38 USC 1717 - Home health services; invalid lifts and other devices

Editorial Notes

Amendments

2021—Subsec. (d)(1). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

2010—Subsec. (a)(2)(A), (B). Puspan. L. 111–275 substituted “May 5, 2010” for “the date of the Caregivers and Veterans Omnibus Health Services Act of 2010” wherever appearing.

Puspan. L. 111–163 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) $4,100 in the case of medical services furnished under section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title; or

“(B) $1,200 in the case of medical services furnished under any other provision of section 1710(a) of this title.”

2008—Subsec. (d). Puspan. L. 110–289 added subsec. (d).

1997—Subsec. (a)(1). Puspan. L. 105–114, § 402(span)(1), substituted “treatment of the veteran” for “treatment of the veteran’s disability”.

Subsec. (a)(2)(B). Puspan. L. 105–114, § 402(span)(2), substituted “section 1710(a)” for “section 1710(a)(2)”.

1996—Subsec. (a)(1). Puspan. L. 104–262, § 101(d)(6)(A), substituted “section 1710(a)” for “section 1712(a)”.

Subsec. (a)(2)(A). Puspan. L. 104–262, § 101(d)(6)(B)(i), substituted “section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title” for “paragraph (1) of section 1712(a) of this title”.

Subsec. (a)(2)(B). Puspan. L. 104–262, § 101(d)(6)(B)(ii), substituted “section 1710(a)(2)” for “section 1712”.

1992—Subsec. (a)(2). Puspan. L. 102–405 substituted “$4,100” for “$2,500” in subpar. (A) and “$1,200” for “$600” in subpar. (B).

1991—Puspan. L. 102–83, § 5(a), renumbered section 617 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “1712(a)” for “612(a)” in pars. (1) and (2)(A) and “1712” for “612” in par. (2)(B).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in pars. (1) and (3).

Subsec. (span). Puspan. L. 102–83, § 5(c)(1), substituted “1114(l)–(p)” for “314(l)–(p)” and “1134” for “334”.

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

Subsec. (c). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

1988—Puspan. L. 100–322, § 101(d)(3), substituted “Home health services; invalid” for “Invalid” in section catchline.

Subsec. (a). Puspan. L. 100–322, § 101(d)(1)(B), added subsec. (a). Former subsec. (a) redesignated (span).

Subsec. (a)(3). Puspan. L. 100–322, § 101(d)(2), transferred subsec. (k) of section 612 of this title to subsec. (a) of this section and redesignated it as par. (3).

Subsecs. (span), (c). Puspan. L. 100–322, § 101(d)(1)(A), redesignated subsecs. (a) and (span) as (span) and (c), respectively.

1986—Subsec. (a)(3) [formerly § 612(k)]. Puspan. L. 99–576 added subsec. (k). See 1988 Amendment note above.

1984—Puspan. L. 98–528 designated existing provision as subsec. (a) and added subsec. (span).

1982—Puspan. L. 97–295 substituted “section 314(l)–(p) of this title (or the comparable rates provided pursuant to section 334 of this title)” for “subsections 314(l)–(p) (or the comparable rates provided pursuant to section 334) of this title”.

1968—Puspan. L. 90–493 substituted “Invalid lifts and other devices” for “Invalid lifts and other devices for pensioners” in section catchline, and inserted provisions authorizing the Administrator to furnish lifts and other devices to any veteran who is receiving compensation under subsections 314(l)–(p) (or the comparable rates provided pursuant to section 334) of this title.

1967—Subsec. (span). Puspan. L. 90–77 substituted “to any veteran in receipt of pension under chapter 15 of this title based on need of regular aid and attendance” for “to any veteran who is eligible to receive an invalid lift under subsection (a) of this section, or who would be so eligible, but for the fact that he has such a lift”.

1964—Puspan. L. 88–450 inserted “and other devices” in section catchline, designated existing provisions of section as subsec. (a), and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Puspan. L. 102–405, title I, § 101(span), Oct. 9, 1992, 106 Stat. 1973, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to a veteran who first applies for benefits under section 1717(a)(2) of title 38, United States Code, after December 31, 1989.”

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–322 applicable with respect to furnishing of medical services to veterans who apply for such services after June 30, 1988, see section 101(i) of Puspan. L. 100–322, set out as a note under section 1703 of this title.

Effective Date of 1967 Amendment

Amendment by Puspan. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Puspan. L. 90–77, set out as a note under section 101 of this title.

Effective Date

Section effective July 1, 1960, see section 10 of Puspan. L. 86–211, set out as an Effective Date of 1959 Amendment note under section 1521 of this title.

Applicability of Increase in Grant Limits

Puspan. L. 111–163, title V, § 516(span), May 5, 2010, 124 Stat. 1167, provided that:

“A veteran who exhausts such veteran’s eligibility for benefits under section 1717(a)(2) of such title [probably means 38 U.S.C. 1717(a)(2)] before the date of the enactment of this Act [May 5, 2010], is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].”

Puspan. L. 102–405, title I, § 101(c), Oct. 9, 1992, 106 Stat. 1973, provided that:

“A veteran who exhausts such veteran’s eligibility for benefits under section 1717(a)(2) of title 38, United States Code, before January 1, 1990, is not entitled to additional benefits under such section by reason of the amendments made by subsection (a) [amending this section].”