§1787 — Title 38 Veterans' Benefits | U.S. Code

Summary

Provides hospital and medical care for family members of veterans who lived at Camp Lejeune for at least 30 days, or who were in utero while their mother lived there. Care covers the illnesses listed in the other Camp Lejeune law even if there is not enough proof the illness came from living there. Care is only given if Congress has put money aside for it. Care is not covered if official health guidelines say the illness came from something else. The VA will pay back costs only after the person or provider has tried and failed to collect from other responsible parties, including health insurers.

Title 38, §1787

Veterans' Benefits — Source: USLM XML via OLRC

(a)Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.

(b)(1)The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.

(2)Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.

(3)The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(h) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 1787 was renumbered section 3687 of this title. Another prior section 1787, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, related to the submission of false or misleading statements by educational institutions, persons or veterans, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title. Prior section 1788 was renumbered section 3688 of this title. Another prior section 1788 was renumbered section 3692 of this title. Prior section 1789 was renumbered section 3689 of this title. Another prior section 1789, which required the Administrator not to approve of enrollments in courses in institutions listed by the Attorney General under section 12 of Ex. Ord. No. 10450, was renumbered section 1793 of this title. Prior section 1790 was renumbered section 3690 of this title. Another prior section 1790 was renumbered section 3694 of this title. Prior section 1791 was renumbered section 3691 of this title. Another prior section 1791 was renumbered section 3695 of this title. Prior section 1792 and 1793 were renumbered section 3692 and 3693 of this title, respectively. Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Administrator not to approve of enrollment in any course in an institution listed by the Attorney General under section 12 of Executive Order 10450, prior to repeal by section 511(1) of Pub. L. 94–502. Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and section 3698 and 3699 were subsequently repealed.

Amendments

2022—Subsec. (b)(3). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 6, 2012, and applicable with respect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an

Effective Date

of 2012 Amendment note under section 1710 of this title.

§1787 Health care of family members of veterans stationed at Camp Lejeune, North Carolina

Summary

Title 38, §1787

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata