38 USC 1785 - Care and services during certain disasters and emergencies

U.S Code last checked for updates: Feb 22, 2025

§ 1785.

Care and services during certain disasters and emergencies

(a)

Authority To Provide Hospital Care and Medical Services.—

During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency.

(b)

Covered Disasters and Emergencies.—

A disaster or emergency referred to in this subsection is any disaster or emergency as follows:

(1)

A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2)

A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh) 1

 See References in Text note below.

is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law.

(c)

Applicability to Eligible Individuals Who Are Veterans.—

The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under section 1705 of this title.

(d)

Reimbursement From Other Federal Departments and Agencies.—

(1)

The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such department or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service furnished.

(2)

Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under section 1729A of this title.

(e)

Report to Congressional Committees.—

Within 60 days of the commencement of a disaster or emergency referred to in subsection (b) in which the Secretary furnishes care and services under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to furnish such care and services.

(f)

Regulations.—

The Secretary shall prescribe regulations governing the exercise of the authority of the Secretary under this section.

(Added Pub. L. 107–287, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2028; amended Pub. L. 109–444, § 8(a)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(a)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 111–275, title X, § 1001(c)(2), Oct. 13, 2010, 124 Stat. 2896.)

cite as: 38 USC 1785