[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Enrolled Bill (ENR)]
H.R.1377
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend title 38, United States Code, to expand veteran eligibility for
reimbursement by the Secretary of Veterans Affairs for emergency
treatment furnished in a non-Department facility, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSEMENT BY
SECRETARY OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNISHED IN A
NON-DEPARTMENT FACILITY.
(a) Expansion of Eligibility.--Section 1725 of title 38, United
States Code, is amended--
(1) in subsection (b)(3)(C), by striking ``or in part''; and
(2) in subsection (f)(2), by striking subparagraph (E).
(b) Limitations on Reimbursement.--Subsection (c) of such section
is amended by adding at the end the following new paragraph:
``(4)(A) If the veteran has contractual or legal recourse against a
third party that would only, in part, extinguish the veteran's
liability to the provider of the emergency treatment, and payment for
the treatment may be made both under subsection (a) and by the third
party, the amount payable for such treatment under such subsection
shall be the amount by which the costs for the emergency treatment
exceed the amount payable or paid by the third party, except that the
amount payable may not exceed the maximum amount payable established
under paragraph (1)(A).
``(B) In any case in which a third party is financially responsible
for part of the veteran's emergency treatment expenses, the Secretary
shall be the secondary payer.
``(C) A payment in the amount payable under subparagraph (A) shall
be considered payment in full and shall extinguish the veteran's
liability to the provider.
``(D) The Secretary may not reimburse a veteran under this section
for any copayment or similar payment that the veteran owes the third
party or for which the veteran is responsible under a health-plan
contract.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to emergency treatment furnished on or
after the date of the enactment of this Act.
(2) Reimbursement for treatment provided before effective
date.--The Secretary may provide reimbursement under section 1725
of title 38, United States Code, as amended by subsections (a) and
(b), for emergency treatment furnished to a veteran before the date
of the enactment of this Act, if the Secretary determines that,
under the circumstances applicable with respect to the veteran, it
is appropriate to do so.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.