§ 1728. Reimbursement of certain medical expenses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1973

   Veterans Health Care Expansion Act of 1973

   Pub. L. 93–82 title I § 106(a) · 87 Stat. 179

   Enacted · 38 U.S.C. § 1728

   Added Pub. L. 93–82, title I, § 106(a), Aug. 2, 1973, 87 Stat. 183, § 628

   Source evidence

   Code source credit
   Added Pub. L. 93–82, title I, § 106(a), Aug. 2, 1973, 87 Stat. 183, § 628

   Enacted provision · exact public law section
   (a) Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end thereof the following new 72 Stat. 1143. 38 USC 621. section: “§ 628. Reimbursement of certain medical expenses “(a) The Administrator may under such regulations as he shall prescribe, reimburse veterans entitled to hospital care or medical services under this chapter for the reasonable value of such care or services (including necessary travel), for which such veterans have made payment, from sources other than the Veterans’ Administration, where— “(1) such care oi‘ services were rendered in a medical emergency of such nature that they would have been hazardous to life or health; “(2) such care or services were rendered to a veteran in need thereof (A) for an adjudicated service-connected disability, (B) for a non-service-connected disability associated with and held to be aggravating a service-connected disability, (C) for any disability of a veteran who has a total disability permanent in nature from a service-connected disability, or (D) for any illness, injury, or dental condition in the ease of a veteran who is 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) 72 Stat. 1171; 79 Stat. 577. 38 USC 1501. pursuing a course of vocational rehabilitation training and is medically determined to have been in need of care or treatment to make possible his 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; and “(3) Veterans’ Administration or other Federal facilities were not feasibly available, and an attempt to use them beforehand would not have been reasonable, sound, wise, or practical. “(b) In any case where reimbursement would be in order under subsection (a) of this section, the Administrator may, in lieu of reimbursing such veteran, make payment of the reasonable value of care or services directly— “(1) to the hospital or other health facility furnishing the care or services; or “(2) to the person or organization making such expenditure on behalf of such veteran.”.

2. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 title II · 90 Stat. 2842

   1. Substituted · 38 U.S.C. § 1728(a)

      Pub. L. 94–581 substituted “as the Administrator shall prescribe” for “as he shall prescribe” in provisions preceding par. (1)

   2. Substituted · 38 U.S.C. § 1728(a)

      Pub. L. 94–581 substituted “delay” for “they” in par. (1)

   3. Substituted · 38 U.S.C. § 1728(a)

      Pub. L. 94–581 substituted “make possible such veteran’s entrance” for “make possible his entrance” in par. (2)(D)(ii)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581 substituted “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).

   Enacted provision · exact public law
   TITLE II— MEDICAL TECHNICAL AND CONFORMING AMENDMENTS Sec. 201. This title may be cited as the “Veterans Medical Technical and Conforming Amendments of 1976”. Sec. 202. Chapter 17 of title 38, United States Code, is amended as follows: (a) The title of such chapter is amended by inserting “NURSING HOME” before “DOMICILIARY”. (b) Section 601 is amended by— (1) striking out “and exclusive” in clause (A) of paragraph (4); (2) (A) inserting after “contracts” in clause (C) of paragraph (4) “when facilities described in clause (A) or (B) of this paragraph are not capable of furnishing economical care because of geographical inaccessibility or of furnishing the care or services required”; (B) redesignating subclauses (ii) and (iii) of such clause (C) as subclauses (iv) and (v). respectively; (C) striking out subclause (i) of such clause (C) and inserting in lieu thereof the following subclauses: “(i) hospital care or medical services to a veteran for the treatment of a service-connected disability or a disability for which a veteran was discharged or released from the active military, naval, or air service; (ii) medical services for the treatment of any disability of a veteran described in clause (1) (B) or (2) of section 612(f) of this title, (iii) hospital care or medical services for the treatment of medical emergencies which pose a serious threat to the life or health of a veteran receiving hospital care in a facility described in clause (A) or (B) of this paragraph;”; and (D) striking out “clause (iii)” where the term appears in subclause (v) (as so redesignated) of such clause (C) and inserting in lieu thereof “subclause (v) ”; and (E) striking out in subclause (ii) of clause (A) of paragraph (5) “for any veteran who is in need of treatment for a service-connected disability or is unable to defray the expense of transportation” and inserting in lieu thereof “pursuant to the provisions of section 111 of this title”. (c) The subchapter heading at the beginning of subchapter II of such chapter is amended by inserting a comma and “Nursing Home,” after “Hospital”. (d) Section 610 is amended by— (1) inserting a comma and “nursing home,” after “hospital” in the catchline of such section; (2) inserting “or nursing home” after “hospital” in subsection (a)(1) (B); (3) striking out “of any war or of service after January 31, 1955,” and the comma after “domiciliary care” in subsection (b)(2); and (4) striking out “and exclusive” in subsection (d). (e) (1) The catchline of section 611 is amended by striking out “Hospitalization” and inserting in lieu thereof “Care”. (2) Subsection (b) of section 611 is amended by inserting “or medical services” after “hospital care”. (f) Section 612 is amended by— (1) striking out “Indian wars” and inserting in lieu thereof “Indian Wars” in subsection (e); (2) striking out “granted” and inserting in lieu thereof “furnished” in subsection (f)(1)(B); and (3) inserting after “Administrator” in subsection (g) a comma and “within the limits of Veterans’ Administration facilities,”. (g) Section 616 is amended by striking out “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”. (h) Subsection (a) of section 620 is amended by— (1) striking out “and exclusive” in clause (1) and in the last sentence of such subsection; and (2) striking out “from time to time” and inserting in lieu thereof “annually” in clause (ii). (i) The subchapter heading at the beginning of subchapter HI of such chapter is amended by inserting “and Nursing Home” after “Hospital”. (j) Clauses (1) through (3) of section 621 are amended by inserting a comma and “nursing home,” after “hospital” each time it appeal’s. (k) Subsection (a) of section 622 is amended by striking out “610 (a)(1)” and inserting in lieu thereof “610 (a) (1) (B) ”, and by striking out “632(b)” and inserting in lieu thereof “632(a) (2)”. (l) Subsection (c) of section 624 is amended by striking out “of any war” after “veteran”. (m) Section 627 is amended by striking out “1958” and inserting in lieu thereof “1957”. (n) Subsection (a)(1) of section 628 is amended by striking out “they” and inserting in lieu thereof “delay”. (o) Section 641 is amended by striking out “of any war or of service after January 31, 1955”. Sec. 203. (a) The table of chapters and parts at the beginning of title 38, United States Code, and the table of chapters at the beginning of part IT of such title are each amended by inserting in the title of chapter 17 “NURSING HOME,” after “HOSPITAL”. (b) The table of sections at the beginning of chapter 17 of such title is amended by— (1) inserting in the heading of subchapter II a comma and “nursing home” after “hospital” ; (2) inserting in the item relating to section 610 a comma and “nursing home” after “hospital”; (3) inserting in the heading of subchapter HI “and nursing home” after “hospital” ; and (4) striking out “Hospitalization” and inserting in lieu thereof “Care” in the item relating to section 611. Sec. 204. Chapter 23 of title 38, United States Code, is amended by inserting in subsection (a) of section 903 a comma and “nursing home,” after “hospital”, and by striking out “611” and inserting in lieu thereof “611(a)” in such subsection. Sec. 205. Subchapter I of chapter 73 of title 38, United States Code, is amended as follows: (a) (1) The second sentence of subsection (a) of section 4101 38 USC 4101. is amended to read as follows: “The primary function of the Department of Medicine and Surgery shall be to provide a complete medical and hospital service, as provided in this title and in regulations prescribed by the Administrator pursuant thereto, for the medical care and treatment of veterans.”. (2) Subsection (b) of section 4101 is amended by striking out “to provide a complete medical and hospital service for the medical care and treatment of veterans”. (3) Section 4101 is further amended by redesignating subsection (c) as subsection (d) and inserting the following new subsection (c): “(c) (1) In order to carry out more effectively the primary function of the Department of Medicine and Surgery and in order to contribute to the Nation’s knowledge about disease and disability, the Administrator shall, in connection with the provision of medical care and treatment to veterans, carry out a program of medical research (including biomedical, prosthetic, and health care services research, and stressing research into spinal cord injuries and diseases and other disabilities that lead to paralysis of the lower extremities). In carrying out such research program, the Administrator shall act in cooperation with the entities described in subsection (b) of this section. “(2) Prosthetic research shall include research and testing in the field of prosthetic, orthotic, and orthopedic appliances and sensory devices. In order that the unique investigative material and research data in the possession of the Government may result in the improvement of such appliances and devices for all disabled persons, the Administrator, through the Chief Medical Director, shall make the results of such research available to any person, and shall consult and cooperate with the Secretary of Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare, in connection with programs carried out under section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development 29 USC 702. and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), section 202(b)(2) of such Act (relating to 29 USC 762. the establishment and support of Rehabilitation Engineering Research Centers), and section 405 of such Act (relating to the secretarial 29 USC 785. responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities). “(3) (A) With the approval of the Administrator, any contract or Hazardous research, indemnification of contractor. research authorized by this section, the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not covered by the financial protection required under subparagraph (E) of this paragraph. “(i) Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal workers’ injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. “(ii) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. “(B) A contract that provides for indemnification in accordance with subparagraph (A) of this paragraph must also provide for— “(i) notice to the United States of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and “(ii) control of or assistance in the defense by the United States, at its election, of any such suit or claim for which indemnification is provided hereunder. “(C) No payment may be made under subparagraph (A) of this paragraph unless the Administrator, or the Administrator’s designee, certifies that the amount, is just and reasonable. “(D) Upon approval by the Administrator, payments under subparagraph (A) of this paragraph may be made from— “(i) funds obligated for the performance of the contract concerned; “(ii) funds available for research or development or both, and not otherwise obligated; or “(iii) funds appropriated for those payments. “(E) Each contractor which is a party to an indemnification agreement under subparagraph (A) of this paragraph shall have and maintain financial protection of such type and in such amounts as the Administrator shall require to cover liability to third persons and loss of or damage to the contractor’s property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the Administrator may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures. “(F) In administering the provisions of this paragraph, the Administrator may use the facilities and services of private insurance organizations, and may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), upon a showing by the Administrator that advertising is not reasonably practicable, and advance payments may be made under any such contract. “(G) The authority to indemnify contractors under this paragraph does not create any rights in third persons which would not otherwise exist by law. “(H) As used in this section, the term ‘contractor’ includes subcontractors of any tier under a contract containing an idemnification provision pursuant to subparagraph (A) of this paragraph. “(4) Funds appropriated to carry out this subsection shall remain available until expended.”. (b) Chapter 39 of title 38, United States Code, is amended by— (1) striking out in the table of sections “1804. Research and development; coordination with other Federal programs.” and inserting in lieu thereof “1904. Research and development.”; (2) amending the catchline of section 1904 to read as follows: 38 USC 1904. “§1904. Research and development”; and (3) amending subsection (a) of section 1904 by striking out “prosthetic and orthopedic appliance research under section 216 and medical research” and inserting in lieu thereof “medical and Prosthetic research”. (c) Chapter 3 of title 38, United States Code, is amended by— (1) striking out section 216 in its entirety; and (2) amending the table of sections at the beginning thereof by striking out “216. Research by the Administrator; indemnification or contractors.”. (d) Section 4103 of such title is amended by— (1) inserting “upon the recommendation of the Chief Medical Director” after “Administrator” in paragraphs (2) and (3) of subsection (a); (2) striking out “recommendations” and inserting in lieu thereof “recommendation” in subsection (a) (4); (3) inserting “or whose appointment or reappointment, is extended” after “reappointed” in subsection (b) (3) ; and (4) inserting “or for any period not exceeding two years” in subsection (c) before the period at the end of the second sentence, (e) Subsection (a)(6) (as redesignated by section 110(4) of this Act) of section 4105 of title 38, United States Code, is amended by inserting “hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Administrator and” before “be”. (f) Subsection (b) of section 4108 is amended by striking out “pursuant to” after “agreement” and inserting in lieu thereof “as referred to in”. (g) Subsection (b) (2) of section 4114 is amended to read as follows: (2) For the purposes of this title, the term ‘internship’ shall “Internship.” include the equivalency of an internship as determined in accordance with regulations which the Administrator shall prescribe, and the term ‘intern’ shall mean a person serving an internship.”. “Intern.” Sec. 206. Chapter 81 of title 38, United States Code, is amended as follows: (a) Section 5001 is amended by— (1) striking out “and exclusive” in the first sentence of subsection (a) (2), and striking out “tuberculosis” and inserting in lieu thereof “tuberculous” in such sentence; and (2) striking out “and exclusive” in the first sentence of subsection (a)(3). (b) Subchapter III of such chapter is amended by striking out “war” each time it appears in paragraph (a) of section 5031, section 5032, paragraph (1) of section 5034, paragraphs (4) of subsections (a) and (b) of section 5035, and section 5036. (c) Section 5053 is amended by— (1) striking out “paragraphs” and inserting in lieu thereof “clauses” in the first sentence of subsection (a); and (2) inserting “health care” after “Veterans’ Administration” each place it appears in clauses (1) and (2) of subsection (a) and in subsection (c). (d) Subsection (b) of section 5054 is amended by inserting “the” before “surrounding medical community” the second place it appears. (e) The second sentence of subsection (a) of section 5055 is amended by striking out “for Research and Education in Medicine” and inserting in lieu thereof “charged with administration of the Department of Medicine and Surgery medical research program”. Sec. 207. Subchapter II of chapter 82 of title 38, United States Code, is amended by striking out “subchapter IV of chapter 81 of” in 38 USC 5083. subsection (a) of section 5083. Sec. 208. Chapter 85 of title 38, United States Code, is amended as follows: (a) The first, sentence of subsection (b) of section 5202 is amended by inserting “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),” in the first sentence. (b) Subsection (a) of section 5220 is amended by inserting a comma and “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran)”. (c) Section 5221 is amended by inserting a comma and “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admit ted as such)”. Sec. 209. (a) Subchapter I of chapter 73 of title 38, United States Code, is amended as follows: (1) Subsection (b) of section 4101, clause (1) of section 4104, subsection (b) of section 4105, subsection (f) of section 4106, subsection (f) of section 4107, the language preceding clause (1) in subsection (a) and clause (6) (B) in subsection (a) of section 4108, and section 4117, are each amended by striking out “physicians’ ” and inserting in lieu thereof “physician”. (2) Clause (1) of section 4104, clause (8) of subsection (a) and subsection (b) of section 4105, subsection (f) of section 4107, and the language preceding clause (1) in subsection (a) and subclause (B) of clause (6) of subsection (a) of section 4108 are each amended by striking out “expanded-duty” each place it appears and inserting in lieu thereof “expanded-function”. (3) Subsection (b) of section 4101 is further amended by striking out “dentists’ assistants” and inserting in lieu thereof “expanded-function dental auxiliaries”. (4) Clause (8) of subsection (a) of section 4105 is further amended by striking out “Physicians’ ” and inserting in lieu thereof “Physician”. (5) Section 4113 is amended by striking out “and nurses” and inserting in lieu thereof “nurses, physician assistants, and expanded-function dental auxiliaries”. (6) Section 4114 is amended by— (A) inserting “physician assistants, expanded-function dental auxiliaries,” after “nurses,” in clauses (A) and (B) of subsection (a)(1); (B) striking out “and nurses” and inserting in lieu thereof “nurses, physician assistants, and expanded-function dental auxiliaries” in the first sentence of subsection (a) (3) (A): (C) striking out “nurses and interns, and” and inserting in lieu thereof “nurses, physician assistants, expanded-function dental auxiliaries, and interns.” in subsection (a) (3) (B) ; and (D) striking out “dentist’s assistant” and inserting in lieu thereof “expanded-function dental auxiliary” in the first sentence of subsection (e) . (7) Subsection (a) of section 4116 is amended by striking out 38 USC 4116. “physicians’ assistant, dentists’ assistant” each time those terms appear and inserting in lieu thereof “physician assistant, expanded-function dental auxiliary”. (8) Section 4117 is amended by striking out “dentists’ assistants” and inserting in lieu thereof “expanded-function dental auxiliaries”. (b) Subchapter I of chapter 73 of title 38, United States Code, is further amended as follows: (1) Section 4106 is amended by— (A) inserting “rate of basic” after “minimum” in the second sentence of subsection (c); and (B) striking out “level and salary” and “and salary” and inserting in lien thereof “and annual rate of basic pay” each place those words appear in subsection (e). (2) Section 4107 is amended by— (A) striking out “per annum full-pay scale or ranges” and inserting in lien thereof “annual rates or ranges of rates of basic pay” in subsection (a) ; (B) striking out “per annum full-pay ranges” and inserting in lieu thereof “annual ranges of rates of basic pay” in the first sentence of subsection (b)(1); (C) inserting “facility” after “domiciliary” each place it appears in subsection (c); and (D) amending subsection (e) by— (i) striking out “basic compensation” and inserting in lieu thereof “rate of basic pay” in paragraph (1); (ii) striking out “basic hourly rate” and “basic hourly rate of pay” and inserting in lieu thereof “hourly rate of basic pay” in paragraphs (2), (3), (5), (6), and (7) ; (iii) striking out “compensation” each time it appears in paragraphs (1), (2), (3), (6), and (9) and inserting in lieu thereof “pay” (iv) amending the first sentence of paragraph (4) to read as follows: “A nurse performing service on a holiday designated by Federal statute or Executive order shall receive for each hour of such service the nurse’s hourly rate of basic pay, plus additional pay at a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service.”; and (v) striking out “compensated” and inserting in lieu thereof “paid” in paragraph (8), (3) Subsection (a) of section 4112 is amended by striking out “compensation” and inserting in lieu thereof “pay” in the last sentence of such subsection. (c) Chapter 73 of title 38, United States Code, is further amended as follows: (1) Section 4103 is amended by— (A) striking out “individuals” and inserting in lieu thereof “persons” in the second sentence of subsection (a) (4); (B) striking out “and employees” in subsection (a)(8); and (C) striking out “An individual” and inserting in lieu thereof “A person” in the third sentence of subsection (c). (2) Subsection (a) of section 4105 is amended by striking out “employees” and inserting in lieu thereof “personnel” in clause (7). (3) Section 4107 is amended by— (A) striking out “individual” and inserting in lieu thereof “person” in the first sentence of subsection (c); (B) striking out “employee’s” and inserting in lieu thereof “nurse’s”, and striking out “work” end inserting in lieu thereof “service”, in paragraph (2) of subsection (e): and (C) striking out “duty” and inserting in lieu thereof “service” in paragraph (7) of subsection (e). (4) Clause (1) of subsection (a) of section 4108 is amended by striking out “individual” and inserting in lieu thereof “person”. (5) Section 4113 is amended by— (A) striking out “of employees” and inserting in lieu thereof a comma and “of persons”; and (B) striking out “paragraph (1) of section 4104” and inserting in lieu thereof “section 4104(1)”. (6) Subsection (d)(2) of section 4114 is amended by striking out “individual” and inserting in lieu thereof “person”. (7) Subsection (b) of section 4122 is amended by striking out “individuals” each time it appears and inserting in lieu thereof “persons”. Sec. 210. (a) Chapter 17 of title 38, United States Code, is amended as follows: (1) Section Bit) is amended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of subsection (a); (B) striking out “he” and inserting in lien thereof “such veteran” in subsections (a) (1) (B), (b) (2), and (c); and (C) striking out “he” and inserting in lieu thereof “such person” in subsection (b) (1). (2) Section 611 is amended by— (A) striking out “him” and inserting in lieu thereof “the Administrator” in subsection (a); and (B) striking out “lie” and “him” each place those words appear in subsection (b) and inserting in lieu thereof “the Administrator”; (3) Section 612 is amended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of subsection (a); (B) striking out “him” and “he” each place those words appear in subsection (d) and inserting in lieu thereof “the Administrator”; (C) striking out “he” and inserting in lieu thereof “the Administrator” in subsection (g); and (D) striking out “his” each place it appears in the second sentence of subsection (h) and inserting in lieu thereof “such veteran’s”. (4) Section 613 is amended by— (A) striking out “he” and inserting in lieu thereof “the Secretary” in subsection (b) (1); and (B) striking out “he” each place it appears and inserting in lien thereof “the Administrator” in subsection (b)(2). (5) Section 614 is amended by— (A) striking out “his” and inserting in lieu thereof “such veteran’s” in subsection (a); and (B) striking out “he” in subsection (b). (6) Section 619 is amended by striking out “him” and inserting in lieu thereof “such veteran”. (7) The first sentence of subsection (b) of section 620 is amended 38 USC 620. by striking out “he” and inserting in lien thereof “the Administrator”. (8) Paragraphs (1) and (3) of section 621 are amended by striking out “he” each place it appears and inserting in lieu thereof “the Administrator”. (9) Subsection (b) of section 622 is amended by striking out “his” and inserting in lieu thereof “such veteran’s”. (10) Section 623 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (11) The first sentence of subsection (c) of section 624 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (12) Section 626 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (13) Subsection (a) of section 628 is a mended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of such subsection; and (B) striking out “his” and inserting in lieu thereof “such veteran’s” in paragraph (2) (D) (ii) of such subsection. (14) The second sentence of subsection (d) of section 632 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (15) Section 633 is amended by striking out “he” and inserting in lieu thereof “the President”, and by striking out “his”. (16) Subsection (a) of section 642 is amended by striking out “he” and inserting in lieu thereof “the Administrator” (b) Section 3301 of title 38, United States Code, is amended by— (1) striking out “his” and inserting “of a claimant” after “representative” in subsection (b) (1) , and striking out “himself” and inserting in lieu thereof “the claimant” in such subsection; (2) striking out “in his” and inserting in lieu thereof “as a matter of” in subsection (d); and (3) striking out “his” and inserting in lieu thereof “the Administrator’s” in subsection (e). (c) Chapter 73 of title 38, United States Code, is amended as follows: (1) Section 4101 is amended by— (A) striking out “servicemen” and inserting in lieu thereof “members of the armed forces” in subsection (b); and (B) striking out “his” and “he” and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively, in subsection (d) (2) (as redesignated by section 205(a) (3) of this Act). (2) Section 4103 is amended by— (A) striking out the period at the end of the first sentence and inserting in lieu thereof a comma, and striking out “He” in the second sentence and inserting in lieu thereof “and who”, in paragraphs (1), (2), and (3) of subsection (a); and (B) striking out “his” and “he” and inserting in lieu thereof “such person’s” and “such person”, respectively, in the third sentence of subsection (c). (3) Section 4104 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (4) Section 4107 is amended by— (A) striking out “lie” each place it appears in subsection (b)(2) and inserting in lieu thereof “such person” ; and (B) striking out “he” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in subsection (c). (5) Subsection (a) of section 4108 is amended by— (A) striking out “his” and inserting in lieu thereof “such person’s” in clause (2) ; (B) striking out “him” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in clause (3) ; (C) striking out “him” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in clause (4) ; (D) striking out “his” each place it appears and “him” in clause (5) and inserting in lieu thereof “such person’s” and “such person”, respectively ; and (E) striking out “his” each place it appears and inserting in thereof “such person’s” in clause (6). (6) The first sentence of subsection (b) of section 4112 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (7) Section 4114 is amended by— (A) striking out “he” each place it appears in the third and fifth sentences in subsection (b)(3) and inserting in lieu thereof “such recipient” ; (B) striking out “he” and “his” each place those words appear in the last sentence of subsection (b)(3) and inserting in lieu thereof “such person” and “such person’s”, respectively; (C) striking out “he” and inserting in lieu thereof “the person” in subsection (d)(1); and (D) striking out “his” and “he” and inserting in lieu thereof “such person’s” and “the person”, respectively, in subsection (d)(2)-“ (8) Section 4116 is amended by— (A) striking out “his” each place it appears in subsection (a) and inserting in lieu thereof “such person’s” ; (B) striking out “his” and “him” and inserting in lieu thereof “such person’s” and “such person”, respectively, in subsection (b) ; (C) striking out “his” each place it appears in subsection (c) and inserting in lieu thereof “such person’s” ; and (D) striking out “lie” and “his” each place those words appear in subsection (e) and inserting in lieu thereof “the Administrator” and “such person’s”, (9) Subsection (a) of section 4121 is amended by striking out “his” and “he” each place those words appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively. (10) Section 4122 is amended by striking out “he” and inserting in lieu thereof “the Chief Medical Director” in subsections (b) and (c). (d) Chapter 75 of title 38, United States Code is amended by striking out “he” each place it appears in clauses (3), (9), (10), and (11) of section 4202 and inserting in lieu thereof “the Administrator”. (e) Chapter 81 of title 38, United States Code, is amended as follows: (1) Subsection (b) of section 5001 is amended by striking out “him” and “his” and inserting in lieu thereof “the Administrator” and “the Chief Medical Director’s”, respectively. (2) Section 5002 is amended by— 38 USC 5002. (A) striking out “be” each place it appears and inserting in lieu thereof “the President”; and (B) striking out “his opinion” and inserting in lieu thereof “the opinion of the President such is”. (3) Paragraphs (2) and (3) of subsection (b) of section 5004 are amended by striking out “he” and inserting in lieu thereof “the Administrator”. (4) The second sentence of section 5005 is amended by striking out “He” and inserting in lieu thereof “The President”. (5) The first sentence of section 5007 is amended by striking out “his” and inserting in lieu thereof “the Administrator’s” (6) Subsection (c) of section 5011 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (7) Section 5012 is amended by— (A) striking out “his” in the first and fourth sentences of subsection (a) and inserting in lieu thereof “the Administrator’s”; (B) striking out “he” and inserting in lieu thereof “the Administrator” in subsection (b) ; and (C) striking out “him” and inserting in lieu thereof “the Administrator” in subsection (c). (8) Section 5013 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (9) Section 5014 is amended by— (A) striking out “he” each place it appears in the first and fourth sentences and inserting in lieu thereof “the Administrator”; and (B) striking out “his” in the first sentence and inserting in lieu thereof “the Administrator’s”. (10) Subsection (b) of section 5035 is amended by striking out “he” and inserting in lieu thereof “the ”. (11) The first sentence of subsection (a) of section 5053 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (12) The second sentence of subsection (b) of section 5054 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (13) The first sentence of subsection (a) of section 5055 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (f) Chapter 82 of title 38, United States Code, is amended as follows: (1) The second sentence of subsection (f) (as redesignated by section 116(1) of this Act) of section 5070 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (2) Section 5071 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (3) Section 5073 is amended by— (A) striking out “he” each place it appears in subsection (b) and inserting in lieu thereof “the Administrator”: and (B) striking out “he” each place it appears in subsection (c) and inserting in lieu thereof “the Administrator”. (4) Subsection (b) of section 5083 is amended by striking out “his” in the language preceding clause (1) and in clause (4) and inserting in lieu thereof “the Administrator’s”. (5) Subsection (b) of section 5093 is amended by striking out “bis” in the language preceding clause (1) and in clause (4) and inserting in lieu thereof “the Administrator’s”. (6) Section 5096 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. Sec. 211. Except as otherwise provided in this Act, the amendments made by this Act to title 38, United States Code, shall take effect on October 1, 1976, or on the date of enactment, whichever is later.

3. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 title II § 201(d) · 93 Stat. 1092

   Substituted · 38 U.S.C. § 1728(a)

   Pub. L. 96–151 substituted provisions relating to travel and incidental expenses for provisions relating to necessary travel

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–151 substituted provisions relating to travel and incidental expenses for provisions relating to necessary travel.

   Enacted provision · exact public law section
   (d) Section 628(a) is amended by striking out “the necessary travel” 38 USC 628. and inserting in lieu thereof “travel and incidental expenses under the terms and conditions set forth in section 111 of this title”.

4. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 title II § 202(a) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 1728(a)(2)(D)

   Pub. L. 101–237 substituted “(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”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 101–237 substituted “(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”.

   Enacted provision · exact public law section
   (a) In General.— Section 628(a)(2)(D) is amended by striking out “found to be” and all that follows through “rehabilitation training and” and inserting in lieu thereof “(i) a participant in a vocational rehabilitation program (as defined in section 1501(9) of this title), and (ii)”.

   Effective date note
   Pub. L. 101–237, title II, § 202(b), Dec. 18, 1989, 103 Stat. 2067, provided 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].”

5. 1991

   Pub. L. 102–54 § 14(b)(14) · 105 Stat. 267

   Substituted · 38 U.S.C. § 1728(a)(2)(D)

   Pub. L. 102–54 substituted “(i) is” for “is (i)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54 substituted “(i) is” for “is (i)”.

   Enacted provision · exact public law section
   (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”.

6. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1728

   Pub. L. 102–83, § 5(a), renumbered section 628 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 628 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

7. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1728(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

8. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1728(a)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (3).

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

9. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1728(a)(2)(D)

   Pub. L. 102–83, § 5(c)(1), substituted “3101(9)” for “1501(9)”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 102–83, § 5(c)(1), substituted “3101(9)” for “1501(9)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

10. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1728(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 402(b)(1) · 122 Stat. 4110

    1. Added · 38 U.S.C. § 1728(a)

       Pub. L. 110–387, § 402(b)(1), added subsec. (a)

    2. Struck · 38 U.S.C. § 1728(a)

       Pub. L. 110–387, § 402(b)(1), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following new subsection (a): “(a) The Regulations. 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.” ;

12. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 402(b)(2) · 122 Stat. 4110

    Substituted · 38 U.S.C. § 1728(b)

    Pub. L. 110–387, § 402(b)(2), substituted “emergency treatment” for “care or services” in introductory provisions and in par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–387, § 402(b)(2), substituted “emergency treatment” for “care or services” in introductory provisions and in par. (1).

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “care or services” both places it appears and inserting “emergency treatment”; and

13. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 402(b)(3) · 122 Stat. 4110

    Added · 38 U.S.C. § 1728(c)

    Pub. L. 110–387, § 402(b)(3), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–387, § 402(b)(3), added subsec. (c).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subsection: “(c) In this section, the term ‘emergency treatment’ has the meaning given such term in section 1725(f)(1) of this title.” .

14. 2022

    Department of Transportation Appropriations Act, 2023

    Pub. L. 117–328 div. U title I § 142(b) · 136 Stat. 4459

    1. Added · 38 U.S.C. § 1728(c); 38 U.S.C. § 1728(d)

       Pub. L. 117–328 added subsec. (c)

    2. Redesignated · 38 U.S.C. § 1728(c); 38 U.S.C. § 1728(d)

       Pub. L. 117–328 redesignated former subsec. (c) as (d)

    3. Substituted · 38 U.S.C. § 1728(c); 38 U.S.C. § 1728(d)

       Pub. L. 117–328 substituted “section 1725(h)(1)” for “section 1725(f)(1)”

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 117–328 added subsec. (c), redesignated former subsec. (c) as (d) and substituted “section 1725(h)(1)” for “section 1725(f)(1)”.

    Enacted provision · exact public law section
    Sec. 142. None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code.

15. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 3(e)(3)(B)(i) · 136 Stat. 6121

    Substituted · 38 U.S.C. § 1728(a)(4)(A)

    Pub. L. 117–333 substituted “section 3101 of” for “section 3101(9) of”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 117–333 substituted “section 3101 of” for “section 3101(9) of”.

    Enacted provision · exact public law section
    (i) in section 1728(a)(4)(A), by striking “section 3101(9) of” and inserting “section 3101 of”; and

17 of 20 references resolved to an enrolled provision · 3 partial