Us Code § 5501A - Beneficiaries' rights in mental competence determinations
Full text of Us Code United States Code § 5501A — Beneficiaries' rights in mental competence determinations, with citation guidance and answers to common questions.
§ 5501A. Beneficiaries' rights in mental competence determinations
The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency:
(1) Notice of the proposed adverse determination and the supporting evidence.
(2) An opportunity to request a hearing.
(3) An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title.
(4) An opportunity to be represented at no expense to the Government (including by counsel) at any such hearing and to bring a medical professional or other person to provide relevant testimony at any such hearing.
(Added Pub. L. 114–255, div. B, title XIV, §14017(a), Dec. 13, 2016, 130 Stat. 1307.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 114–255, div. B, title XIV, §14017(c), Dec. 13, 2016, 130 Stat. 1307, provided that: "Section 5501A of title 38, United States Code, as added by subsection (a), shall apply to determinations made by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 13, 2016]."
About This Section
38 U.S.C. § 5501A is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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