Title 38 — Veterans' BenefitsRelease 119-73
§1722A Copayment for medications
Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 17— - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › Subchapter SUBCHAPTER III— - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS › § 1722A
Summary
Veterans must pay $2 for each 30-day supply of outpatient medicine the VA gives them for a condition not related to their service. If the supply is for less than 30 days, the $2 charge still applies. The VA cannot charge more than the actual cost of the medicine. The $2 charge does not apply to four groups: veterans rated 50% or more for a service-connected disability; former prisoners of war; veterans whose yearly income is at or below the maximum pension rate (as figured under section 1503 and section 1521); and Medal of Honor recipients under sections 7271, 8291, or 9271 of title 10 or section 491 of title 14. It also does not apply to opioid antagonists given to a veteran at high risk of overdose to reverse an overdose. The Secretary may raise the copay and may set monthly or yearly caps for vets with many prescriptions. Money collected goes into the Department of Veterans Affairs Medical Care Collections Fund.
Full Legal Text
Title 38, §1722A
Veterans' Benefits — Source: USLM XML via OLRC
(a)(1)Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $2 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the amount of the charge may not be reduced.
(2)The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication described in paragraph (1).
(3)Paragraph (1) does not apply—
(A)to a veteran with a service-connected disability rated 50 percent or more;
(B)to a veteran who is a former prisoner of war;
(C)to a veteran whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title; or
(D)to a veteran who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14.
(4)Paragraph (1) does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose.
(b)The Secretary, pursuant to regulations which the Secretary shall prescribe, may—
(1)increase the copayment amount in effect under subsection (a); and
(2)establish a maximum monthly and a maximum annual pharmaceutical copayment amount under subsection (a) for veterans who have multiple outpatient prescriptions.
(c)Amounts collected under this section shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Section 491 of title 14, referred to in subsec. (a)(3)(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.
Amendments
2018—Subsec. (a)(3)(D). Pub. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”. 2016—Subsec. (a)(3)(D). Pub. L. 114–315 added subpar. (D). Subsec. (a)(4). Pub. L. 114–198 and Pub. L. 114–223 amended subsec. (a) identically, adding par. (4). 2003—Subsec. (a)(3)(B), (C). Pub. L. 108–170 added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (c). Pub. L. 108–7, § 113(c)(1), substituted “under this section” for “under subsection (a)” in first sentence and struck out second sentence which read as follows: “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Subsec. (d). Pub. L. 108–7, § 113(c)(2), struck out subsec. (d) which read as follows: “The provisions of subsection (a) expire on
September 30, 2002.” 1999—Subsec. (b). Pub. L. 106–117, § 201(a)(1), (2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–117, § 201(a)(1), (3), redesignated subsec. (b) as (c), substituted “subsection (a)” for “this section”, and inserted at end “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 106–117, § 201(a)(1), redesignated subsec. (c) as (d). 1997—Subsec. (b). Pub. L. 105–33, § 8023(b)(3), substituted “Medical Care Collections Fund” for “Medical-Care Cost Recovery Fund”. Subsec. (c). Pub. L. 105–33, § 8021(b), substituted “
September 30, 2002” for “
September 30, 1998”. 1994—Subsec. (a)(1). Pub. L. 103–446 substituted “veteran to pay” for “veteran) to pay”. 1993—Subsec. (c). Pub. L. 103–66 substituted “1998” for “1992” in first sentence and struck out at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through
September 30, 1997.” 1992—Subsec. (a)(1). Pub. L. 102–568, § 605(a)(1), struck out “(other than a veteran with a service-connected disability rated 50 percent or more” after “require a veteran”. Subsec. (a)(3). Pub. L. 102–568, § 605(a)(2), added par. (3). Subsec. (c). Pub. L. 102–568, § 606(a), inserted at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through
September 30, 1997.” 1991—Pub. L. 102–83 renumbered section 622A of this title as this section. Subsec. (c). Pub. L. 102–139, as amended by Pub. L. 102–229, substituted “
September 30, 1992” for “
September 30, 1991”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment 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.
Effective Date
of 1997 AmendmentAmendment by section 8023(b)(3) of Pub. L. 105–33 effective Oct. 1, 1997, see section 8023(g) of Pub. L. 105–33, set out as a note under section 1710 of this title.
Effective Date
of 1992 Amendment Pub. L. 102–568, title VI, § 605(b), Oct. 29, 1992, 106 Stat. 4343, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply with respect to medication furnished after the date of the enactment of this Act [Oct. 29, 1992].” Effective and Termination Dates Section to remain in effect through the period covered by Pub. L. 102–145, see section 111 of Pub. L. 102–145, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title. Section to remain in effect through the period covered by Pub. L. 102–109, see section 111 of Pub. L. 102–109, set out as an Effective and Termination Dates of 1990 Amendment note under section 1710 of this title. Pub. L. 101–508, title VIII, § 8012(b), Nov. 5, 1990, 104 Stat. 1388–345, provided that: “The
Amendments
made by subsection (a) [enacting this section] shall take effect with respect to medication furnished to a veteran after October 31, 1990, or the date of the enactment of this Act [Nov. 5, 1990], whichever is later.”
Reference
Citations & Metadata
Citation
38 U.S.C. § 1722A
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73