Page:United States Statutes at Large Volume 90 Part 2.djvu/1374

 90 STAT. 2842

PUBLIC LAW 94-581—OCT. 21, 1976

Public Law 94-581 94th Congress An Act Oct. 21. 1976 [H.R. 2735]

Veterans Omnibus Health Care Act of 1976. 38 USC 101 note.

Investigations.

Review.

To amend title 38, United States Code, to improve the (luality of hospital care, medical services, and nursing home care in Veterans' Administration health care facilities; to make certain technical and conforming amendments; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans Omnibus Health Care Act of 1976".

TITLE I—GENERAL VETERANS HEALTH CARE AND DEPARTMENT OF MEDICINE AND SURGERY AMENDMENTS SEC. 101. Section 111 of title 38, United States Code, is amended by— (1) inserting in subsection (a) "pursuant to the provisions of this section" after "President"; and (2) inserting at the end of such section the following new subsection: "(e)(1) In carrying out the purposes of this section, the Administrator, in consultation with the Administrator of General Services, the Secretary of Transportation, the Comptroller General of the United States, and representatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (including lodging and subsistence) to beneficiaries while traveling to or from a Veterans' Administration facility or other place pursuant to the provisions of this section, and the estimated cost of alternative modes of travel, including public transportation and the operation of privately owned vehicles. The Administrator shall conduct such investigations immediately following any alteration in the rates described in paragraph (3)(C) of this subsection, and, in any event, immediately following the enactment of this subsection and not less often than annually thereafter, and based thereon, shall determine rates of allowances or reimbursement to be paid under this section. "(2) In no event shall payment be provided under this section— "(A) unless the person claiming reimbursement has been determined, based on an annual declaration and certification by such person, to be unable to defray the expenses of such travel (except with respect to a veteran receiving benefits for or in connection with a service-connected disability under this title);; "(B) to reimburse for the cost of travel by privately owned vehicle in any amount in excess of the cost of such travel by public transportation unless (i) public transportation is not reasonably accessible or would be medically inadvisable, or (ii) the cost of such travel is not greater than the cost of public transportation; and "(C) in excess of the actual expense incurred by such person as certified in writing bj[ such person. " (3) In conducting investigations and determining rates under this section, the Administrator snail review and analyze, among other factors, the following factors:

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