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. § 1788

Transplant procedures with live donors and related services

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(a)In General.—Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department.(b)Other Services.—Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure.(c)Use of Non-Department Facilities.—In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.(Added Pub. L. 115–182, title I, § 153(a), June 6, 2018, 132 Stat. 1437; amended Pub. L. 115–251, title II, § 211(a)(10), Sept. 29, 2018, 132 Stat. 3175.)Editorial NotesAmendments

2018—Subsec. (c). Pub. L. 115–251 substituted “this title” for “this chapter”.

Notes of Decisions
Cited in 7 cases, 1977–1985 · leading case: The Evergreen State Coll. v. Max Cleland, Adm'r, Vets. Admin., 621 F.2d 1002 (9th Cir. 1980).
Sort: Relevance Newest Treatment
The Evergreen State Coll. v. Max Cleland, Adm'r, Vets. Admin., 621 F.2d 1002 (9th Cir. 1980). · cites it 13× “§ 1681 ), and the measure of time the veteran is engaged in study found to be either institutional or cooperative ( 38 U.S.C. § 1788 (a)(4) and (5)). 4 *1005 The administrative provisions of the Act relating to payment of education assistance or subsistence authorize the…”
Wayne State Univ. v. Cleland, 440 F. Supp. 811 (E.D. Mich. 1977). · cites it 10× “The defendants argue that the four credit open circuit television course and the four credit weekend conference course of the Weekend College Program are not “full-time” courses within the meaning of 38 U.S.C. § 1788 (a)(4) because the students enrolled in these courses spend…”
Wayne State Univ. v. Max Cleland, 590 F.2d 627 (6th Cir. 1978). · cites it 2× “Congress has defined full-time course of study in 38 U.S.C. § 1788 (a)(4) as follows: an institutional undergraduate course offered by' a college or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of fourteen semester hours…”
Hartmann v. United States, 615 F. Supp. 446 (E.D.N.Y 1985). “regulations defining a full-time course of study that qualifies for educational assistance benefits under 38 U.S.C. § 1788 (a)(4). 590 F.2d 627 (6th Cir.”
Evergreen State Coll. v. Cleland, 467 F. Supp. 508 (W.D. Wash. 1979). · cites it 3× “4272(d) as amended, except insofar as they were applied to the circumstances described in 38 U.S.C. § 1788 (a)(4)(A). In light of the new information made available for the Court’s consideration only by way of the instant motion, the Court finds that its Order must be modified.”
Merged Area X v. Cleland, 604 F.2d 1075 (8th Cir. 1979). “, as the minimum a veteran can carry and still be considered a full-time student, and (2) does the VA have the authority to define “semester hours” as twelve hours in class per week for one standard semester term? The answer to the first question lies in the proper…”
Letellier v. Cleland, 437 F. Supp. 936 (S.D. Iowa 1977). · cites it 2× “See 38 U.S.C. § 1788 (a)(4). On the other hand, course programs for veterans attending schools not qualified or accredited as an institution of higher learning, which award diplomas rather than a standard college degree, are measured on a clock basis.”
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.