
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-135 Section 202(a)]
[Document affected by Public Law 107-135 Section 202(c)]
[CITE: 38USC1705]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1705. Management of health care: patient enrollment system

    (a) In managing the provision of hospital care and medical services 
under section 1710(a) of this title, the Secretary, in accordance with 
regulations the Secretary shall prescribe, shall establish and operate a 
system of annual patient enrollment. The Secretary shall manage the 
enrollment of veterans in accordance with the following priorities, in 
the order listed:
        (1) Veterans with service-connected disabilities rated 50 
    percent or greater.
        (2) Veterans with service-connected disabilities rated 30 
    percent or 40 percent.
        (3) Veterans who are former prisoners of war or who were awarded 
    the Purple Heart, veterans with service-connected disabilities rated 
    10 percent or 20 percent, and veterans described in subparagraphs 
    (B) and (C) of section 1710(a)(2) of this title.
        (4) Veterans who are in receipt of increased pension based on a 
    need of regular aid and attendance or by reason of being permanently 
    housebound and other veterans who are catastrophically disabled.
        (5) Veterans not covered by paragraphs (1) through (4) who are 
    unable to defray the expenses of necessary care as determined under 
    section 1722(a) of this title.
        (6) All other veterans eligible for hospital care, medical 
    services, and nursing home care under section 1710(a)(2) of this 
    title.
        (7) Veterans described in section 1710(a)(3) of this title.

    (b) In the design of an enrollment system under subsection (a), the 
Secretary--
        (1) shall ensure that the system will be managed in a manner to 
    ensure that the provision of care to enrollees is timely and 
    acceptable in quality;
        (2) may establish additional priorities within each priority 
    group specified in subsection (a), as the Secretary determines 
    necessary; and
        (3) may provide for exceptions to the specified priorities where 
    dictated by compelling medical reasons.

    (c)(1) Effective on October 1, 1998, the Secretary may not provide 
hospital care or medical services to a veteran under paragraph (2) or 
(3) of section 1710(a) of this title unless the veteran enrolls in the 
system of patient enrollment established by the Secretary under 
subsection (a).
    (2) The Secretary shall provide hospital care and medical services 
under section 1710(a)(1) of this title, and under subparagraph (B) of 
section 1710(a)(2) of this title, for the 12-month period following such 
veteran's discharge or release from service, to any veteran referred to 
in such sections for a disability specified in the applicable 
subparagraph of such section, notwithstanding the failure of the veteran 
to enroll in the system of patient enrollment referred to in subsection 
(a) of this section.

(Added Pub. L. 104-262, title I, Sec. 104(a)(1), Oct. 9, 1996, 110 Stat. 
3182; amended Pub. L. 106-117, title I, Sec. 112(2), Nov. 30, 1999, 113 
Stat. 1556.)


                               Amendments

    1999--Subsec. (a)(3). Pub. L. 106-117 inserted ``or who were awarded 
the Purple Heart'' after ``former prisoners of war''.


Assessment of Implementation and Operation of Amendments by Pub. L. 104-
                                   262

    Section 106 of title I of Pub. L. 104-262 provided that:
    ``(a) Assessment Systems.--The Secretary of Veterans Affairs shall 
establish information systems to assess the experience of the Department 
of Veterans Affairs in implementing sections 101, 103, and 104 [enacting 
this section and section 1706 of this title, amending sections 1525, 
1701, 1703, 1710, 1712, 1712A, 1717, 1718, 1720, 1722, 1729, 2104, 5317, 
8110, and 8111A of this title, and enacting provisions set out as a note 
under section 1701 of this title], including the amendments made by 
those sections, during fiscal year 1997. The Secretary shall establish 
those information systems in time to include assessments under such 
systems in the report required under subsection (b).
    ``(b) Report.--Not later than March 1, 1998, the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report reflecting the experience of the Department 
during fiscal year 1997 on--
        ``(1) the effect of implementation of, and provision and 
    management of care under, sections 101, 103, and 104 (including the 
    amendments made by those sections) on demand for health care 
    services from the Department of Veterans Affairs by veterans 
    described in paragraphs (1), (2), and (3) of section 1710(a) of 
    title 38, United States Code, as amended by section 101;
        ``(2) any differing patterns of demand on the part of such 
    veterans relating to such factors as relative distance from 
    Department facilities and prior experience, or lack of experience, 
    as recipients of care from the Department;
        ``(3) the extent to which the Department has met such demand for 
    care; and
        ``(4) changes in health-care delivery patterns in Department 
    facilities and the fiscal impact of such changes.
    ``(c) Matters To Be Included.--The report under subsection (b) shall 
include detailed information with respect to fiscal year 1997 regarding 
the following:
        ``(1) The number of veterans enrolled for care at each 
    Department medical facility and, of such veterans, the number 
    enrolled at each such facility who had not received care from the 
    Department during the preceding three fiscal years.
        ``(2) With respect to the veterans who had not received care 
    from the Department during the three preceding fiscal years, the 
    total cost of providing care to such veterans, shown in total and 
    separately (A) by level of care, and (B) by reference to whether 
    care was furnished in Department facilities or under contract 
    arrangements.
        ``(3) With respect to the number of veterans described in 
    paragraphs (1), (2), and (3) of section 1710(a) of title 38, United 
    States Code, as amended by section 101, who applied for health care 
    from the Department during fiscal year 1997--
            ``(A) the number who applied for care (shown in total and 
        separately by facility);
            ``(B) the number who were denied enrollment (shown in total 
        and separately by facility); and
            ``(C) the number who were denied care which was considered 
        to be medically necessary but not of an emergency nature (shown 
        in total and separately by facility).
        ``(4) The numbers and characteristics of, and the type and 
    extent of health care furnished to, veterans enrolled for care 
    (shown in total and separately by facility).
        ``(5) The numbers and characteristics of, and the type and 
    extent of health care furnished to, veterans not enrolled for care 
    (shown separately by reference to each class of eligibility, both in 
    total and separately by facility).
        ``(6) The specific fiscal impact (shown in total and by 
    geographic health-care delivery areas) of changes in delivery 
    patterns instituted under the amendments made by this title 
    [enacting this section and section 1706 of this title and amending 
    sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717, 1718, 1720, 
    1722, 1729, 2104, 5317, 8110, and 8111A of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1718, 1720, 1725 of this 
title; title 10 section 1076c.
