PUBLIC LAW 111–137—FEB. 1, 2010 123 STAT. 3495 

Public Law 111–137 

111th Congress 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSEMENT BY SECRETARY OF VETERANS AFFAIRS FOR 

EMERGENCY TREATMENT FURNISHED IN A NONDEPARTMENT FACILITY. 

(a) EXPANSION OF ELIGIBILITY.—Section 1725 of title 38, United 

States Code, is amended— 

(1) in subsection (b)(3)(C), by striking ‘‘or in part’’; and 

(2) in subsection (f)(2), by striking subparagraph (E). 

(b) LIMITATIONS ON REIMBURSEMENT.—Subsection (c) of such 

section is amended by adding at the end the following new paragraph: 

‘‘(4)(A) 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). 

‘‘(B) 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. 

‘‘(C) 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. 

‘‘(D) 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.’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by subsections 

(a) and (b) shall take effect on the date of the enactment 

of this Act, and shall apply with respect to emergency treatment 

furnished on or after the date of the enactment of this Act. 

(2) REIMBURSEMENT FOR TREATMENT PROVIDED BEFORE

EFFECTIVE DATE.—The Secretary may provide reimbursement 

under section 1725 of title 38, United States Code, as amended 

Applicability. 

38 USC 1725 

note. 

Feb. 1, 2010 

[H.R. 1377] 


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123 STAT. 3496 PUBLIC LAW 111–137—FEB. 1, 2010 

LEGISLATIVE HISTORY—H.R. 1377: 

HOUSE REPORTS: No. 111–55 (Comm. on Veterans’ Affairs). 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Mar. 30, considered and passed House. 

Dec. 18, considered and passed Senate. 

Æ 

by subsections (a) and (b), for emergency treatment furnished 

to a veteran before the date of the enactment of this Act, 

if the Secretary determines that, under the circumstances 

applicable with respect to the veteran, it is appropriate to 

do so. 

Approved February 1, 2010. 


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