Title 38 — Veterans' BenefitsRelease 119-73

§1788 Transplant procedures with live donors and related services

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 17— - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › Subchapter SUBCHAPTER VIII— - HEALTH CARE OF PERSONS OTHER THAN VETERANS › § 1788

Last updated Apr 6, 2026|Official source

Summary

The VA can arrange surgery on a living donor so a veteran can get a transplant, even if that donor normally is not eligible for VA health care. If money is available, the VA must provide any medical care the donor needs before and after the transplant. The VA can use a non‑VA hospital under an agreement to do the surgery and care, and the donor will be treated as eligible at that hospital only for getting the operation and related care.

Full Legal Text

Title 38, §1788

Veterans' Benefits — Source: USLM XML via OLRC

(a)Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department.

(b)Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure.

(c)In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–251 substituted “this title” for “this chapter”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1788

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73