38 USC § 1724 - Hospital care, medical services, and nursing home care abroad

(a) Except as provided in subsections (b) and (c), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State.

(b)

(1) The Secretary may furnish hospital care and medical services outside a State to a veteran who is otherwise eligible to receive hospital care and medical services if the Secretary determines that such care and services are needed for the treatment of a service-connected disability of the veteran or as part of a rehabilitation program under chapter 31 of this title.

(2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this subsection only—

(A) if the veteran is in the Republic of the Philippines or in Canada; or

(B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services.

(c) Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Secretary may contract, the Secretary may furnish necessary hospital care to a veteran for any non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital care. The Secretary may enter into contracts to carry out this section.

(d) The Secretary may furnish nursing home care, on the same terms and conditions set forth in section 1720 (a) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who requires a protracted period of nursing home care.

(e) Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Secretary may furnish a veteran who has a service-connected disability with such medical services as the Secretary determines to be needed.

Source

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 624; Pub. L. 86–152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86–624, § 25(a),July 12, 1960, 74 Stat. 418; Pub. L. 87–815, § 4,Oct. 15, 1962, 76 Stat. 927; Pub. L. 93–82, title I, § 108,Aug. 2, 1973, 87 Stat. 186; Pub. L. 94–581, title II, §§ 202(l), 210(a)(11),Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 95–520, § 3(a),Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97–72, title I, § 107(a),Nov. 3, 1981, 95 Stat. 1051; Pub. L. 97–295, § 4(20),Oct. 12, 1982, 96 Stat. 1306; Pub. L. 100–322, title I, § 105,May 20, 1988, 102 Stat. 493; renumbered § 1724 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–377, § 1(a)(1) [title V, § 501(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–58.)

Prior Provisions

Prior section 1724 was renumbered section 3524 of this title.

Prior section 1725,Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, related to period of operation for approval by Administrator, prior to repeal by Pub. L. 92–540, title IV, § 402(2),Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this title.

Amendments

2000—Subsec. (e). Pub. L. 106–377added subsec. (e).

1991—Pub. L. 102–83, § 5(a), renumbered section 624 of this title as this section.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720(a)” for “620(a)”.

1988—Subsec. (b). Pub. L. 100–322amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Administrator may furnish necessary hospital care and medical services to any otherwise eligible veteran for any service-connected disability if the veteran (1) is a citizen of the United States sojourning or residing abroad, or (2) is in the Republic of the Philippines.”

1982—Pub. L. 97–295substituted “Hospital care, medical services, and nursing home care abroad” for “Hospital care and medical services abroad” in section catchline, without regard to a prior amendment by Pub. L. 93–82, which had substituted “Hospital care, medical services and nursing home care abroad” for “Hospital care and medical services abroad”. See 1973 Amendment note below.

1981—Subsec. (d). Pub. L. 97–72struck out “and at the same rate as specified in section 632(a)(4) of this title” after “on the same terms and conditions set forth in section 620(a) of this title”.

1978—Subsec. (c). Pub. L. 95–520substituted “Veterans Memorial Medical Center” for “Veterans Memorial Hospital”.

1976—Subsec. (c). Pub. L. 94–581substituted “the Administrator may furnish” for “he may furnish” and “hospital care to a veteran for any” for “hospital care to a veteran of any war for any”.

1973—Pub. L. 93–82, § 108(b), substituted “Hospital care, medical services and nursing home care abroad” for “Hospital care and medical services abroad” in section catchline.

Subsec. (d). Pub. L. 93–82, § 108(a), added subsec. (d).

1962—Subsec. (b). Pub. L. 87–815struck out “temporarily” before “sojourning”.

1960—Subsec. (a). Pub. L. 86–624substituted “outside any State” for “outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States”.

1959—Subsec. (b). Pub. L. 86–152extended authority to provide hospital and medical care for veterans who are United States citizens temporarily residing abroad to include those with peacetime service-incurred disabilities.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581effective Oct. 21, 1976, see section 211 ofPub. L. 94–581, set out as a note under section 111 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–82effective Sept. 1, 1973, see section 501 ofPub. L. 93–82, set out as a note under section 1701 of this title.