38 U.S.C. § 1724

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1724 - Hospital care, medical services, and nursing home care abroad

(a) Except as provided in subsections (b), (c), and (f), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State.

(b)

(1) The Secretary may furnish hospital care and medical services outside a State to a veteran who is otherwise eligible to receive hospital care and medical services if the Secretary determines that such care and services are needed for the treatment of a service-connected disability of the veteran or as part of a rehabilitation program under chapter 31 of this title.

(2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this subsection only-

(A) if the veteran is in the Republic of the Philippines or in Canada; or

(B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services.

(c) Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Secretary may contract, the Secretary may furnish necessary hospital care to a veteran for any non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital care. The Secretary may enter into contracts to carry out this section.

(d) The Secretary may furnish nursing home care, on the same terms and conditions set forth in section 1720(a) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who requires a protracted period of nursing home care.

(e) Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Secretary may furnish a veteran who has a service-connected disability with such medical services as the Secretary determines to be needed.

(f)

(1)

(A) The Secretary may furnish hospital care and medical services in the Freely Associated States, subject to agreements the Secretary shall enter into with the governments of the Freely Associated States as described in section 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services.

(B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Freely Associated States.

(2) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through-

(A) contracts or other agreements;

(B) reimbursement; or

(C) the direct provision of care by health care personnel of the Department.

(3) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condition is connected to the service of the veteran in the Armed Forces.

(4)

(A) A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical services in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection.

(B) If the Secretary determines it is no longer advisable or practicable to allow veterans described in subparagraph (A) to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall-

(i) provide direct notice of that determination to such veterans; and

(ii) publish that determination and the reasons for that determination in the Federal Register.

(5) In this subsection, the term "Freely Associated States" means-

(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99-239; 48 U.S.C. 1901 note);

(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99-239; 48 U.S.C. 1901 note); and

(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and the Government of Palau, and for other purposes" (Public Law 99-658; 48 U.S.C. 1931 note).

38 U.S.C. § 1724

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, §624; Pub. L. 86-152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86-624, §25(a), July 12, 1960, 74 Stat. 418; Pub. L. 87-815, §4, Oct. 15, 1962, 76 Stat. 927; Pub. L. 93-82, title I, §108, Aug. 2, 1973, 87 Stat. 186; Pub. L. 94-581, title II, §§202(l), title II, 210 (a)(11), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 95-520, §3(a), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97-72, title I, §107(a), Nov. 3, 1981, 95 Stat. 1051; Pub. L. 97-295, §4 (20), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 100-322, title I, §105, May 20, 1988, 102 Stat. 493; renumbered §1724 and amended Pub. L. 102-83, §§4(b)(1), (2) (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 106-377, §1(a)(1) [title V, §501(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A-58; Pub. L. 118-42, div. G, title II, §209(a)(2), Mar. 9, 2024, 138 Stat. 438.

EDITORIAL NOTES

REFERENCES IN TEXTSection 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, referred to in subsec. (f)(1)(A), is classified to section 1988(a)(4)(A) of Title 48, Territories and Insular Possessions.

PRIOR PROVISIONSPrior section 1724 was renumbered section 3524 of this title.Prior section 1725, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, related to period of operation for approval by Administrator, prior to repeal by Pub. L. 92-540, title IV, §402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this title.

AMENDMENTS2024-Subsec. (a). Pub. L. 118-42, §209(a)(2)(A), substituted "subsections (b), (c), and (f)" for "subsections (b) and (c)".Subsec. (f). Pub. L. 118-42, §209(a)(2)(B), added susbec. (f).2000-Subsec. (e). Pub. L. 106-377 added subsec. (e).1991- Pub. L. 102-83, §5(a), renumbered section 624 of this title as this section. Pub. L. 102-83, §4(b)(1), (2) (E), substituted "Secretary" for "Administrator" wherever appearing.Subsec. (d). Pub. L. 102-83, §5(c)(1), substituted "1720(a)" for "620(a)". 1988-Subsec. (b). Pub. L. 100-322 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Administrator may furnish necessary hospital care and medical services to any otherwise eligible veteran for any service-connected disability if the veteran (1) is a citizen of the United States sojourning or residing abroad, or (2) is in the Republic of the Philippines." 1982- Pub. L. 97-295 substituted "Hospital care, medical services, and nursing home care abroad" for "Hospital care and medical services abroad" in section catchline, without regard to a prior amendment by Pub. L. 93-82 which had substituted "Hospital care, medical services and nursing home care abroad" for "Hospital care and medical services abroad". See 1973 Amendment note below. 1981-Subsec. (d). Pub. L. 97-72 struck out "and at the same rate as specified in section 632(a)(4) of this title" after "on the same terms and conditions set forth in section 620(a) of this title". 1978-Subsec. (c). Pub. L. 95-520 substituted "Veterans Memorial Medical Center" for "Veterans Memorial Hospital". 1976-Subsec. (c). Pub. L. 94-581 substituted "the Administrator may furnish" for "he may furnish" and "hospital care to a veteran for any" for "hospital care to a veteran of any war for any". 1973- Pub. L. 93-82, §108(b), substituted "Hospital care, medical services and nursing home care abroad" for "Hospital care and medical services abroad" in section catchline. Subsec. (d). Pub. L. 93-82, §108(a), added subsec. (d). 1962-Subsec. (b). Pub. L. 87-815 struck out "temporarily" before "sojourning".1960-Subsec. (a). Pub. L. 86-624 substituted "outside any State" for "outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States".1959-Subsec. (b). Pub. L. 86-152 extended authority to provide hospital and medical care for veterans who are United States citizens temporarily residing abroad to include those with peacetime service-incurred disabilities.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581 set out as a note under section 111 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82 set out as a note under section 1701 of this title.