
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: 38USC1728]

 
                      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. 1728. Reimbursement of certain medical expenses

    (a) The Secretary may, under such regulations as the Secretary shall 
prescribe, reimburse veterans entitled to hospital care or medical 
services under this chapter for the reasonable value of such care or 
services (including travel and incidental expenses under the terms and 
conditions set forth in section 111 of this title), for which such 
veterans have made payment, from sources other than the Department, 
where--
        (1) such care or services were rendered in a medical emergency 
    of such nature that delay would have been hazardous to life or 
    health;
        (2) such care or services were rendered to a veteran in need 
    thereof (A) for an adjudicated service-connected disability, (B) for 
    a non-service-connected disability associated with and held to be 
    aggravating a service-connected disability, (C) for any disability 
    of a veteran who has a total disability permanent in nature from a 
    service-connected disability, or (D) for any illness, injury, or 
    dental condition in the case of a veteran who (i) is a participant 
    in a vocational rehabilitation program (as defined in section 
    3101(9) of this title), and (ii) is medically determined to have 
    been in need of care or treatment to make possible such veteran's 
    entrance into a course of training, or prevent interruption of a 
    course of training, or hasten the return to a course of training 
    which was interrupted because of such illness, injury, or dental 
    condition; and
        (3) Department or other Federal facilities were not feasibly 
    available, and an attempt to use them beforehand would not have been 
    reasonable, sound, wise, or practical.

    (b) In any case where reimbursement would be in order under 
subsection (a) of this section, the Secretary may, in lieu of 
reimbursing such veteran, make payment of the reasonable value of care 
or services directly--
        (1) to the hospital or other health facility furnishing the care 
    or services; or
        (2) to the person or organization making such expenditure on 
    behalf of such veteran.

(Added Pub. L. 93-82, title I, Sec. 106(a), Aug. 2, 1973, 87 Stat. 183, 
Sec. 628; amended Pub. L. 94-581, title II, Secs. 202(n), 210(a)(13), 
Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96-151, title II, 
Sec. 201(d), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 101-237, title II, 
Sec. 202(a), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102-54, 
Sec. 14(b)(14), June 13, 1991, 105 Stat. 284; renumbered Sec. 1728 and 
amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 628 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places in introductory 
provisions.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in introductory provisions and in par. (3).
    Subsec. (a)(2)(D). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3101(9)'' for ``1501(9)''.
    Pub. L. 102-54 substituted ``(i) is'' for ``is (i)''.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    1989--Subsec. (a)(2)(D). Pub. L. 101-237 substituted ``(i) a 
participant in a vocational rehabilitation program (as defined in 
section 1501(9) of this title), and (ii)'' for ``found to be (i) in need 
of vocational rehabilitation under chapter 31 of this title and for whom 
an objective had been selected or (ii) pursuing a course of vocational 
rehabilitation training and''.
    1979--Subsec. (a). Pub. L. 96-151 substituted provisions relating to 
travel and incidental expenses for provisions relating to necessary 
travel.
    1976--Subsec. (a). Pub. L. 94-581 substituted ``as the Administrator 
shall prescribe'' for ``as he shall prescribe'' in provisions preceding 
par. (1), substituted ``delay'' for ``they'' in par. (1), and 
substituted ``make possible such veteran's entrance'' for ``make 
possible his entrance'' in par. (2)(D)(ii).


                    Effective Date of 1989 Amendment

    Section 202(b) of Pub. L. 101-237 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to hospital care and medical services received on or after the date of 
the enactment of this Act [Dec. 18, 1989].''


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206 
of Pub. L. 96-151, set out as a note under section 111 of this title.


                    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 Jan. 1, 1971, 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 section 1725 of this title.
