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38 U.S.C. § 1722A

Title 38 Chapter 17 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 1722A. Copayment for medications

  • (a)
    • (1) Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $2 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the amount of the charge may not be reduced.
    • (2) The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication described in paragraph (1).
    • (3) Paragraph (1) does not apply—
      • (A) to a veteran with a service-connected disability rated 50 percent or more;
      • (B) to a veteran who is a former prisoner of war;
      • (C) to a veteran whose annual income (as determined under section 1503 of this title ) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title ; or
      • (D) to a veteran who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 1 1 See References in Text note below. of title 14.
    • (4) Paragraph (1) does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose.
  • (b) The Secretary, pursuant to regulations which the Secretary shall prescribe, may—
    • (1) increase the copayment amount in effect under subsection (a); and
    • (2) establish a maximum monthly and a maximum annual pharmaceutical copayment amount under subsection (a) for veterans who have multiple outpatient prescriptions.
  • (c) Amounts collected under this section shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund.

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