38 USC 1725 - Reimbursement for emergency treatment

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (h)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2022—Subsec. (span)(3)(B). Puspan. L. 117–328, § 142(c)(2), substituted “subsection (h)(2)(B) or (h)(2)(C)” for “subsection (f)(2)(B) or (f)(2)(C)”.

Subsecs. (f) to (h). Puspan. L. 117–328, § 142(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

2010—Subsec. (span)(3)(C). Puspan. L. 111–137, § 1(a)(1), struck out “or in part” after “in whole”.

Subsec. (c)(4). Puspan. L. 111–137, § 1(span), added par. (4).

Subsec. (f)(2)(E). Puspan. L. 111–137, § 1(a)(2), struck out subpar. (E) which read as follows: “A law of a State or political subdivision described in section 1729(a)(2)(B) of this title.”

2008—Subsec. (a)(1). Puspan. L. 110–387, § 402(a)(1), substituted “shall reimburse” for “may reimburse”.

Subsec. (f)(1)(C). Puspan. L. 110–387, § 402(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “until such time as the veteran can be transferred safely to a Department facility or other Federal facility”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–137, § 1(c), Fespan. 1, 2010, 123 Stat. 3495, provided that:

“(1)In general.—The amendments made by subsections (a) and (span) [amending this section] shall take effect on the date of the enactment of this Act [Fespan. 1, 2010], and shall apply with respect to emergency treatment furnished on or after the date of the enactment of this Act.

“(2)Reimbursement for treatment provided before effective date.—The Secretary may provide reimbursement under section 1725 of title 38, United States Code, as amended by subsections (a) and (span), for emergency treatment furnished to a veteran before the date of the enactment of this Act [Fespan. 1, 2010], if the Secretary determines that, under the circumstances applicable with respect to the veteran, it is appropriate to do so.”

Effective Date

Puspan. L. 106–117, title I, § 111(c), Nov. 30, 1999, 113 Stat. 1556, provided that: “The amendments made by this section [enacting this section and amending section 1729A of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 30, 1999].”

Implementation Reports

Puspan. L. 106–117, title I, § 111(d), Nov. 30, 1999, 113 Stat. 1556, required the Secretary of Veterans Affairs to include with the budget justification materials submitted to Congress in support of the Department of Veterans Affairs budget for fiscal years 2002 and 2003 a report on the implementation of this section, including information on the experience of the Department under that section and the costs incurred.