Section 17.102 - Charges for care or servicesSubject to the methodology set forth in paragraph (c) of this section, and notwithstanding the provisions of § 17.101 , VA shall charge for VA care and services provided in the circumstances described as follows:
(a) For hospital care or medical services provided:(1) As a humanitarian service in a medical emergency in accordance with 38 U.S.C. 1784 or 38 U.S.C. 1784A ;(2) During and immediately following a disaster or emergency in accordance with 38 U.S.C. 1785 and § 17.86 ;(3) While attending a national convention of an organization recognized under 38 U.S.C. 5902 , for emergency medical treatment, in accordance with 38 U.S.C. 1711 ;(4) In error, on the basis of eligibility as a non-veteran recipient of VA hospital care and medical services under title 38 U.S.C., and such an individual subsequently is determined not to have been eligible for such care or services;(5) To a beneficiary of the Department of Defense or other Federal agency, to include for inpatient or outpatient care or services authorized for a member of the Armed Forces on active duty, a beneficiary or designee of any other Federal agency, and members or former members of a uniformed service who are entitled to retired or retainer pay, or equivalent pay; or(6) To a retiree of the uniformed services with a chronic disability for hospital care identified in Executive Orders 10122, 10400, and 11733 as well as § 17.44 .(b) For hospital care, medical services, domiciliary care, or nursing home care provided: (1) In error, on the basis of eligibility for such care and services as a veteran under §§ 17.34 , 17.36 , or 17.37 , and such an individual was subsequently determined not to have been eligible for such care or services.(2) To a discharged member of the armed forces of a nation allied with the United States in World War I or World War II in accordance with 38 U.S.C. 109 .(3) Under a sharing agreement in accordance with 38 U.S.C. 8111 or 8153 and 17.240.(4) Under any other provision of law that authorizes VA to provide care.(c) Unless rates or charges are otherwise established in contract, in a sharing agreement, or under Federal law, VA will charge under this section at rates based on the VHA Office of Finance Managerial Cost Accounting (MCA) Cost Reports, 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. 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 VHA Office of Finance MCA Cost Reports are used to determine two separate rates: one rate is the general Cost-Based Rate and the other rate is the Inter-Agency Rate. These rates are published annually by VA on the internet site of the Veterans Health Administration Office of Community Care's website at https://www.va.gov/communitycare/revenue_ops/payer_rates.asp.(d) The rates for prescription drugs that VA furnishes not administered during treatment are based on the actual cost of the drug plus a national average of VA administrative costs as described in § 17.101(m) .88 FR 32975, May 23, 2023