38 U.S.C. § 1165 — Choice of sex of medical examiner for certain disabilities
submitted 5 years ago by Pub. L. 116-315 to r/title-38-VETERANS-BENEFITS · 158 words · no verdicts yet
This section addresses choice of sex of medical examiner for certain disabilities. It states the specific duties, permissions, limits, exceptions, and other rules set out in the section.
(a) In General.— The Secretary* must ensure that a veteran* who requires a medical examination from a covered medical provider in support of a claim for compensation* under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
(b) Covered Medical Providers.— For purposes of this section, a covered medical provider is any medical provider who is employed by the Department* or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
(c) Notice.— Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary must notify the veteran of the veteran’s rights under subsection (a).
The Secretary* shall ensure that a veteran* who requires a medical examination from a covered medical provider in support of a claim for compensation* under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
For purposes of this section, a covered medical provider is any medical provider who is employed by the Department* or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veteran’s rights under subsection (a).
Source credit: (Added Pub. L. 116–315, title V, § 5502(a), Jan. 5, 2021, 134 Stat. 5050.)
- 2021Enacted · Pub. L. 116-315 · 134 Stat. 5050
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-315 on 2021-01-05.
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