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e-CFR data is current as of November 25, 2015

Title 38Chapter IPart 17

TITLE 38—Pensions, Bonuses, and Veterans' Relief




Definitions and Active Duty

Incorporation by reference.
Duty periods defined.

Protection of Patient Rights

Informed consent and advance care planning.
Patients' rights.

Tentative Eligibility Determinations

Tentative eligibility determinations.

Hospital or Nursing Home Care and Medical Services in Foreign Countries

Hospital care and medical services in foreign countries.

Enrollment Provisions and Medical Benefits Package

Enrollment—provision of hospital and outpatient care to veterans.
Enrollment not required—provision of hospital and outpatient care to veterans.
Medical benefits package.
Certain Filipino veterans.
Additional services for indigents.

Examinations and Observation and Examination

Persons eligible for hospital observation and physical examination.
Examinations on an outpatient basis.

Hospital, Domiciliary and Nursing Home Care

Persons entitled to hospital or domiciliary care.
Hospital care for certain retirees with chronic disability (Executive Orders 10122, 10400 and 11733).
Hospital care for research purposes.
Eligibility for hospital, domiciliary or nursing home care of persons discharged or released from active military, naval, or air service.
Considerations applicable in determining eligibility for hospital care, medical services, nursing home care, or domiciliary care.
Compensated Work Therapy/Transitional Residences program.
Priorities for outpatient medical services and inpatient hospital care.

Use of Department of Defense, Public Health Service or Other Federal Hospitals

Use of Department of Defense, Public Health Service or other Federal hospitals with beds allocated to the Department of Veterans Affairs.
Emergency use of Department of Defense, Public Health Service or other Federal hospitals.

Use of Public or Private Hospitals

Hospital care and medical services in non-VA facilities.
Limitations on use of public or private hospitals.
Necessity for prior authorization.
Payment for authorized public or private hospital care.
VA payment for inpatient and outpatient health care professional services at non-departmental facilities and other medical charges associated with non-VA outpatient care.

Use of Community Nursing Home Care Facilities

Use of community nursing homes.
Evacuation of community nursing homes.
Extensions of community nursing home care beyond six months.

Community Residential Care

Approval of community residential care facilities.
Approvals and provisional approvals of community residential care facilities.
Notice of noncompliance with VA standards.
Request for a hearing.
Notice and conduct of hearing.
Waiver of opportunity for hearing.
Written decision following a hearing.
Revocation of VA approval.
Availability of information.
Medical foster homes—general.
Standards applicable to medical foster homes.

Use of Services of Other Federal Agencies

Alcohol and drug dependence or abuse treatment and rehabilitation in residential and nonresidential facilities by contract.
Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities.
Contracts for outpatient services for veterans with alcohol or drug dependence or abuse disabilities.
Limitations on payment for alcohol and drug dependence or abuse treatment and rehabilitation.

Research-Related Injuries

Treatment of research-related injuries to human subjects.

Care During Certain Disasters and Emergencies

Provision of hospital care and medical services during certain disasters and emergencies under 38 U.S.C. 1785.

Vocational Training and Health-Care Eligibility Protection for Pension Recipients

Medical care for veterans receiving vocational training under 38 U.S.C. chapter 15.
Protection of health-care eligibility.

Outpatient Treatment

Outpatient care for research purposes.
Eligibility for outpatient services.
Outpatient medical services for military retirees and other beneficiaries.
Outpatient medical services for Department of Veterans Affairs employees and others in emergencies.
Medication prescribed by non-VA physicians.
Prescriptions in Alaska, and territories and possessions.
Mental health services.

Charges, Waivers, and Collections

Collection or recovery by VA for medical care or services provided or furnished to a veteran for a nonservice-connected disability.
Charges for care or services.
Referrals of compromise settlement offers.
Terminations and suspensions.
VA collection rules; third-party payers.

Disciplinary Control of Beneficiaries Receiving Hospital, Domiciliary or Nursing Home Care

VA response to disruptive behavior of patients.


Copayments for inpatient hospital care and outpatient medical care.
Presumptive eligibility for psychosis and mental illness other than psychosis.
Copayments for medication.
Copayments for extended care services.


Services or ceremonies on Department of Veterans Affairs hospital or center reservations.

Reimbursement for Loss By Natural Disaster of Personal Effects of Hospitalized or Nursing Home Patients

Conditions of custody.
Submittal of claim for reimbursement.
Claims in cases of incompetent patients.

Reimbursement to Employees for the Cost of Repairing or Replacing Certain Personal Property Damaged or Destroyed by Patients or Members

Adjudication of claims.

Payment and Reimbursement of the Expenses of Medical Services Not Previously Authorized

Payment or reimbursement for emergency treatment furnished by non-VA providers to certain veterans with service-connected disabilities.
Limitations on payment or reimbursement of the costs of emergency treatment not previously authorized.
Payment or reimbursement of the expenses of repairs to prosthetic appliances and similar devices furnished without prior authorization.
Preparation of claims.
Where to file claims.
Timely filing.
Date of filing claims.
Allowable rates and fees.
Retroactive payments prohibited.
Payment for treatment dependent upon preference prohibited.
Payment of abandoned claims prohibited.

Reconsideration of Denied Claims


Delegations of Authority

Authority to adjudicate reimbursement claims.
Authority to adjudicate foreign reimbursement claims.
Authority to approve sharing agreements, contracts for scarce medical specialist services and contracts for other medical services.

Prosthetic, Sensory, and Rehabilitative Aids

Service dogs.
Sensori-neural aids.
Prosthetic and similar appliances.
Invalid lifts for recipients of aid and attendance allowance or special monthly compensation.
Devices to assist in overcoming the handicap of deafness.
Training in the use of appliances.
Equipment for blind veterans.

Automotive Equipment and Driver Training

Minimum standards of safety and quality for automotive adaptive equipment.
Eligibility for automobile adaptive equipment.
Definition-adaptive equipment.
Limitations on assistance.
Obtaining vehicles for special driver training courses.

Dental Services

Authorization of dental examinations.
Authorization of outpatient dental treatment.
Eligibility for Class II dental treatment without rating action.
Posthospital outpatient dental treatment.
Patient responsibility in making and keeping dental appointments.
Emergency outpatient dental treatment.
Dental services for hospital or nursing home patients and domiciled members.
VA Dental Insurance Program for veterans and survivors and dependents of veterans (VADIP).



Veterans Canteen Service

Delegation of authority.

Aid to States for Care of Veterans in State Homes

Recognition of a State home.
Filing applications.
Approval of annexes and new facilities.
Prerequisites for payments to State homes.
Aid for domiciliary care.
Aid for hospital care.
Amount of aid payable.
Department of Veterans Affairs approval of eligibility required.
Inspection of recognized State homes.
Audit of State homes.

Sharing of Medical Facilities, Equipment, and Information

Contingency backup to the Department of Defense.
Sharing health-care resources.
Sharing medical information services.
Coordination of programs with Department of Health and Human Services.

Grants for Exchange of Information

Scope of the grant program.
The Subcommittee on Academic Affairs.
Ex officio member of subcommittee.
Applicants for grants.
Applications for grants for programs which include construction projects.
Amended or supplemental applications.
Awards procedures.
Terms and conditions to which awards are subject.
Direct costs.
Patient care costs to be excluded from direct costs.
Indirect costs.
Authority to approve applications discretionary.
Suspension and termination procedures.
Recoupments and releases.
Copyrights and patents.

Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)—Medical Care for Survivors and Dependents of Certain Veterans

General provisions.
Benefits limitations/exclusions.
Cost sharing.
Claim filing deadline.
Appeal/review process.
Third-party liability/medical care cost recovery.
Confidentiality of records.

Grants to the Republic of the Philippines

The program of assistance to the Philippines.
Grants for the replacement and upgrading of equipment at Veterans Memorial Medical Center.
Amounts and use of grant funds for the replacement and upgrading of equipment.
Awards procedures.
Acceptance of medical supplies as payment.
Length of stay.
Eligibility determinations.
Admission priorities.
Authorization of emergency admissions.
Republic of the Philippines to print forms.
Termination of payments.

Hospital Care and Medical Services for Camp Lejeune Veterans and Families

Hospital care and medical services for Camp Lejeune veterans.

Hospital Care and Medical Services for Camp Lejeune Veterans and Families

Hospital care and medical services for Camp Lejeune family members.

Confidentiality of Healthcare Quality Assurance Review Records

Confidential and privileged documents.
Applicability of other statutes.
Improper disclosure.
Disclosure methods.
Disclosure authorities.
Appeal of decision by Veterans Health Administration to deny disclosure.
Employee responsibilities.
Access to quality assurance records and documents within the agency.
Authorized disclosure: Non-Department of Veterans Affairs requests.
Penalties for violations.

VA Health Professional Scholarship Program

Availability of HPSP scholarships.
Application for the HPSP.
Selection of participants.
Award procedures.
Obligated service.
Deferment of obligated service.
Pay during period of obligated service.
Failure to comply with terms and conditions of participation.
Cancellation, waiver, or suspension of obligation.

Visual Impairment and Orientation and Mobility Professional Scholarship Program

Eligibility for the VIOMPSP.
Availability of VIOMPSP scholarships.
Application for the VIOMPSP.
Selection of VIOMPSP participants.
Award procedures.
Obligated service.
Deferment of obligated service.
Failure to comply with terms and conditions of participation.
Cancellation, waiver, or suspension of obligation.

Grants for Transportation of Veterans in Highly Rural Areas

Purpose and scope.
Eligibility and application.
Scoring criteria and selection.
Notice of Fund Availability.
Grant agreements.
Payments under the grant.
Grantee reporting requirements.
Recovery of funds by VA.

Transitional Housing Loan Program

Application provisions.
Order of consideration.
Loan approval criteria.
Additional terms of loans.

Health Care Benefits for Certain Children of Vietnam Veterans and Veterans with Covered Service in Korea—Spina Bifida and Covered Birth Defects

Provision of health care.
Review and appeal process.
Medical records.

Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities

Payment or reimbursement for emergency services for nonservice-connected conditions in non-VA facilities.
Substantive conditions for payment or reimbursement.
Emergency transportation.
Filing claims.
Payment limitations.
Independent right of recovery.
Balance billing prohibited.

Expanded Access to Non-VA Care Through the Veterans Choice Program

Purpose and scope.
Eligible veterans.
Authorizing non-VA care.
Effect on other provisions.
Start date for eligible veterans.
Eligible entities and providers.
Payment rates and methodologies.
Claims processing system.

Vet Centers

Vet Center services.

Home Improvements and Structural Alterations (HISA) Program

Purpose and scope.
HISA benefit lifetime limits.
Application for HISA benefits.
Approving HISA benefits applications.
Disapproving HISA benefits applications.
HISA benefits payment procedures.

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