
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1717]

 
                      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. 1717. Home health services; invalid lifts and other devices

    (a)(1) As part of medical services furnished to a veteran under 
section 1710(a) of this title, the Secretary may furnish such home 
health services as the Secretary finds to be necessary or appropriate 
for the effective and economical treatment of the veteran.
    (2) Improvements and structural alterations may be furnished as part 
of such home health services only as necessary to assure the 
continuation of treatment for the veteran's disability or to provide 
access to the home or to essential lavatory and sanitary facilities. The 
cost of such improvements and structural alterations (or the amount of 
reimbursement therefor) under this subsection may not exceed--
        (A) $4,100 in the case of medical services furnished under 
    section 1710(a)(1) of this title, or for a disability described in 
    section 1710(a)(2)(C) of this title; or
        (B) $1,200 in the case of medical services furnished under any 
    other provision of section 1710(a) of this title.

    (3) The Secretary may furnish home health services to a veteran in 
any setting in which the veteran is residing. The Secretary may not 
furnish such services in such a manner as to relieve any other person or 
entity of a contractual obligation to furnish services to the veteran. 
When home health services are furnished in a setting other than the 
veteran's home, such services may not include any structural improvement 
or alteration.
    (b) The Secretary may furnish an invalid lift, or any type of 
therapeutic or rehabilitative device, as well as other medical equipment 
and supplies (excluding medicines), if medically indicated, to any 
veteran who is receiving (1) compensation under section 1114(l)-(p) of 
this title (or the comparable rates provided pursuant to section 1134 of 
this title), or (2) pension under chapter 15 of this title by reason of 
being in need of regular aid and attendance.
    (c) The Secretary may furnish devices for assisting in overcoming 
the handicap of deafness (including telecaptioning television decoders) 
to any veteran who is profoundly deaf and is entitled to compensation on 
account of hearing impairment.

(Added Pub. L. 86-211, Sec. 5, Aug. 29, 1959, 73 Stat. 435, Sec. 617; 
amended Pub. L. 88-450, Sec. 6(a), (c), Aug. 19, 1964, 78 Stat. 504; 
Pub. L. 90-77, title I, Sec. 109, Aug. 31, 1967, 81 Stat. 180; Pub. L. 
90-493, Sec. 3(a), Aug. 19, 1968, 82 Stat. 809; Pub. L. 97-295, 
Sec. 4(18), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 98-528, title I, 
Sec. 107, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 99-576, title II, 
Sec. 202(2), Oct. 28, 1986, 100 Stat. 3254; Pub. L. 100-322, title I, 
Sec. 101(d), May 20, 1988, 102 Stat. 491; renumbered Sec. 1717 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 404-406; Pub. L. 102-405, title I, Sec. 101(a), Oct. 9, 
1992, 106 Stat. 1973; Pub. L. 104-262, title I, Sec. 101(d)(6), Oct. 9, 
1996, 110 Stat. 3180; Pub. L. 105-114, title IV, Sec. 402(b), Nov. 21, 
1997, 111 Stat. 2294.)


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-114, Sec. 402(b)(1), substituted 
``treatment of the veteran'' for ``treatment of the veteran's 
disability''.
    Subsec. (a)(2)(B). Pub. L. 105-114, Sec. 402(b)(2), substituted 
``section 1710(a)'' for ``section 1710(a)(2)''.
    1996--Subsec. (a)(1). Pub. L. 104-262, Sec. 101(d)(6)(A), 
substituted ``section 1710(a)'' for ``section 1712(a)''.
    Subsec. (a)(2)(A). Pub. L. 104-262, Sec. 101(d)(6)(B)(i), 
substituted ``section 1710(a)(1) of this title, or for a disability 
described in section 1710(a)(2)(C) of this title'' for ``paragraph (1) 
of section 1712(a) of this title''.
    Subsec. (a)(2)(B). Pub. L. 104-262, Sec. 101(d)(6)(B)(ii), 
substituted ``section 1710(a)(2)'' for ``section 1712''.
    1992--Subsec. (a)(2). Pub. L. 102-405 substituted ``$4,100'' for 
``$2,500'' in subpar. (A) and ``$1,200'' for ``$600'' in subpar. (B).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 617 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1712(a)'' 
for ``612(a)'' in pars. (1) and (2)(A) and ``1712'' for ``612'' in par. 
(2)(B).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' wherever appearing in pars. (1) and (3).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1114(l)-
(p)'' for ``314(l)-(p)'' and ``1134'' for ``334''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1988--Pub. L. 100-322, Sec. 101(d)(3), substituted ``Home health 
services; invalid'' for ``Invalid'' in section catchline.
    Subsec. (a). Pub. L. 100-322, Sec. 101(d)(1)(B), added subsec. (a). 
Former subsec. (a) redesignated (b).
    Subsec. (a)(3). Pub. L. 100-322, Sec. 101(d)(2), transferred subsec. 
(k) of section 612 of this title to subsec. (a) of this section and 
redesignated it as par. (3).
    Subsecs. (b), (c). Pub. L. 100-322, Sec. 101(d)(1)(A), redesignated 
subsecs. (a) and (b) as (b) and (c), respectively.
    1986--Subsec. (a)(3) [formerly Sec. 612(k)]. Pub. L. 99-576 added 
subsec. (k). See 1988 Amendment note above.
    1984--Pub. L. 98-528 designated existing provision as subsec. (a) 
and added subsec. (b).
    1982--Pub. L. 97-295 substituted ``section 314(l)-(p) of this title 
(or the comparable rates provided pursuant to section 334 of this 
title)'' for ``subsections 314(l)-(p) (or the comparable rates provided 
pursuant to section 334) of this title''.
    1968--Pub. L. 90-493 substituted ``Invalid lifts and other devices'' 
for ``Invalid lifts and other devices for pensioners'' in section 
catchline, and inserted provisions authorizing the Administrator to 
furnish lifts and other devices to any veteran who is receiving 
compensation under subsections 314(l)-(p) (or the comparable rates 
provided pursuant to section 334) of this title.
    1967--Subsec. (b). Pub. L. 90-77 substituted ``to any veteran in 
receipt of pension under chapter 15 of this title based on need of 
regular aid and attendance'' for ``to any veteran who is eligible to 
receive an invalid lift under subsection (a) of this section, or who 
would be so eligible, but for the fact that he has such a lift''.
    1964--Pub. L. 88-450 inserted ``and other devices'' in section 
catchline, designated existing provisions of section as subsec. (a), and 
added subsec. (b).


                    Effective Date of 1992 Amendment

    Section 101(b) of Pub. L. 102-405 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to a veteran who first applies for benefits under section 1717(a)(2) of 
title 38, United States Code, after December 31, 1989.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-322 applicable with respect to furnishing 
of medical services to veterans who apply for such services after June 
30, 1988, see section 101(i) of Pub. L. 100-322, set out as a note under 
section 1703 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first calendar 
month which begins more than ten days after Aug. 31, 1967, see section 
405 of Pub. L. 90-77, set out as a note under section 101 of this title.


                             Effective Date

    Section effective July 1, 1960, see section 10 of Pub. L. 86-211, 
set out as an Effective Date of 1959 Amendment note under section 1521 
of this title.


                Applicability of Increase in Grant Limits

    Section 101(c) of Pub. L. 102-405 provided that: ``A veteran who 
exhausts such veteran's eligibility for benefits under section 
1717(a)(2) of title 38, United States Code, before January 1, 1990, is 
not entitled to additional benefits under such section by reason of the 
amendments made by subsection (a) [amending this section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1710, 2104 of this title.
