38 U.S. Code § 1720A. Treatment and rehabilitative services for persons with drug or alcohol dependency
2001—Subsec. (d). Pub. L. 107–95 added subsec. (d).
2000—Subsec. (c)(1). Pub. L. 106–419 substituted “for such disability. Care and services provided to a member so transferred” for “for such disability unless such transfer is during the last thirty days of such member’s enlistment period or tour of duty, in which case such care and services provided to such member”.
Pub. L. 106–117, § 114(a)(2), which directed the amendment of first sentence of par. (1) by striking out “unless such transfer is during the last thirty days of such member’s enlistment or tour of duty”, could not be executed because that phrase did not appear.
1997—Pub. L. 105–114, § 202(b)(2), substituted “Treatment and rehabilitative services for persons with drug and alcohol dependency” for “Treatment and rehabilitation for alcohol or drug dependence or abuse disabilities” in section catchline.
“(a)(1) The Secretary, in furnishing hospital, nursing home, and domiciliary care and medical and rehabilitative services under this chapter, may contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from alcohol or drug dependence or abuse disabilities.
“(2) Before furnishing such care and services to any veteran through a contract facility as authorized by paragraph (1) of this subsection, the Secretary shall approve (in accordance with criteria which the Secretary shall prescribe by regulation) the quality and effectiveness of the program operated by such facility for the purpose for which such veteran is to be furnished such care and services.”
“(f)(1) During the period beginning on December 1, 1988, and ending on October 1, 1997, the Secretary shall conduct an ongoing clinical evaluation in order to determine the long-term results of drug and alcohol abuse treatment furnished to veterans in contract residential treatment facilities under this section.
“(2) The evaluation shall include an assessment of the following:
“(C) The employment status and income of such veterans.
“(D) The extent of any criminal activity of such veterans.
“(E) Whether certain models and methods of residential treatment for drug and alcohol abuse are more successful for veterans with specific abuses, specific levels of resources available to them, and specific needs than are other models and methods.
“(3) To the extent feasible, the Secretary shall select for consideration in the evaluation veterans whose treatment for drug and alcohol abuse in contract residential treatment facilities under such section represents a variety of models and methods of residential drug and alcohol abuse treatment.
“(A) Not later than February 1, 1993, an interim report containing information obtained during the first four years of the evaluation and any conclusions that the Secretary has drawn on the basis of that information.
1996—Subsec. (e). Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”.
1994—Subsec. (e). Pub. L. 103–452 substituted “December 31, 1995” for “December 31, 1994”.
Pub. L. 102–54 struck out “during the period” before “beginning” in par. (1).
1988—Subsec. (e). Pub. L. 100–689, § 502(a)(1), substituted “1991” for “1988”.
“(1) The Administrator shall monitor the performance of each contract facility furnishing care and services under the program carried out under subsection (a) of this section.
“(2) The Administrator shall use the results of such monitoring to determine—
“(A) with respect to the program, the medical advantages and cost-effectiveness that result from furnishing such care and services; and
“(B) with respect to such contract facilities generally, the level of success under the program, considering—
“(i) the rate of successful rehabilitation for veterans furnished care and services under the program;
“(ii) the rate of readmission to contract facilities under the program or to Veterans’ Administration health-care facilities by such veterans for care or services for disabilities referred to in subsection (a) of this section;
“(iii) whether the care and services furnished under the program obviated the need of such veterans for hospitalization for such disabilities;
“(iv) the average duration of the care and services furnished such veterans under the program;
“(v) the ability of the program to aid in the transition of such veterans back into their communities; and
“(vi) any other factor that the Administrator considers appropriate.
“(3) The Administrator shall maintain records of—
“(A) the total cost for the care and services furnished by each contract facility under the program;
“(C) the appropriateness of such costs, by comparison to—
“(i) the average charges for the same types of care and services furnished generally by other comparable halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities; and
“(ii) the historical costs for such care and services for the period of time that the program carried out under subsection (a) of this section was a pilot program, taking into account economic inflation.
“(4) Not later than February 1, 1988, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the experience under the program carried out under this section during fiscal years 1984 through 1987. The report shall include—
“(B) the matters referred to in paragraphs (1), (2), and (3) of this subsection; and
“(C) the Administrator’s findings, assessment, and recommendations regarding the program under this section.”
Subsec. (f)(1). Pub. L. 100–687 substituted “during the period beginning on December 1, 1988, and ending on October 1, 1997” for “before October 1, 1997” in par. (1) as amended by Pub. L. 100–689 above.
1985—Pub. L. 99–166, § 101(b)(1), struck out “; pilot program” after “disabilities” in section catchline.
Subsec. (a)(1). Pub. L. 99–166, § 101(a)(1), struck out “may conduct a pilot program under which the Administrator” before “may contract” in first sentence, and struck out second sentence relating to the planning, designing, and conducting of a pilot program by the Chief Medical Director so as to demonstrate any medical advantages and cost effectiveness that might result from furnishing care and services to disabled veterans in contract facilities as authorized by this section, rather than in facilities over which the Administrator had jurisdiction.
Subsec. (e). Pub. L. 99–166, § 101(a)(2), substituted “September 30, 1988” for “October 31, 1985”.
Pub. L. 99–108 substituted “October 31, 1985” for “the last day of the fifth fiscal year following the fiscal year in which the pilot program authorized by such subsection is initiated”.
Subsec. (f). Pub. L. 99–166, § 101(a)(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Not later than March 31, 1984, the Administrator shall report to the Committee on Veterans’ Affairs of the Senate and House of Representatives on the findings and recommendations of the Administrator pertaining to the operation through September 30, 1983, of the pilot program authorized by this section.”
Subsec. (f). Pub. L. 97–251 substituted “March 31, 1984” and “September 30, 1983” for “March 31, 1983” and “September 30, 1982”, respectively.
Subsec. (d)(2). Pub. L. 96–128, § 501(c)(2), substituted “such request unless” for “such request, unless”.
Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
Pub. L. 100–690, title II, § 2501, Nov. 18, 1988, 102 Stat. 4232, directed Administrator of Veterans’ Affairs to conduct an evaluation of inpatient and outpatient drug and alcohol treatment programs operated by the Veterans’ Administration, such evaluation to include a determination of medical advantages and cost-effectiveness of such programs, taking into consideration rates of readmission and the rate of successful rehabilitation, and authorized appropriations for this purpose for fiscal years 1989, 1990, and 1991.
Pub. L. 100–689, title V, § 502(a)(2), Nov. 18, 1988, 102 Stat. 4179, ratified actions by the Administrator of Veterans’ Affairs in providing, during the period beginning Oct. 1, 1988, and ending Nov. 18, 1988, for care and treatment and rehabilitative services under this section.