II 

115TH CONGRESS 

1ST SESSION S. 2131 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to furnish medically necessary transportation for newborn children 

of certain women veterans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2017 

Mrs. MURRAY (for herself and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to furnish medically necessary transportation for newborn children of certain 

women veterans, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘VA Newborn Emer5 gency Treatment Act’’. 


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1 SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AF2 FAIRS TO FURNISH MEDICALLY NECESSARY 

3 TRANSPORTATION FOR NEWBORN CHILDREN 

4 OF CERTAIN WOMEN VETERANS. 

5 (a) IN GENERAL.—Section 1786 of title 38, United 

6 States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) in the matter before paragraph (1)— 

9 (i) by inserting ‘‘and transportation 

10 necessary to receive such services’’ after 

11 ‘‘described in subsection (b)’’; and 

12 (ii) by inserting ‘‘, except as provided 

13 in subsection (e),’’ after ‘‘seven days’’; 

14 (B) in paragraph (1), by striking ‘‘or’’; 

15 (C) in paragraph (2), by striking the pe16 riod at the end and inserting ‘‘; or’’; and 

17 (D) by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) another location if the veteran is unable to 

20 deliver the child in a facility described in paragraph 

21 (1) or (2).’’; 

22 (2) in subsection (b), by inserting before the pe23 riod at the end the following ‘‘, including necessary 

24 health care services provided by a facility other than 

25 the facility where the newborn child was delivered 

26 (including a specialty pediatric hospital) that accepts 


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1 transfer of the newborn child and responsibility for 

2 treatment of the newborn child’’; and 

3 (3) by adding at the end the following new sub4 sections: 

5 ‘‘(c) TRANSPORTATION.—(1) Transportation fur6 nished under subsection (a) to, or between, care settings 

7 to meet the needs of a newborn child includes costs for 

8 either or both the child and parents. 

9 ‘‘(2) Transportation furnished under subsection (a) 

10 includes transportation by ambulance, including air ambu11 lance, or other appropriate modes of transportation— 

12 ‘‘(A) to another health care facility (including a 

13 specialty pediatric hospital) that accepts transfer of 

14 the newborn child or otherwise provides post-delivery 

15 care services when the original treating facility is 

16 not capable of furnishing the care or services re17 quired; or 

18 ‘‘(B) to a health care facility in a medical emer19 gency of such nature that a prudent layperson rea20 sonably expects that delay in seeking immediate 

21 medical attention would be hazardous to life or 

22 health. 

23 ‘‘(3) The Secretary shall directly reimburse a pro24 vider of ambulance or air ambulance services for transpor25 tation services provided under this section. 


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1 ‘‘(4) Amounts paid by the Department for transpor2 tation under this section shall be derived from the Medical 

3 Services appropriations account of the Department. 

4 ‘‘(d) PAYMENT FOR TREATMENT OR TRANSPOR5 TATION.—(1) Payment by the Secretary under this section 

6 on behalf of a veteran to a covered entity shall, unless 

7 rejected and refunded by the covered entity within 30 days 

8 of receipt, extinguish any liability on the part of the vet9 eran for that treatment or transportation. 

10 ‘‘(2) Neither the absence of a contract or agreement 

11 between the Secretary and a covered entity nor any provi12 sion of a contract, agreement, or assignment to the con13 trary shall operate to modify, limit, or negate the require14 ments of paragraph (1). 

15 ‘‘(3) In this subsection, the term ‘covered entity’ 

16 means any individual, transportation carrier, organization, 

17 or other entity that furnished or paid for health care or 

18 transportation services under this section. 

19 ‘‘(e) EXCEPTION.—The Secretary may furnish more 

20 than seven days of health care services described in sub21 section (b) to a newborn child based on medical necessity 

22 if the child is in need of additional care.’’. 

23 (b) TREATMENT OF CERTAIN DEBTS ALREADY IN24 CURRED.—The Secretary of Veterans Affairs may waive 

25 a debt for or reimburse a veteran billed for the cost of 


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1 transportation that was furnished in order for a newborn 

2 child to receive health care services under section 1786 

3 of title 38, United States Code, before the date of the en4 actment of this Act. 

Æ 


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