IIB 

111TH CONGRESS 

1ST SESSION H. R. 1377 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2009 

Received; read twice and referred to the Committee on Veterans’ Affairs 

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. 

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


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HR 1377 RFS 

1 SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR RE2 IMBURSEMENT BY SECRETARY OF VETERANS 

3 AFFAIRS FOR EMERGENCY TREATMENT FUR4 NISHED IN A NON-DEPARTMENT FACILITY. 

5 (a) EXPANSION OF ELIGIBILITY.—Section 1725 of 

6 title 38, United States Code, is amended— 

7 (1) in subsection (b)(3)(C), by striking ‘‘or in 

8 part’’; and 

9 (2) in subsection (f)(2), by striking subpara10 graph (E). 

11 (b) LIMITATIONS ON REIMBURSEMENT.—Subsection 

12 (c) of such section is amended by adding at the end the 

13 following new paragraph: 

14 ‘‘(4)(A) If the veteran has contractual or legal re15 course against a third party that would only, in part, ex16 tinguish the veteran’s liability to the provider of the emer17 gency treatment, and payment for the treatment may be 

18 made both under subsection (a) and by the third party, 

19 the amount payable for such treatment under such sub20 section shall be the amount by which the costs for the 

21 emergency treatment exceed the amount payable or paid 

22 by the third party, except that the amount payable may 

23 not exceed the maximum amount payable established 

24 under paragraph (1)(A). 


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HR 1377 RFS 

1 ‘‘(B) In any case in which a third party is financially 

2 responsible for part of the veteran’s emergency treatment 

3 expenses, the Secretary shall be the secondary payer. 

4 ‘‘(C) A payment in the amount payable under sub5 paragraph (A) shall be considered payment in full and 

6 shall extinguish the veteran’s liability to the provider. 

7 ‘‘(D) The Secretary may not reimburse a veteran 

8 under this section for any copayment or similar payment 

9 that the veteran owes the third party or for which the vet10 eran is responsible under a health-plan contract.’’. 

11 (c) EFFECTIVE DATE.— 

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

13 subsections (a) and (b) shall take effect on the date 

14 of the enactment of this Act, and shall apply with 

15 respect to emergency treatment furnished on or 

16 after the date of the enactment of this Act. 

17 (2) REIMBURSEMENT FOR TREATMENT PRO18 VIDED BEFORE EFFECTIVE DATE.—The Secretary 

19 may provide reimbursement under section 1725 of 

20 title 38, United States Code, as amended by sub21 sections (a) and (b), for emergency treatment fur22 nished to a veteran before the date of the enactment 

23 of this Act, if the Secretary determines that, under 


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HR 1377 RFS 

1 the circumstances applicable with respect to the vet2 eran, it is appropriate to do so. 

Passed the House of Representatives March 30, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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