The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Social Security Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

2011—Subsec. (a)(3)(B)(ii). Pub. L. 111–350, § 5(j)(8)(A), substituted “section 1707 of title 41” for “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)”.

Subsec. (a)(3)(D). Pub. L. 111–350, § 5(j)(8)(B), substituted “section 3304(e) of title 41” for “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))”.

2003—Subsec. (g). Pub. L. 108–170, in introductory provisions, substituted “not later than February 1 of each year” for “not more than 60 days after the end of each fiscal year” and inserted “during the preceding fiscal year” after “under this section”.

2000—Subsec. (a)(3)(B)(ii). Pub. L. 106–419 amended directory language of Pub. L. 105–114, § 402(e). See 1997 Amendment note below.

1997—Subsec. (a)(3)(A). Pub. L. 105–114, § 402(d), inserted “(including any Executive order, circular, or other administrative policy)” after “law or regulation”.

Subsec. (a)(3)(B)(ii). Pub. L. 105–114, § 402(e), as amended by Pub. L. 106–419, inserted “, as appropriate,” after “all responsible sources” in third sentence.

1996—Pub. L. 104–262, § 301(d)(1), substituted “Sharing of health-care resources” for “Specialized medical resources” in section catchline.

Subsec. (a)(1). Pub. L. 104–262, § 301(c)(1)(A), substituted “health-care resources” for “certain specialized medical resources”, “other health-care resources” for “other medical resources”, and “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual” for “of—

“(A) specialized medical resources between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and

“(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title”.

Subsec. (a)(2). Pub. L. 104–262, § 301(c)(1)(B), substituted “if such resources are not, or would not be,” for “only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans’ care are not”.

Subsec. (a)(3). Pub. L. 104–262, § 301(c)(1)(C), added par. (3).

Subsec. (b). Pub. L. 104–262, § 301(c)(2), substituted “payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.” for “reciprocal reimbursement based on a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.”

Subsec. (d). Pub. L. 104–262, § 301(c)(3), substituted “preclude such payment to such facility for such care or services” for “preclude such payment, in accordance with—

“(1) rates prescribed by the Secretary of Health and Human Services, after consultation with the Secretary, and

“(2) procedures jointly prescribed by the two Secretaries to assure reasonable quality of care and services and efficient and economical utilization of resources,

to such facility therefor”.

Subsecs. (e) to (g). Pub. L. 104–262, § 301(c)(4), added subsecs. (e) and (f) and redesignated former subsec. (e) as (g).

1993—Subsec. (a). Pub. L. 103–210 designated existing provisions as par. (1) and substituted “other form of agreement for the mutual use, or exchange of use, of—” along with subpars. (A) and (B) and par. (2), for “other form of agreement, as set forth in clauses (1) and (2) below, between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools:

“(1) for the mutual use, or exchange of use, of specialized medical resources when such an agreement will obviate the need for a similar resource to be provided in a Department health care facility; or

“(2) for the mutual use, or exchange of use, of specialized medical resources in a Department health care facility, which have been justified on the basis of veterans’ care, but which are not utilized to their maximum effective capacity.”

1991—Pub. L. 102–40 renumbered section 5053 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (c). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “under this section” for “hereunder”.

Subsec. (d). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions.

Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (d)(2). Pub. L. 102–83, § 4(b)(2)(D), substituted “the two Secretaries” for “the Secretary and the Administrator”.

Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

1990—Subsec. (a). Pub. L. 101–366, § 202(b)(1), substituted “health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools” for “hospitals and other hospitals (or other medical installations having hospital facilities or organ banks, blood banks, or similar institutions) or medical schools or clinics in the medical community” and struck out at end “The Administrator may determine the geographical limitations of a medical community as used in this section.”

Subsec. (b). Pub. L. 101–366, § 202(b)(2), substituted in first sentence “a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.” for “a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment.” and inserted before period at end of second sentence “and to funds that have been allotted to the facility that furnished the resource involved”.

1986—Subsec. (e). Pub. L. 99–576 added subsec. (e).

1983—Subsec. (d). Pub. L. 98–160 substituted “title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)” for “subchapter XVIII of chapter 7 of title 42”.

1982—Subsec. (d)(1). Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare”.

1979—Subsec. (a). Pub. L. 96–151 inserted provisions relating to applicability to organ banks, blood banks, or similar institutions.

1976—Subsec. (a). Pub. L. 94–581, §§ 206(c), 210(e)(11), substituted “when the Administrator determines” for “when he determines” and “clauses” for “paragraphs” in provisions preceding cl. (1), and inserted “health care” after “Veterans’ Administration” in cls. (1) and (2).

Subsec. (c). Pub. L. 94–581, § 206(c)(2), inserted “health care” after “Veterans’ Administration” in two places.

Subsec. (d). Pub. L. 94–581, § 115(a)(1), inserted subsec. (d).

1973—Subsec. (a). Pub. L. 93–82 struck out “or medical schools” from parenthetical and inserted “or medical schools or clinics” after parenthetical.

1970—Subsec. (a)(1). Pub. L. 91–496 substituted “for the mutual use, or exchange of use,” for “for the exchange of use”.

Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by section 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted.

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.

Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.

Pub. L. 94–581, title I, § 115(c), Oct. 21, 1976, 90 Stat. 2853, provided that at such time as the rates and procedures described in subsec. (d) of this section were prescribed, the Secretary of Health, Education, and Welfare [now Secretary of Health and Human Services], in consultation with the Administrator of Veterans’ Affairs, was to submit to the Committee on Ways and Means and the Committee on Veterans’ Affairs of the House of Representatives and to the Committee on Finance and the Committee on Veterans’ Affairs of the Senate a full report describing such rates and procedures.