IB 

Union Calendar No. 22 

111TH CONGRESS 

1ST SESSION H. R. 1377 

[Report No. 111–55] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2009 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

MARCH 26, 2009 

Additional sponsors: Mr. MICHAUD and Ms. CORRINE BROWN of Florida 

MARCH 26, 2009 

Reported with an amendment, committed to the Committee of the Whole 

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

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

A BILL 

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 RH

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 RH

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.—The amendments made by 

12 subsections (a) and (b) shall apply with respect to emer13 gency treatment furnished on or after October 8, 2007. 

14 SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR RE15 IMBURSEMENT BY SECRETARY OF VETERANS 

16 AFFAIRS FOR EMERGENCY TREATMENT FUR17 NISHED IN A NON-DEPARTMENT FACILITY. 

18 (a) EXPANSION OF ELIGIBILITY.—Section 1725 of title 

19 38, United States Code, is amended— 

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

21 part’’; and 

22 (2) in subsection (f)(2), by striking subpara23 graph (E). 


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1 (b) LIMITATIONS ON REIMBURSEMENT.—Subsection 

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

3 following new paragraph: 

4 ‘‘(4)(A) If the veteran has contractual or legal recourse 

5 against a third party that would only, in part, extinguish 

6 the veteran’s liability to the provider of the emergency treat7 ment, and payment for the treatment may be made both 

8 under subsection (a) and by the third party, the amount 

9 payable for such treatment under such subsection shall be 

10 the amount by which the costs for the emergency treatment 

11 exceed the amount payable or paid by the third party, ex12 cept that the amount payable may not exceed the maximum 

13 amount payable established under paragraph (1)(A). 

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

15 responsible for part of the veteran’s emergency treatment 

16 expenses, the Secretary shall be the secondary payer. 

17 ‘‘(C) A payment in the amount payable under sub18 paragraph (A) shall be considered payment in full and shall 

19 extinguish the veteran’s liability to the provider. 

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

21 under this section for any copayment or similar payment 

22 that the veteran owes the third party or for which the vet23 eran is responsible under a health-plan contract.’’. 

24 (c) EFFECTIVE DATE.— 


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

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

3 the enactment of this Act, and shall apply with re4 spect to emergency treatment furnished on or after the 

5 date of the enactment of this Act. 

6 (2) REIMBURSEMENT FOR TREATMENT PROVIDED

7 BEFORE EFFECTIVE DATE.—The Secretary may pro8 vide reimbursement under section 1725 of title 38, 

9 United States Code, as amended by subsections (a) 

10 and (b), for emergency treatment furnished to a vet11 eran before the date of the enactment of this Act, if 

12 the Secretary determines that, under the cir13 cumstances applicable with respect to the veteran, it 

14 is appropriate to do so. 


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Union Calendar No. 22 

111TH CONGRESS 

1ST SESSION H. R. 1377 

[Report No. 111–55] 

A BILL 

To amend title 38, United States Code, to expand 

for other purposes. ment furnished in a non-Department facility, and retary of Veterans Affairs for emergency treatveteran eligibility for reimbursement by the SecMARCH 26, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS