38 U.S. Code § 1710 - Eligibility for hospital, nursing home, and domiciliary care

Section 491 of title 14, referred to in subsec. (a)(2)(D), was redesignated section 2732 of title 14 by Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226, and references to section 491 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Section 3 of the Agent Orange Act of 1991, referred to in subsec. (e)(2)(A)(ii), is section 3 of Pub. L. 102–4, which is set out as a note under section 1116 of this title.

The text of subsec. (f) of section 1712 of this title, which was transferred to this section, redesignated subsec. (g), and amended by Pub. L. 104–262, § 101(b)(2), was based on Pub. L. 86–639, § 1, July 12, 1960, 74 Stat. 472; Pub. L. 91–102, Oct. 30, 1969, 83 Stat. 168; Pub. L. 93–82, title I, § 103(a), Aug. 2, 1973, 87 Stat. 180; Pub. L. 94–581, title I, § 103(a)(3)–(7), title II, § 202(f)(2), Oct. 21, 1976, 90 Stat. 2844, 2856; Pub. L. 96–22, title I, § 102(b), June 13, 1979, 93 Stat. 47; Pub. L. 97–37, § 5(b), Aug. 14, 1981, 95 Stat. 937; Pub. L. 97–72, title I, § 103(b)(2), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 97–295, § 4(17)(C), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–166, title I, § 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99–272, title XIX, § 19011(b)(2), Apr. 7, 1986, 100 Stat. 375; Pub. L. 99–576, title II, §§ 202(1), 237(b)(2), Oct. 28, 1986, 100 Stat. 3254, 3267; Pub. L. 100–322, title I, § 101(e)(1), May 20, 1988, 102 Stat. 491; Pub. L. 101–508, title VIII, § 8013(b), Nov. 5, 1990, 104 Stat. 1388–346; Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406.

A prior section 1710 was renumbered section 3510 of this title.

2024—Subsec. (f)(2)(B). Pub. L. 118–83 substituted “September 30, 2025” for “September 30, 2024”.

2022—Subsec. (a)(2)(E). Pub. L. 117–328 designated existing provisions as introductory provisions, substituted “of—” for “of the Mexican border period or of World War I;”, and added cls. (i) to (iii).

Subsec. (a)(2)(F). Pub. L. 117–168, § 102(a), substituted “who is a toxic-exposed veteran, in accordance with subsection (e)” for “who was exposed to a toxic substance, radiation, or other conditions, as provided in subsection (e)”.

Subsec. (e)(1)(D). Pub. L. 117–168, § 111(b), inserted “(including any veteran who, in connection with service during such period, received the Armed Forces Expeditionary Medal, Service Specific Expeditionary Medal, Combat Era Specific Expeditionary Medal, Campaign Specific Medal, or any other combat theater award established by a Federal statute or an Executive order)” after “Persian Gulf War”.

Subsec. (e)(1)(G) to (I). Pub. L. 117–168, § 103(a)(1)(A), added subpars. (G) to (I).

Subsec. (e)(2)(B). Pub. L. 117–168, § 103(a)(1)(B), substituted “(F), (G), (H), or (I)” for “or (F)” and “service, testing, or activity” for “service or testing”.

Subsec. (e)(3)(A). Pub. L. 117–168, § 111(a)(1), substituted “September 11, 2001” for “January 27, 2003” and “10-year period” for “five-year period”.

Subsec. (e)(3)(B). Pub. L. 117–168, § 111(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, air, or space service after January 1, 2009, and before January 1, 2011, but did not enroll to receive such hospital care, medical services, or nursing home care pursuant to such paragraph during the five-year period described in subparagraph (A), the one-year period beginning on the date of the enactment of the Clay Hunt Suicide Prevention for American Veterans Act.”

Subsec. (e)(3)(C). Pub. L. 117–168, § 111(a)(3), struck out subpar. (C) which read as follows: “With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, air, or space service on or before January 27, 2003, and did not enroll in the patient enrollment system under section 1705 of this title on or before such date, the three-year period beginning on January 27, 2008.”

Subsec. (e)(4)(A). Pub. L. 117–168, § 403(c), added subpar. (A) and struck out former subpar. (A) which read as follows: “The term ‘Vietnam-era herbicide-exposed veteran’ means a veteran (i) who served on active duty in the Republic of Vietnam (including offshore of such Republic as described in section 1116A(d) of this title) during the period beginning on January 9, 1962, and ending on May 7, 1975, and (ii) who the Secretary finds may have been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such period.”

Subsec. (e)(4)(C). Pub. L. 117–168, § 102(c), added subpar. (C).

Subsec. (e)(6). Pub. L. 117–168, § 103(a)(2), added par. (6).

Subsec. (f)(2)(B). Pub. L. 117–180 substituted “September 30, 2024” for “September 30, 2022”.

2021—Subsec. (a)(2)(B). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (e)(3). Pub. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) to (C).

2020—Subsec. (f)(2)(B). Pub. L. 116–159 substituted “September 30, 2022” for “September 30, 2020”.

2019—Subsec. (e)(4). Pub. L. 116–23 inserted “(including offshore of such Republic as described in section 1116A(d) of this title)” after “served on active duty in the Republic of Vietnam”.

2018—Subsec. (a)(2)(D). Pub. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”.

Subsec. (f)(2)(B). Pub. L. 115–251 substituted “September 30, 2020” for “September 30, 2019”.

2017—Subsec. (f)(2)(B). Pub. L. 115–62 substituted “September 30, 2019” for “September 30, 2017”.

2016—Subsec. (a)(2)(D). Pub. L. 114–315, § 603(b), inserted “, who was awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14,” after “war”.

Subsec. (e)(1)(F). Pub. L. 114–315, § 802(3), inserted comma after “1953” in introductory provisions.

Subsec. (f)(2)(B). Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016”.

Subsec. (g)(3). Pub. L. 114–198 and Pub. L. 114–223 amended par. (3) identically, substituting “with respect to the following:” for “with respect to home health services”, inserting subpar. (A) designation and “Home health services” before “under section 1717 of this title”, and adding subpar. (B).

2015—Subsec. (e)(1)(D). Pub. L. 114–58, § 601(4)(A), struck out “(as defined in section 1712A(a)(2)(B) of this title)” after “hostilities”.

Subsec. (e)(1)(F)(viii). Pub. L. 114–58, § 601(4)(B), substituted “Myelodysplastic” for “Myleodysplasic”.

Subsec. (e)(3). Pub. L. 114–2 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Hospital care, medical services, and nursing home care may not be provided under or by virtue of subsection (a)(2)(F) in the case of care for a veteran described in paragraph (1)(D) who—

“(A) is discharged or released from the active military, naval, or air service after the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years beginning on the date of such discharge or release; or

“(B) is so discharged or released more than five years before the date of the enactment of that Act and who did not enroll in the patient enrollment system under section 1705 of this title before such date, after a period of three years beginning on the date of the enactment of that Act.”

Subsec. (f)(2)(B). Pub. L. 114–58, § 101, substituted “September 30, 2016” for “September 30, 2015”.

2014—Subsec. (e)(1)(F). Pub. L. 113–235, § 243, substituted “August 1, 1953” for “January 1, 1957,” in introductory provisions.

Subsec. (f)(2)(B). Pub. L. 113–175 substituted “September 30, 2015” for “September 30, 2014”.

2013—Subsec. (f)(2)(B). Pub. L. 113–37 substituted “September 30, 2014” for “September 30, 2013”.

2012—Subsec. (e)(1)(F). Pub. L. 112–154, § 102(a)(1), added subpar. (F).

Subsec. (e)(2)(B). Pub. L. 112–154, § 102(a)(2), substituted “(E), or (F)” for “or (E)”.

Subsec. (f)(2)(B). Pub. L. 112–154, § 112, substituted “September 30, 2013” for “September 30, 2012”.

2010—Subsec. (e)(1)(C). Pub. L. 111–163, § 513(2), substituted “paragraph (2)” for “paragraphs (2) and (3)” and inserted “between August 2, 1990, and November 11, 1998,” after “on active duty”.

Subsec. (e)(3). Pub. L. 111–163, § 513(1), substituted “subsection (a)(2)(F)” for “subsection (a)(2)(F)—” in introductory provisions, struck out subpar. (C) designation before “in the case”, redesignated cls. (i) and (ii) of former subpar. (C) as subpars. (A) and (B), respectively, realigned margins, and struck out former subpars. (A) and (B), which read as follows:

“(A) in the case of care for a veteran described in paragraph (1)(A), after December 31, 2002;

“(B) in the case of care for a veteran described in paragraph (1)(C), after December 31, 2002; and”.

Subsec. (f)(2)(B). Pub. L. 111–163, § 517, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “before September 30, 2010, an amount equal to $10 for every day the veteran receives hospital care and $5 for every day the veteran receives nursing home care.”

2008—Subsec. (e)(1)(E). Pub. L. 110–387, § 803(b), substituted “paragraph (2)” for “paragraphs (2) and (3)”.

Subsec. (e)(3)(B). Pub. L. 110–387, § 803(a)(1), inserted “and” after the semicolon at end.

Subsec. (e)(3)(C). Pub. L. 110–387, § 803(a)(2), substituted a period at end for “; and”.

Pub. L. 110–181 amended subpar. (C) generally. Prior to amendment subpar. (C) read as follows: “in the case of care for a veteran described in paragraph (1)(D), after a period of 2 years beginning on the date of the veteran’s discharge or release from active military, naval, or air service; and”.

Subsec. (e)(3)(D). Pub. L. 110–387, § 803(a)(3), struck out subpar. (D) which read as follows: “in the case of care for a veteran described in paragraph (1)(E), after December 31, 2007”.

Subsec. (f)(1). Pub. L. 110–387, § 409(1), inserted “(except if such care constitutes hospice care)” after “nursing home care”.

Subsec. (f)(2)(B). Pub. L. 110–387, § 804(a), which directed substitution of “September 30, 2010” for “September 30, 2008”, was executed by making the substitution for “September 30, 2009” to reflect the probable intent of Congress and the amendment by Pub. L. 110–329. See below.

Pub. L. 110–329 substituted “September 30, 2009,” for “September 30, 2008,”.

Subsec. (g)(1). Pub. L. 110–387, § 409(2), inserted “(except if such care constitutes hospice care)” after “medical services”.

2007—Subsec. (f)(2)(B). Pub. L. 110–161 substituted “September 30, 2008,” for “September 30, 2007,”.

2006—Subsec. (a)(4). Pub. L. 109–461, § 211(a)(3)(B), struck out “and” before “the requirement in section 1710B of this title” and inserted “, and the requirement in section 1745 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes” after “a program of extended care services”.

Subsec. (e)(3)(D). 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.

Pub. L. 109–461, § 1003, substituted “December 31, 2007” for “December 31, 2005”.

Pub. L. 109–444, which substituted “December 31, 2007” for “December 31, 2005”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

2003—Subsec. (e)(1)(E). Pub. L. 108–170, § 102(1), added subpar. (E).

Subsec. (e)(2)(B). Pub. L. 108–170, § 102(2), substituted “subparagraph (C), (D), or (E) of paragraph (1)” for “paragraph (1)(C) or (1)(D)” and “service or testing described in such subparagraph” for “service described in that paragraph”.

Subsec. (e)(3)(D). Pub. L. 108–170, § 102(3), added subpar. (D).

2002—Subsec. (e)(1)(D). Pub. L. 107–330 substituted “November 11, 1998” for “the date of the enactment of this subparagraph”.

Subsec. (e)(3)(B). Pub. L. 107–135, § 211, substituted “December 31, 2002” for “December 31, 2001”.

Subsec. (f)(1). Pub. L. 107–135, § 202(b)(1), inserted “or (4)” after “paragraph (2)”.

Subsec. (f)(2)(B). Pub. L. 107–135, § 209(a), substituted “September 30, 2007” for “September 30, 2002”.

Subsec. (f)(4), (5). Pub. L. 107–135, § 202(b)(2), (3), added par. (4) and redesignated former par. (4) as (5).

2000—Subsec. (a)(4). Pub. L. 106–419 inserted “the requirement in section 1710A(a) of this title that the Secretary provide nursing home care,” after “medical services,” and struck out comma after “extended care services”.

1999—Subsec. (a)(1). Pub. L. 106–117, § 101(f)(1), struck out “, and may furnish nursing home care,” after “medical services” in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 106–117, § 101(f)(2), inserted “or, with respect to nursing home care during any period during which the provisions of section 1710A(a) of this title are in effect, a compensable service-connected disability rated less than 70 percent” after “50 percent”.

Subsec. (a)(2)(D). Pub. L. 106–117, § 112(1), inserted “or who was awarded the Purple Heart” after “former prisoner of war”.

Subsec. (a)(4). Pub. L. 106–117, § 101(f)(3), inserted “, and the requirement in section 1710B of this title that the Secretary provide a program of extended care services,” after “medical services”.

Subsec. (a)(5). Pub. L. 106–117, § 101(f)(4), added par. (5).

Subsec. (g)(1). Pub. L. 106–117, § 201(b)(1), substituted “in the case of each outpatient visit the applicable amount or amounts established by the Secretary by regulation” for “the amount determined under paragraph (2) of this subsection”.

Subsec. (g)(2). Pub. L. 106–117, § 201(b)(2), substituted “which the Secretary shall establish by regulation.” for “equal to 20 percent of the estimated average cost (during the calendar year in which the services are furnished) of an outpatient visit in a Department facility. Such estimated average cost shall be determined by the Secretary.”

1998—Subsec. (e)(1)(D). Pub. L. 105–368, § 102(a)(1), added subpar. (D).

Subsec. (e)(2)(A)(ii). Pub. L. 105–368, § 1005(b)(3), substituted “section 3” for “section 2”.

Subsec. (e)(2)(B). Pub. L. 105–368, § 102(a)(2), inserted “or (1)(D)” after “paragraph (1)(C)”.

Subsec. (e)(3)(A). Pub. L. 105–368, § 102(a)(3)(A), struck out “and” at end.

Subsec. (e)(3)(B). Pub. L. 105–368, § 102(a)(3)(B), substituted “December 31, 2001; and” for “December 31, 1998.”

Subsec. (e)(3)(C). Pub. L. 105–368, § 102(a)(3)(C), added subpar. (C).

Subsec. (e)(5). Pub. L. 105–368, § 102(a)(4), added par. (5).

1997—Subsec. (a)(2)(B). Pub. L. 105–114, § 402(a), struck out “compensable” before “disability”.

Subsec. (a)(2)(F). Pub. L. 105–114, § 209(a)(1), substituted “other conditions” for “environmental hazard”.

Subsec. (e)(1)(C). Pub. L. 105–114, § 209(a)(2), substituted “served” for “the Secretary finds may have been exposed while serving” and “associated with such service” for “associated with such exposure” and struck out “to a toxic substance or environmental hazard” after “Persian Gulf War”.

Subsec. (e)(2)(B). Pub. L. 105–114, § 209(a)(3), substituted “the service” for “an exposure”.

Subsec. (f)(2)(B). Pub. L. 105–33, § 8021(a)(1), inserted “before September 30, 2002,” after “(B)”.

Subsec. (f)(4), (5). Pub. L. 105–33, § 8023(b)(1), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “Amounts collected or received on behalf of the United States under this subsection shall be deposited in the Treasury as miscellaneous receipts.”

Subsec. (g)(4). Pub. L. 105–33, § 8023(b)(2), struck out par. (4) which read as follows: “Amounts collected or received by the Department under this subsection shall be deposited in the Treasury as miscellaneous receipts.”

1996—Subsec. (a). Pub. L. 104–262, § 101(a), amended subsec. (a) generally, revising and restating provisions in former pars. (1) to (3) relating to eligibility for care as pars. (1) to (4).

Subsec. (c)(1). Pub. L. 104–262, § 101(d)(2), substituted “section 1712(a)” for “section 1712(b)”.

Subsec. (e)(1)(A), (B). Pub. L. 104–262, § 102(a)(1), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) Subject to paragraphs (2) and (3) of this subsection, a veteran—

“(i) who served on active duty in the Republic of Vietnam during the Vietnam era, and

“(ii) who the Secretary finds may have been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used in connection with military purposes during such era,

is eligible for hospital care and nursing home care under subsection (a)(1)(G) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.

“(B) Subject to paragraphs (2) and (3) of this subsection, a veteran who the Secretary finds was exposed while serving on active duty to ionizing radiation from the detonation of a nuclear device in connection with such veteran’s participation in the test of such a device or with the American occupation of Hiroshima and Nagasaki, Japan, during the period beginning on September 11, 1945, and ending on July 1, 1946, is eligible for hospital care and nursing home care under subsection (a)(1)(G) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.”

Subsec. (e)(1)(C). Pub. L. 104–262, § 101(d)(3), substituted “hospital care, medical services, and nursing home care under subsection (a)(2)(F)” for “hospital care and nursing home care under subsection (a)(1)(G) of this section”.

Subsec. (e)(2). Pub. L. 104–262, § 102(a)(2), added par. (2) and struck out former par. (2) which read as follows: “Hospital and nursing home care may not be provided under subsection (a)(1)(G) of this section with respect to a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in subparagraph (A), (B), or (C) of paragraph (1) of this subsection.”

Subsec. (e)(3). Pub. L. 104–262, § 102(a)(2), added par. (3) and struck out former par. (3) which read as follows: “Hospital and nursing home care and medical services may not be provided under or by virtue of subsection (a)(1)(G) of this section after December 31, 1996.”

Pub. L. 104–110 substituted “after December 31, 1996” for “after June 30, 1995, or, in the case of care for a veteran described in paragraph (1)(C), after December 31, 1995”.

Subsec. (e)(4). Pub. L. 104–262, § 102(a)(2), added par. (4).

Subsec. (e)(4)(A). Pub. L. 104–275 substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975,” for “during the Vietnam era,” in cl. (i) and “such period” for “such era” in cl. (ii).

Subsec. (f)(1). Pub. L. 104–262, § 101(d)(4)(A), substituted “subsection (a)(3)” for “subsection (a)(2)”.

Subsec. (f)(3)(E). Pub. L. 104–262, § 101(d)(4)(B), substituted “paragraph (3) of subsection (a)” for “section 1712(a) of this title” and “subsection (g)” for “section 1712(f) of this title”.

Subsec. (f)(3)(F). Pub. L. 104–262, § 101(d)(4)(C), substituted “subsection (g)” for “section 1712(f) of this title”.

Subsec. (g). Pub. L. 104–262, § 101(b)(2), redesignated subsec. (f) of section 1712 of this title as subsec. (g) of this section and substituted “subsection (a)(3) of this section” for “section 1710(a)(2) of this title” in par. (1). See Codification note above.

Pub. L. 104–262, § 101(b)(1), redesignated subsec. (g) as (h).

Subsec. (h). Pub. L. 104–262, § 101(b)(1), redesignated subsec. (g) as (h).

1994—Subsec. (e)(3). Pub. L. 103–452 substituted “June 30, 1995” for “June 30, 1994” and “December 31, 1995” for “December 31, 1994”.

Subsec. (f)(3)(E). Pub. L. 103–446 substituted “section 1712(a)” for “section 1712(f)” and “section 1712(f)” for “section 1712(f)(4)”.

1993—Subsec. (a)(1)(G). Pub. L. 103–210, § 1(a)(1), substituted “substance, radiation, or environmental hazard” for “substance or radiation”.

Subsec. (e)(1)(C). Pub. L. 103–210, § 1(a)(2)(A), added subpar. (C).

Subsec. (e)(2). Pub. L. 103–210, § 1(a)(2)(B), substituted “subparagraph (A), (B), or (C)” for “subparagraph (A) or (B)”.

Subsec. (e)(3). Pub. L. 103–210, § 2(a), substituted “June 30, 1994” for “December 31, 1993”.

Pub. L. 103–210, § 1(a)(2)(C), inserted before period at end “, or, in the case of care for a veteran described in paragraph (1)(C), after December 31, 1994”.

1992—Subsec. (e)(2). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

1991—Pub. L. 102–83, § 5(a), renumbered section 610 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351” in subpar. (C) and “1722(a)” for “622(a)” in subpar. (I).

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

Subsec. (a)(1)(H). Pub. L. 102–54 substituted “the Mexican border period” for “the Spanish-American War, the Mexican border period,”.

Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “1703” for “603” and “1720” for “620”.

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

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

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (b)(2)(A). Pub. L. 102–83, § 5(c)(1), substituted “1503” for “503” and “1521(d)” for “521(d)”.

Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1712(b)” for “612(b)”.

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

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720” for “620”.

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

Subsec. (e)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in subpars. (A)(ii) and (B).

Subsec. (e)(3). Pub. L. 102–4 substituted “1993” for “1990”.

Subsec. (f)(3)(E), (F). Pub. L. 102–83, § 5(c)(1), substituted “1712(f)” for “612(f)” and “1712(f)(4)” for “612(f)(4)” in subpar. (E) and “1712(f)” for “612(f)” in subpar. (F).

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

1990—Subsec. (a)(1)(I). Pub. L. 101–508, § 8013(a)(1)(A), substituted “section 622(a)” for “section 622(a)(1)”.

Subsec. (a)(2). Pub. L. 101–508, § 8013(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows:

“(A) To the extent that resources and facilities are available, the Administrator may furnish hospital care and nursing home care which the Administrator determines is needed to a veteran for a non-service-connected disability if the veteran has an income level described in section 622(a)(2) of this title.

“(B) In the case of a veteran who is not described in paragraph (1) of this subsection or in subparagraph (A) of this paragraph, the Administrator may furnish hospital care and nursing home care which the Administrator determines is needed to the veteran for a non-service-connected disability—

“(i) to the extent that resources and facilities are otherwise available; and

“(ii) subject to the provisions of subsection (f) of this section.”

Subsec. (f)(1), (2). Pub. L. 101–508, § 8013(a)(2)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) The Administrator may not furnish hospital care or nursing home care under this section to a veteran who is eligible for such care by reason of subsection (a)(2)(B) of this section unless the veteran agrees to pay to the United States the applicable amount determined under paragraph (2) of this subsection.

“(2) A veteran who is furnished hospital care or nursing home care under this section and who is required under paragraph (1) of this subsection to agree to pay an amount to the United States in order to be furnished such care shall be liable to the United States for an amount equal to the lesser of—

“(A) the cost of furnishing such care, as determined by the Administrator; and

“(B) the amount determined under paragraph (3) of this subsection.”

Subsec. (f)(3)(A), (B). Pub. L. 101–508, § 8013(a)(2)(B), substituted “paragraph (2)(A)(ii)” for “paragraph (2)(B)”.

1988—Subsec. (b). Pub. L. 100–233 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Administrator, within the limits of Veterans’ Administration facilities, may furnish domiciliary care to—

“(1) a veteran who was discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or a person who is in receipt of disability compensation, when such person is suffering from a permanent disability or tuberculosis or neuropsychiatric ailment and is incapacitated from earning a living and has no adequate means of support; and

“(2) a veteran who is in need of domiciliary care if such veteran is unable to defray the expenses of necessary domiciliary care.”

Subsec. (e)(3). Pub. L. 100–687 substituted “December 31, 1990” for “September 30, 1989”.

1986—Subsec. (a). Pub. L. 99–576, § 237(a), inserted “who is in receipt of, or” after “veteran” in par. (1)(C).

Pub. L. 99–272, § 19011(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Administrator, within the limits of Veterans’ Administration facilities, may furnish hospital care or nursing home care which the Administrator determines is needed to—

“(1)(A) any veteran for a service-connected disability; or

“(B) any veteran for a non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital or nursing home care;

“(2) a veteran whose discharge or release from the active military, naval, or air service was for a disability incurred or aggravated in line of duty;

“(3) a person (A) who is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation, or (B) who, but for a suspension pursuant to section 351 of this title (or both such a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such person’s continuing eligibility for such care is provided for in the judgment or settlement described in such section;

“(4) a veteran who is a former prisoner of war;

“(5) a veteran who meets the conditions of subsection (e) of this section; and

“(6) any veteran for a non-service-connected disability if such veteran is sixty-five years of age or older.”

Subsec. (e)(1)(A), (B). Pub. L. 99–272, § 19011(d)(3)(A), substituted “is eligible for hospital care and nursing home care under subsection (a)(1)(G)” for “may be furnished hospital care or nursing home care under subsection (a)(5)”.

Subsec. (e)(2), (3). Pub. L. 99–272, § 19011(d)(3)(B), substituted “subsection (a)(1)(G)” for “subsection (a)(5)”.

Subsec. (f). Pub. L. 99–272, § 19011(a)(2), added subsec. (f).

Subsec. (f)(3)(F). Pub. L. 99–576, § 237(b)(1), added subpar. (F).

Subsec. (g). Pub. L. 99–272, § 19011(a)(2), added subsec. (g).

1985—Subsec. (e)(3). Pub. L. 99–166 substituted “after September 30, 1989” for “after the end of the one-year period beginning on the date the Administrator submits to the appropriate committees of Congress the first report required by section 307(b)(2) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96–151; 93 Stat. 1098)”.

1983—Subsec. (a)(3). Pub. L. 98–160 inserted “(A)” after “a person” and, after “disability compensation”, inserted “or (B) who, but for a suspension pursuant to section 351 of this title (or both such a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such person’s continuing eligibility for such care is provided for in the judgment or settlement described in such section”.

1981—Subsec. (a). Pub. L. 97–72, § 102(a)(1), added cl. (5) and redesignated former cl. (5) as (6).

Pub. L. 97–37 added cl. (4) and redesignated former cl. (4) as (5).

Subsec. (e). Pub. L. 97–72, § 102(a)(2), added subsec. (e).

1979—Subsec. (c). Pub. L. 96–22 inserted provisions relating to the furnishing of dental services and treatment and related dental appliances for non-service-connected dental conditions or disabilities of veterans.

1976—Pub. L. 94–581, § 202(d)(1), inserted “, nursing home,” in section catchline.

Subsec. (a). Pub. L. 94–581, §§ 202(d)(2), 210(a)(1)(A), (B), substituted “the Administrator determines” for “he determines” in provisions preceding par. (1) and substituted “such veteran” for “he” and “necessary hospital or nursing home care” for “necessary hospital care” in subpar. (B) of par. (1).

Subsec. (b)(1). Pub. L. 94–581, § 210(a)(1)(C), substituted “such person” for “he”.

Subsec. (b)(2). Pub. L. 94–581, §§ 202(d)(3), 210(a)(1)(B), substituted “a veteran who is in need of domiciliary care if such veteran” for “a veteran of any war or of service after January 31, 1955, who is in need of domiciliary care, if he”.

Subsec. (c). Pub. L. 94–581, § 210(a)(1)(B), substituted “for which such veteran is hospitalized” for “for which he is hospitalized”.

Subsec. (d). Pub. L. 94–581, § 202(d)(4), substituted “direct jurisdiction” for “direct and exclusive jurisdiction”.

1973—Subsec. (a). Pub. L. 93–82, § 102(1), (2), extended authority of the Administrator to furnish nursing home care, and in par. (1)(B), substituted “any veteran for a” for “a veteran of any war or of service after January 31, 1955, for”.

Subsec. (c). Pub. L. 93–82, § 102(3), expanded provision regarding medical services to include nursing home care and struck out requirement that the Administrator make a determination in each instance that the non-service-connected disability would be in the veteran’s interest, would not prolong his hospitalization, and, would not interfere with the furnishing of hospital facilities to other veterans.

Subsec. (d). Pub. L. 93–82, § 102(4), added subsec. (d).

1970—Subsec. (a). Pub. L. 91–500 added cl. (4).

1966—Pub. L. 89–358 inserted “or of service after January 31, 1955,” after “veteran of any war” in subsecs. (a)(1)(B) and (b)(2).

Subsec. (c). Pub. L. 89–785 added subsec. (c).

1962—Subsec. (a)(1). Pub. L. 87–583 provided for hospital care to any veteran for a service-connected disability instead of to a veteran of any war for a service-connected disability incurred or aggravated during a period of war in subpar. (A) and incorporated existing provisions in subpar. (B).

Pub. L. 117–328, div. U, title I, § 101(b), Dec. 29, 2022, 136 Stat. 5408, provided that:

Pub. L. 117–168, title I, § 111(e), Aug. 10, 2022, 136 Stat. 1766, provided that:

Amendment by section 403(c) of Pub. L. 117–168 effective Aug. 10, 2022, with additional provisions for different applicability dates applying to various categories of veterans and claimants for compensation, see section 403(e) of Pub. L. 117–168, set out as a note under section 1116 of this title.

Amendment by Pub. L. 116–23 effective Jan. 1, 2020, see section 2(g) of Pub. L. 116–23, set out as an Effective Date note under section 1116A of this title.

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Pub. L. 112–154, title I, § 102(d), Aug. 6, 2012, 126 Stat. 1169, provided that:

Pub. L. 109–461, title II, § 211(a)(5), Dec. 22, 2006, 120 Stat. 3419, provided that:

Amendment by section 202(b) of Pub. L. 107–135 effective Oct. 1, 2002, see section 202(c) of Pub. L. 107–135, set out as a note under section 1705 of this title.

Amendment by section 101(f) of Pub. L. 106–117 effective Nov. 30, 1999, with provisions of subsec. (f) of this section not applicable to any day of nursing home care on or after the effective date of regulations under section 101(h)(2) of Pub. L. 106–117, see section 101(h) of Pub. L. 106–117, set out as an Effective Date note under section 1710B of this title.

Pub. L. 106–117, title II, § 201(c), as added by Pub. L. 106–419, title II, § 224(c), Nov. 1, 2000, 114 Stat. 1846, provided that:

Pub. L. 105–33, title VIII, § 8023(g), Aug. 5, 1997, 111 Stat. 668, provided that:

Amendment by Pub. L. 104–275 effective Jan. 1, 1997, with no benefit to be paid or provided by reason of such amendment for any period before such date, see section 505(d) of Pub. L. 104–275, set out as a note under section 101 of this title.

Pub. L. 103–210, § 1(c)(1), Dec. 20, 1993, 107 Stat. 2497, provided that:

Pub. L. 102–145, § 111, Oct. 28, 1991, 105 Stat. 970, provided that:

Pub. L. 102–109, § 111, Sept. 30, 1991, 105 Stat. 553, provided that:

Pub. L. 101–508, title VIII, § 8013(d), (e), Nov. 5, 1990, 104 Stat. 1388–347, as amended by Pub. L. 102–139, title V, § 518(b), Oct. 28, 1991, 105 Stat. 779; Pub. L. 102–568, title VI, § 606(b), Oct. 29, 1992, 106 Stat. 4343; Pub. L. 103–66, title XII, § 12002(a), Aug. 10, 1993, 107 Stat. 414; Pub. L. 105–33, title VIII, § 8021(a)(2), Aug. 5, 1997, 111 Stat. 665, provided that:

Pub. L. 99–576, title II, § 237(c), Oct. 28, 1986, 100 Stat. 3267, provided that:

Pub. L. 99–272, title XIX, § 19011(f), Apr. 7, 1986, 100 Stat. 380, provided that:

Pub. L. 97–37, § 5(d), Aug. 14, 1981, 95 Stat. 937, provided that:

Amendment by Pub. L. 96–22 effective Oct. 1, 1979, see section 107 of Pub. L. 96–22, set out as a note under section 1701 of this title.

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.

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.

Pub. L. 104–262, title I, § 102(b), Oct. 9, 1996, 110 Stat. 3182, provided that:

Pub. L. 100–322, title I, § 102(c), May 20, 1988, 102 Stat. 493, provided that:

Pub. L. 117–168, title I, § 104, Aug. 10, 2022, 136 Stat. 1763, provided that:

Pub. L. 116–214, title II, § 204, Dec. 5, 2020, 134 Stat. 1037, provided that:

Pub. L. 116–214, title III, § 302, Dec. 5, 2020, 134 Stat. 1039, provided that:

Pub. L. 111–163, title II, § 205, May 5, 2010, 124 Stat. 1144, as amended by Pub. L. 113–37, § 2(i), Sept. 30, 2013, 127 Stat. 525; Pub. L. 113–175, title I, § 103, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–58, title I, § 105, Sept. 30, 2015, 129 Stat. 532; Pub. L. 114–228, title I, § 105, Sept. 29, 2016, 130 Stat. 937; Pub. L. 115–62, title I, § 105, Sept. 29, 2017, 131 Stat. 1161; Pub. L. 115–251, title I, § 106, Sept. 29, 2018, 132 Stat. 3168; Pub. L. 116–159, div. E, title I, § 5104, Oct. 1, 2020, 134 Stat. 748; Pub. L. 116–315, title V, § 5107(a)(2), Jan. 5, 2021, 134 Stat. 5031, provided that:

[Pub. L. 116–315, § 5107(a)(2), which directed amendment of section 205(e) of Pub. L. 111–163, set out above, by substituting “the date of the enactment of the Deborah Sampson Act of 2020” for “September 30, 2020”, was executed by making the substitution for “September 30, 2022” to reflect the probable intent of Congress and the amendment by Pub. L. 116–159, which had substituted “September 30, 2022” for “September 30, 2020”. For establishment of child care assistance program by Pub. L. 116–315, see section 1709C of this title.]

Pub. L. 111–163, title III, § 307, May 5, 2010, 124 Stat. 1154, as amended by Pub. L. 113–175, title I, § 104, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–58, title I, § 106, Sept. 30, 2015, 129 Stat. 532; Pub. L. 114–228, title I, § 106, Sept. 29, 2016, 130 Stat. 937; Pub. L. 115–62, title I, § 106, Sept. 29, 2017, 131 Stat. 1161; Pub. L. 115–251, title I, § 107, Sept. 29, 2018, 132 Stat. 3168; Pub. L. 116–159, div. E, title I, § 5105, Oct. 1, 2020, 134 Stat. 748, provided that:

Pub. L. 110–92, § 161, as added by Pub. L. 110–149, § 2, Dec. 21, 2007, 121 Stat. 1819, provided that:

Pub. L. 107–135, title II, § 210, Jan. 23, 2002, 115 Stat. 2464, provided that:

Pub. L. 107–135, title II, § 204, Jan. 23, 2002, 115 Stat. 2459, as amended by Pub. L. 115–141, div. J, title II, § 245(a), Mar. 23, 2018, 132 Stat. 822, provided that:

Pub. L. 106–117, title III, § 303, Nov. 30, 1999, 113 Stat. 1572, provided that:

Pub. L. 105–368, title I, § 102(b), Nov. 11, 1998, 112 Stat. 3322, required the Secretary of Veterans Affairs, not later than Oct. 1, 1999, to submit to Congress a report on the Secretary’s plan for establishing and operating the system for collection and analysis of information required by subsec. (e)(5) of this section.

Pub. L. 105–114, title II, § 209(b), Nov. 21, 1997, 111 Stat. 2290, provided that:

Pub. L. 104–262, title III, § 322, Oct. 9, 1996, 110 Stat. 3196, provided that:

Pub. L. 104–262, title III, § 341, Oct. 9, 1996, 110 Stat. 3205, provided that:

Pub. L. 106–419, title II, § 224(d), Nov. 1, 2000, 114 Stat. 1846, provided that:

Pub. L. 104–110, title I, § 103, Feb. 13, 1996, 110 Stat. 769, provided that:

Pub. L. 103–452, title I, § 105, Nov. 2, 1994, 108 Stat. 4787, provided that:

Pub. L. 103–210, § 1(c)(2), Dec. 20, 1993, 107 Stat. 2497, directed Secretary of Veterans Affairs, on request, to reimburse any veteran who paid the United States an amount under 38 U.S.C. 1710(f) or 1712(f) for hospital care, nursing home care, or outpatient services furnished by the Secretary to the veteran before Dec. 20, 1993, on the basis of a finding that the veteran may have been exposed to a toxic substance or environmental hazard during the Persian Gulf War, with amount of reimbursement to be amount that was paid by the veteran for such care or services.

Pub. L. 102–585, title I, § 106, Nov. 4, 1992, 106 Stat. 4947, provided that:

Pub. L. 102–585, title I, § 107, Nov. 4, 1992, 106 Stat. 4947, as amended by Pub. L. 104–262, title III, § 324, Oct. 9, 1996, 110 Stat. 3197, provided that:

Pub. L. 102–585, title I, § 108, Nov. 4, 1992, 106 Stat. 4948, provided that:

Pub. L. 102–585, title I, § 110, Nov. 4, 1992, 106 Stat. 4948, as amended by Pub. L. 103–452, title I, § 102(c), Nov. 2, 1994, 108 Stat. 4786, directed Secretary of Veterans Affairs, in consultation with Advisory Committee on Women Veterans, to conduct a study to determine needs of veterans who are women for health-care services, based on an appropriate sample of veterans who are women, and to submit to Congress, not later than 9 months after Nov. 4, 1992, an interim report describing information and advice obtained from Advisory Committee and status of study, and to submit, not later than Dec. 31, 1995, a final report describing results of study.

Pub. L. 102–585, title V, § 525, Nov. 4, 1992, 106 Stat. 4960, directed Secretary of Veterans Affairs to carry out a demonstration project to evaluate feasibility and desirability of providing telephone service in patient rooms in Department of Veterans Affairs health-care facilities which do not currently provide such service, use of telephones by patients of such health-care facilities, and relative feasibility and cost-effectiveness of a variety of options for providing such service, and submit to Congress a report on the demonstration project not later than Sept. 30, 1994.

Pub. L. 99–272, title XIX, § 19011(e), Apr. 7, 1986, 100 Stat. 379, as amended by Pub. L. 100–527, § 10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L. 101–237, title II, § 201(d), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102–40, title III, § 302, May 7, 1991, 105 Stat. 208; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–291, § 4, May 20, 1992, 106 Stat. 179, directed Administrator of Veterans Affairs to submit to Congress a report for each fiscal year through fiscal year 1992 concerning implementation of the amendments made by section 19011 of Pub. L. 99–272, which amended this section and sections 1525, 1701, 1712, 1712A, 1720, 1722, and 1763 of this title and enacted provisions set out as notes under this section and section 1722 of this title, specified detailed information required to be submitted in each report, and provided that each report be submitted not later than the Feb. 1 following the end of the fiscal year for which it is submitted.

Pub. L. 99–166, title I, § 109, Dec. 3, 1985, 99 Stat. 948, directed Administrator of Veterans’ Affairs to conduct a pilot program to evaluate therapeutic benefits and cost-effectiveness of furnishing certain chiropractic services to veterans eligible for medical services under this chapter, provided that the pilot program be carried out during period beginning Jan. 1, 1986, and ending Dec. 31, 1988, and directed Administrator to submit to Committees on Veterans’ Affairs of Senate and House of Representatives not later than Apr. 1, 1989, a report on implementation, operation, and results of the pilot program.