§1710E — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can arrange hospital and medical care, including long-term brain injury rehab, by teaming up with public or private programs that run neurobehavioral recovery services. Those services are for people covered under section 1710C(a) who either cannot get the needed care from the Department at the right frequency or length, or for whom outside care is judged best for recovery. State protection and advocacy systems keep their rights under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. The Secretary may only use a non‑Department facility if it meets standards set by an independent, peer‑reviewed accrediting group for adult traumatic brain injury rehab.

Title 38, §1710E

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary, in implementing and carrying out a plan developed under section 1710C of this title, may provide hospital care and medical services, including rehabilitative services (as defined in section 1710C of this title), through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.

(b)The care and services provided under subsection (a) shall be made available to an individual—

(1)who is described in section 1710C(a) of this title; and

(2)(A)to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or

(B)for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation for such individual.

(c)Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 shall be construed as preventing a State protection and advocacy system (as defined in section 1710C(g) of this title) from exercising the authorities described in such subtitle with respect to individuals provided rehabilitative treatment or services under section 1710C of this title in a non-Department facility.

(d)The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 15001 of Title 42 and Tables.

Amendments

2012—Subsec. (a). Pub. L. 112–154, § 107(c), inserted “, including rehabilitative services (as defined in section 1710C of this title),” after “medical services”. 2010—Subsecs. (b) to (d). Pub. L. 111–163 added subsecs. (b) and (d) and redesignated former subsec. (b) as (c).

§1710E Traumatic brain injury: use of non-Department facilities for rehabilitation