for—
evaluating grant applications under this section; and
otherwise administering the program established by this section.
Definitions.—
In this section:
Highly rural.—
The term ‘highly rural’, in the case of an area, means that the area consists of a county or counties having a population of less than seven persons per square mile.
Veterans service organization.—
The term ‘veterans service organization’ means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.
Authorization of Appropriations.—
There is authorized to be appropriated $3,000,000 for each of fiscal years 2010 through 2017 to carry out this section.”
Continuation of Authority
Personal Emergency Response System for Veterans With Service-Connected Disabilities
Evaluation and Study.—
The Secretary of Veterans Affairs shall carry out an evaluation and study of the feasibility and desirability of providing a personal emergency response system to veterans who have service-connected disabilities. The evaluation and study shall be commenced not later than 60 days after the date of the enactment of this Act [
Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the evaluation and study under subsection (a). The Secretary shall include in the report the Secretary’s findings resulting from the evaluation and study and the Secretary’s conclusion as to whether the Department of Veterans Affairs should provide a personal emergency response system to veterans with service-connected disabilities.
Authority To Provide System.—
If the Secretary concludes in the report under subsection (b) that a personal emergency response system should be provided by the Department of Veterans Affairs to veterans with service-connected disabilities—
the Secretary may provide such a system, without charge, to any veteran with a service-connected disability who is enrolled under section 1705 of title 38, United States Code, and who submits an application for such a system under subsection (d); and
the Secretary may contract with one or more vendors to furnish such a system.
Application.—
A personal emergency response system may be provided to a veteran under subsection (c)(1) only upon the submission by the veteran of an application for the system. Any such application shall be in such form and manner as the Secretary may require.
Definition.—
For purposes of this section, the term ‘personal emergency response system’ means a device—
that can be activated by an individual who is experiencing a medical emergency to notify appropriate emergency medical personnel that the individual is experiencing a medical emergency; and
that provides the individual’s location through a Global Positioning System indicator.”
Chiropractic Treatment
Requirement for Program.—
Subject to the provisions of this section, the Secretary of Veterans Affairs shall carry out a program to provide chiropractic care and services to veterans through Department of Veterans Affairs medical centers and clinics.
Eligible Veterans.—
Veterans eligible to receive chiropractic care and services under the program are veterans who are enrolled in the system of patient enrollment under section 1705 of title 38, United States Code.
Location of Program.—
The program shall be carried out at sites designated by the Secretary for purposes of the program. The Secretary shall designate at least one site for such program in each geographic service area of the Veterans Health Administration. The sites so designated shall be medical centers and clinics located in urban areas and in rural areas.
Care and Services Available.—
The chiropractic care and services available under the program shall include a variety of chiropractic care and services for neuro-musculoskeletal conditions, including subluxation complex.
Other Administrative Matters.—
The Secretary shall carry out the program through personal service contracts and by appointment of licensed chiropractors in Department medical centers and clinics.
As part of the program, the Secretary shall provide training and materials relating to chiropractic care and services to Department health care providers assigned to primary care teams for the purpose of familiarizing such providers with the benefits of chiropractic care and services.
Regulations.—
The Secretary shall prescribe regulations to carry out this section.
Chiropractic Advisory Committee.—
The Secretary shall establish an advisory committee to provide direct assistance and advice to the Secretary in the development and implementation of the chiropractic health program.
The membership of the advisory committee shall include members of the chiropractic care profession and such other members as the Secretary considers appropriate.
Matters on which the advisory committee shall assist and advise the Secretary shall include the following:
Protocols governing referral to chiropractors.
Protocols governing direct access to chiropractic care.
Protocols governing scope of practice of chiropractic practitioners.
Definition of services to be provided.
Such other matters the Secretary determines to be appropriate.
The advisory committee shall cease to exist on
Establishment of Program.—
Not later than 120 days after the date of the enactment of this Act [
Definitions.—
For purposes of this section:
The term ‘chiropractic treatment’ means the manual manipulation of the spine performed by a chiropractor for the treatment of such musculo-skeletal conditions as the Secretary considers appropriate.
The term ‘chiropractor’ means an individual who—
is licensed to practice chiropractic in the State in which the individual performs chiropractic services; and
holds the degree of doctor of chiropractic from a chiropractic college accredited by the Council on Chiropractic Education.”
Implementation Report
Demonstration Projects for Treatment of Persian Gulf Illness
The Secretary of Veterans Affairs shall carry out a program of demonstration projects to test new approaches to treating, and improving the satisfaction with such treatment of, Persian Gulf veterans who suffer from undiagnosed and ill-defined disabilities. The program shall be established not later than
At least one of each of the following models shall be used at no less than two of the demonstration projects:
A specialized clinic which serves Persian Gulf veterans.
Multidisciplinary treatment aimed at managing symptoms.
Use of case managers.
A demonstration project under this subsection may be undertaken in conjunction with another funding entity, including agreements under section 8111 of title 38, United States Code.
The Secretary shall make available from appropriated funds (which have been retained for contingent funding) $5,000,000 to carry out the demonstration projects.
The Secretary may not approve a medical center as a location for a demonstration project under this subsection unless a peer review panel has determined that the proposal submitted by that medical center is among those proposals that have met the highest competitive standards of clinical merit and the Secretary has determined that the facility has the ability to—
attract the participation of clinicians of outstanding caliber and innovation to the project; and
effectively evaluate the activities of the project.
In determining which medical centers to select as locations for demonstration projects under this subsection, the Secretary shall give special priority to medical centers that have demonstrated a capability to compete successfully for extramural funding support for research into the effectiveness and cost-effectiveness of the care provided under the demonstration project.”
Patient Privacy for Women Patients
Identification of Deficiencies.—
The Secretary of Veterans Affairs shall conduct a survey of each medical center under the jurisdiction of the Secretary to identify deficiencies relating to patient privacy afforded to women patients in the clinical areas at each such center which may interfere with appropriate treatment of such patients.
Correction of Deficiencies.—
The Secretary shall ensure that plans and, where appropriate, interim steps to correct the deficiencies identified in the survey conducted under subsection (a) are developed and are incorporated into the Department’s construction planning processes and, in cases in which it is cost-effective to do so, are given a high priority.
Reports to Congress.—
The Secretary shall compile an annual inventory, by medical center, of deficiencies identified under subsection (a) and of plans and, where appropriate, interim steps, to correct such deficiencies. The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, not later than
Hospice Care Study
Study Required.—
The Secretary of Veterans Affairs shall conduct a research study to determine the desirability of the Secretary furnishing hospice care to terminally ill veterans and to evaluate the most cost-effective and efficient way to do so. The Secretary shall carry out the study using resources and personnel of the Department.
Conduct of Study.—
In carrying out the study required by subsection (a), the Secretary shall—
evaluate the programs, and the program models, through which the Secretary furnishes hospice care services within or through facilities of the Department of Veterans Affairs and the programs and program models through which non-Department facilities provide such services;
assess the satisfaction of patients, and family members of patients, in each of the program models covered by paragraph (1);
compare the costs (or range of costs) of providing care through each of the program models covered by paragraph (1); and
identify any barriers to providing, procuring, or coordinating hospice services through any of the program models covered by paragraph (1).
Program Models.—
For purposes of subsection (b)(1), the Secretary shall evaluate a variety of types of models for delivery of hospice care, including the following:
Direct furnishing of full hospice care by the Secretary.
Direct furnishing of some hospice services by the Secretary.
Contracting by the Secretary for the furnishing of hospice care, with a commitment that the Secretary will provide any further required hospital care for the patient.
Contracting for all required care to be furnished outside the Department.
Referral of the patient for hospice care without a contract.
Report.—
Not later than
Ratification of Actions During Period of Expired Authority
Reimbursement for Hospital, Nursing Home or Outpatient Services Expenses
Health Care Services for Women
General Authority.—
In furnishing hospital care and medical services under chapter 17 of title 38, United States Code, the Secretary of Veterans Affairs may provide to women the following health care services:
Papanicolaou tests (pap smears).
Breast examinations and mammography.
General reproductive health care, including the management of menopause, but not including under this section infertility services, abortions, or pregnancy care (including prenatal and delivery care), except for such care relating to a pregnancy that is complicated or in which the risks of complication are increased by a service-connected condition.
Responsibilities of Directors of Facilities.—
The Secretary shall ensure that directors of medical facilities of the Department identify and assess opportunities under the authority provided in title II of this Act [38 U.S.C. 8111 note] to (1) expand the availability of, and access to, health care services for women veterans under sections 1710 and 1712 of title 38, United States Code, and (2) provide counseling, care, and services authorized by this title [see Short Title of 1992 Amendment note set out under section 101 of this title].”
Report on Health Care and Research
In general.—
Not later than January 1 of 1993 and each year thereafter through 1998, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the provision of health care services and the conduct of research carried out by, or under the jurisdiction of, the Secretary relating to women veterans.
Contents.—
The report under subsection (a) shall include the following information with respect to the most recent fiscal year before the date of the report:
The number of women veterans who have received services described in section 106 of this Act [set out as a note above] in facilities under the jurisdiction of the Secretary (or the Secretary of Defense), shown by reference to the Department facility which provided (or, in the case of Department of Defense facilities, arranged) those services;
A description of (A) the services provided at each such facility (including information on the number of inpatient stays and the number of outpatient visits through which such services were provided), and (B) the extent to which each such facility relies on contractual arrangements under section 1703 or 8153 of title 38, United States Code, to furnish care to women veterans in facilities which are not under the jurisdiction of the Secretary where the provision of such care is not furnished in a medical emergency.
The steps taken by each such facility to expand the provision of services at such facility (or under arrangements with a Department of Defense facility) to women veterans.
A description (as of October 1 of the year preceding the year in which the report is submitted) of the status of any research relating to women veterans being carried out by or under the jurisdiction of the Secretary, including research under section 109 of this Act [former 38 U.S.C. 7303 note].
A description of the actions taken by the Secretary to foster and encourage the expansion of such research.”
Coordination of Women’s Services
Conducting periodic assessments of the needs for services of women veterans within such region.
Planning to meet such needs.
Assisting in carrying out the purposes of section 106(b) of this title [set out above].
Coordinating the training of women veterans coordinators who are assigned to Department facilities in the region under the jurisdiction of such regional coordinator.
Providing appropriate technical support and guidance to Department facilities in that region with respect to outreach activities to women veterans.”