U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 17— HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › Subchapter SUBCHAPTER VIII— HEALTH CARE OF PERSONS OTHER THAN VETERANS

38 U.S.C. § 1785

Care and services during certain disasters and emergencies

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(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) 11 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.)Editorial NotesReferences in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Section 2812 of the Public Health Service Act, referred to in subsec. (b)(2), is classified to section 300hh–11 of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 1785 was renumbered section 3685 of this title.

Amendments

2010—Subsec. (b)(2). Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and struck out “paragraph (3)(A) of” before “that section”.

2006—Subsec. (b)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, § 1004(a)(2), substituted “Robert T.” for “Robert B.”.

Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42.

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions
Cited in 6 cases, 1977–1985 · leading case: State of Colo. v. Vets. Admin., 430 F. Supp. 551 (D. Colo. 1977).
Sort: Relevance Newest Treatment
State of Colo. v. Vets. Admin., 430 F. Supp. 551 (D. Colo. 1977). · cites it 10× “Plaintiffs complain that the actions of defendants in enforcing purported liability on the part of plaintiffs’ several institutions of higher education, pursuant to 38 U.S.C. § 1785 , are unlawful. Plaintiffs seek declaratory relief to the effect that 38 U.”
Colorado v. Vets. Admin., 602 F.2d 926 (10th Cir. 1979). · cites it 6× “The trial court held that 38 U.S.C. § 1785 relating to the collection of “overpayments” by the VA was constitutional, that the Administrative Act should be followed on the claims, and that the decisions of the Veterans Administration Administrator under 38 U.”
United States v. Steinberg, 553 F. Supp. 184 (D. Mass. 1982). · cites it 3× “Even if the United States were permitted to amend its complaint so as to seek recovery under 38 U.S.C. § 1785 , it still would not be entitled to summary judgment.”
United States v. Brandon, 601 F. Supp. 795 (W.D.N.C. 1985). · cites it 3× “The suit is based on 38 U.S.C. §§ 1785 (a), 1785(b), 1780(a)(4) and 1780(e).”
United States v. Reinhardt Coll., 597 F. Supp. 522 (N.D. Ga. 1983). · cites it 9× “Such excess payments are classified as overpayments and are recoverable from the school pursuant to 38 USC § 1785 : Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an…”
United States v. Garrahan, 614 F. Supp. 152 (N.D. Fla. 1985). “One result of this finding was the addition of 38 U.S.C. § 1785 (a) clearly stating that when the administrator finds an overpayment has been made for a veteran, that amount constitutes a liability of such veteran.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.