(a)The Secretary shall, under such regulations as the Secretary prescribes, reimburse veterans eligible for hospital care or medical services under this chapter for the customary and usual charges of emergency treatment (including 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 Department, where such emergency treatment was rendered to such veterans in need thereof for any of the following:
(1)An adjudicated service-connected disability.
(2)A non-service-connected disability associated 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 rehabilitation program (as defined in section
3101(9) of this title); and
(B)is medically determined to have been in need of care or treatment to make possible 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 veteran, 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)In this section, the term “emergency treatment” has the meaning given such term in section
1725(f)(1) of this title.
2008—Subsec. (a). Pub. L. 110–387, § 402(b)(1), added subsec. (a) and struck out former subsec. (a) which authorized the Secretary to reimburse veterans entitled to hospital care or medical services for the reasonable value of such care or services for which such veterans made payment from sources other than the Department under certain conditions.
Subsec. (b). Pub. L. 110–387, § 402(b)(2), substituted “emergency treatment” for “care or services” in introductory provisions and in par. (1).
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.
1989—Subsec. (a)(2)(D). Pub. L. 101–237substituted “(i) a participant in a vocational rehabilitation program (as defined in section
1501(9) of this title), and (ii)” for “found to be (i) in need of vocational rehabilitation under chapter
31 of this title and for whom an objective had been selected or (ii) pursuing a course of vocational rehabilitation training and”.
1979—Subsec. (a). Pub. L. 96–151substituted provisions relating to travel and incidental expenses for provisions relating to necessary travel.
1976—Subsec. (a). Pub. L. 94–581substituted “as the Administrator shall prescribe” for “as he shall prescribe” in provisions preceding par. (1), substituted “delay” for “they” in par. (1), and substituted “make possible such veteran’s entrance” for “make possible his entrance” in par. (2)(D)(ii).
Effective Date of 1989 Amendment
Section 202(b) ofPub. L. 101–237provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to hospital care and medical services received on or after the date of the enactment of this Act [Dec. 18, 1989].”
Section effective Jan. 1, 1971, see section 501 ofPub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section
1701 of this title.
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