II 

116TH CONGRESS 

2D SESSION S. 3888 

To ensure that veterans receive timely and effective health care under the 

Veterans Community Care Program and Veterans Care Agreements during the COVID–19 emergency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2020 

Mrs. SHAHEEN introduced the following bill; which was read twice and 

referred to the Committee on Veterans’ Affairs 

A BILL 

To ensure that veterans receive timely and effective health 

care under the Veterans Community Care Program and 

Veterans Care Agreements during the COVID–19 emergency, 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. COMMUNITY CARE FOR VETERANS DURING 

4 COVID–19 EMERGENCY. 

5 (a) VETERANS COMMUNITY CARE PROGRAM AND

6 VETERANS CARE AGREEMENTS.— 

7 (1) ELIGIBILITY FOR COVID–19 CARE.—During 

8 the period of a covered public health emergency, the 


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1 Secretary of Veterans Affairs shall furnish COVID– 

2 19 care, regardless of whether such care is for a 

3 service-connected disability— 

4 (A) under section 1703 of title 38, United 

5 States Code, to any veteran described in sub6 section (b) of such section; and 

7 (B) under section 1703A of such title, to 

8 any individual described in subsection (l) of 

9 such section. 

10 (2) PREAUTHORIZATION FOR CERTAIN SERV11 ICES NOT REQUIRED.— 

12 (A) IN GENERAL.—During the period of a 

13 covered public health emergency, in carrying 

14 out section 1703(a)(3) of title 38, United 

15 States Code, the Secretary of Veterans Affairs 

16 shall treat medical care and services described 

17 in subparagraph (B) as being authorized by the 

18 Secretary under such section, regardless of 

19 whether the Secretary is notified of such care 

20 by any deadline otherwise required by the Sec21 retary for purposes of such section. 

22 (B) MEDICAL CARE AND SERVICES DE23 SCRIBED.—The medical care and services de24 scribed in this subparagraph are the following: 

25 (i) COVID–19 care. 


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1 (ii) Emergency medical care and serv2 ices. 

3 (b) EMERGENCY TREATMENT.— 

4 (1) RULE.—During the period of a covered 

5 public health emergency, the Secretary of Veterans 

6 Affairs shall administer claims for payments relating 

7 to emergency COVID–19 care as follows: 

8 (A) If the community care provider that 

9 furnished the care is an eligible provider under 

10 section 1703 of title 38, United States Code, 

11 the Secretary shall administer the claim pursu12 ant to that section. 

13 (B) If the community care provider has en14 tered into a Veterans Care Agreement under 

15 section 1703A of such title, the Secretary shall 

16 administer the claim pursuant to that section. 

17 (C) If the community care provider is not 

18 described in subparagraph (A) or (B), the Sec19 retary shall administer the claim pursuant to 

20 section 1725 or 1728 of such title, as the case 

21 may be. 

22 (2) SCOPE OF TREATMENT.—During the period 

23 of a covered public health emergency, emergency 

24 COVID–19 care furnished to veterans shall be 

25 deemed to be emergency treatment for purposes of 


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1 sections 1725 and 1728 of title 38, United States 

2 Code, regardless of whether— 

3 (A) such care meets the requirements of 

4 subparagraphs (A) and (B) of subsection (f)(1) 

5 of such section 1725; or 

6 (B) such care is furnished after the vet7 eran can be transferred, or is accepted for a 

8 transfer, to a facility of the Department of Vet9 erans Affairs or other Federal facility as de10 scribed in clauses (i) and (ii) of subparagraph 

11 (C) of such subsection. 

12 (3) ENROLLMENT REQUIREMENTS.—During 

13 the period of a covered public health emergency, in 

14 carrying out section 1725 of title 38, United States 

15 Code, the Secretary shall determine whether a vet16 eran who receives emergency COVID–19 care is an 

17 active Department health care participant under 

18 subsection (b) of such section without regard to 

19 whether the veteran meets the requirement in para20 graph (2)(B) of such subsection. 

21 (4) SUBMISSION OF CLAIMS.—During the pe22 riod of a covered public health emergency, subsection 

23 (b) of section 1703D of title 38, United States Code, 

24 shall apply with respect to community care providers 

25 furnishing emergency COVID–19 care to veterans 


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1 pursuant to sections 1725 and 1728 of title 38, 

2 United States Code. 

3 (c) PRIMARY PAYER.— 

4 (1) IN GENERAL.—During the period of a cov5 ered public health emergency, notwithstanding sec6 tion 1725 of title 38, United States Code, or any 

7 other provision of law, the Secretary of Veterans Af8 fairs shall be the primary payer with respect to 

9 COVID–19 care furnished to veterans, including 

10 with respect to the transportation of a veteran by 

11 ambulance. 

12 (2) REIMBURSEMENT.—The Secretary may 

13 seek reimbursement from any third party that would 

14 otherwise be liable for COVID–19 care furnished to 

15 a veteran or obligated to provide or to pay the ex16 penses of such care, including pursuant to a health17 plan contract. 

18 (d) APPLICATION.—This section shall apply to med19 ical care or services furnished during the period of a cov20 ered public health emergency, regardless of whether such 

21 care or services were furnished before the date of the en22 actment of this Act. 

23 (e) DEFINITIONS.—In this section: 

24 (1) The term ‘‘community care provider’’ has 

25 the meaning given the term ‘‘health care entity or 


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1 provider’’ in section 1703D(i) of title 38, United 

2 States Code. 

3 (2) The term ‘‘covered public health emer4 gency’’ means the declaration— 

5 (A) of a public health emergency, based on 

6 an outbreak of COVID–19, by the Secretary of 

7 Health and Human Services under section 319 

8 of the Public Health Service Act (42 U.S.C. 

9 247d); or 

10 (B) of a domestic emergency, based on an 

11 outbreak of COVID–19, by the President, the 

12 Secretary of Homeland Security, or a State or 

13 local authority. 

14 (3) The term ‘‘COVID–19 care’’ means medical 

15 care or services furnished to a veteran by a commu16 nity care provider pursuant to chapter 17 of title 38, 

17 United States Code, or any other law administered 

18 by the Secretary of Veterans Affairs, for the diag19 nosis or treatment of COVID–19. 

20 (4) The term ‘‘health-plan contract’’ and ‘‘third 

21 party’’ have the meanings given those terms in sec22 tion 1725 of title 38, United States Code. 

Æ 


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