
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: 38USC1722A]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
   SUBCHAPTER III--MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND 
           NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
 
Sec. 1722A. Copayment for medications

    (a)(1) Subject to paragraph (2), the Secretary shall require a 
veteran to pay the United States $2 for each 30-day supply of medication 
furnished such veteran under this chapter on an outpatient basis for the 
treatment of a non-service-connected disability or condition. If the 
amount supplied is less than a 30-day supply, the amount of the charge 
may not be reduced.
    (2) The Secretary may not require a veteran to pay an amount in 
excess of the cost to the Secretary for medication described in 
paragraph (1).
    (3) Paragraph (1) does not apply--
        (A) to a veteran with a service-connected disability rated 50 
    percent or more; or
        (B) to a veteran whose annual income (as determined under 
    section 1503 of this title) does not exceed the maximum annual rate 
    of pension which would be payable to such veteran if such veteran 
    were eligible for pension under section 1521 of this title.

    (b) The Secretary, pursuant to regulations which the Secretary shall 
prescribe, may--
        (1) increase the copayment amount in effect under subsection 
    (a); and
        (2) establish a maximum monthly and a maximum annual 
    pharmaceutical copayment amount under subsection (a) for veterans 
    who have multiple outpatient prescriptions.

    (c) Amounts collected under subsection (a) shall be deposited in the 
Department of Veterans Affairs Medical Care Collections Fund. Amounts 
collected through use of the authority under subsection (b) shall be 
deposited in the Department of Veterans Affairs Health Services 
Improvement Fund.
    (d) The provisions of subsection (a) expire on September 30, 2002.

(Added Pub. L. 101-508, title VIII, Sec. 8012(a)(1), Nov. 5, 1990, 104 
Stat. 1388-345, Sec. 622A; renumbered Sec. 1722A, Pub. L. 102-83, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 102-139, title 
V, Sec. 518(a), Oct. 28, 1991, 105 Stat. 779; Pub. L. 102-229, title I, 
Dec. 12, 1991, 105 Stat. 1709; Pub. L. 102-568, title VI, Secs. 605(a), 
606(a), Oct. 29, 1992, 106 Stat. 4343; Pub. L. 103-66, title XII, 
Sec. 12002(b), Aug. 10, 1993, 107 Stat. 414; Pub. L. 103-446, title XII, 
Sec. 1201(e)(7), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 105-33, title 
VIII, Secs. 8021(b), 8023(b)(3), Aug. 5, 1997, 111 Stat. 665, 667; Pub. 
L. 106-117, title II, Sec. 201(a), Nov. 30, 1999, 113 Stat. 1560.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-117, Sec. 201(a)(1), (2), added 
subsec. (b). Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 106-117, Sec. 201(a)(1), (3), redesignated 
subsec. (b) as (c), substituted ``subsection (a)'' for ``this section'', 
and inserted at end ``Amounts collected through use of the authority 
under subsection (b) shall be deposited in the Department of Veterans 
Affairs Health Services Improvement Fund.'' Former subsec. (c) 
redesignated (d).
    Subsec. (d). Pub. L. 106-117, Sec. 201(a)(1), redesignated subsec. 
(c) as (d).
    1997--Subsec. (b). Pub. L. 105-33, Sec. 8023(b)(3), substituted 
``Medical Care Collections Fund'' for ``Medical-Care Cost Recovery 
Fund''.
    Subsec. (c). Pub. L. 105-33, Sec. 8021(b), substituted ``September 
30, 2002'' for ``September 30, 1998''.
    1994--Subsec. (a)(1). Pub. L. 103-446 substituted ``veteran to pay'' 
for ``veteran) to pay''.
    1993--Subsec. (c). Pub. L. 103-66 substituted ``1998'' for ``1992'' 
in first sentence and struck out at end ``Notwithstanding the preceding 
sentence, the provisions of subsection (a) shall be in effect through 
September 30, 1997.''
    1992--Subsec. (a)(1). Pub. L. 102-568, Sec. 605(a)(1), struck out 
``(other than a veteran with a service-connected disability rated 50 
percent or more'' after ``require a veteran''.
    Subsec. (a)(3). Pub. L. 102-568, Sec. 605(a)(2), added par. (3).
    Subsec. (c). Pub. L. 102-568, Sec. 606(a), inserted at end 
``Notwithstanding the preceding sentence, the provisions of subsection 
(a) shall be in effect through September 30, 1997.''
    1991--Pub. L. 102-83 renumbered section 622A of this title as this 
section.
    Subsec. (c). Pub. L. 102-139, as amended by Pub. L. 102-229, 
substituted ``September 30, 1992'' for ``September 30, 1991''.


                    Effective Date of 1997 Amendment

    Amendment by section 8023(b)(3) of Pub. L. 105-33 effective Oct. 1, 
1997, see section 8023(g) of Pub. L. 105-33, set out as a note under 
section 712 of this title.


                    Effective Date of 1992 Amendment

    Section 605(b) of Pub. L. 102-568 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to medication furnished after the date of the enactment of this Act 
[Oct. 29, 1992].''


                     Effective and Termination Dates

    Section to remain in effect through the period covered by Pub. L. 
102-145, see section 111 of Pub. L. 102-145, set out as an Effective and 
Termination Dates of 1990 Amendment note under section 1710 of this 
title.
    Section to remain in effect through the period covered by Pub. L. 
102-109, see section 111 of Pub. L. 102-109, set out as an Effective and 
Termination Dates of 1990 Amendment note under section 1710 of this 
title.
    Section 8012(b) of Pub. L. 101-508 provided that: ``The amendments 
made by subsection (a) [enacting this section] shall take effect with 
respect to medication furnished to a veteran after October 31, 1990, or 
the date of the enactment of this Act [Nov. 5, 1990], whichever is 
later.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1729A, 1729B of this title.
