§ 5318. — Review of Department of Health and Human Services death information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5318]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5318. Review of Department of Health and Human Services
death information
(a) The Secretary shall periodically compare Department of Veterans
Affairs information regarding persons to or for whom compensation or
pension is being paid with information in the records of the Department
of Health and Human Services relating to persons who have died for the
purposes of--
(1) determining whether any such persons to whom compensation
and pension is being paid are deceased;
(2) ensuring that such payments to or for any such persons who
are deceased are terminated in a timely manner; and
(3) ensuring that collection of overpayments of such benefits
resulting from payments after the death of such persons is initiated
in a timely manner.
(b) The Department of Health and Human Services death information
referred to in subsection (a) of this section is death information
available to the Secretary from or through the Secretary of Health and
Human Services, including death information available to the Secretary
of Health and Human Services from a State, pursuant to a memorandum of
understanding entered into by such Secretaries. Any such memorandum of
understanding shall include safeguards to assure that information made
available under it is not used for unauthorized purposes or improperly
disclosed.
(Added Pub. L. 101-508, title VIII, Sec. 8053(b)(1), Nov. 5, 1990, 104
Stat. 1388-352, Sec. 3118; renumbered Sec. 5318, Pub. L. 102-40, title
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.)
Amendments
1991--Pub. L. 102-40 renumbered section 3118 of this title as this
section.
