II
Calendar No. 579
110th CONGRESS
2d Session
S. 2142
[Report No. 110–263]
IN THE SENATE OF THE UNITED STATES
October 4, 2007
Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
February 25, 2008
Reported by Mr. Akaka, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to reimburse veterans receiving emergency treatment in non-Department of Veterans Affairs facilities for such treatment until such veterans are transferred to Department facilities, and for other purposes.
Short title
This Act may be cited as the Veterans
Emergency Care Fairness Act of
.2007
2008
Mandatory reimbursement of veterans receiving emergency treatment in non-Department of Veterans Affairs facilities until transfer to Department facilities
Certain veterans without service-connected disability
Section 1725 of title 38, United States Code, is amended—
in subsection (a)(1), by striking
may reimburse
and inserting shall reimburse
;
and
in subsection (f)(1), by striking subparagraph (C) and inserting the following new subparagraph (C):
until—
such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; or
such time as a
Department facility or other Federal facility
agrees to
accept accepts such transfer
if—
at the time
described in clause
(i) the veteran
could have been transferred safely to a Department facility or other Federal
facility, no Department facility or other Federal facility
agrees agreed to
accept such transfer; and
the
non-Department facility in which such medical care or services
iswas
furnished
makes made and
documents
documented reasonable attempts to transfer the veteran to a
Department facility or other Federal
facility.
.
Certain veterans with service-connected disability
Section 1728 of such title is amended—
by striking subsection (a) and inserting the following new subsection (a):
The Secretary
shall, under such regulations as the Secretary
shall
prescribe
prescribes, reimburse veterans
entitled
to eligible
for hospital care or medical services under this chapter for the
reasonable
valuecustomary and usualcharges of
emergency treatment (including travel and incidental expenses under the terms
and conditions set forth in section 111 of this title) for which such veterans
have made payment, from sources other than the Department, where such emergency
treatment was rendered to such veterans in need thereof for any of the
following:
An adjudicated service-connected disability.
A non-service-connected disability associated with and held to be aggravating a service-connected disability.
Any disability of
a veteran in if the veteran has a total
disability permanent in nature from a service-connected disability.
Any illness, injury, or dental condition of a veteran who—
is a participant in a vocational rehabilitation program (as defined in section 3101(9) of this title); and
is medically determined to have been in need of care or treatment to make possible the veteran's entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition.
;
in subsection
(b), by striking care or services
both places it appears and
inserting emergency treatment
; and
by adding at the end the following new subsection:
In this section, the term emergency treatment has the meaning given such term in section 1725(f)(1) of this title.
.
February 25, 2008
Reported with amendments