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Title 38, Veterans' BenefitsRelease 119-110

§1788 Transplant Procedures with Live Donors and Related Services

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary may perform a transplant operation on a live donor to help a veteran, even if that donor is not otherwise eligible for Department health care. The Secretary must give any needed care before and after the transplant only if money has been made available for that purpose. The Secretary may use a non-Department facility under an agreement to do the operation and provide the care. For that purpose only, the live donor is treated as eligible to receive hospital and medical services at the non-Department facility.

Full Legal Text

Title 38, §1788

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—
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)Other Services.—
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)Use of Non-Department Facilities.—
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

Sep 22, 2026

Release point: 119-110