**§17.102 Charges for care or services.**

Except as provided in §17.101, charges at the indicated rates shall be
made for Department of Veterans Affairs hospital care or medical
services (including, but not limited to, dental services, supplies,
medicines, orthopedic and prosthetic appliances, and domiciliary or
nursing home care) as follows:

\(a\) *Furnished in error or on tentative eligibility*. Charges at rates
prescribed by the Under Secretary for Health shall be made for inpatient
or outpatient care or services (including domiciliary care) authorized
for any person on the basis of eligibility as a veteran or a tentative
eligibility determination under §17.34 but he or she was subsequently
found to have been ineligible for such care or services as a veteran
because the military service or any other eligibility requirement was
not met, or

\(b\) *Furnished in a medical emergency*. Charges at rates prescribed by
the Under Secretary for Health shall be made for any inpatient or
outpatient care or services rendered any person in a medical emergency
who was not eligible for such care or services as a veteran, if:

\(1\) The care or services were rendered as a humanitarian service,
under §17.43(b)(1) or §17.95 to a person neither claiming eligibility as
a veteran nor for whom the establishment of eligibility as a veteran was
expected, or

\(2\) The person for whom care or services were rendered was a
Department of Veterans Affairs employee or a member of a Department of
Veterans Affairs employee's family; or

\(c\) *Furnished beneficiaries of the Department of Defense or other
Federal agencies*. Except as provided for in paragraph (f) of this
section and the second sentence of this paragraph, charges at rates
prescribed by the Office of Management and Budget shall be made for any
inpatient or outpatient care or services authorized for a member of the
Armed Forces on active duty or for any beneficiary or designee of any
other Federal agency. Charges for services provided a member or former
member of a uniformed service who is entitled to retired or retainer
pay, or equivalent pay, will be at rates prescribed by the Secretary
(E.O. 11609, dated July 22, 1971, 36 FR 13747), or

\(d\) *Furnished pensioners of allied nations*. Charges at rates
prescribed by the Under Secretary for Health shall be made for any
inpatient or outpatient care or services rendered a pensioner of a
nation allied with the United States in World War I and World War II; or

\(e\) *Furnished under sharing agreements*. Charges at rates agreed upon
in an agreement for sharing specialized medical resources shall be made
for all medical care or services, either on an inpatient or outpatient
basis, rendered to a person designated by the other party to the
agreement as a patient to be benefited under the agreement; or

\(f\) *Furnished military retirees with chronic disability*. Charges for
subsistence at rates prescribed by the Under Secretary for Health shall
be made for the period during which hospital care is rendered when such
care is rendered to a member or former member of the Armed Forces
required to pay the subsistence rate under §17.47 (b)(2) and (c)(2).

\(g\) *Furnished for research purposes*. Charges will not be made for
medical services, including transportation, furnished as part of an
approved Department of Veterans Affairs research project, except that if
the services are furnished to a person who is not eligible for the
services as a veteran, the medical care appropriation shall be
reimbursed from the research appropriation at the same rates used for
billings under paragraph (b) of this section.

\(h\) *Computation of charges*. The method for computing the charges
under §17.86 and under paragraphs (a), (b), (d), (f), and (g), and the
last sentence of paragraph (c) of this section is based on the Monthly
Program Cost Report (MPCR), which sets forth the actual basic costs and
per diem rates by type of inpatient care, and actual basic costs and
rates for outpatient care visits or prescriptions filled. Factors for
depreciation of buildings and equipment and Central Office overhead are
added, based on accounting manual instructions. Additional factors are
added for interest on capital investment and for standard fringe benefit
costs covering government employee retirement and disability costs. The
current year billing rates are projected on prior year actual rates by
applying the budgeted percentage increase. In addition, based on the
detail available in the MPCR, VA intends to, on each bill break down the
all-inclusive rate into its three principal components; namely,
physician cost, ancillary services cost, and nursing, room and board
cost. The rates generated by the foregoing methodology will be published
by either VA or OMB in the 'Notices' section of the *Federal Register*.
(Authority: 38 U.S.C. 1729; sec. 19013, Pub. L. 99-272)

\(i\) *Furnished at national conventions*. Charges specified in
contractual agreements with Department of Veteran Affairs recognized
service organizations shall be made for emergency medical services
furnished at national conventions of such organizations to individuals
not eligible for such services under other provisions of this part.
(Authority: 38 U.S.C. 1711(c))

\[32 FR 11382, Aug. 5, 1967, as amended at 34 FR 7807, May 16, 1969; 35
FR 11470, July 17, 1970; 36 FR 18794, Sept. 22, 1971; 47 FR 50861, Nov.
10, 1982; 47 FR 58249, Dec. 1982; 52 FR 3010, Jan. 30, 1987.
Redesignated and amended at 61 FR 21965, 21967, May 13, 1996; 62 FR
17072, Apr. 9, 1997. Redesignated and amended at 64 FR 22678, 22683,
April 27, 1999; 69 FR 1061, Jan. 7, 2004; 73 FR 26946, May 12, 2008\]

**Supplement *Highlights* references**: 34(1), 22(2), 40(2).

Reserved