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Union Calendar No. 104

108TH CONGRESS 

1ST SESSION H. R. 1562

[Report No. 108–114, Part I] 

To amend title 38, United States Code, to enhance the authority of the 

Department of Veterans Affairs to recover costs of medical care furnished 

to veterans and other persons by the Department from third parties 

that provide health insurance coverage to such veterans and other persons. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2003

Mr. BEAUPREZ (for himself, Mr. SMITH of New Jersey, Mr. EVANS, Mr. SIMMONS, and Mr. RODRIGUEZ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

MAY 19, 2003 

Reported with amendments and referred to the Committee on Ways and 

Means for a period ending not later than May 23, 2003, for consideration 

of such provisions of the bill and amendments as fall within the jurisdiction of that committee pursuant to clause 1(s), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 23, 2003

Referral to the Committee on Ways and Means extended for a period ending 

not later than June 13, 2003

JUNE 13, 2003

Referral to the Committee on Ways and Means extended for a period ending 

not later than June 27, 2003

JUNE 27, 2003

Referral to the Committee on Ways and Means extended for a period ending 

not later than July 11, 2003
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JULY 11, 2003

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 2, 2003] 

A BILL

To amend title 38, United States Code, to enhance the 

authority of the Department of Veterans Affairs to recover costs of medical care furnished to veterans and 

other persons by the Department from third parties that 

provide health insurance coverage to such veterans and 

other persons.

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 Health Care 

5 Cost Recovery Act of 2003’’. 

6 SEC. 2. AUTHORITY FOR DEPARTMENT OF VETERANS AF7 FAIRS TO RECOVER MEDICAL COSTS FROM 

8 THIRD-PARTY PROVIDERS AS IF IT IS A PRE9 FERRED PROVIDER ORGANIZATION. 

10 (a) IN GENERAL.—Section 1729(f) of title 38, United 

11 States Code, is amended by adding at the end the following 

12 new sentence: ‘‘The absence of a participation agreement 

13 or other contractual arrangement entered into by the Sec14 retary with a person obligated to provide, or to pay, the 

15 expenses of health services under a health-plan contract or 
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1 with a third party that is a preferred provider organization 

2 may not be used or operate to prevent, or reduce the amount 

3 of, any such recovery or collection by the United States.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall apply only with respect to care and services 

6 furnished under chapter 17 of title 38, United States Code, 

7 on and after the date of the enactment of this Act. 

8 SEC. 3. RECOVERY OF COSTS OF HEALTH CARE AND SERV9 ICES PROVIDED TO PERSONS OTHER THAN 

10 VETERANS. 

11 (a) COST RECOVERY.—Section 1729 of title 38, United 

12 States Code, is amended by adding at the end the following 

13 new subsection: 

14 ‘‘(j)(1) Whenever the Secretary furnishes care and serv15 ices to a person other than a veteran, the United States 

16 shall have the right to recover or collect charges for such 

17 care or services in the same manner, and to the same extent, 

18 as is provided under this section for care and services fur19 nished to a veteran, except that for such purpose the terms 

20 ‘health-plan contract’ and ‘third-party’ shall have the 

21 meanings set forth in paragraphs (2) and (3), respectively, 

22 of section 1725(f) of this title. 

23 ‘‘(2) The amounts of charges under paragraph (1) shall 

24 be in such amounts as the Secretary may prescribe by regu25 lation.’’. 
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1 (b) TECHNICAL AMENDMENTS.—Subsection (a)(2) of 

2 such section is amended—

3 (1) by inserting ‘‘or’’ at the end of subparagraph 

4 (C); and 

5 (2) by striking subparagraphs (D) and (E) and 

6 inserting the following: 

7 ‘‘(D) that is incurred by a veteran who is enti8 tled to care (or payment of the expenses of care)

9 under a health-plan contract, but, in the case of a 

10 veteran who has a service-connected disability, only 

11 with respect to care and services furnished before Oc12 tober 1, 2007.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall apply only with respect to care and services 

15 furnished under chapter 17 of title 38, United States Code, 

16 on and after the date of the enactment of this Act. 

17 SEC. 4. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

18 HEALTH CARE FACILITY, CHICAGO, ILLINOIS. 

19 The Department of Veterans Affairs health care facility 

20 located at 820 South Damen Avenue in Chicago, Illinois, 

21 shall after the date of the enactment of this Act be known 

22 and designated as the ‘‘Jesse Brown Department of Veterans 

23 Affairs Medical Center’’. Any reference to such facility in 

24 any law, map, regulation, document, paper, or other record 

25 of the United States shall be considered to be a reference 
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1 to the Jesse Brown Department of Veterans Affairs Medical 

2 Center. 

3 SEC. 5. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

4 OUTPATIENT CLINIC, NEW LONDON, CON5 NECTICUT. 

6 The Department of Veterans Affairs outpatient clinic 

7 located in New London, Connecticut, shall after the date 

8 of the enactment of this Act be known and designated as 

9 the ‘‘John J. McGuirk Department of Veterans Affairs Out10 patient Clinic’’. Any reference to such outpatient clinic in 

11 any law, regulation, map, document, record, or other paper 

12 of the United States shall be considered to be a reference 

13 to the John J. McGuirk Department of Veterans Affairs 

14 Outpatient Clinic.

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to enhance the authority of the 

Department of Veterans Affairs to recover costs of medical care furnished to veterans and other persons by the 

Department from third parties that provide health insurance coverage to such veterans and other persons, and 

for other purposes.’’.
Union Calendar No. 104

108TH CONGRESS 

1ST SESSION H. R. 1562

[Report No. 108–114, Part I] 

A BILL

To amend title 38, United States Code, to enhance 

the authority of the Department of Veterans Affairs to recover costs of medical care furnished to veterans and other persons by the Department from third parties that provide health insurance coverage to such veterans and other persons. 

JULY 11, 2003

Committee on Ways and Means discharged; committed to 

the Committee of the Whole House on the State of the Union and ordered to be printed