
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 107-14 Section 3]
[Document affected by Public Law 107-135 Section 208(c)(1),]
[CITE: 38USC1713]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
 SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL 
                                TREATMENT
 
Sec. 1713. Medical care for survivors and dependents of certain 
        veterans
        
    (a) The Secretary is authorized to provide medical care, in 
accordance with the provisions of subsection (b) of this section, for--
        (1) the spouse or child of a veteran who has a total disability, 
    permanent in nature, resulting from a service-connected disability,
        (2) the surviving spouse or child of a veteran who (A) died as a 
    result of a service-connected disability, or (B) at the time of 
    death had a total disability permanent in nature, resulting from a 
    service-connected disability, and
        (3) the surviving spouse or child of a person who died in the 
    active military, naval, or air service in the line of duty and not 
    due to such person's own misconduct,

who are not otherwise eligible for medical care under chapter 55 of 
title 10 (CHAMPUS).
    (b) In order to accomplish the purposes of subsection (a) of this 
section, the Secretary shall provide for medical care in the same or 
similar manner and subject to the same or similar limitations as medical 
care is furnished to certain dependents and survivors of active duty and 
retired members of the Armed Forces under chapter 55 of title 10 
(CHAMPUS), by--
        (1) entering into an agreement with the Secretary of Defense 
    under which that Secretary shall include coverage for such medical 
    care under the contract, or contracts, that Secretary enters into to 
    carry out such chapter 55, and under which the Secretary of Veterans 
    Affairs shall fully reimburse the Secretary of Defense for all costs 
    and expenditures made for the purposes of affording the medical care 
    authorized pursuant to this section; or
        (2) contracting in accordance with such regulations as the 
    Secretary shall prescribe for such insurance, medical service, or 
    health plans as the Secretary deems appropriate.

In cases in which Department medical facilities are equipped to provide 
the care and treatment, the Secretary is also authorized to carry out 
such purposes through the use of such facilities not being utilized for 
the care of eligible veterans.
    (c) For the purposes of this section, a child between the ages of 
eighteen and twenty-three (1) who is eligible for benefits under 
subsection (a) of this section, (2) who is pursuing a full-time course 
of instruction at an educational institution approved under chapter 36 
of this title, and (3) who, while pursuing such course of instruction, 
incurs a disabling illness or injury (including a disabling illness or 
injury incurred between terms, semesters, or quarters or during a 
vacation or holiday period) which is not the result of such child's own 
willful misconduct and which results in such child's inability to 
continue or resume such child's chosen program of education at an 
approved educational institution shall remain eligible for benefits 
under this section until the end of the six-month period beginning on 
the date the disability is removed, the end of the two-year period 
beginning on the date of the onset of the disability, or the twenty-
third birthday of the child, whichever occurs first.
    (d) Notwithstanding section 1086(d)(1) of title 10 or any other 
provision of law, any spouse, surviving spouse, or child who, after 
losing eligibility for medical care under this section by virtue of 
becoming entitled to hospital insurance benefits under part A of title 
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), has 
exhausted any such benefits shall become eligible for medical care under 
this section and shall not thereafter lose such eligibility under this 
section by virtue of becoming again eligible for such hospital insurance 
benefits.

(Added Pub. L. 93-82, title I, Sec. 103(b), Aug. 2, 1973, 87 Stat. 181, 
Sec. 613; amended Pub. L. 94-581, title I, Sec. 104, title II, 
Sec. 210(a)(4), Oct. 21, 1976, 90 Stat. 2845, 2862; Pub. L. 96-151, 
title II, Sec. 205(a), Dec. 20, 1979, 93 Stat. 1094; Pub. L. 97-72, 
title I, Sec. 105, Nov. 3, 1981, 95 Stat. 1050; Pub. L. 97-251, 
Sec. 5(a), Sept. 8, 1982, 96 Stat. 716; renumbered Sec. 1713 and amended 
Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(B), (E), 5(a), Aug. 6, 
1991, 105 Stat. 404-406; Pub. L. 102-190, div. A, title VII, 
Sec. 704(b)(2), Dec. 5, 1991, 105 Stat. 1402.)

                       References in Text

    The Social Security Act, referred to in subsec. (d), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Part A of title XVIII of the 
Social Security Act is classified generally to part A (Sec. 1395c et 
seq.) of subchapter XVIII of chapter 7 of Title 42, The Public Health 
and Welfare. For complete classification of this Act to the Code, see 
section 1305 of Title 42 and Tables.


                            Prior Provisions

    Prior section 1713 was renumbered section 3513 of this title.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 613 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(2)(B), substituted ``that 
Secretary'' for second and third references to ``the Secretary'' and 
``the Secretary of Defense'' for last reference to ``the Secretary'' in 
par. (1).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' wherever appearing in introductory and concluding 
provisions and in par. (2).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in concluding provisions.
    Subsec. (d). Pub. L. 102-190 substituted ``section 1086(d)(1)'' for 
``the second sentence of section 1086(c)''.
    1982--Subsec. (d). Pub. L. 97-251 added subsec. (d).
    1981--Subsec. (b). Pub. L. 97-72 substituted ``equipped to provide 
the care and treatment'' for ``particularly equipped to provide the most 
effective care and treatment'' in provisions following par. (2).
    1979--Subsec. (a). Pub. L. 96-151, Sec. 205(a)(1), in cl. (1) 
substituted reference to spouse for reference to wife, in cl. (2) 
substituted reference to surviving spouse for reference to widow, and 
added cl. (3).
    Subsec. (c). Pub. L. 96-151, Sec. 205(a)(2), added subsec. (c).
    1976--Subsec. (a)(2). Pub. L. 94-581, Sec. 104, designated existing 
provisions as cl. (A) and added cl. (B).
    Subsec. (b)(1). Pub. L. 94-581, Sec. 210(a)(4)(A), substituted ``the 
Secretary enters'' for ``he enters''.
    Subsec. (b)(2). Pub. L. 94-581, Sec. 210(a)(4)(B), substituted ``the 
Administrator'' for ``he'' in two places.


                    Effective Date of 1982 Amendment

    Section 5(b) of Pub. L. 97-251 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on October 
1, 1982.''


                    Effective Date of 1979 Amendment

    Section 205(b) of Pub. L. 96-151 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect with 
respect to fiscal year 1980 only to such extent and for such amounts as 
may be specifically provided for such purpose in appropriation Acts.''


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 
of Pub. L. 94-581, set out as a note under section 111 of this title.


                             Effective Date

    Section effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, 
set out as an Effective Date of 1973 Amendment note under section 1701 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 103, 1701, 8111, 8502, 8520, 
8521 of this title; title 42 section 1395cc.
