II

106TH CONGRESS

1ST SESSION S. 1146

To amend title 38, United States Code, to improve access of veterans to

emergency medical care in non-Department of Veterans Affairs medical

facilities.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. DASCHLE (for himself and Mr. ROCKEFELLER) introduced the following

bill; which was read twice and referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to improve access

of veterans to emergency medical care in non-Department of Veterans Affairs medical facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans’ Access to

5 Emergency Care Act of 1999’’.
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1 SEC. 2. EMERGENCY HEALTH CARE IN NON-DEPARTMENT

2 OF VETERANS AFFAIRS FACILITIES FOR EN3 ROLLED VETERANS.

4 (a) DEFINITIONS.—Section 1701 of title 38, United

5 States Code, is amended—

6 (1) in paragraph (6)—

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (A);

9 (B) by striking the period at the end of

10 subparagraph (B) and inserting ‘‘; and’’; and

11 (C) by inserting after subparagraph (B)

12 the following new subparagraph:

13 ‘‘(C) emergency care, or reimbursement for

14 such care, as described in sections 1703(a)(3) and

15 1728(a)(2)(E) of this title.’’; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(10) The term ‘emergency medical condition’

19 means a medical condition manifesting itself by

20 acute symptoms of sufficient severity (including se21 vere pain) such that a prudent layperson, who pos22 sesses an average knowledge of health and medicine,

23 could reasonably expect the absence of immediate

24 medical attention to result in—

25 ‘‘(A) placing the health of the individual

26 (or, with respect to a pregnant woman, the
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1 health of the woman or her unborn child) in se2 rious jeopardy;

3 ‘‘(B) serious impairment to bodily func4 tions; or

5 ‘‘(C) serious dysfunction of any bodily

6 organ or part.’’.

7 (b) CONTRACT CARE.—Section 1703(a)(3) of such

8 title is amended by striking ‘‘medical emergencies’’ and

9 all that follows through ‘‘health of a veteran’’ and insert10 ing ‘‘an emergency medical condition of a veteran who is

11 enrolled under section 1705 of this title or who is’’.

12 (c) REIMBURSEMENT OF EXPENSES FOR EMER13 GENCY CARE.—Section 1728(a)(2) of such title is

14 amended—

15 (1) by striking ‘‘or’’ before ‘‘(D)’’; and

16 (2) by inserting before the semicolon at the end

17 the following: ‘‘, or (E) for any emergency medical

18 condition of a veteran enrolled under section 1705 of

19 this title’’.

20 (d) PAYMENT PRIORITY.—Section 1705 of such title

21 is amended by adding at the end the following new sub22 section:

23 ‘‘(d) The Secretary shall require in a contract under

24 section 1703(a)(3) of this title, and as a condition of pay25 ment under section 1728(a)(2) of this title, that payment
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1 by the Secretary for treatment under such contract, or

2 under such section, of a veteran enrolled under this section

3 shall be made only after any payment that may be made

4 with respect to such treatment under part A or part B

5 of the Medicare program and after any payment that may

6 be made with respect to such treatment by a third-party

7 insurance provider.’’.

8 (e) EFFECTIVE DATE.—The amendments made by

9 this section shall apply with respect to care or services

10 provided on or after the date of the enactment of this Act.

Æ