Pub. L. 107-135, tit. II, sec. 208

RECODIFICATION OF BEREAVEMENT COUNSELING AUTHORITY AND CERTAIN OTHER HEALTH-RELATED AUTHORITIES.

EnactedYear: 2002Length: 1,165 wordsOfficial source
SEC. 208. RECODIFICATION OF BEREAVEMENT COUNSELING AUTHORITY AND CERTAIN OTHER HEALTH-RELATED AUTHORITIES. (a) Statutory Reorganization.—Subchapter I of chapter 17 is amended— (1) in section 1701(6)— (A) by striking subparagraph (B) and the sentence following that subparagraph; (B) by striking “services—” in the matter preceding subparagraph (A) and inserting “services, the following:”; and (C) by striking subparagraph (A) and inserting the following: “(A) Surgical services. “(B) Dental services and appliances as described in sections 1710 and 1712 of this title. “(C) Optometric and podiatric services. “(D) Preventive health services. “(E) In the case of a person otherwise receiving care or services under this chapter— “(i) wheelchairs, artificial limbs, trusses, and similar appliances; “(ii) special clothing made necessary by the wearing of prosthetic appliances; and 115 STAT. 2462 “(iii) such other supplies or services as the Secretary determines to be reasonable and necessary. “(F) Travel and incidental expenses pursuant to section 111 of this title.”; and (2) in section 1707— (A) by inserting “(a)” at the beginning of the text of the section; and (B) by adding at the end the following: “(b) The Secretary may furnish sensori-neural aids only in accordance with guidelines prescribed by the Secretary.”. (b) Consolidation of Provisions Relating to Persons Other Than Veterans.—Such chapter is further amended by adding at the end the following new subchapter: “SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER THAN VETERANS “§ 1782. Counseling, training, and mental health services for immediate family members “(a) Counseling for Family Members of Veterans Receiving Service-Connected Treatment.—In the case of a veteran who is receiving treatment for a service-connected disability pursuant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individuals described in subsection (c) such consultation, professional counseling, training, and mental health services as are necessary in connection with that treatment. “(b) Counseling for Family Members of Veterans Receiving Non-Service-Connected Treatment.—In the case of a veteran who is eligible to receive treatment for a non-service- connected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals described in subsection (c) such consultation, professional counseling, training, and mental health services as are necessary in connection with that treatment if— “(1) those services were initiated during the veteran’s hospitalization; and “(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital. “(c) Eligible Individuals.—Individuals who may be provided services under this subsection are— “(1) the members of the immediate family or the legal guardian of a veteran; or “(2) the individual in whose household such veteran certifies an intention to live. “(d) Travel and Transportation Authorized.—Services provided under subsections (a) and (b) may include, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the following: “(1) A veteran who is receiving care for a service-connected disability. “(2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title. 115 STAT. 2463 “§ 1783. Bereavement counseling “(a) Deaths of Veterans.—In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death— “(1) that was unexpected; or “(2) that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary. “(b) Deaths In Active Service.—The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, or air service in the line of duty and under circumstances not due to the person’s own misconduct. “(c) Bereavement Counseling Defined.—For purposes of this section, the term ‘bereavement counseling’ means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual. “§ 1784. Humanitarian care “The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.”. (c) Transfer of CHAMPVA Section.—Section 1713 is— (1) transferred to subchapter VIII of chapter 17 of title 38, United States Code, as added by subsection (b), and inserted after the subchapter heading; (2) redesignated as section 1781; and (3) amended by adding at the end of subsection (b) the following new sentence: “A dependent or survivor receiving care under the preceding sentence shall be eligible for the same medical services as a veteran, including services under sections 1782 and 1783 of this title.”. (d) Repeal of Recodified Authority.—Section 1711 is amended by striking subsection (b). (e) Cross Reference Amendments.—Title 38, United States Code, is further amended as follows: (1) Section 103(d)(5)(B) is amended by striking “1713” and inserting “1781”. (2) Section 1701(5) is amended by striking “1713(b)” in subparagraphs (B) and (C)(i) and inserting “1781(b)”. (3) Section 1712A(b) is amended— (A) in the last sentence of paragraph (1), by striking “section 1711(b)” and inserting “section 1784”; and (A) in paragraph (2), by striking “section 1701(6)(B)” and inserting “sections 1782 and 1783”. (4) Section 1729(f) is amended by striking “section 1711(b)” and inserting “section 1784”. (5) Section 1729A(b) is amended— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph (7): “(7) Section 1784 of this title.”. 115 STAT. 2464 (6) Section 8111(g) is amended— (A) in paragraph (4), by inserting “services under sections 1782 and 1783 of this title” after “of this title,”; and (B) in paragraph (5), by striking “section 1711(b) or 1713” and inserting “section 1782, 1783, or 1784”. (7) Section 8111A(a)(2) is amended by inserting “, and the term ‘medical services’ includes services under sections 1782 and 1783 of this title” before the period at the end. (8) Section 8152(1) is amended by inserting “services under sections 1782 and 1783 of this title,” after “of this title),”. (9) Sections 8502(b), 8520(a), and 8521 are amended by striking “the last sentence of section 1713(b)” and inserting “the penultimate sentence of section 1781(b)”. (f) Clerical Amendments.— (1) The table of sections at the beginning of such chapter is amended— (A) by striking the item relating to section 1707 and inserting the following: “1707. Limitations.”; (B) by striking the item relating to section 1713; and (C) by adding at the end the following: “subchapter viii—health care of persons other than veterans “1781. Medical care For survivors and dependents of certain veterans. “1782. Counseling, training, and mental health services For immediate family members. “1783. Bereavement counseling. “1784. Humanitarian care.”. (2) The heading for section 1707 is amended to read as follows: “§ 1707. Limitations”.
Pub. L. 107-135, tit. II, sec. 208: RECODIFICATION OF BEREAVEMENT COUNSELING AUTHORITY AND CERTAIN OTHER HEALTH-RELATED AUTHORITIES. | Justis AI