Pub. L. 104-262, tit. I, sec. 101

ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES.

EnactedYear: 1996Length: 1,181 wordsOfficial source
SEC. 101. ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES. (a) New Criteria for Eligibility for Care.—Section 1710(a) is amended to read as follows: “(a) (1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed— “(A) to any veteran for a service-connected disability; and “(B) to any veteran who has a service-connected disability rated at 50 percent or more. “(2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran— “(A) who has a compensable service-connected disability rated less than 50 percent; “(B) whose discharge or release from active military, naval, or air service was for a compensable disability that was incurred or aggravated in the line of duty; “(C) ho is in receipt of, or who, but for a suspension pursuant to section 1151 of this title (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section; “(D) who is a former prisoner of war; 110 STAT. 3179 “(E) who is a veteran of the Mexican border period or of World War I; “(F) who was exposed to a toxic substance, radiation, or environmental hazard, as provided in subsection (e); or “(G) who is unable to defray the expenses of necessary care as determined under section 1722(a) of this title. “(3) In the case of a veteran who is not described in paragraphs (1) and (2), the Secretary may, to the extent resources and facilities are available and subject to the provisions of subsections (f) and (g), furnish hospital care, medical services, and nursing home care which the Secretary determines to be needed. “(4) The requirement in paragraphs (1) and (2) that the Secretary furnish hospital care and medical services shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes.”. (b) Transfer of Provision.—Chapter 17 is amended— (1) by redesignating subsection (g) of section 1710 as subsection (h); and (2) by transferring subsection (f) of section 1712 to section 1710 and inserting such subsection so as to appear after subsection (f), redesignating such subsection as subsection (g), and amending such subsection by striking out “section 1710(a)(2) of this title” in paragraph (1) and inserting in lieu thereof “subsection (a)(3) of this section”. (c) Repeal of Separate Outpatient Care Priorities.—(1) Section 1712 is amended— (A) by striking out subsections (a) and (i); (B) by redesignating subsections (b), (c), (d), (h) and (j), as subsections (a), (b), (c), (d), and (e), respectively; and (C) in subsection (b), as so redesignated, by striking out “subsection (b) of this section” and inserting in lieu thereof “subsection (a)”. (2) (A) The heading of such section is amended to read as follows: § 1712. Dental care; drugs and medicines for certain disabled veterans; vaccines”. (B) The item relating to such section in the table of sections at the beginning of chapter 17 is amended to read as follows: “1712. Dental care; drugs and medicines for certain disabled veterans; vaccines.”. (d) Conforming Amendments to Chapter 17.—Chapter 17 is further amended as follows: (1) Section 1701(6)(B)(i) is amended— (A) in subclause (I), by striking out “section 1712(a)” and inserting in lieu thereof “paragraph (1) or (2) of section 1710(a)”; and (B) in subclause (II), by striking out “section 1712(a)(5)(B)” and inserting in lieu thereof “paragraph (1), (2) or (3) of section 1710(a)”. (2) Section 1710(c)(1) is amended by striking out “section 1712(b)” and inserting in lieu thereof “section 1712(a)”. (3) Section 1710(e)(1)(C) is amended by striking out “hospital care and nursing home care under subsection (a)(1)(G) of this section” and inserting in lieu thereof “hospital care, medical services, and nursing home care under subsection (a)(2)(F)”. (4) Section 1710(f) is amended— 110 STAT. 3180 (A) in paragraph (1), by striking out “subsection (a)(2)” and inserting in lieu thereof “subsection (a)(3)”; and (B) in paragraph (3)(E)— (i) by striking out “section 1712(a) of this title” and inserting in lieu thereof “paragraph (3) of subsection (a)”; and (ii) by striking out “section 1712(f) of this title” and inserting in lieu thereof “subsection (g)”; and (C) in paragraph (3)(F), by striking out “section 1712(f) of this title” and inserting in lieu thereof “subsection (g)”. (5) Section 1712A is amended— (A) in subsection (b)(1), by striking out “under the conditions specified in section 1712(a)(5)(B) of this title”; and (B) in subsection (e)(1), by striking out “sections 1712(a)(1)(B) and 1703(a)(2)” and inserting in lieu thereof “sections 1703(a)(2) and 1710(a)(1)(B)”. (6) Section 1717(a) is amended— (A) in paragraph (1), by striking out “section 1712(a)” and inserting in lieu thereof “section 1710(a)”; and (B) in paragraph (2)— (i) in subparagraph (A), by striking out “paragraph (1) of section 1712(a) of this title” and inserting in lieu thereof “section 1710(a)(1) of this title, or for a disability described in section 1710(a)(2)(C) of this title”; and (ii) in subparagraph (B), by striking out “section 1712” and inserting in lieu thereof “section 1710(a)(2)”. (7) Section 1718(e) is amended by striking out “section 1712(i)” and inserting in lieu thereof “section 1705”. (8) Section 1720(f) is amended— (A) in paragraph (1)(A)(ii), by striking out “section 1712(a)(1)(B)” and inserting in lieu thereof “paragraph (1), (2), or (3) of section 1710(a)”; and (B) by striking out paragraph (3). (9) Section 1722 is amended— (A) in subsection (a), by striking out “section 1710(a)(1)(I)” and inserting in lieu thereof “section 1710(a)(2)(G)”; and (B) in subsection (f)(3), by striking out “or 1712(f)”. (10) Section 1729(g)(3)(A) is amended by striking out “under section 1710(f) of this title for hospital care or nursing home care, under section 1712(f) of this title for medical services,” and inserting in lieu thereof “under subsection (f) or (g) of section 1710 of this title for hospital care, medical services, or nursing home care”. (e) Other Conforming and Technical Amendments.— (1) Section 1525 is amended— (A) in subsection (a), by striking out “section 1712(h) of this title” and all that follows through the period at the end and inserting in lieu thereof “section 1712(d) of this title.”; and (B) in subsection (b), by striking out “renumeration” and inserting in lieu thereof “remuneration”. (2) Section 2104(b) is amended— 110 STAT. 3181 (A) in the first sentence, by striking out “section 1712(a)” and inserting in lieu thereof “section 1717(a)(2)”; and (B) in the second sentence, by striking out “section 1712(a)” and inserting in lieu thereof “section 1717(a)(2)”. (3) Section 5317(c)(3) is amended by striking out “sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B)” and inserting in lieu thereof “subsections (a)(2)(G), (a)(3), and (b) of section 1710”. (4) Section 8110(a)(2) is amended by striking out “section 1712” and inserting in lieu thereof “section 1710(a)”. (5) Section 8111A(b)(2)(A) is amended by striking out “subsection (f) of section 1712” and inserting in lieu thereof “subsection (a) of section 1710”.
Pub. L. 104-262, tit. I, sec. 101: ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES. | Justis AI