The Social Security Act, referred to in subsec. (i)(1)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 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.

2018—Subsec. (a)(1). Pub. L. 115–182, § 113(b), substituted “Subject to the provisions of this section, in any case in which the United States is required by law to furnish or pay for care or services under this chapter for a non-service-connected disability described in paragraph (2) of this subsection, the United States has the right to recover or collect from a third party the reasonable charges of care or services so furnished or paid for to the extent that the recipient or provider of the care or services would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished or paid for by a department or agency of the United States.” for “Subject to the provisions of this section, in any case in which a veteran is furnished care or services under this chapter for a non-service-connected disability described in paragraph (2) of this subsection, the United States has the right to recover or collect reasonable charges for such care or services (as determined by the Secretary) from a third party to the extent that the veteran (or the provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States.”

Subsec. (a)(2)(A). Pub. L. 115–182, § 113(a)(1)(A), substituted “the individual’s” for “the veteran’s” and “the individual” for “the veteran”.

Subsec. (a)(2)(D). Pub. L. 115–251, § 211(a)(8), substituted “; or” for period at end.

Pub. L. 115–182, § 113(c), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “that is incurred by a veteran—

“(i) who does not have a service-connected disability; and

“(ii) who is entitled to care (or payment of the expenses of care) under a health-plan contract; or”.

Subsec. (a)(2)(E). Pub. L. 115–251, § 104, struck out “before September 30, 2019,” after “furnished” in introductory provisions.

Subsec. (a)(3). Pub. L. 115–182, § 113(a)(1)(B)(i), substituted “the individual” for “the veteran” in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 115–182, § 113(a)(1)(B)(ii), substituted “the individual’s” for “the veteran’s”.

Subsec. (b)(1). Pub. L. 115–182, § 113(a)(2)(A), substituted “the individual” for “the veteran” and “the individual’s” for “the veteran’s”.

Subsec. (b)(2)(A). Pub. L. 115–182, § 113(a)(2)(B)(i), substituted “the individual” for “the veteran” and “the individual’s” for “the veteran’s”.

Subsec. (b)(2)(B)(i). Pub. L. 115–182, § 113(a)(2)(B)(ii)(I), substituted “the individual” for “the veteran”.

Subsec. (b)(2)(B)(ii). Pub. L. 115–182, § 113(a)(2)(B)(ii)(II), substituted “the individual” for “the veteran” and substituted “the individual’s” for “the veteran’s” in two places.

Subsec. (e). Pub. L. 115–182, § 113(a)(3), substituted “An individual” for “A veteran” in introductory provisions.

Subsec. (h)(1). Pub. L. 115–182, § 113(a)(4)(A)(i), substituted “an individual” for “a veteran” in introductory provisions.

Subsec. (h)(1)(A). Pub. L. 115–182, § 113(a)(4)(A)(ii), substituted “the individual” for “the veteran”.

Subsec. (h)(1)(B). Pub. L. 115–182, § 113(a)(4)(A)(iii), substituted “the individual” for “the veteran”.

Subsec. (h)(2). Pub. L. 115–182, § 113(a)(4)(B), substituted “An individual” for “A veteran”, “an individual” for “a veteran”, and “the individual” for “the veteran”.

2017—Subsec. (a)(2)(E). Pub. L. 115–62 substituted “September 30, 2019” for “October 1, 2017” in introductory provisions.

2016—Subsec. (a)(2)(E). Pub. L. 114–228 substituted “October 1, 2017” for “October 1, 2016” in introductory provisions.

2015—Subsec. (a)(2)(E). Pub. L. 114–58 substituted “October 1, 2016” for “October 1, 2015” in introductory provisions.

2014—Subsec. (a)(2)(E). Pub. L. 113–175 substituted “October 1, 2015” for “October 1, 2014” in introductory provisions.

2013—Subsec. (a)(2)(E). Pub. L. 113–37 substituted “October 1, 2014” for “October 1, 2013” in introductory provisions.

2012—Subsec. (a)(2)(E). Pub. L. 112–154 substituted “October 1, 2013” for “October 1, 2012” in introductory provisions.

2010—Subsec. (a)(2)(E). Pub. L. 111–163 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “for which care and services are furnished before October 1, 2010, under this chapter to a veteran who—

“(i) has a service-connected disability; and

“(ii) is entitled to care (or payment of the expenses of care) under a health-plan contract.”

2008—Subsec. (a)(2)(E). Pub. L. 110–387, which directed substitution of “October 1, 2010” for “October 1, 2008”, was executed by making the substitution for “October 1, 2009” in introductory provisions to reflect the probable intent of Congress and the amendment by Pub. L. 110–329. See below.

Pub. L. 110–329 substituted “October 1, 2009,” for “October 1, 2008,” in introductory provisions.

2007—Subsec. (a)(2)(E). Pub. L. 110–161 substituted “October 1, 2008” for “October 1, 2007”.

2002—Subsec. (a)(2)(E). Pub. L. 107–135, § 209(b), substituted “October 1, 2007” for “October 1, 2002”.

Subsec. (f). Pub. L. 107–135, § 208(e)(4), substituted “section 1784” for “section 1711(b)”.

1997—Subsec. (a)(1). Pub. L. 105–33, § 8023(d)(1), substituted “reasonable charges for” for “the reasonable cost of”.

Subsec. (a)(2)(E). Pub. L. 105–33, § 8022, substituted “October 1, 2002” for “October 1, 1998”.

Subsec. (c)(2)(A). Pub. L. 105–33, § 8023(d)(2), substituted “reasonable charges for” for “the reasonable cost of” and “such charges” for “such cost”.

Subsec. (c)(2)(B). Pub. L. 105–33, § 8023(d)(2)(A), substituted “reasonable charges for” for “the reasonable cost of”.

Subsec. (g). Pub. L. 105–33, § 8023(b)(4), struck out subsec. (g) which established in the Treasury a fund known as the Department of Veterans Affairs Medical-Care Cost Recovery Fund and provided for deposits to and payments from the Fund.

1996—Subsec. (g)(3)(A). Pub. L. 104–262 substituted “under subsection (f) or (g) of section 1710 of this title for hospital care, medical services, or nursing home care” for “under section 1710(f) of this title for hospital care or nursing home care, under section 1712(f) of this title for medical services,”.

1993—Subsec. (a)(2)(E). Pub. L. 103–66 substituted “October 1, 1998” for “August 1, 1994”.

1992—Subsec. (a)(2)(E). Pub. L. 102–568 substituted “August 1, 1994” for “October 1, 1993”.

1991—Pub. L. 102–83, § 5(a), renumbered section 629 of this title as this section.

Subsecs. (a) to (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–40 substituted “5701” for “3301” and “7332” for “4132”.

Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “1711(b)” for “611(b)”.

Subsec. (g)(3)(A). Pub. L. 102–83, § 5(c)(1), substituted “1710(f)” for “610(f)”, “1712(f)” for “612(f)”, and “1722A” for “622A” in introductory provisions.

Subsec. (h)(1), (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

1990—Subsec. (a)(2)(E). Pub. L. 101–508, § 8011(a), added subpar. (E).

Subsec. (c)(2)(B). Pub. L. 101–508, § 8011(b), substituted “if provided by” for “in accordance with the prevailing rates at which the third party makes payments under comparable health-plan contracts with”.

Subsec. (g). Pub. L. 101–508, § 8011(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Amounts collected or recovered on behalf of the United States under this section shall be deposited into the Treasury as miscellaneous receipts.”

1988—Subsec. (b)(2)(C). Pub. L. 100–322 added subpar. (C).

1986—Pub. L. 99–272 amended section generally, inserting authority to recover from a third party under a health-plan contract the reasonable costs of a non-service-connected disability, to require the Administrator to prescribe regulations to govern determination of reasonable costs, to authorize the compromise, settlement or waiver of claims, and to provide for the deposit of money collected under this section in the Treasury.

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Amendment by section 8023(b)(4) of Pub. L. 105–33 effective Oct. 1, 1997, and amendment by section 8023(d) of Pub. L. 105–33 effective Aug. 5, 1997, see section 8023(g) of Pub. L. 105–33, set out as a note under section 1710 of this title.

Pub. L. 101–508, title VIII, § 8011(e), Nov. 5, 1990, 104 Stat. 1388–345, provided that: “The amendments made by this section [amending this section] shall take effect as of October 1, 1990.”

Pub. L. 99–272, title XIX, § 19013(b), Apr. 7, 1986, 100 Stat. 385, provided that:

Pub. L. 97–72, title I, § 106(b), Nov. 3, 1981, 95 Stat. 1051, provided that: “Section 629 [now 1729] of title 38, United States Code, as added by subsection (a), shall apply with respect to care and services furnished under chapter 17 of title 38, United States Code, on or after the date of the enactment of this Act [Nov. 3, 1981].”

Pub. L. 107–206, title I, Aug. 2, 2002, 116 Stat. 888, provided in part: “That for the purposes of enabling the collection from third-party insurance carriers for non-service related medical care of veterans, all Department of Veterans Affairs healthcare facilities are hereby certified as Medicare and Medicaid providers and the Centers for Medicare and Medicaid Services within the Department of Health and Human Services shall issue each Department of Veterans Affairs healthcare facility a provider number as soon as practicable after the date of enactment of this Act [Aug. 2, 2002]: Provided further, That nothing in the preceding proviso shall be construed to enable the Department of Veterans Affairs to bill Medicare or Medicaid for any medical services provided by the Veterans Health Administration or to require the Centers for Medicare and Medicaid Services to pay for any medical services provided by the Department of Veterans Affairs”.

Pub. L. 105–33, title VIII, § 8023(c), Aug. 5, 1997, 111 Stat. 667, provided that: “The amount of the unobligated balance remaining in the Department of Veterans Affairs Medical-Care Cost Recovery Fund (established pursuant to section 1729(g)(1) of title 38, United States Code) at the close of June 30, 1997, shall be deposited, not later than December 31, 1997, in the Treasury as miscellaneous receipts, and the Department of Veterans Affairs Medical-Care Cost Recovery Fund shall be terminated when the deposit is made.”

Pub. L. 101–508, title VIII, § 8011(d), Nov. 5, 1990, 104 Stat. 1388–345, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that the Secretary of the Treasury was to transfer $25,000,000 from the Department of Veterans Affairs Loan Guaranty Revolving Fund to the Department of Veterans Affairs Medical-Care Cost Recovery Fund and that the amount so transferred was to be available until the end of Sept. 30, 1991, for the support of the equivalent of 800 full-time employees and other expenses described in former subsec. (g)(3) of this section, and provided that the first $25,000,000 recovered or collected by the Department of Veterans Affairs during fiscal year 1991 as a result of third-party medical recovery activities was to be credited to the Department of Veterans Affairs Loan Guaranty Revolving Fund.

Pub. L. 99–272, title XIX, § 19013(c), Apr. 7, 1986, 100 Stat. 385, directed Administrator of Veterans’ Affairs, not later than six months after Apr. 7, 1986, to submit to Committees on Veterans’ Affairs of Senate and House of Representatives a report on the process for and results of implementation of this section, as amended by subsection (a), such report to show costs of administration (and a detailed breakdown of such costs) and the amount of receipts and collections under this section, and not later than Feb. 1, 1988, to submit to such Committees a report updating the information in the report previously submitted and providing information on the process and results of such implementation through at least the end of fiscal year 1987.