38 USC § 1710E - Traumatic brain injury: use of non-Department facilities for rehabilitation

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(a) Cooperative Agreements.— The Secretary, in implementing and carrying out a plan developed under section 1710C of this title, may provide hospital care and medical services through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.

(b) Covered Individuals.— The care and services provided under subsection (a) shall be made available to an individual—

(1) who is described in section 1710C (a) of this title; and

(2)

(A) to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or

(B) for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation for such individual.

(c) Authorities of State Protection and Advocacy Systems.— Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 shall be construed as preventing a State protection and advocacy system (as defined in section 1710C (g) of this title) from exercising the authorities described in such subtitle with respect to individuals provided rehabilitative treatment or services under section 1710C of this title in a non-Department facility.

(d) Standards.— The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.

Source

(Added Pub. L. 110–181, div. A, title XVII, § 1703(a),Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111–163, title V, § 509,May 5, 2010, 124 Stat. 1162.)

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c), 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 I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.

Amendments

2010—Subsecs. (b) to (d). Pub. L. 111–163added subsecs. (b) and (d) and redesignated former subsec. (b) as (c).

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, December 26, 2012

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 1710E		2012	112-154 [Sec.] 107(c)	126 Stat. 1173

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38 USC § 1710E - Traumatic brain injury: use of non-Department facilities for rehabilitation

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