Page:United States Statutes at Large Volume 96 Part 1.djvu/116

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 74

PUBLIC LAW 97-174—MAY 4, 1982 "§ 5011. Sharing of Veterans' Administration and Department of Defense health-care resources". (2) The item relating to such section in the table of sections at the beginning of chapter 81 of such title is amended to read as follows: "5011. Sharing of Veterans' Administration and Department of Defense health-care resources.".

38 USC 5011 note.

38 USC 5011 note.

(c) The Assistant Secretary of Defense for Health Affairs shall consult regularly with the Surgeons General of the Army, Navy, and Air Force in carrying out the duties and functions assigned to the Assistant Secretary in section 5011 of title 38, United States Code, as amended by subsection (a) of this section. (d) The guidelines required to be established under subsection (c) of section 5011 of title 38, United States Code, as added by subsection (a) of this section, shall initially be established not later than twelve months after the date of the enactment of this Act. SEC. 4. (a) Chapter 81 of title 38, United States Code, is amended by inserting after section 5011 the following new section:

"§5011A. Furnishing of health-care services to members of the Armed Forces during a war or national emergency "(a)(1) During and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict, the Administrator may furnish hospital care, nursing home care, and medical services to members of the Armed Forces on active duty. The Administrator may give a higher priority to the furnishing of care and services under this section than to the furnishing of care and services to any other group of persons eligible for care and services in medical facilities of the Veterans' Administration with the exception of veterans with service-connected disabilities. "(2) For the purposes of this section, the terms 'hospital care', Definitions. 'nursing home care', and 'medical services' have the meanings 38 USC 601, 101. given such terms by sections 601(5), 101(28), and 601(6) of this title, respectively. contracts with '(b)(1) During a period in which the Administrator is authorized private facilities. to furnish care and services to members of the Armed Forces under subsection (a) of this section, the Administrator, to the extent authorized by the President and subject to the availability of appropriations or reimbursements under subsection (c) of this section, may enter into contracts with private facilities for the provision during such period by such facilities of hospital care and medical services described in paragraph (2) of this subsection. "(2) Hospital care and medical services referred to in paragraph (1) of this subsection are— "(A) hospital care and medical services authorized under this title for a veteran and necessary for the care or treatment of a condition for which the veteran is receiving medical services at a Veterans' Administration facility under subsection (f) or (g) 38 USC 612. of section 612 of this title, in a case in which the delay involved in furnishing such care or services at such Veterans' Administration facility or at any other Veterans' Administration facility reasonably accessible to the veteran would, in the judgment of the Chief Medical Director, be likely to result in a deterioration of such condition; and "(B) hospited care for a veteran who— 38 USC 5011A.