§1803 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must provide health care to children of Vietnam veterans who have spina bifida, following rules the Secretary makes. The VA can give the care itself or hire or work with outside health care providers. The law defines key terms. "Health care" covers home, hospital, nursing home, outpatient, preventive, habilitative and rehabilitative care, case management, and respite care, and also includes training family members and giving needed medicines, supplies, equipment, assistive technology, travel costs to approved care, and other necessary items. "Health care provider" means spina bifida clinics, health plans, insurers, organizations, institutions, or any other person or entity the Secretary approves. "Home care" is care given where the person lives. "Hospital care" is care when admitted as a patient. "Nursing home care" is care when admitted as a resident. "Outpatient care" is care not given in a hospital or nursing home. "Preventive care" is services to stop illness or disability, like exams and immunizations. "Habilitative and rehabilitative care" are professional services to develop, keep, or restore functioning (not including vocational training under section 1804). "Respite care" is short-term, occasional care to help someone stay in a private home.

Title 38, §1803

Veterans' Benefits — Source: USLM XML via OLRC

(a)In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.

(b)The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.

(c)For the purposes of this section—

(1)The term “health care”—

(A)means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and

(B)includes—

(i)the training of appropriate members of a child’s family or household in the care of the child; and

(ii)the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.

(2)The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.

(3)The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.

(4)The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.

(5)The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.

(6)The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.

(7)The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care.

(8)The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person.

(9)The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1803 was renumbered section 3703 of this title.

Amendments

2008—Subsec. (a). Pub. L. 110–387 substituted “health care under this section” for “such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition”. 1998—Subsec. (c)(2). Pub. L. 105–368 substituted “furnishing health care services that the Secretary determines are authorized” for “who furnishes health care that the Secretary determines authorized”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–387, title IV, § 408(b), Oct. 10, 2008, 122 Stat. 4130, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to care furnished after the date of the enactment of this Act [Oct. 10, 2008].”

§1803 Health Care