§ 5501A. Beneficiaries’ rights in mental competence determinations

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. 2016

   Helping Families in Mental Health Crisis Reform Act of 2016

   Pub. L. 114–255 div. B title XIV § 14017(a) · 130 Stat. 1033

   Enacted · 38 U.S.C. § 5501A

   (Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)

   Source evidence

   Code source credit
   (Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)

   Enacted provision · exact public law section
   (a) In General.— Chapter 55 of title 38, United States Code, is amended by inserting after section 5501 the following new section: “§ 5501A. Beneficiaries’ rights in mental competence determinations   “The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency: “(1) Notice of the proposed adverse determination and the supporting evidence. “(2) An opportunity to request a hearing. “(3) An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title. “(4) An opportunity to be represented at no expense to the Government (including by counsel) at any such hearing and to bring a medical professional or other person to provide relevant testimony at any such hearing.” .

1 of 1 references resolved to an enrolled provision