Code of Federal Regulations · Section
§ 17.85 — Treatment Of Research-related Injuries To Human Subjects
38 C.F.R. § 17.85
(a) VA medical facilities shall provide necessary medical treatment to a research subject injured as a result of participation in a research project approved by a VA Research and Development Committee and conducted under the supervision of one or more VA employees. This section does not apply to:
(1) Treatment for injuries due to noncompliance by a subject with study procedures, or
(2) Research conducted for VA under a contract with an individual or a non-VA institution.
(b) Except in the following situations, care for VA research subjects under this section shall be provided in VA medical facilities.
(1) If VA medical facilities are not capable of furnishing economical care or are not capable of furnishing the care or services required, VA medical facility directors shall contract for the needed care.
(2) If inpatient care must be provided to a non-veteran under this section, VA medical facility directors may contract for such care.
(3) If a research subject needs treatment in a medical emergency for a condition covered by this section, VA medical facility directors shall provide reasonable reimbursement for the emergency treatment in a non-VA facility.
(c) For purposes of this section, “VA employee” means any person appointed by VA as an officer or employee and acting within the scope of his or her appointment (VA appoints officers and employees under title 5 and title 38 of the United States Code).
Authorizing Statute
-
Rules and regulations38 U.S.C. § 501
-
Medical care for survivors and dependents of certain veterans38 U.S.C. § 1781
-
Definitions38 U.S.C. § 1701
-
Definitions38 U.S.C. § 101
-
Assistance for providing automobile and adaptive equipment38 U.S.C. § 3902
-
Clothing allowance38 U.S.C. § 1162
-
Eligibility for hospital, nursing home, and domiciliary care38 U.S.C. § 1710
-
Community residential care38 U.S.C. § 1730
-
Agreements with eligible entities or providers; certification processes38 U.S.C. § 1703A
-
Contracts and personal services38 U.S.C. § 513
-
Definitions38 U.S.C. § 3901
-
Establishment38 U.S.C. § 7691
-
Care and services during certain disasters and emergencies38 U.S.C. § 1785
-
Benefits for discharged members of allied forces38 U.S.C. § 109
-
Emergent suicide care38 U.S.C. § 1720J
-
Recovery by United States42 U.S.C. § 2651
-
Transplant procedures with live donors and related services38 U.S.C. § 1788
-
Access to walk-in care38 U.S.C. § 1725A
-
Assistance and support services for caregivers38 U.S.C. § 1720G
-
Functions of Veterans Health Administration: in general38 U.S.C. § 7301
-
Medicaid and CHIP Payment and Access Commission42 U.S.C. § 1396
-
Regulations38 U.S.C. § 7304
-
Requirement for program38 U.S.C. § 7698
-
Hospital care, medical services, and nursing home care abroad38 U.S.C. § 1724
-
Veterans Community Care Program38 U.S.C. § 1703
-
Center for Innovation for Care and Payment38 U.S.C. § 1703E