US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 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)
section 1503 of this titlesection 1521 of this title to a veteran whose annual income (as determined under ) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under ; or
(D)
1
1 See References in Text note below.
to a veteran who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491  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.

Pub. L. 101–508, title VIII, § 8012(a)(1)104 Stat. 1388–345Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–139, title V, § 518(a)105 Stat. 779Pub. L. 102–229, title I105 Stat. 1709Pub. L. 102–568, title VI106 Stat. 4343Pub. L. 103–66, title XII, § 12002(b)107 Stat. 414Pub. L. 103–446, title XII, § 1201(e)(7)108 Stat. 4685Pub. L. 105–33, title VIII111 Stat. 665Pub. L. 106–117, title II, § 201(a)113 Stat. 1560Pub. L. 108–7, div. K, title I, § 113(c)117 Stat. 482Pub. L. 108–170, title I, § 101(b)117 Stat. 2043Pub. L. 114–198, title IX, § 915(a)130 Stat. 765Pub. L. 114–223, div. A, title II, § 243(a)130 Stat. 884Pub. L. 114–315, title VI, § 603(d)130 Stat. 1570Pub. L. 115–232, div. A, title VIII, § 809(n)(1)(D)132 Stat. 1843(Added , , , § 622A; renumbered § 1722A, , , ; amended , , ; , , ; , §§ 605(a), 606(a), , ; , , ; , , ; , §§ 8021(b), 8023(b)(3), , , 667; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 491 of title 14section 2732 of title 14Pub. L. 115–282, title I, § 116(b)132 Stat. 4226section 491 of title 14section 123(b)(1) of Pub. L. 115–282section 101 of Title 14, referred to in subsec. (a)(3)(D), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Redesignated Sections of Title 14 note preceding , Coast Guard.

Amendments

Pub. L. 115–2322018—Subsec. (a)(3)(D). substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”.

Pub. L. 114–3152016—Subsec. (a)(3)(D). added subpar. (D).

Pub. L. 114–198Pub. L. 114–223Subsec. (a)(4). and amended subsec. (a) identically, adding par. (4).

Pub. L. 108–1702003—Subsec. (a)(3)(B), (C). added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 108–7, § 113(c)(1)Subsec. (c). , substituted “under this section” for “under subsection (a)” in first sentence and struck out second sentence which read as follows: “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.”

Pub. L. 108–7, § 113(c)(2)Subsec. (d). , struck out subsec. (d) which read as follows: “The provisions of subsection (a) expire on .”

Pub. L. 106–117, § 201(a)(1)1999—Subsec. (b). , (2), added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 106–117, § 201(a)(1)Subsec. (c). , (3), redesignated subsec. (b) as (c), substituted “subsection (a)” for “this section”, and inserted at end “Amounts collected through use of the authority under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund.” Former subsec. (c) redesignated (d).

Pub. L. 106–117, § 201(a)(1)Subsec. (d). , redesignated subsec. (c) as (d).

Pub. L. 105–33, § 8023(b)(3)1997—Subsec. (b). , substituted “Medical Care Collections Fund” for “Medical-Care Cost Recovery Fund”.

Pub. L. 105–33, § 8021(b)Subsec. (c). , substituted “” for “”.

Pub. L. 103–4461994—Subsec. (a)(1). substituted “veteran to pay” for “veteran) to pay”.

Pub. L. 103–661993—Subsec. (c). substituted “1998” for “1992” in first sentence and struck out at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through .”

Pub. L. 102–568, § 605(a)(1)1992—Subsec. (a)(1). , struck out “(other than a veteran with a service-connected disability rated 50 percent or more” after “require a veteran”.

Pub. L. 102–568, § 605(a)(2)Subsec. (a)(3). , added par. (3).

Pub. L. 102–568, § 606(a)Subsec. (c). , inserted at end “Notwithstanding the preceding sentence, the provisions of subsection (a) shall be in effect through .”

Pub. L. 102–83section 622A of this title1991— renumbered as this section.

Pub. L. 102–139Pub. L. 102–229Subsec. (c). , as amended by , substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of Title 10Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding , Armed Forces.

Effective Date of 1997 Amendment

section 8023(b)(3) of Pub. L. 105–33section 8023(g) of Pub. L. 105–33section 1710 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–568, title VI, § 605(b)106 Stat. 4343

“The amendments made by subsection (a) [amending this section] shall apply with respect to medication furnished after the date of the enactment of this Act [].”
, , , provided that:

Effective and Termination Dates

Pub. L. 102–145section 111 of Pub. L. 102–145section 1710 of this titleSection to remain in effect through the period covered by , see , set out as an Effective and Termination Dates of 1990 Amendment note under .

Pub. L. 102–109section 111 of Pub. L. 102–109section 1710 of this titleSection to remain in effect through the period covered by , see , set out as an Effective and Termination Dates of 1990 Amendment note under .

Pub. L. 101–508, title VIII, § 8012(b)104 Stat. 1388–345

“The amendments made by subsection (a) [enacting this section] shall take effect with respect to medication furnished to a veteran after , or the date of the enactment of this Act [], whichever is later.”
, , , provided that: