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Electronic Code of Federal Regulations

e-CFR data is current as of January 23, 2020

Title 38Chapter IPart 17


TITLE 38—Pensions, Bonuses, and Veterans' Relief

CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS

PART 17—MEDICAL

rule

Definitions and Active Duty

§17.1
Incorporation by reference.
§17.30
Definitions.
§17.31
Duty periods defined.

Protection of Patient Rights

§17.32
Informed consent and advance care planning.
§17.33
Patients' rights.

Tentative Eligibility Determinations

§17.34
Tentative eligibility determinations.

Hospital or Nursing Home Care and Medical Services in Foreign Countries

§17.35
Hospital care and outpatient services in foreign countries.

Enrollment Provisions and Medical Benefits Package

§17.36
Enrollment—provision of hospital and outpatient care to veterans.
§17.37
Enrollment not required—provision of hospital and outpatient care to veterans.
§17.38
Medical benefits package.
§17.39
Certain Filipino veterans.
§17.40
Additional services for indigents.

Examinations and Observation and Examination

§17.41
Persons eligible for hospital observation and physical examination.
§17.42
Examinations on an outpatient basis.

Hospital, Domiciliary and Nursing Home Care

§17.43
Persons entitled to hospital or domiciliary care.
§17.44
Hospital care for certain retirees with chronic disability (Executive Orders 10122, 10400 and 11733).
§17.45
Hospital care for research purposes.
§17.46
Eligibility for hospital, domiciliary or nursing home care of persons discharged or released from active military, naval, or air service.
§17.47
Considerations applicable in determining eligibility for hospital care, medical services, nursing home care, or domiciliary care.
§17.48
Compensated Work Therapy/Transitional Residences program.
§17.49
Priorities for outpatient medical services and inpatient hospital care.

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

§17.50
Use of Department of Defense, Public Health Service or other Federal hospitals with beds allocated to the Department of Veterans Affairs.
§17.51
Emergency use of Department of Defense, Public Health Service or other Federal hospitals.

Use of Public or Private Hospitals

§17.52
Hospital care and medical services in non-VA facilities.
§17.53
Limitations on use of public or private hospitals.
§17.54
[Reserved]
§17.55
Payment for authorized public or private hospital care.
§17.56
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

§17.57
Use of community nursing homes.
§17.58
Evacuation of community nursing homes.
§17.60
Extensions of community nursing home care beyond six months.

Community Residential Care

§17.61
Eligibility.
§17.62
Definitions.
§17.63
Approval of community residential care facilities.
§17.64
[Reserved]
§17.65
Approvals and provisional approvals of community residential care facilities.
§17.66
Notice of noncompliance with VA standards.
§17.67
Request for a hearing.
§17.68
Notice and conduct of hearing.
§17.69
Waiver of opportunity for hearing.
§17.70
Written decision following a hearing.
§17.71
Revocation of VA approval.
§17.72
Availability of information.
§17.73
Medical foster homes—general.
§17.74
Standards applicable to medical foster homes.

Use of Services of Other Federal Agencies

§17.80
Alcohol and drug dependence or abuse treatment and rehabilitation in residential and nonresidential facilities by contract.
§17.81
Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities.
§17.82
Contracts for outpatient services for veterans with alcohol or drug dependence or abuse disabilities.
§17.83
Limitations on payment for alcohol and drug dependence or abuse treatment and rehabilitation.

Research-Related Injuries

§17.85
Treatment of research-related injuries to human subjects.

Care During Certain Disasters and Emergencies

§17.86
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

§17.90
Medical care for veterans receiving vocational training under 38 U.S.C. chapter 15.
§17.91
Protection of health-care eligibility.

Outpatient Treatment

§17.92
Outpatient care for research purposes.
§17.93
Eligibility for outpatient services.
§17.94
Outpatient medical services for military retirees and other beneficiaries.
§17.95
Outpatient medical services for Department of Veterans Affairs employees and others in emergencies.
§17.96
Medication prescribed by non-VA physicians.
§17.97
[Reserved]
§17.98
Mental health services.

Charges, Waivers, and Collections

§17.101
Collection or recovery by VA for medical care or services provided or furnished to a veteran for a nonservice-connected disability.
§17.102
Charges for care or services.
§17.103
Referrals of compromise settlement offers.
§17.104
Terminations and suspensions.
§17.105
Waivers.
§17.106
VA collection rules; third-party payers.

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

§17.107
VA response to disruptive behavior of patients.

Copayments

§17.108
Copayments for inpatient hospital care and outpatient medical care.
§17.109
Presumptive eligibility for psychosis and mental illness other than psychosis.
§17.110
Copayments for medication.
§17.111
Copayments for extended care services.

Ceremonies

§17.112
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

§17.113
Conditions of custody.
§17.114
Submittal of claim for reimbursement.
§17.115
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

§17.116
Adjudication of claims.

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

§17.120
Payment or reimbursement for emergency treatment furnished by non-VA providers to certain veterans with service-connected disabilities.
§17.121
Limitations on payment or reimbursement of the costs of emergency treatment not previously authorized.
§17.122
Payment or reimbursement of the expenses of repairs to prosthetic appliances and similar devices furnished without prior authorization.
§17.123
Claimants.
§17.124
Preparation of claims.
§17.125
Where to file claims.
§17.126
Timely filing.
§17.127
Date of filing claims.
§17.128
Allowable rates and fees.
§17.129
Retroactive payments prohibited.
§17.130
Payment for treatment dependent upon preference prohibited.
§17.131
Payment of abandoned claims prohibited.
§17.132
Appeals.

Reconsideration of Denied Claims

§17.133
Procedures.

Delegation of Authority

§17.142
Authority to approve sharing agreements, contracts for scarce medical specialist services and contracts for other medical services.

Prosthetic, Sensory, and Rehabilitative Aids

§17.148
Service dogs.
§17.149
Sensori-neural aids.
§17.150
Prosthetic and similar appliances.
§17.151
Invalid lifts for recipients of aid and attendance allowance or special monthly compensation.
§17.152
Devices to assist in overcoming the handicap of deafness.
§17.153
Training in the use of appliances.
§17.154
Equipment for blind veterans.

Automotive Equipment and Driver Training

§17.155
Minimum standards of safety and quality for automotive adaptive equipment.
§17.156
Eligibility for automobile adaptive equipment.
§17.157
Definition-adaptive equipment.
§17.158
Limitations on assistance.
§17.159
Obtaining vehicles for special driver training courses.

Dental Services

§17.160
Authorization of dental examinations.
§17.161
Authorization of outpatient dental treatment.
§17.162
Eligibility for Class II dental treatment without rating action.
§17.163
Posthospital outpatient dental treatment.
§17.164
Patient responsibility in making and keeping dental appointments.
§17.165
Emergency outpatient dental treatment.
§17.166
Dental services for hospital or nursing home patients and domiciled members.
§17.169
VA Dental Insurance Program for veterans and survivors and dependents of veterans (VADIP).

Autopsies

§17.170
Autopsies.

Veterans Canteen Service

§17.180
Delegation of authority.

Sharing of Medical Facilities, Equipment, and Information

§17.230
Contingency backup to the Department of Defense.
§17.240
Sharing health-care resources.
§17.241
Sharing medical information services.
§17.242
Coordination of programs with Department of Health and Human Services.

Grants for Exchange of Information

§17.250
Scope of the grant program.
§17.251
The Subcommittee on Academic Affairs.
§17.252
Ex officio member of subcommittee.
§17.253
Applicants for grants.
§17.254
Applications.
§17.255
Applications for grants for programs which include construction projects.
§17.256
Amended or supplemental applications.
§17.257
Awards procedures.
§17.258
Terms and conditions to which awards are subject.
§17.259
Direct costs.
§17.260
Patient care costs to be excluded from direct costs.
§17.261
Indirect costs.
§17.262
Authority to approve applications discretionary.
§17.263
Suspension and termination procedures.
§17.264
Recoupments and releases.
§17.265
Payments.
§17.266
Copyrights and patents.

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

§17.270
General provisions.
§17.271
Eligibility.
§17.272
Benefits limitations/exclusions.
§17.273
Preauthorization.
§17.274
Cost sharing.
§17.275
Claim filing deadline.
§17.276
Appeal/review process.
§17.277
Third-party liability/medical care cost recovery.
§17.278
Confidentiality of records.

In Vitro Fertilization and Reimbursement of Adoption Expenses

§17.380
In vitro fertilization treatment.
§17.390
Reimbursement for qualifying adoption expenses incurred by certain veterans.

Hospital Care and Medical Services for Camp Lejeune Veterans and Families

§17.400
Hospital care and medical services for Camp Lejeune veterans.

Hospital Care and Medical Services for Spouses and Families

§17.410
Hospital care and medical services for Camp Lejeune family members.
§17.412
Fertility counseling and treatment for certain spouses.

Authority of Health Care Providers to Practice in VA

§17.415
Full practice authority for advanced practice registered nurses.
§17.417
Health care providers practicing via telehealth.

Center for Innovation for Care and Payment

§17.450
Center for Innovation for Care and Payment.

Confidentiality of Healthcare Quality Assurance Review Records

§17.500
General.
§17.501
Confidential and privileged documents.
§17.502
Applicability of other statutes.
§17.503
Improper disclosure.
§17.504
Disclosure methods.
§17.505
Disclosure authorities.
§17.506
Appeal of decision by Veterans Health Administration to deny disclosure.
§17.507
Employee responsibilities.
§17.508
Access to quality assurance records and documents within the agency.
§17.509
Authorized disclosure: Non-Department of Veterans Affairs requests.
§17.510
Redisclosure.
§17.511
Penalties for violations.

VA Health Professional Scholarship Program

§17.600
Purpose.
§17.601
Definitions.
§17.602
Eligibility.
§17.603
Availability of HPSP scholarships.
§17.604
Application for the HPSP.
§17.605
Selection of participants.
§17.606
Award procedures.
§17.607
Obligated service.
§17.608
Deferment of obligated service.
§17.609
Pay during period of obligated service.
§17.610
Failure to comply with terms and conditions of participation.
§17.611
Bankruptcy.
§17.612
Cancellation, waiver, or suspension of obligation.

Veterans Healing Veterans Medical Access and Scholarship Program

Veterans Healing Veterans Medical Access and Scholarship Program

§17.613
Purpose.
§17.614
Definitions.
§17.615
Eligibility.
§17.616
Award procedures.
§17.617
Agreement and obligated service.
§17.618
Failure to comply with terms and conditions of agreement.

Visual Impairment and Orientation and Mobility Professional Scholarship Program

§17.625
Purpose.
§17.626
Definitions.
§17.627
Eligibility for the VIOMPSP.
§17.628
Availability of VIOMPSP scholarships.
§17.629
Application for the VIOMPSP.
§17.630
Selection of VIOMPSP participants.
§17.631
Award procedures.
§17.632
Obligated service.
§17.633
Deferment of obligated service.
§17.634
Failure to comply with terms and conditions of participation.
§17.635
Bankruptcy.
§17.636
Cancellation, waiver, or suspension of obligation.

Program for Repayment of Educational Loans for Certain VA Psychiatrists

§17.640
Purpose.
§17.641
Definitions.
§17.642
Eligibility.
§17.643
Application for the PREL.
§17.644
Selection of participants.
§17.645
Award procedures.
§17.646
Obligated service.
§17.647
Failure to comply with terms and conditions of participation.

Chaplain Services

§17.655
Ecclesiastical endorsing organizations.

Grants for Transportation of Veterans in Highly Rural Areas

§17.700
Purpose and scope.
§17.701
Definitions.
§17.702
Grants—general.
§17.703
Eligibility and application.
§17.705
Scoring criteria and selection.
§17.710
Notice of Fund Availability.
§17.715
Grant agreements.
§17.720
Payments under the grant.
§17.725
Grantee reporting requirements.
§17.730
Recovery of funds by VA.

Transitional Housing Loan Program

§17.800
Purpose.
§17.801
Definitions.
§17.802
Application provisions.
§17.803
Order of consideration.
§17.804
Loan approval criteria.
§17.805
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

§17.900
Definitions.
§17.901
Provision of health care.
§17.902
Preauthorization.
§17.903
Payment.
§17.904
Review and appeal process.
§17.905
Medical records.

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

§17.1000
Payment or reimbursement for emergency services for nonservice-connected conditions in non-VA facilities.
§17.1001
Definitions.
§17.1002
Substantive conditions for payment or reimbursement.
§17.1003
Emergency transportation.
§17.1004
Filing claims.
§17.1005
Payment limitations.
§17.1006
Decisionmakers.
§17.1007
Independent right of recovery.
§17.1008
Balance billing prohibited.

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

§17.1500
Purpose and scope.
§17.1505
Definitions.
§17.1510
Eligible veterans.
§17.1515
Authorizing non-VA care.
§17.1520
Effect on other provisions.
§17.1525
[Reserved]
§17.1530
Eligible entities and providers.
§17.1535
Payment rates and methodologies.
§17.1540
Claims processing system.

Vet Centers

§17.2000
Vet Center services.

Home Improvements and Structural Alterations (HISA) Program

§17.3100
Purpose and scope.
§17.3101
Definitions.
§17.3102
Eligibility.
§§17.3103-17.3104
[Reserved]
§17.3105
HISA benefit lifetime limits.
§§17.3106-17.3119
[Reserved]
§17.3120
Application for HISA benefits.
§§17.3121-17.3124
[Reserved]
§17.3125
Approving HISA benefits applications.
§17.3126
Disapproving HISA benefits applications.
§§17.3127-17.3129
[Reserved]
§17.3130
HISA benefits payment procedures.

Veterans Community Care Program

§17.4000
Purpose and scope.
§17.4005
Definitions.
§17.4010
Veteran eligibility.
§17.4015
Designated VA medical service lines.
§17.4020
Authorized non-VA care.
§17.4025
Effect on other provisions.
§17.4030
Eligible entities and providers.
§17.4035
Payment rates.
§17.4040
Designated access standards.

Veterans Care Agreements

§17.4100
Definitions.
§17.4105
Purpose and Scope.
§17.4110
Entity or provider certification.
§17.4115
VA use of Veterans Care Agreements.
§17.4120
Payment rates.
§17.4125
Review of Veterans Care Agreements.
§17.4130
Discontinuation of Veterans Care Agreements.
§17.4135
Disputes.
§17.4600
Urgent care.

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