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 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.
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—
research on the sequelae of mild to severe forms of traumatic brain injury;
research on visually-related neurological conditions;
research on seizure disorders;
research on means of improving the diagnosis, rehabilitative treatment, and prevention of such sequelae;
research to determine the most effective cognitive and physical therapies for such sequelae;
research on dual diagnosis of post-traumatic stress disorder and traumatic brain injury;
research on improving the delivery of traumatic brain injury care by the Department
educate and train health care personnel of the Department
in recognizing and treating traumatic brain injury; and
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—
facilities that conduct research on rehabilitation for individuals with traumatic brain injury;
facilities that receive grants for such research from the National Institute on Disability
and Rehabilitation Research of the Department of Education; and
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.—
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—
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—
grants permission to the Secretary
to include such information in the Registry; or
is deceased at the time such individual is listed in the Registry.
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.”
[Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of section 3515e of Title 42, The Public Health and Welfare.]
Pilot Program on Community-Based Brain Injury Residential Rehabilitative Care Services for Veterans With Traumatic Brain Injury
Pub. L. 110–181, div. A, title XVII, § 1705, Jan. 28, 2008, 122 Stat. 491, as amended by Pub. L. 113–146, title V, § 501, Aug. 7, 2014, 128 Stat. 1792; Pub. L. 113–257, § 2(a), (b), Dec. 18, 2014, 128 Stat. 2924, 2925, provided that:
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 pilot program to assess the effectiveness of providing community-based brain injury rehabilitative care 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—
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
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.—
shall give special consideration to providing veterans in rural areas with an opportunity to participate in the pilot program.
“(c) Provision of Community-Based Brain Injury Residential Rehabilitative Care Services.—
In carrying out the pilot program, the Secretary
may enter into agreements for the provision of community-based brain injury rehabilitative care 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 U.S.C. 1396
may not place, transfer, or admit a veteran to any facility for community-based brain injury rehabilitative care 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—
continue to provide each veteran
who is receiving community-based brain injury rehabilitative care services under the pilot program with rehabilitative services
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) Quarterly reports.—
For each calendar quarter occurring during the period beginning January 1, 2015, and ending September 30, 2017, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program.
“(B)Elements.—Each report submitted under subparagraph (A) shall include each of the following for the quarter preceding the quarter during which the report is submitted the following:
The number of individuals that participated in the pilot program.
The number of individuals that successfully completed the pilot program.
The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program.
The interim findings and conclusions of the Secretary
with respect to the success of the pilot program and recommendations for improvement.
“(2) Final report.—
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 the House of Representatives a final report on the pilot program.
“(B)Elements.—The final report required by subparagraph (A) shall include the following:
A description of the pilot program.
’s assessment of the utility of the activities carried out under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury.
“(iii) An evaluation of the pilot program in light of independent living programs carried out by the Secretary under title 38, United States Code, including—
whether the pilot program duplicates services provided under such independent living programs;
the ways in which the pilot program provides different services that the services provided under such independent living program;
how the pilot program could be better defined or shaped; and
whether the pilot program should be incorporated into such independent living programs.
Such recommendations as the Secretary
considers appropriate regarding improving the pilot program.
“(f)Definitions.—In this section:
The term ‘community-based brain injury rehabilitative care services’ means services of a facility in providing room, board, rehabilitation, and personal care for and supervision of residents for their health, safety, and welfare.
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—
is unable to manage routine activities of daily living without supervision and assistance, as determined by the Secretary
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
“(g) Termination.—The pilot program shall terminate on October 6, 2017.”
[Pub. L. 113–257, § 2(c), Dec. 18, 2014, 128 Stat. 2925, provided that:
“The amendments made by this section [amending section 1705 of Pub. L. 110–181
, set out above] shall take effect on the date of the enactment of this Act [Dec. 18, 2014