PRIA, Government Policy, Made Personal

Summary

The VA cannot charge a copay for a veteran’s first three outpatient mental health visits in a calendar year when a copay would otherwise apply. That rule does not stop copays for medications under section 1722A. A “mental health care outpatient visit” means an outpatient visit with a qualified mental health professional mainly for mental health or substance abuse treatment. This rule ends five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.

Title 38, §1722C

Veterans' Benefits, Source: USLM XML via OLRC

(a)Prohibition.—

Except as provided in subsection (b), notwithstanding section 1710(g) of this title or any other provision of law, the Secretary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary.

(b)Copayment for Medications.—

The prohibition under subsection (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title.

(c)Mental Health Care Outpatient Visit Defined.—

In this section, the term “mental health care outpatient visit” means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder.

(d)Sunset.—

This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022.

Statutory Notes and Related Subsidiaries

Effective Date

of 2023 Amendment Pub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: “The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occurring on or after the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022].”

§1722C Copayments: Prohibition on Collection of Copayments for First Three Mental Health Care Outpatient Visits of Veterans