(Added Pub. L. 110–181, div. A, title XVII, § 1702(a),Jan. 28, 2008, 122 Stat. 486; amended Pub. L. 112–154, title I, § 107(a), (d),Aug. 6, 2012, 126 Stat. 1173.)
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (g), is Pub. L. 106–402
, Oct. 30, 2000, 114 Stat. 1677
. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of subchapter
, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
2012—Subsec. (a)(1). Pub. L. 112–154
, § 107(a)(1), inserted “with the goal of maximizing the individual’s independence” before semicolon.
Subsec. (b)(1). Pub. L. 112–154
, § 107(a)(2)(A), inserted “(and sustaining improvement in)” after “improving” and “behavioral,” after “cognitive,”.
Subsec. (b)(2). Pub. L. 112–154
, § 107(a)(2)(B), inserted “rehabilitative services and” before “rehabilitative components”.
Subsec. (b)(3). Pub. L. 112–154
, § 107(a)(2)(C), substituted “rehabilitative services” for “rehabilitative treatments” and struck out “treatments and” after “location of such”.
Subsec. (c)(2)(S). Pub. L. 112–154
, § 107(d), substituted “ophthalmologist” for “opthamologist”.
Subsec. (h). Pub. L. 112–154
, § 107(a)(3), added subsec. (h).
Research, Education, and Clinical Care Program on Traumatic Brain Injury
Pub. L. 110–181
, div. A, title XVII, § 1704,Jan. 28, 2008, 122 Stat. 490
, provided that:
“(a) In General.—To improve the provision of health care by the Department of Veterans Affairs to veterans with traumatic brain injuries, the Secretary of Veterans Affairs shall—
“(1) conduct research, including—
“(A) research on the sequelae of mild to severe forms of traumatic brain injury;
“(B) research on visually-related neurological conditions;
“(C) research on seizure disorders;
“(D) research on means of improving the diagnosis, rehabilitative treatment, and prevention of such sequelae;
“(E) research to determine the most effective cognitive and physical therapies for such sequelae;
“(F) research on dual diagnosis of post-traumatic stress disorder and traumatic brain injury;
“(G) research on improving facilities of the Department concentrating on traumatic brain injury care; and
“(H) research on improving the delivery of traumatic brain injury care by the Department;
“(2) educate and train health care personnel of the Department in recognizing and treating traumatic brain injury; and
“(3) develop improved models and systems for the furnishing of traumatic brain injury care by the Department.
“(b) Collaboration.—In carrying out research under subsection (a), the Secretary of Veterans Affairs shall collaborate with—
“(1) facilities that conduct research on rehabilitation for individuals with traumatic brain injury;
“(2) facilities that receive grants for such research from the National Institute on Disability and Rehabilitation Research of the Department of Education; and
“(3) the Defense and Veterans Brain Injury Center of the Department of Defense and other relevant programs of the Federal Government (including Centers of Excellence).
“(c) Dissemination of Useful Information.—The Under Secretary of Veterans Affairs for Health shall ensure that information produced by the research, education and training, and clinical activities conducted under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.
“(d) Traumatic Brain Injury Registry.—
“(1) In general.—The Secretary of Veterans Affairs shall establish and maintain a registry to be known as the ‘Traumatic Brain Injury Veterans Health Registry’ (in this section referred to as the ‘Registry’).
“(2) Description.—The Registry shall include the following information:
“(A) A list containing the name of each individual who served as a member of the Armed Forces in Operation Enduring Freedom or Operation Iraqi Freedom who exhibits symptoms associated with traumatic brain injury, as determined by the Secretary of Veterans Affairs, and who—
“(i) applies for care and services furnished by the Department of Veterans Affairs under chapter
, United States Code; or
“(ii) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service.
“(B) Any relevant medical data relating to the health status of an individual described in subparagraph (A) and any other information the Secretary considers relevant and appropriate with respect to such an individual if the individual—
“(i) grants permission to the Secretary to include such information in the Registry; or
“(ii) is deceased at the time such individual is listed in the Registry.
“(3) Notification.—When possible, the Secretary shall notify each individual listed in the Registry of significant developments in research on the health consequences of military service in the Operation Enduring Freedom and Operation Iraqi Freedom theaters of operations.”
Pilot Program on Assisted Living Services for Veterans With Traumatic Brain Injury
Pub. L. 110–181
, div. A, title XVII, § 1705,Jan. 28, 2008, 122 Stat. 491
, provided that:
“(a) Pilot Program.—Beginning not later than 90 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Veterans Affairs, in collaboration with the Defense and Veterans Brain Injury Center of the Department of Defense, shall carry out a five-year pilot program to assess the effectiveness of providing assisted living services to eligible veterans to enhance the rehabilitation, quality of life, and community integration of such veterans.
“(b) Program Locations.—
“(1) In general.—The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. Of the locations so selected—
“(A) at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs; and
“(B) any location other than a location described in subparagraph (A) shall be in an area that contains a high concentration of veterans with traumatic brain injuries, as determined by the Secretary.
“(2) Special consideration for veterans in rural areas.—The Secretary shall give special consideration to providing veterans in rural areas with an opportunity to participate in the pilot program.
“(c) Provision of Assisted Living Services.—
“(1) Agreements.—In carrying out the pilot program, the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with a provider participating under a State plan or waiver under title XIX of the Social Security Act (42
“(2) Standards.—The Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under the pilot program unless the Secretary determines that the facility meets such standards as the Secretary may prescribe for purposes of the pilot program. Such standards shall, to the extent practicable, be consistent with the standards of Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such facilities.
“(d) Continuation of Case Management and Rehabilitation Services.—In carrying out the pilot program, the Secretary shall—
“(1) continue to provide each veteran who is receiving assisted living services under the pilot program with rehabilitative services; and
“(2) designate employees of the Veterans Health Administration of the Department of Veterans Affairs to furnish case management services for veterans participating in the pilot program.
“(1) In general.—Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program.
“(2) Contents.—The report required by paragraph (1) shall include the following:
“(A) A description of the pilot program.
“(B) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury.
“(C) Such recommendations as the Secretary considers appropriate regarding the extension or expansion of the pilot program.
“(f) Definitions.—In this section:
“(1) The term ‘assisted living services’ means services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare.
“(2) The term ‘case management services’ includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly or through a contract, including assessment of needs, planning, referral (including referral for services to be furnished by the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup.
“(3) The term ‘eligible veteran’ means a veteran who—
“(A) is enrolled in the patient enrollment system of the Department of Veterans Affairs under section
, United States Code;
“(B) has received hospital care or medical services provided by the Department of Veterans Affairs for a traumatic brain injury;
“(C) is unable to manage routine activities of daily living without supervision and assistance, as determined by the Secretary; and
“(D) could reasonably be expected to receive ongoing services after the end of the pilot program under this section under another program of the Federal Government or through other means, as determined by the Secretary.”