§ 1787. Health care of family members of veterans stationed at Camp Lejeune, North Carolina

Statutory text

In General.—

Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.

Limitations.—

The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.

Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.

The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(h) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).

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.

2012
Janey Ensminger Act
Pub. L. 112–154 title I § 102(b)(1) · 126 Stat. 1165
Enacted · 38 U.S.C. § 1787
Added Pub. L. 112–154, title I, § 102(b)(1), Aug. 6, 2012, 126 Stat. 1168
Source evidence
Code source credit
Added Pub. L. 112–154, title I, § 102(b)(1), Aug. 6, 2012, 126 Stat. 1168
Enacted provision · exact public law section
(1) In general.— Subchapter VIII of chapter 17 is amended by adding at the end the following new section: “§ 1787. Health care of family members of veterans stationed at Camp Lejeune, North Carolina “(a) In General.— Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence. “(b) Limitations.— (1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. “(2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. “(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).” .
2022
Department of Transportation Appropriations Act, 2023
Pub. L. 117–328 div. U title I § 142(c)(5) · 136 Stat. 4459
Substituted · 38 U.S.C. § 1787(b)(3)
Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.
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.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

Prior section 1787 was renumbered section 3687 of this title.

Another prior section 1787, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, related to the submission of false or misleading statements by educational institutions, persons or veterans, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title.

Prior section 1788 was renumbered section 3688 of this title.

Another prior section 1788 was renumbered section 3692 of this title.

Prior section 1789 was renumbered section 3689 of this title.

Another prior section 1789, which required the Administrator not to approve of enrollments in courses in institutions listed by the Attorney General under section 12 of Ex. Ord. No. 10450, was renumbered section 1793 of this title.

Prior section 1790 was renumbered section 3690 of this title.

Another prior section 1790 was renumbered section 3694 of this title.

Prior section 1791 was renumbered section 3691 of this title.

Another prior section 1791 was renumbered section 3695 of this title.

Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively.

Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Administrator not to approve of enrollment in any course in an institution listed by the Attorney General under section 12 of Executive Order 10450, prior to repeal by section 511(1) of Pub. L. 94–502.

Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed.

Amendments

2022—Subsec. (b)(3). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 6, 2012, and applicable with respect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title.

Credits

2012–2022 · 2 acts

2012Added Pub. L. 112–154, title I, § 102(b)(1), Aug. 6, 2012, 126 Stat. 1168
2022amended Pub. L. 117–328, div. U, title I, § 142(c)(5), Dec. 29, 2022, 136 Stat. 5424.

Show as published

(Added Pub. L. 112–154, title I, § 102(b)(1), Aug. 6, 2012, 126 Stat. 1168; amended Pub. L. 117–328, div. U, title I, § 142(c)(5), Dec. 29, 2022, 136 Stat. 5424.)