38 USC 1781 - Medical care for survivors and dependents of certain veterans

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (d)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

A prior section 1781 was renumbered section 3681 of this title.

Amendments

2022—Subsec. (a)(4). Puspan. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.

2021—Subsec. (a)(3). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

2015—Subsec. (a)(4). Puspan. L. 114–58 substituted “title),” for “title);”.

2010—Subsec. (a)(4). Puspan. L. 111–163, § 102, added par. (4).

Subsec. (e). Puspan. L. 111–163, § 503, added subsec. (e).

2002—Puspan. L. 107–135, § 208(c)(1), (2), renumbered section 1713 of this title as this section.

Subsec. (span). Puspan. L. 107–135, § 208(c)(3), inserted at end “A dependent or survivor receiving care under the preceding sentence shall be eligible for the same medical services as a veteran, including services under sections 1782 and 1783 of this title.”

Subsec. (d)(1)(B)(i). Puspan. L. 107–330, § 308(g)(8)(A), substituted “as of June 5, 2001” for “as of the date of the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001”.

Subsec. (d)(4). Puspan. L. 107–330, § 308(g)(8)(B), substituted “subsection” for “paragraph” in introductory provisions.

2001—Subsec. (d). Puspan. L. 107–14 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding section 1086(d)(1) of title 10 or any other provision of law, any spouse, surviving spouse, or child who, after losing eligibility for medical care under this section by virtue of becoming entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), has exhausted any such benefits shall become eligible for medical care under this section and shall not thereafter lose such eligibility under this section by virtue of becoming again eligible for such hospital insurance benefits.”

1991—Puspan. L. 102–83, § 5(a), renumbered section 613 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

Subsec. (span). Puspan. L. 102–83, § 4(span)(2)(B), substituted “that Secretary” for second and third references to “the Secretary” and “the Secretary of Defense” for last reference to “the Secretary” in par. (1).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in introductory and concluding provisions and in par. (2).

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in concluding provisions.

Subsec. (d). Puspan. L. 102–190 substituted “section 1086(d)(1)” for “the second sentence of section 1086(c)”.

1982—Subsec. (d). Puspan. L. 97–251 added subsec. (d).

1981—Subsec. (span). Puspan. L. 97–72 substituted “equipped to provide the care and treatment” for “particularly equipped to provide the most effective care and treatment” in provisions following par. (2).

1979—Subsec. (a). Puspan. L. 96–151, § 205(a)(1), in cl. (1) substituted reference to spouse for reference to wife, in cl. (2) substituted reference to surviving spouse for reference to widow, and added cl. (3).

Subsec. (c). Puspan. L. 96–151, § 205(a)(2), added subsec. (c).

1976—Subsec. (a)(2). Puspan. L. 94–581, § 104, designated existing provisions as cl. (A) and added cl. (B).

Subsec. (span)(1). Puspan. L. 94–581, § 210(a)(4)(A), substituted “the Secretary enters” for “he enters”.

Subsec. (span)(2). Puspan. L. 94–581, § 210(a)(4)(B), substituted “the Administrator” for “he” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Puspan. L. 97–251, § 5(span), Sept. 8, 1982, 96 Stat. 716, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1982.”

Effective Date of 1979 Amendment

Puspan. L. 96–151, title II, § 205(span), Dec. 20, 1979, 93 Stat. 1095, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect with respect to fiscal year 1980 only to such extent and for such amounts as may be specifically provided for such purpose in appropriation Acts.”

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–581 effective Oct. 21, 1976, see section 211 of Puspan. L. 94–581, set out as a note under section 111 of this title.

Effective Date

Section effective Sept. 1, 1973, see section 501 of Puspan. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.