S.Amdt. 3386
What it does: Adds SEC. ___. AUTHORITY FOR PROVISION OF HEALTH CARE IN MILITARY TREATMENT FACILITIES FOR CIVILIAN INDIVIDUALS WITH CERTAIN DISEASES NOT OTHERWISE ELIGIBLE FOR CARE IN SUCH FACILITIES at the appropriate place in title VII
Sen. Brian Schatz (D-HI)What it changes
1 change to S. 2410
Adds SEC. ___. AUTHORITY FOR PROVISION OF HEALTH CARE IN MILITARY TREATMENT FACILITIES FOR CIVILIAN INDIVIDUALS WITH CERTAIN DISEASES NOT OTHERWISE ELIGIBLE FOR CARE IN SUCH FACILITIES at the appropriate place in title VII
Adds a sectionInserted: SEC. ___. AUTHORITY FOR PROVISION OF HEALTH CARE IN MILITARY TREATMENT FACILITIES FOR CIVILIAN INDIVIDUALS WITH CERTAIN DISEASES NOT OTHERWISE ELIGIBLE FOR CARE IN SUCH FACILITIES.
Inserted: (a) In General.--Under regulations prescribed by the Secretary of Defense and subject to the provisions of this section, a military treatment facility may provide health care or treatment for a civilian individual described in subsection (b) who is not otherwise eligible for care in such facility under chapter 55 of title 10, United States Code, or any other provision of law, for the disease or condition of such individual as specified in that subsection.
Inserted: (b) Covered Individuals.--A civilian individual described in this subsection is a civilian individual who--
Inserted: (1) has a disease or condition that, under commonly accepted medical guidelines, requires care or treatment in or through a civilian care center capable of providing care or treatment specifically tailored to such disease or condition; and
Inserted: (2) resides more than 100 miles from the nearest civilian care center capable of providing care or treatment specifically tailored to such disease or condition.
Inserted: (c) Payment for Care.--
Inserted: (1) In general.--A civilian individual may not be provided care or treatment under subsection (a) unless the individual agrees to contribute to the cost of such care or treatment such percentage of the cost of such care or treatment as the Secretary shall provide in the regulations under this section.
Inserted: (2) Proof of capacity to pay.--A military treatment facility may require proof of a capacity to pay for care or treatment before providing such care or treatment under this section, including the availability of insurance or another secondary payor for such care or treatment.
Inserted: (d) Care and Treatment Provided.--A military treatment facility providing care and treatment for an individual under subsection (a) may provide the following:
Inserted: (1) Care and treatment for the disease or condition of the individual as specified in subsection (b).
Inserted: (2) Such other care and treatment as may be medically necessary (as determined pursuant to the regulations under this section) in connection with the provision of care and treatment under paragraph (1).
Inserted: (e) Care and Treatment Only on Space-available Basis.--
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Inserted: (1) In general.--A military treatment facility may not provide care and treatment under subsection (a) if the provision of such care and treatment would prevent or limit the availability of health care services at the facility for members of the Armed Forces on active duty or any other covered beneficiaries under the TRICARE program who are eligible for care and services in or through the facility.
Inserted: (2) Reports.--Not later than 30 days after the date on which a military treatment facility declines to provide care or treatment under this section pursuant to paragraph (1), the Assistant Secretary of Defense for Health Affairs shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such action. The report shall include a description of the care or treatment sought, an analysis of the capacity of the facility concerned to provide such care or treatment, and a justification for such action.
Inserted: (f) Definitions.--In this section, the terms "TRICARE program" and "covered beneficiary" have the meaning given such terms in section 1072 of title 10, United States Code.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place in title VII, insert the following:
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As printed
SA 3386. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the following:
SEC. ___. AUTHORITY FOR PROVISION OF HEALTH CARE IN MILITARY TREATMENT FACILITIES FOR CIVILIAN INDIVIDUALS WITH CERTAIN DISEASES NOT OTHERWISE ELIGIBLE FOR CARE IN SUCH FACILITIES.
(a) In General.--Under regulations prescribed by the Secretary of Defense and subject to the provisions of this section, a military treatment facility may provide health care or treatment for a civilian individual described in subsection (b) who is not otherwise eligible for care in such facility under chapter 55 of title 10, United States Code, or any other provision of law, for the disease or condition of such individual as specified in that subsection.
(b) Covered Individuals.--A civilian individual described in this subsection is a civilian individual who--
(1) has a disease or condition that, under commonly accepted medical guidelines, requires care or treatment in or through a civilian care center capable of providing care or treatment specifically tailored to such disease or condition; and
(2) resides more than 100 miles from the nearest civilian care center capable of providing care or treatment specifically tailored to such disease or condition.
(c) Payment for Care.--
(1) In general.--A civilian individual may not be provided care or treatment under subsection (a) unless the individual agrees to contribute to the cost of such care or treatment such percentage of the cost of such care or treatment as the Secretary shall provide in the regulations under this section.
(2) Proof of capacity to pay.--A military treatment facility may require proof of a capacity to pay for care or treatment before providing such care or treatment under this section, including the availability of insurance or another secondary payor for such care or treatment.
(d) Care and Treatment Provided.--A military treatment facility providing care and treatment for an individual under subsection (a) may provide the following:
(1) Care and treatment for the disease or condition of the individual as specified in subsection (b).
(2) Such other care and treatment as may be medically necessary (as determined pursuant to the regulations under this section) in connection with the provision of care and treatment under paragraph (1).
(e) Care and Treatment Only on Space-available Basis.--
(1) In general.--A military treatment facility may not provide care and treatment under subsection (a) if the provision of such care and treatment would prevent or limit the availability of health care services at the facility for members of the Armed Forces on active duty or any other covered beneficiaries under the TRICARE program who are eligible for care and services in or through the facility.
(2) Reports.--Not later than 30 days after the date on which a military treatment facility declines to provide care or treatment under this section pursuant to paragraph (1), the Assistant Secretary of Defense for Health Affairs shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such action. The report shall include a description of the care or treatment sought, an analysis of the capacity of the facility concerned to provide such care or treatment, and a justification for such action.
(f) Definitions.--In this section, the terms “TRICARE program” and “covered beneficiary” have the meaning given such terms in section 1072 of title 10, United States Code.
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Senate amendment submitted
June 25, 2014