38 U.S.C. § 1710E — Traumatic brain injury: use of non-Department facilities for rehabilitation
submitted 18 years ago by Pub. L. 110-181 to r/title-38-VETERANS-BENEFITS · 260 words · no verdicts yet
The Secretary may use qualified public or private facilities to provide rehabilitation care for people with traumatic brain injuries. Those facilities must meet independent accreditation standards, and State protection and advocacy systems retain their authority.
(a) To carry out a section 1710C plan, the Secretary* may use cooperative agreements with suitable public or private entities that have long-term neurobehavioral rehabilitation and recovery programs to provide hospital care* and medical services*, including the rehabilitative services* defined in section 1710C. (b) The care must be available to an individual described in section 1710C(a) who (1) cannot receive the treatment at the plan’s required frequency or duration, or (2) for whom the Secretary decides the arrangement is best for recovery and rehabilitation. (c) Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 prevents a State* protection and advocacy system, as defined in section 1710C(g), from using its authorities regarding people receiving this treatment in a non-Department* facility. (d) The Secretary may use a non-Department facility only if it maintains treatment standards established by an independent, peer-reviewed organization that accredits specialized adult traumatic-brain-injury rehabilitation programs.
The Secretary*, in implementing and carrying out a plan developed under section 1710C of this title, may provide hospital care* and medical services*, including rehabilitative services* (as defined in section 1710C of this title), through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.
The care and services provided under subsection (a) shall be made available to an individual—
who is described in section 1710C(a) of this title; and
to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or
for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation for such individual.
Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 shall be construed as preventing a State protection and advocacy system (as defined in section 1710C(g) of this title) from exercising the authorities described in such subtitle with respect to individuals provided rehabilitative treatment or services under section 1710C of this title in a non-Department* facility.
The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.
Source credit: (Added Pub. L. 110–181, div. A, title XVII, § 1703(a), Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111–163, title V, § 509, May 5, 2010, 124 Stat. 1162; Pub. L. 112–154, title I, § 107(c), Aug. 6, 2012, 126 Stat. 1173.)
- 2008Enacted · Pub. L. 110-181 · 122 Stat. 489
- 2010Amended · Pub. L. 111-163 · 124 Stat. 1162
- 2012Amended · Pub. L. 112-154 · 126 Stat. 1173
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-181 on 2008-01-28.
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