38 U.S.C. § 401

DEVELOPMENT OF CRITERIA FOR DESIGNATION OF CERTAIN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS AS UNDERSERVED FACILITIES AND PLAN TO ADDRESS PROBLEM OF UNDERSERVED FACILITIES.

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“(a)In General.—Not later than 180 days after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall develop criteria to designate medical centers, ambulatory care facilities, and community based outpatient clinics of the Department of Veterans Affairs as underserved facilities.“(b)Consideration.—Criteria developed under subsection (a) shall include consideration of the following with respect to a facility:“(1) The ratio of veterans to health care providers of the Department of Veterans Affairs for a standardized geographic area surrounding the facility, including a separate ratio for general practitioners and specialists.“(2) The range of clinical specialties covered by such providers in such area.“(3) Whether the local community is medically underserved.“(4) The type, number, and age of open consults.“(5) Whether the facility is meeting the wait-time goals of the Department or the applicable access standards developed under section 1703B of title 38, United States Code.“(6) Such other criteria as the Secretary considers important in determining which facilities are not adequately serving area veterans.“(c)Analysis of Facilities.—Not less frequently than annually, directors of Veterans Integrated Service Networks of the Department shall perform an analysis to determine which facilities within that Veterans Integrated Service Network qualify as underserved facilities pursuant to criteria developed under subsection (a).“(d)Annual Plan To Address Underserved Facilities.—“(1)Plan required.—Not later than 1 year after the date of the enactment of this Act [June 6, 2018] and not less frequently than once each year, the Secretary shall submit to Congress a plan to address the problem of underserved facilities of the Department, as designated pursuant to criteria developed under subsection (a).“(2)Contents.—Each plan submitted under paragraph (1) shall address the following:“(A) Increasing personnel or temporary personnel assistance, including mobile deployment teams furnished under section 402 of this Act.“(B) Providing special hiring incentives, including under the Education Debt Reduction Program under subchapter VII of chapter 76 of title 38, United States Code, and recruitment, relocation, and retention incentives.“(C) Using direct hiring authority.“(D) Improving training opportunities for staff.“(E) Such other actions as the Secretary considers appropriate.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1968–2021 · leading case: Jaffee v. United States, 663 F.2d 1226 (3rd Cir. 1981).

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Jaffee v. United States, 663 F.2d 1226 (3rd Cir. 1981). “38 U.S.C. §§ 401 — 423: dependency and indemnity compensation for service connected deaths.”

Russell Hall v. United States, 451 F.2d 353 (1st Cir. 1971). “See 38 U.S.C. § 401 et seq. Even more basic, we reject plaintiff’s contention that Feres is inapplicable in any case where no military discipline was involved — “there must [he says] be a rational connection between the activity which injured plaintiff and the discipline.”

Dorothy L. Buckingham, in Her Own Right & as Adm'x of the Est. of Elvin E. Buckingham, Deceased v. United States, 394 F.2d 483 (4th Cir. 1968). “month under 38 U.S.C. § 401 et seq. 3 . See, e. g., Norris v.”

Eckles v. United States, 471 F. Supp. 108 (M.D. Penn. 1979). “He was authorized to use the aircraft only because of his membership in the Club. Apparently the plane entered into a spin or stall/spin, from which he was unable to recover.”

Est. of Seitz v. Dep't of Revenue, 6 Or. Tax 241 (Or. T.C. 1975). · cites it 2× “The decedent, an Oregon resident, was killed on December 22, 1972, while flying for the Oregon Air National Guard, thereby coming within the definition of “veteran” in 38 USC § 401 . ① Plaintiff’s personal representative filed an inheritance tax report, omitting any value…”

Gertrude M. Croteau v. United States, 823 F.2d 539 (Fed. Cir. 1987). “38 U.S.C. §§ 401 , 411. In 1946, Mrs. Croteau married Robert L.”

Croteau v. United States, 10 Cl. Ct. 631 (Ct. Cl. 1986). “Due to her husband’s death, the plaintiff elected to receive, and did receive, Dependency and Indemnity Compensation (DIC) from the Veterans Administration (VA), pursuant to 38 U.S.C. § 401 et seq. DIC benefits are monthly payments that are provided to the survivors of members…”

Chaba v. United States Postal Serv. (N.D. Ill. 2021). “at 484 (citations and some internal quotation marks omitted) (first quoting 38 U.S.C. § 401 (1), and then quoting id.”

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