H. R. 1377
IN THE HOUSE OF REPRESENTATIVES
March 6, 2009
Mr. Filner introduced the following bill; which was referred to the Committee on Veterans’ Affairs
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.
Expansion of veteran eligibility for reimbursement by Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility
Expansion of eligibility
Section 1725 of title 38, United States Code, is amended—
(b)(3)(C), by striking
or in part; and
in subsection (f)(2), by striking subparagraph (E).
Limitations on reimbursement
Subsection (c) of such section is amended by adding at the end the following new paragraph:
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).
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.
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.
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.
The amendments made by subsections (a) and (b) shall apply with respect to emergency treatment furnished on or after October 8, 2007.