§ 1785. Care and services during certain disasters and emergencies

Footnotes

1. 1 See References in Text note below.

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. 2002

   Department of Veterans Affairs Emergency Preparedness Act of 2002

   Pub. L. 107–287 § 4(a)(1) · 116 Stat. 2024

   Enacted · 38 U.S.C. § 1785

   Added Pub. L. 107–287, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2028

   Source evidence

   Code source credit
   Added Pub. L. 107–287, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2028

   Enacted provision · exact public law section
   (1) Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: “§ 1785. Care and services during certain disasters and emergencies “(a) Authority To Provide Hospital Care and Medical Services.— During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency. “(b) Covered Disasters and Emergencies.— A disaster or emergency referred to in this subsection is any disaster or emergency as follows: “(1) A major disaster or emergency declared by the President under the Robert B. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). “(2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by the Secretary of Health and Human Services under paragraph (3)(A) of that section or as otherwise authorized by law. “(c) Applicability to Eligible Individuals Who Are Veterans.— The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under section 1705 of this title. “(d) Reimbursement From Other Federal Departments and Agencies.— (1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such department or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service furnished. “(2) Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under section 1729A of this title. “(e) Report to Congressional Committees.— Within 60 days of the commencement of a disaster or emergency referred to in subsection (b) in which the Secretary furnishes care and services under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to furnish such care and services. Deadline. “(f) Regulations.— The Secretary shall prescribe regulations governing the exercise of the authority of the Secretary under this section.”.

2. 2006

   Pub. L. 109–444 § 8(a)(2) · 120 Stat. 3304

   Substituted · 38 U.S.C. § 1785(b)(1)

   Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

   Enacted provision · exact public law section
   (2) Citation correction.— Section 1785(b)(1) is amended by striking “Robert B.” and inserting “Robert T.”.

3. 2006

   Veterans Benefits, Health Care, and Information Technology Act of 2006

   Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

   Changed · 38 U.S.C. § 1785(b)(1)

   Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

   Enacted provision · exact public law section
   (b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.

4. 2006

   Veterans Benefits, Health Care, and Information Technology Act of 2006

   Pub. L. 109–461 § 1004(a)(2) · 120 Stat. 3403

   Substituted · 38 U.S.C. § 1785(b)(1)

   Pub. L. 109–461, § 1004(a)(2), substituted “Robert T.” for “Robert B.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–461, § 1004(a)(2), substituted “Robert T.” for “Robert B.”.

   Enacted provision · exact public law section
   (2) Citation correction.— Section 1785(b)(1) is amended by striking “Robert B.” and inserting “Robert T.”.

5. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 title X § 1001(c)(2) · 124 Stat. 2864

   1. Substituted · 38 U.S.C. § 1785(b)(2)

      Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))”

   2. Struck · 38 U.S.C. § 1785(b)(2)

      Pub. L. 111–275 struck out “paragraph (3)(A) of” before “that section”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and struck out “paragraph (3)(A) of” before “that section”.

   Enacted provision · exact public law section
   (2) In section 1785— (A) by striking “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and inserting “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)”; and (B) by striking “paragraph (3)(A) of”.

6 of 6 references resolved to an enrolled provision