38 USC 1701 - Definitions

U.S Code last checked for updates: Nov 25, 2024

§ 1701.

Definitions

For the purposes of this chapter—

(1)

The term “disability” means a disease, injury, or other physical or mental defect.

(2)

The term “veteran of any war” includes any veteran awarded the Medal of Honor.

(3)

The term “facilities of the Department” means—

(A)

facilities over which the Secretary has direct jurisdiction;

(B)

Government facilities for which the Secretary contracts; and

(C)

public or private facilities at which the Secretary provides recreational activities for patients receiving care under section 1710 of this title.

(4)

The term “non-Department facilities” means facilities other than Department facilities.

(5)

The term “hospital care” includes—

(A)

(i)

medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of section 111 of this title;

(B)

such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of section 1781(b) of this title; and

(C)

(i)

medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran receiving care under the last sentence of section 1781(b) of this title, and (ii) travel and incidental expenses for such dependent or survivor under the terms and conditions set forth in section 111 of this title.

(6)

The term “medical services” includes, in addition to medical examination, treatment, and rehabilitative services, the following:

(A)

Surgical services.

(B)

Dental services and appliances as described in sections 1710 and 1712 of this title.

(C)

Optometric and podiatric services.

(D)

Preventive health services.

(E)

Noninstitutional extended care services, including alternatives to institutional extended care that the Secretary may furnish directly, by contract, or through provision of case management by another provider or payer.

(F)

In the case of a person otherwise receiving care or services under this chapter—

(i)

wheelchairs, artificial limbs, trusses, and similar appliances;

(ii)

special clothing made necessary by the wearing of prosthetic appliances; and

(iii)

such other supplies or services as the Secretary determines to be reasonable and necessary.

(G)

Travel and incidental expenses pursuant to section 111 of this title.

(H)

Chiropractic services.

(I)

The provision of medically necessary van lifts, raised doors, raised roofs, air conditioning, and wheelchair tiedowns for passenger use.

(7)

The term “domiciliary care” includes necessary medical services and travel and incidental expenses pursuant to the provisions of section 111 of this title.

(8)

The term “rehabilitative services” means such professional, counseling, chiropractic, and guidance services and treatment programs as are necessary to restore, to the maximum extent possible, the physical, mental, and psychological functioning of an ill or disabled person.

(9)

The term “preventive health services” means—

(A)

periodic medical and dental examinations;

(B)

patient health education (including nutrition education);

(C)

maintenance of drug use profiles, patient drug monitoring, and drug utilization education;

(D)

mental health preventive services;

(E)

substance abuse prevention measures;

(F)

chiropractic examinations and services;

(G)

immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule;

(H)

prevention of musculoskeletal deformity or other gradually developing disabilities of a metabolic or degenerative nature;

(I)

genetic counseling concerning inheritance of genetically determined diseases;

(J)

routine vision testing and eye care services;

(K)

periodic reexamination of members of likely target populations (high-risk groups) for selected diseases and for functional decline of sensory organs, together with attendant appropriate remedial intervention; and

(L)

such other health-care services as the Secretary may determine to be necessary to provide effective and economical preventive health care.

(10)

The term “recommended adult immunization schedule” means the schedule established (and periodically reviewed and, as appropriate, revised) by the Advisory Committee on Immunization Practices established by the Secretary of Health and Human Services and delegated to the Centers for Disease Control and Prevention.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 601; Pub. L. 86–598, July 7, 1960, 74 Stat. 335; Pub. L. 86–639, § 2, July 12, 1960, 74 Stat. 472; Pub. L. 88–481, Aug. 22, 1964, 78 Stat. 593; Pub. L. 90–612, § 2, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 93–82, title I, § 101, Aug. 2, 1973, 87 Stat. 179; Pub. L. 94–581, title I, § 102, title II, § 202(b), Oct. 21, 1976, 90 Stat. 2843, 2855; Pub. L. 95–520, § 5, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96–22, title I, § 102(c), title II, § 201(a), June 13, 1979, 93 Stat. 48, 54; Pub. L. 96–151, title II, §§ 201(b), 202, Dec. 20, 1979, 93 Stat. 1093, 1094; Pub. L. 97–72, title I, § 101, Nov. 3, 1981, 95 Stat. 1047; Pub. L. 97–251, § 4, Sept. 8, 1982, 96 Stat. 716; Pub. L. 98–105, Sept. 30, 1983, 97 Stat. 730; Pub. L. 98–160, title I, § 106(a), Nov. 21, 1983, 97 Stat. 998; Pub. L. 98–528, title I, § 103(a), Oct. 19, 1984, 98 Stat. 2688; Pub. L. 99–108, § 2, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title I, § 102(a), Dec. 3, 1985, 99 Stat. 943; Pub. L. 99–272, title XIX, §§ 19011(d)(2), 19012(a), Apr. 7, 1986, 100 Stat. 378, 380; Pub. L. 99–576, title II, § 203, Oct. 28, 1986, 100 Stat. 3255; Pub. L. 100–322, title I, § 131, May 20, 1988, 102 Stat. 506; Pub. L. 102–54, § 14(b)(8), June 13, 1991, 105 Stat. 283; renumbered § 1701 and amended Pub. L. 102–83, §§ 4(a)(2)(E), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513, Nov. 4, 1992, 106 Stat. 4958; Pub. L. 103–446, title XII, § 1202(b)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104–262, title I, §§ 101(d)(1), 103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; Pub. L. 106–117, title I, § 101(b), Nov. 30, 1999, 113 Stat. 1548; Pub. L. 107–135, title II, § 208(a)(1), (e)(2), Jan. 23, 2002, 115 Stat. 2461, 2463; Pub. L. 107–330, title III, § 308(g)(3), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108–170, title I, §§ 104(a), 106(a), Dec. 6, 2003, 117 Stat. 2044, 2045; Pub. L. 110–387, title III, § 301(a)(1), title VIII, § 801, Oct. 10, 2008, 122 Stat. 4120, 4140; Pub. L. 114–315, title VI, § 602(a), Dec. 16, 2016, 130 Stat. 1569; Pub. L. 115–141, div. J, title II, § 245(b), Mar. 23, 2018, 132 Stat. 823; Pub. L. 117–333, § 22, Jan. 5, 2023, 136 Stat. 6138.)

cite as: 38 USC 1701