Title 38 — Veterans' BenefitsRelease 119-73

§8157 Joint title to medical equipment

Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER IV— - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION › § 8157

Last updated Apr 6, 2026|Official source

Summary

The Secretary may make agreements with certain institutions to buy medical equipment together. The Department can pay no more than one-half of the purchase price. The Secretary will buy the equipment, and ownership is shared by the United States and the institution. Before the equipment can be used, the parties must set up a contract under section 8153 for how it will be used or exchanged. The Secretary cannot sign the purchase contract until the institution has paid its share. If strong clinical or economic reasons exist, the Secretary can transfer the Department’s share to the institution if the institution agrees to pay one-half of the depreciated purchase price; that payment goes to the Department’s medical funds. The Secretary can also buy the institution’s share for similar reasons, but may not pay more than one-half of the depreciated purchase price.

Full Legal Text

Title 38, §8157

Veterans' Benefits — Source: USLM XML via OLRC

(a)Subject to subsection (b), the Secretary may enter into agreements with institutions described in section 8153(a) of this title for the joint acquisition of medical equipment.

(b)(1)The Secretary may not pay more than one-half of the purchase price of equipment acquired through an agreement under subsection (a).

(2)Any equipment to be procured under such an agreement shall be procured by the Secretary. Title to such equipment shall be held jointly by the United States and the institution.

(3)Before equipment acquired under such an agreement may be used, the parties to the agreement shall arrange by contract under section 8153 of this title for the exchange or use of the equipment.

(4)The Secretary may not contract for the acquisition of medical equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement provides to the Secretary its share of the purchase price of the medical equipment.

(c)(1)Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the institution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical considerations or the economic interest of the Department. Any such transfer may only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall be credited to the applicable Department medical appropriation.

(2)Notwithstanding any other provision of law, the Secretary may acquire the interest of an institution in equipment acquired under subsection (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the economic interests of the Department. The Secretary may not pay more than one-half the depreciated purchase price of that equipment.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8157

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73