II 

115TH CONGRESS 

1ST SESSION S. 544 

To amend the Veterans Access, Choice, and Accountability Act of 2014 

to modify the termination date for the Veterans Choice Program, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2017 

Mr. TESTER (for himself, Mr. MCCAIN, Mr. MORAN, Mr. ISAKSON, Mr. 

BLUMENTHAL, Mr. SCHATZ, Mr. BENNET, Mr. BOOZMAN, Ms. 

HEITKAMP, and Mr. ROUNDS) introduced the following bill; which was 

read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend the Veterans Access, Choice, and Accountability 

Act of 2014 to modify the termination date for the 

Veterans Choice Program, and for other purposes. 

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

3 SECTION 1. MODIFICATION OF TERMINATION DATE FOR 

4 VETERANS CHOICE PROGRAM. 

5 Section 101(p)(2) of the Veterans Access, Choice, 

6 and Accountability Act of 2014 (Public Law 113–146; 38 

7 U.S.C. 1701 note) is amended by striking ‘‘, or the date 


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1 that is 3 years after the date of the enactment of this 

2 Act, whichever occurs first’’. 

3 SEC. 2. ELIMINATION OF REQUIREMENT TO ACT AS SEC4 ONDARY PAYER FOR CARE RELATING TO 

5 NON-SERVICE-CONNECTED DISABILITIES 

6 AND RECOVERY OF COSTS FOR CERTAIN 

7 CARE UNDER CHOICE PROGRAM. 

8 (a) IN GENERAL.—Section 101(e) of the Veterans 

9 Access, Choice, and Accountability Act of 2014 (Public 

10 Law 113–146; 38 U.S.C. 1701 note) is amended— 

11 (1) in the subsection heading, by striking 

12 ‘‘OTHER HEALTH-CARE PLAN’’ and inserting ‘‘RE13 SPONSIBILITY FOR COSTS OF CERTAIN CARE’’; 

14 (2) in paragraph (1), in the paragraph heading, 

15 by striking ‘‘TO SECRETARY’’ and inserting ‘‘ON

16 HEALTH-CARE PLANS’’; 

17 (3) by striking paragraphs (2) and (3); 

18 (4) by redesignating paragraph (4) as para19 graph (2); and 

20 (5) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) RECOVERY OF COSTS FOR CERTAIN

23 CARE.— 

24 ‘‘(A) IN GENERAL.—In any case in which 

25 an eligible veteran is furnished hospital care or 


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1 medical services under this section for a non2 service-connected disability described in sub3 section (a)(2) of section 1729 of title 38, 

4 United States Code, or for a condition for 

5 which recovery is authorized or with respect to 

6 which the United States is deemed to be a third 

7 party beneficiary under Public Law 87–693, 

8 commonly known as the ‘Federal Medical Care 

9 Recovery Act’ (42 U.S.C. 2651 et seq.), the 

10 Secretary shall recover or collect from a third 

11 party (as defined in subsection (i) of such sec12 tion 1729) reasonable charges for such care or 

13 services to the extent that the veteran (or the 

14 provider of the care or services) would be eligi15 ble to receive payment for such care or services 

16 from such third party if the care or services 

17 had not been furnished by a department or 

18 agency of the United States. 

19 ‘‘(B) USE OF AMOUNTS.—Amounts col20 lected by the Secretary under subparagraph (A) 

21 shall be deposited in the Medical Community 

22 Care account of the Department. Amounts so 

23 deposited shall remain available until ex24 pended.’’. 


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1 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

2 such section is amended by striking ‘‘paragraph (4)’’ and 

3 inserting ‘‘paragraph (2)’’. 

4 SEC. 3. AUTHORITY TO DISCLOSE CERTAIN MEDICAL 

5 RECORDS OF VETERANS WHO RECEIVE NON6 DEPARTMENT OF VETERANS AFFAIRS 

7 HEALTH CARE. 

8 Section 7332(b)(2) of title 38, United States Code, 

9 is amended by adding at the end the following new sub10 paragraph: 

11 ‘‘(H)(i) To a non-Department entity (including 

12 private entities and other Federal agencies) that 

13 provides hospital care or medical services to veterans 

14 as authorized by the Secretary. 

15 ‘‘(ii) An entity to which a record is disclosed 

16 under this subparagraph may not redisclose or use 

17 such record for a purpose other than that for which 

18 the disclosure was made.’’. 

Æ 


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