r/title-38-VETERANS-BENEFITS wiki — defined terms
The statute’s own glossary: every term Title 38 defines, in section order.
“Third Party Administrator” applies in that section
The term “Third Party Administrator” means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title .
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.;
“covered veterans” applies in that section
The term “covered veterans” means veterans described in section 1703(b) of this title .
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.;
“clean electronic claim” applies in that section
The term “clean electronic claim” means the transmission of data for purposes of payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.;
“clean paper claim” applies in that section
The term “clean paper claim” means a paper claim for payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.;
“fraudulent claims” applies in that section
The term “fraudulent claims” means the knowing misrepresentation of a material fact or facts by a health care entity or provider made to induce the Secretary to pay a claim that was not legally payable to that provider.;
“health care entity or provider” applies in that section
The term “health care entity or provider” includes any non-Department health care entity or provider, but does not include any Federal health care entity or provider.
“Federal health care program” applies in that section
the term “Federal health care program” means— (i) an insurance program described in section 1811 of the Social Security Act ( 42 U.S.C. 1395c ) or established by section 1831 of such Act ( 42 U.S.C. 1395j ); (ii) a State plan for medical assistance approved under title XIX of such Act ( 42 U.S.C. 1396 et seq.); or (iii) a TRICARE program operated under sections 1075, 1075a, 1076, 1076a, 1076c, 1076d, 1076e, or 1076f of title 10. (b) Duration .— Each pilot program carried out by the Secretary under this section shall terminate no later than 5 years after the date of the commencement of the pilot program.
“joint resolution” applies in that section
the term “joint resolution” means only a joint resolution which is introduced within the period of five legislative days beginning on the date on which the Secretary transmits the report to the Congress under such paragraph (2), and— (i) which does not have a preamble; and (ii) the matter after the resolving clause of which is as follows: “that Congress approves the request for a waiver under section 1703E(f) of title 38 , United States Code, as submitted by the Secretary on __________”, the blank space being filled with the appropriate date.
“credentials verification organization” applies in that section
The term “credentials verification organization” means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care Agreement.;
“non-Department health care services” applies in that section
The term “non-Department health care services” means services— (A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title ); (B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note); (C) purchased through the Medical Community Care account of the Department; or (D) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note).
“Third Party Administrator” applies in that section
The term “Third Party Administrator” means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title .;
“Veterans Care Agreement” applies in that section
The term “Veterans Care Agreement” means an agreement for non-Department health care services entered into under section 1703A of this title .;
“health-plan contract” applies in that section
the term “health-plan contract” has the meaning given that term in section 1725(h) of this title .
“Fisher house” applies in that section
the term “Fisher house” means a housing facility that— (1) is located at, or in proximity to, a Department medical facility; (2) is available for residential use on a temporary basis by patients of that facility and others described in subsection (b)(2); and (3) is constructed by, and donated to the Secretary by, the Zachary and Elizabeth M. Fisher Armed Services Foundation. (d) The Secretary may establish charges for providing lodging under this section. The proceeds from such charges shall be credited to the medical services account and shall be available until expended for the purposes of providing such lodging. (e) The Secretary shall prescribe regulations to carry out this section.
“teleconsultation” applies in that section
the term “teleconsultation” means the use by a health care specialist of telecommunications to assist another health care provider in rendering a diagnosis or treatment.
“inpatient Medicare deductible” applies in that section
the term “inpatient Medicare deductible” means the amount of the inpatient hospital deductible in effect under section 1813(b) of the Social Security Act ( 42 U.S.C. 1395e(b) ) on the first day of the 365-day period applicable under paragraph (3) of this subsection.
“radiation-exposed veteran” applies in that section
The term “radiation-exposed veteran” has the meaning given that term in section 1112(c)(3) of this title .;
“toxic exposure risk activity” applies in that section
The term “toxic exposure risk activity” means any activity— (i) that requires a corresponding entry in an exposure tracking record system (as defined in section 1119(c) of this title ) for the veteran who carried out the activity; or (ii) that the Secretary determines qualifies for purposes of this subsection when taking into account what is reasonably prudent to protect the health of veterans.
“Vietnam-era herbicide-exposed veteran” applies in that section
The term “Vietnam-era herbicide-exposed veteran” means a veteran who— (i) performed covered service, as defined in section 1116(d) of this title ; or (ii) the Secretary finds may have been exposed during active military, naval, air, or space service to dioxin during the Vietnam era, regardless of the geographic area of such service, or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such era, regardless of the geographic area of such service.;
“rehabilitative services” applies in that section
the term “rehabilitative services” includes— (1) rehabilitative services, as defined in section 1701 of this title ; (2) treatment and services (which may be of ongoing duration) to sustain, and prevent loss of, functional gains that have been achieved; and (3) any other rehabilitative services or supports that may contribute to maximizing an individual’s independence.
“State protection and advocacy system” applies in that section
the term “State protection and advocacy system” means a system established in a State under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.) to protect and advocate for the rights of persons with development disabilities. (h) Rehabilitative Services Defined .— For purposes of this section, and sections 1710D and 1710E of this title,
“active service” applies in that section
The term “active service” has the meaning given that term in section 101 of title 10 .;
“civil disorder” applies in that section
The term “civil disorder” has the meaning given that term in section 232 of title 18 .;
“covered educational assistance benefits” applies in that section
The term “covered educational assistance benefits” means educational assistance benefits provided pursuant to— (A) chapter 30, 31, 32, or 33 of this title; (B) chapter 1606 or 1607 of title 10; (C) section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 ; 38 U.S.C. 3001 note); or (D) section 8006 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 38 U.S.C. 3001 note prec.).
“Department general health-care facility” applies in that section
The term “Department general health-care facility” means a health-care facility which is operated by the Department for the furnishing of health-care services under this chapter, not limited to services provided through the program established under this section. (3) The term “family member”, with respect to a veteran or member of the Armed Forces, means an individual who— (A) is a member of the family of the veteran or member, including— (i) a parent; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) lives with the veteran or member but is not a member of the family of the veteran or member.;
“Vet Center” applies in that section
The term “Vet Center” means a facility which is operated by the Department for the provision of services under this section and which is situated apart from Department general health care facilities.;
“medical foster home” applies in that section
the term “medical foster home” means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting.
“non-Department nursing home” applies in that section
the term “non-Department nursing home” means a public or private institution not under the direct jurisdiction of the Secretary which furnishes nursing home care. (f) (1) (A) The Secretary may furnish adult day health care services to a veteran enrolled under section 1705(a) of this title who would otherwise require nursing home care. (B) The Secretary may provide in-kind assistance (through the services of Department employees and the sharing of other Department resources) to a facility furnishing care to veterans under subparagraph (A) of this paragraph. Any such in-kind assistance shall be provided under a contract or agreement between the Secretary and the facility concerned.
“respite care services” applies in that section
the term “respite care services” means care and services which— (1) are of limited duration; (2) are furnished on an intermittent basis to a veteran who is suffering from a chronic illness and who resides primarily at home; and (3) are furnished for the purpose of helping the veteran to continue residing primarily at home. (c) In furnishing respite care services, the Secretary may enter into contract arrangements.
“case management services” applies in that section
the term “case management services” includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly or through contract, including assessment of needs, planning, referral (including referral for services to be furnished by the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup. (c) The Secretary may provide in-kind assistance (through the services of Department of Veterans Affairs employees and the sharing of other Department resources) to a facility furnishing services to veterans under subsection (b)(1)(A).
“former member of the Armed Forces” applies in that section
the term “former member of the Armed Forces” includes the following: (1) A veteran. (2) An individual described in section 1720I(b) of this title .
“sexual harassment” applies in that section
the term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character. (g) In this section,
“covered individual” applies in that section
the term “covered individual” means a veteran or a member of the reserve components of the Armed Forces. (2) In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program, the Secretary shall consult with the Secretary of Defense.
“covered respite care” applies in that section
The term “covered respite care” means, with respect to a caregiver of a veteran, respite care under section 1720B of this title that— (A) is medically and age appropriate for the veteran (including 24-hour per day care of the veteran commensurate with the care provided by the caregiver); and (B) includes in-home care. (3) The term “family caregiver”, with respect to an eligible veteran under subsection (a) or a veteran denied or discharged as specified in paragraph (14) of such subsection, means a family member who is a caregiver of the veteran.
“classified information” applies in that section
The term “classified information” means any information or material that has been determined by an official of the United States pursuant to law to require protection against unauthorized disclosure for reasons of national security.;
“eligible individual” applies in that section
The term “eligible individual” means a veteran or a member of the reserve components of the Armed Forces who— (A) is eligible to receive health care furnished by the Department under this title; (B) is seeking mental health treatment; and (C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.;
“sensitive mission” applies in that section
The term “sensitive mission” means a mission of the Armed Forces that, at the time at which an eligible individual seeks treatment, is classified.;
“sensitive unit” applies in that section
The term “sensitive unit” has the meaning given that term in section 130b(c)(4) of title 10 .
“acute suicidal crisis” applies in that section
The term “acute suicidal crisis” means that an individual was determined to be at imminent risk of self-harm by a trained crisis responder or health care provider.;
“crisis residential care” applies in that section
The term “crisis residential care” means crisis stabilization care provided— (A) in a residential setting; and (B) in a facility other than a hospital.;
“crisis stabilization care” applies in that section
The term “crisis stabilization care” includes, with respect to an individual in acute suicidal crisis, care that ensures, to the extent practicable, immediate safety and reduces— (A) the severity of distress; (B) the need for urgent care; or (C) the likelihood that the distress under subparagraph (A) or need under subparagraph (B) will increase during the transfer of that individual from a facility at which the individual has received care for that acute suicidal crisis.;
“emergent suicide care” applies in that section
The term “emergent suicide care” means crisis stabilization care provided to an eligible individual— (A) pursuant to a recommendation of the eligible individual from the Veterans Crisis Line; or (B) who presents at a medical facility in an acute suicidal crisis.;
“health-plan contract” applies in that section
The term “health-plan contract” has the meaning given such term in section 1725 of this title .;
“Veterans Crisis Line” applies in that section
The term “Veterans Crisis Line” means the hotline under section 1720F(h) of this title .
“caregiver” applies in that section
The terms “caregiver” and “family caregiver” have the meanings given those terms in section 1720G of this title .;
“family caregiver” applies in that section
The terms “caregiver” and “family caregiver” have the meanings given those terms in section 1720G of this title .;
“family caregiver program” applies in that section
The term “family caregiver program” means the program of comprehensive assistance for family caregivers under section 1720G of this title .;
“Veterans Crisis Line” applies in that section
The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F of this title .
“Aging and Disability Resource Center” applies in that section
The terms “Aging and Disability Resource Center”, “area agency on aging”, and “State agency” have the meanings given those terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (2) The terms “caregiver” and “family caregiver”, with respect to a veteran, have the meanings given those terms, respectively, under subsection (e) 1 of section 1720G of this title with respect to an eligible veteran under subsection (a) of such section or a covered veteran under subsection (b) of such section, as the case may be.;
“area agency on aging” applies in that section
The terms “Aging and Disability Resource Center”, “area agency on aging”, and “State agency” have the meanings given those terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (2) The terms “caregiver” and “family caregiver”, with respect to a veteran, have the meanings given those terms, respectively, under subsection (e) 1 of section 1720G of this title with respect to an eligible veteran under subsection (a) of such section or a covered veteran under subsection (b) of such section, as the case may be.;
“center for independent living” applies in that section
The term “center for independent living” has the meaning given that term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ).;
“covered respite care” applies in that section
The term “covered respite care” has the meaning given such term in section 1720G(d) of this title .;
“eligible veteran” applies in that section
The term “eligible veteran” means any veteran— (A) for whom the Secretary determines participation in a specific program under this section is medically necessary to promote, preserve, or restore the health of the veteran; and (B) who absent such participation would be at increased risk for hospitalization, placement in a nursing home, or emergency room care.;
“home health aide” applies in that section
The term “home health aide” means an individual employed by a home health agency to provide in-home care services.;
“in-home care service” applies in that section
The term “in-home care service” means any service, including a personal care service, provided to enable the recipient of such service to live at home.;
“Indian tribe” applies in that section
The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).;
“Native American” applies in that section
The terms “Native American” and “Native American veteran” have the meanings given those terms in section 3765 of this title .;
“Native American veteran” applies in that section
The terms “Native American” and “Native American veteran” have the meanings given those terms in section 3765 of this title .;
“Native Hawaiian” applies in that section
The terms “Native Hawaiian” and “Native Hawaiian health care system” have the meanings given those terms in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 ).;
“Native Hawaiian health care system” applies in that section
The terms “Native Hawaiian” and “Native Hawaiian health care system” have the meanings given those terms in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 ).;
“resident eligible caregiver” applies in that section
The term “resident eligible caregiver” means an individual who— (A) is a caregiver, or a family caregiver, of a veteran and resides with that veteran; and (B) has not entered into a contract, agreement, or other arrangement for such individual to act as a caregiver for that veteran unless such individual is a family member of the veteran or is furnishing caregiver services through a medical foster home.
“State agency” applies in that section
The terms “Aging and Disability Resource Center”, “area agency on aging”, and “State agency” have the meanings given those terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (2) The terms “caregiver” and “family caregiver”, with respect to a veteran, have the meanings given those terms, respectively, under subsection (e) 1 of section 1720G of this title with respect to an eligible veteran under subsection (a) of such section or a covered veteran under subsection (b) of such section, as the case may be.;
“tribal health programs” applies in that section
The terms “tribal health programs” and “Urban Indian organizations” have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).;
“tribal organization” applies in that section
The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).;
“Urban Indian organizations” applies in that section
The terms “tribal health programs” and “Urban Indian organizations” have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).;
“attributable income” applies in that section
The term “attributable income” means the income of a veteran for the most recent year for which information is available determined in the same manner as the manner in which a determination is made of the total amount of income by which the rate of pension for such veteran under section 1521 of this title would be reduced if such veteran were eligible for pension under that section.;
“corpus of the estate of the veteran” applies in that section
The term “corpus of the estate of the veteran” includes the corpus of the estates of the veteran’s spouse and dependent children, if any.;
“previous year” applies in that section
The term “previous year” means the calendar year preceding the year in which the veteran applies for care or services under section 1710(a) of this title . (g) For the purposes of section 1724(c) of this title , the fact that a veteran is— (1) eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (2) a veteran with a service-connected disability; or (3) in receipt of pension under any law administered by the Secretary, shall be accepted as sufficient evidence of such veteran’s inability to defray necessary expenses.
“mental health care outpatient visit” applies in that section
the term “mental health care outpatient visit” means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder. (d) Sunset .— This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.
“Freely Associated States” applies in that section
the term “Freely Associated States” means— (A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C.
“emergency treatment” applies in that section
The term “emergency treatment” means medical care or services furnished, in the judgment of the Secretary— (A) when Department or other Federal facilities are not feasibly available and an attempt to use them beforehand would not be reasonable; (B) when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and (C) until— (i) such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; or (ii) such time as a Department facility or other Federal …
“health-plan contract” applies in that section
The term “health-plan contract” includes any of the following: (A) An insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under which health services for individuals are provided or the expenses of such services are paid. (B) An insurance program described in section 1811 of the Social Security Act ( 42 U.S.C. 1395c ) or established by section 1831 of that Act ( 42 U.S.C. 1395j ). (C) A State plan for medical assistance approved under title XIX of such Act ( 42 U.S.C. 1396 et seq.). (D) A workers’ compensation law or plan described in section 1729(a)(2)(A) of this title .;
“third party” applies in that section
The term “third party” means any of the following: (A) A Federal entity. (B) A State or political subdivision of a State. (C) An employer or an employer’s insurance carrier. (D) An automobile accident reparations insurance carrier. (E) A person or entity obligated to provide, or to pay the expenses of, health services under a health-plan contract.
“walk-in care” applies in that section
the term “walk-in care” means non-emergent care provided by a qualifying non-Department entity or provider that furnishes episodic care and not longitudinal management of conditions and is otherwise defined through regulations the Secretary shall promulgate.
“emergency treatment” applies in that section
the term “emergency treatment” has the meaning given such term in section 1725(h)(1) of this title .
“health-plan contract” applies in that section
The term “health-plan contract” means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement, under which health services for individuals are provided or the expenses of such services are paid. (B) Such term does not include— (i) an insurance program described in section 1811 of the Social Security Act ( 42 U.S.C. 1395c ) or established by section 1831 of such Act ( 42 U.S.C. 1395j ); (ii) a State plan for medical assistance approved under title XIX of such Act ( 42 U.S.C.
“payment” applies in that section
The term “payment” includes reimbursement and indemnification.;
“third party” applies in that section
The term “third party” means— (A) a State or political subdivision of a State; (B) an employer or an employer’s insurance carrier; (C) an automobile accident reparations insurance carrier; or (D) a person obligated to provide, or to pay the expenses of, health services under a health-plan contract.
“community residential-care facility” applies in that section
the term “community residential-care facility” means a facility that provides room and board and such limited personal care for and supervision of residents as the Secretary determines, in accordance with regulations prescribed under this section, are necessary for the health, safety, and welfare of residents.
“covered veteran” applies in that section
the term “covered veteran” means a veteran who— (1) is catastrophically disabled, as defined by the Secretary; or (2) is an Indian or urban Indian (as those terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )).
“controlled substance” applies in that section
The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) ).;
“delegate” applies in that section
The term “delegate” means a person or automated system accessing the national network of State-based prescription monitoring programs, or any individual State or regional prescription drug monitoring program, at the direction or under the supervision of a licensed health care provider.;
“licensed health care provider” applies in that section
The term “licensed health care provider” means a health care provider employed by the Department who is licensed, certified, or registered within any State to fill or prescribe medications within the scope of his or her practice as a Department employee.;
“national network of State-based prescription monitoring programs” applies in that section
The term “national network of State-based prescription monitoring programs” means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.;
“State” applies in that section
The term “State” means a State, as defined in section 101(20) of this title , or a political subdivision of a State.
“State” applies in that section
the term “State” means a State, as defined in section 101(20) of this title , or a political subdivision of a State.
“Commonwealth Army veterans” applies throughout its subchapter
The term “Commonwealth Army veterans” means persons who served before July 1, 1946 , in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the President dated July 26, 1941 , including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable.
“new Philippine Scouts” applies throughout its subchapter
The term “new Philippine Scouts” means persons who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable.;
“service-connected disabilities” applies throughout its subchapter
The term “service-connected disabilities” means disabilities determined by the Secretary under laws administered by the Secretary to have been incurred in or aggravated by the service described in paragraph (1) in line of duty.
“State” applies throughout its subchapter
the term “State” means each of the several States and each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).
“medical supervision model adult day health care” applies in that section
the term “medical supervision model adult day health care” means adult day health care that includes the coordination of physician services, dental services, nursing services, the administration of drugs, and such other requirements as determined appropriate by the Secretary.
“medicare program” applies in that section
The term “medicare program” means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.).;
“third party” applies in that section
The term “third party” has the meaning given that term in section 1729(i)(3) of this title . (e) Payment by the Secretary under this section on behalf of a covered beneficiary for medical care shall constitute payment in full and extinguish any liability on the part of the beneficiary for that care.
“bereavement counseling” applies in that section
the term “bereavement counseling” means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual.
“campus” applies in that section
The term “campus” means, with respect to a hospital of the Department— (A) the physical area immediately adjacent to the main buildings of the hospital; (B) other areas and structures that are not strictly contiguous to the main buildings but are located not more than 250 yards from the main buildings; and (C) any other areas determined by the Secretary to be part of the campus of the hospital.;
“emergency medical condition” applies in that section
The term “emergency medical condition” means— (A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in— (i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part; or (B) in the case of a pregnant woman, a stage of labor that a medical provider determines indicates— (i) that there is inadequate time to effect a safe transfer to another hospital before delivery; …
“stabilized” applies in that section
The term “stabilized” means— (i) with respect to an emergency medical condition described in paragraph (2)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility; or (ii) with respect to an emergency medical condition described in paragraph (2)(B), that the woman has delivered (including the placenta).;
“to stabilize” applies in that section
The term “to stabilize” means— (i) with respect to an emergency medical condition described in paragraph (2)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility; or (ii) with respect to an emergency medical condition described in paragraph (2)(B), to deliver (including the placenta).;
“transfer” applies in that section
The term “transfer” means the movement (including the discharge) of an individual outside the facilities of a hospital of the Department at the direction of any person employed by (or affiliated or associated, directly or indirectly, with) the hospital, but does not include such a movement of an individual who— (A) has been declared dead; or (B) leaves the facility without the permission of any such person.
“covered entity” applies in that section
the term “covered entity” means any individual, transportation carrier, organization, or other entity that furnished or paid for health care services or transportation under this section.
“habilitative and rehabilitative care” applies in that section
The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title ) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person.;
“health care” applies in that section
The term “health care”— (A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and (B) includes— (i) the training of appropriate members of a child’s family or household in the care of the child; and (ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.;
“health care provider” applies in that section
The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.;
“home care” applies in that section
The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.;
“hospital care” applies in that section
The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.;
“nursing home care” applies in that section
The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.;
“outpatient care” applies in that section
The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.;
“preventive care” applies in that section
The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care.;
“respite care” applies in that section
The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.
“covered birth defect” applies throughout its subchapter
The term “covered birth defect” means a birth defect identified by the Secretary under section 1812 of this title .
“eligible child” applies throughout its subchapter
The term “eligible child” means an individual who— (A) is the child (as defined in section 1831(1) of this title ) of a woman Vietnam veteran; and (B) was born with one or more covered birth defects.;
“herbicide agent” applies in that section
the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967 , and ending on August 31, 1971 .
“herbicide agent” applies in that section
the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962 , and ending on May 7, 1975 .
“child” applies throughout its chapter
The term “child” means the following: (A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who— (i) is the natural child of a Vietnam veteran; and (ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. (B) For purposes of section 1821 of this title , an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
“covered child” applies throughout its chapter
The term “covered child” means a child who is eligible for health care and benefits under this chapter.;
“covered veteran” applies throughout its chapter
The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.;
“Vietnam veteran” applies throughout its chapter
The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. (5) The term “Vietnam era” with respect to— (A) subchapter I of this chapter, means the period beginning on January 9, 1962 , and ending on May 7, 1975 ; and (B) subchapter II of this chapter, means the period beginning on February 28, 1961 , and ending on May 7, 1975 .
“child” applies throughout its subchapter
The term “child” means a legitimate child, an adopted child, and, if designated as beneficiary by the insured, a stepchild or an illegitimate child.;
“father” applies throughout its subchapter
The terms “parent”, “father”, and “mother” mean a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any time before entry into active service for a period of not less than one year, and a stepparent, if designated as beneficiary by the insured.
“insurance” applies throughout its subchapter
The term “insurance” means National Service Life Insurance.;
“mother” applies throughout its subchapter
The terms “parent”, “father”, and “mother” mean a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any time before entry into active service for a period of not less than one year, and a stepparent, if designated as beneficiary by the insured.
“parent” applies throughout its subchapter
The terms “parent”, “father”, and “mother” mean a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any time before entry into active service for a period of not less than one year, and a stepparent, if designated as beneficiary by the insured.
“widow” applies throughout its subchapter
The terms “widow” or “widower” mean a person who was the lawful spouse of the insured at the maturity of the insurance.;
“widower” applies throughout its subchapter
The terms “widow” or “widower” mean a person who was the lawful spouse of the insured at the maturity of the insurance.;
“insurance” applies throughout its subchapter
the term “insurance” means United States Government life insurance.
“active duty” applies throughout its subchapter
The term “active duty” means— (A) full-time duty in the Armed Forces, other than active duty for training; (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 1 of the Public Health Service; (C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and (D) full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy.;
“active duty for training” applies throughout its subchapter
The term “active duty for training” means— (A) full-time duty in the Armed Forces performed by Reserves, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ) but not on sustained duty under section 20105 of title 10 , for training purposes; (B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service; (C) full-time duty as a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises; and (D) in the case of members of the National Guard or Air National Guard of any State, full-time duty under sections 316, …
“child” applies throughout its subchapter
The term “child” means a legitimate child, a legally adopted child, an illegitimate child as to the mother, or an illegitimate child as to the alleged father, only if (A) he acknowledged the child in writing signed by him; or (B) he has been judicially ordered to contribute to the child’s support; or (C) he has been, before his death, judicially decreed to be the father of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the insured was the informant and was named as father of the child; or (E) proof of paternity is established from service department or other public records, such as school or …
“inactive duty training” applies throughout its subchapter
The term “inactive duty training” means— (A) duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ), which duty is scheduled in advance by competent authority to begin at a specific time and place; and (B) in the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) which is scheduled in advance by competent authority to begin at a specific time and place under sections 316, 502, 503, 504, or 505 of title 32, …
“member” applies throughout its subchapter
The term “member” means— (A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy; (B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which such person may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty training that is creditable for …
“parent” applies throughout its subchapter
The term “parent” means a father of a legitimate child, mother of a legitimate child, father through adoption, mother through adoption, mother of an illegitimate child, and father of an illegitimate child but only if (A) he acknowledged paternity of the child in writing signed by him before the child’s death; or (B) he has been judicially ordered to contribute to the child’s support; or (C) he has been judicially decreed to be the father of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the claimant was the informant and was named as father of the child; or (E) proof of paternity is established …
“uniformed services” applies throughout its subchapter
The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.;
“widow” applies throughout its subchapter
The terms “widow” or “widower” means a person who is the lawful spouse of the insured member at the time of his death.;
“widower” applies throughout its subchapter
The terms “widow” or “widower” means a person who is the lawful spouse of the insured member at the time of his death.;
“hemiplegia” applies in that section
The term “hemiplegia” means the complete and irreversible paralysis of the upper and lower limbs on one side of the body.;
“inability to carry out the activities of daily living” applies in that section
The term “inability to carry out the activities of daily living” means the inability to independently perform two or more of the following six functions: (i) Bathing. (ii) Continence. (iii) Dressing. (iv) Eating. (v) Toileting. (vi) Transferring. (3) The Secretary may prescribe, by regulation, conditions under which coverage otherwise provided under this section is excluded.
“paraplegia” applies in that section
The term “paraplegia” means the complete and irreversible paralysis of both lower limbs.;
“quadriplegia” applies in that section
The term “quadriplegia” means the complete and irreversible paralysis of all four limbs.;
“Consumer Price Index” applies in that section
the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
“disagreement” applies in that section
the term “disagreement” means a denial of the claim, after consideration on its merits, by the Secretary or any employee or organizational unit of the Department heretofore or hereafter designated therefor by the Secretary.
“grant and per diem provider” applies throughout its chapter
The term “grant and per diem provider” means an entity in receipt of a grant under section 2011 or 2012 of this title. (b) Veteran Defined .— (1) Notwithstanding section 101(2) of this title and except as provided in paragraph (2), for purposes of sections 2011, 2012, 2013, 2044, and 2061 of this title,
“homeless veteran” applies throughout its chapter
The term “homeless veteran” means a veteran who is homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 )).;
“veteran” applies throughout its chapter
the term “veteran” means a person who served in the active military, naval, air, or space service, regardless of length of service, and who was discharged or released therefrom. (2) For purposes of paragraph (1), the term “veteran” excludes a person who— (A) received a dishonorable discharge from the Armed Forces; or (B) was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial.
“private nonprofit organization” applies in that section
the term “private nonprofit organization” means the following: (i) An incorporated private institution, organization, or foundation— (I) that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; (II) for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and (III) that the Secretary determines is financially responsible.
“eligible veteran” applies in that section
the term “eligible veteran” means a veteran who— (1) is a resident of a penal institution or an institution that provides long-term care for mental illness; and (2) is at risk for homelessness absent referral and counseling services provided under the demonstration program (as determined under guidelines established by the Secretaries).
“consumer cooperative” applies in that section
The term “consumer cooperative” has the meaning given such term in section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ).;
“eligible entity” applies in that section
The term “eligible entity” means— (A) a private nonprofit organization; or (B) a consumer cooperative.;
“homeless” applies in that section
The term “homeless” has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ).;