IB 

Union Calendar No. 524 

115TH CONGRESS 

2D SESSION H. R. 1972 

[Report No. 115–681] 

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

Affairs to waive the requirement of certain veterans to make copayments 

for hospital care and medical services in the case of an error by the 

Department of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Mr. SMUCKER (for himself, Mr. EMMER, and Mr. PETERSON) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

MAY 18, 2018 

Additional sponsors: Mr. PAULSEN, Mr. COSTELLO of Pennsylvania, Mr. 

RUTHERFORD, Mr. STIVERS, Mr. RODNEY DAVIS of Illinois, Mr. MACARTHUR, Mr. LOBIONDO, Mr. DENHAM, Mr. GIBBS, Mr. DONOVAN, Mrs. 

BROOKS of Indiana, Mr. VALADAO, Mr. WALDEN, Mr. NEWHOUSE, Mr. 

MITCHELL, Mr. UPTON, Mr. FASO, Mr. MARINO, Ms. TENNEY, Ms. 

STEFANIK, Mr. KELLY of Pennsylvania, Mr. KATKO, Mr. MEEHAN, Mr. 

REED, Mr. LANCE, Mr. TURNER, Mr. FITZPATRICK, Mr. JONES, Mr. 

HARPER, Mr. HIGGINS of Louisiana, Mr. THOMPSON of Pennsylvania, 

Mr. GAETZ, Mrs. WALORSKI, Mr. HUDSON, Mr. GALLAGHER, Mr. TIPTON, Mr. KING of Iowa, Mr. GROTHMAN, Mr. BARLETTA, Mr. MARSHALL, Mr. BOST, Mr. JOHNSON of Ohio, Ms. SINEMA, Mr. WESTERMAN, 

Mr. GONZALEZ of Texas, and Mr. CRAWFORD

MAY 18, 2018 

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] 

[For text of introduced bill, see copy of bill as introduced on April 6, 2017] 


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A BILL 

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

Secretary of Veterans Affairs to waive the requirement 

of certain veterans to make copayments for hospital care 

and medical services in the case of an error by the 

Department of Veterans Affairs, and for other purposes. 


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•HR 1972 RH

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 Billing Account5 ability Act’’. 

6 SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 

7 TO WAIVE REQUIREMENT OF CERTAIN VET8 ERANS TO MAKE COPAYMENTS FOR CARE 

9 AND SERVICES IN THE CASE OF DEPARTMENT 

10 OF VETERANS AFFAIRS ERROR. 

11 (a) HOSPITAL CARE, NURSING HOME CARE, AND

12 MEDICAL SERVICES.—Section 1710(f)(3) of title 38, United 

13 States Code, is amended by adding at the end the following 

14 new subparagraph: 

15 ‘‘(G) The Secretary may waive the requirement of a 

16 veteran to make a payment under this subsection or sub17 section (g) if— 

18 ‘‘(i) an error committed by the Department or 

19 an employee of the Department was the cause of de20 laying notification sent to the veteran of the require21 ment to make the payment; and 

22 ‘‘(ii) the veteran received such notification later 

23 than 180 days after the date on which the veteran re24 ceived the care or services for which the payment was 

25 required.’’. 


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1 (b) MEDICATIONS.—Section 1722A of such title is 

2 amended— 

3 (1) by redesignating subsection (c) as subsection 

4 (d); and 

5 (2) by inserting after subsection (b) the following 

6 new subsection (c): 

7 ‘‘(c) The Secretary may waive the requirement of a 

8 veteran to make a payment under this section if— 

9 ‘‘(1) an error committed by the Department or 

10 an employee of the Department was the cause of de11 laying notification sent to the veteran of the require12 ment to make the payment; and 

13 ‘‘(2) the veteran received such notification later 

14 than 180 days after the date on which the veteran re15 ceived the medication for which the payment was re16 quired.’’. 

17 (c) BILLING PROCEDURES.— 

18 (1) IN GENERAL.—Subchapter I of chapter 17 of 

19 such title is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 1709C. Procedures for copayments 

22 ‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In requir23 ing a veteran to make a payment for care or services pro24 vided at a medical facility of the Department pursuant to 

25 this chapter, including sections 1710 and 1722A, the SecVerDate Sep 11 2014 00:02 May 19, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1972.RH H1972

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1 retary shall provide to such veteran a notification of such 

2 required payment by not later than 180 days after the date 

3 on which the veteran receives the care or services for which 

4 payment is required. 

5 ‘‘(2) If the Secretary does not provide to a veteran a 

6 notification of the required payment by the date required 

7 under paragraph (1), the Secretary may not collect such 

8 payment, including through a third-party entity, unless the 

9 Secretary provides the veteran the following: 

10 ‘‘(A) Information regarding how to apply for a 

11 waiver described in section 1710(f)(3)(G) or section 

12 1722A(c) of this title, as appropriate. 

13 ‘‘(B) Information regarding how to establish a 

14 payment plan with the Secretary. 

15 ‘‘(C) Opportunity to make such a waiver or es16 tablish such a payment plan. 

17 ‘‘(b) CARE AT NON-DEPARTMENT FACILITY.—(1) In 

18 requiring a veteran to make a payment for care or services 

19 provided at a non-Department facility pursuant to this 

20 chapter or other provision of law, the Secretary shall pro21 vide to such veteran a notification of such required payment 

22 by not later than 18 months after the date on which the 

23 veteran receives the care or services for which payment is 

24 required. 


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1 ‘‘(2) If the Secretary does not provide to a veteran a 

2 notification of the required payment by the date required 

3 under paragraph (1), the Secretary may not collect such 

4 payment, including through a third-party entity, unless the 

5 Secretary provides the veteran the following: 

6 ‘‘(A) Information regarding how to apply for a 

7 waiver described in paragraph (3). 

8 ‘‘(B) Information regarding how to establish a 

9 payment plan with the Secretary. 

10 ‘‘(C) Opportunity to make such a waiver or es11 tablish such a payment plan. 

12 ‘‘(3) The Secretary may waive the requirement of a 

13 veteran to make a payment for care or services provided 

14 at a non-Department facility pursuant to this chapter or 

15 other provision of law if— 

16 ‘‘(A) an error committed by the Department, an 

17 employee of the Department, or a non-Department fa18 cility was the cause of delaying the notification sent 

19 to the veteran of the requirement to make the pay20 ment; and 

21 ‘‘(B) the veteran received such notification after 

22 the period described in paragraph (1).’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended by 


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1 inserting after the item relating to section 1709B the 

2 following new item: 

‘‘1709C. Procedures for copayments.’’. 

3 (d) IMPROVEMENT OF PROCEDURES.—Not later than 

4 180 days after the date of the enactment of this Act, the 

5 Secretary of Veterans Affairs shall— 

6 (1) review the copayment billing internal con7 trols and notification procedures of the Department of 

8 Veterans Affairs; and 

9 (2) improve such controls and procedures, in10 cluding pursuant to the amendments made by this 

11 Act. 


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Union Calendar No. 524 

115TH CONGRESS 

2D SESSION H. R. 1972 

[Report No. 115–681] 

A BILL 

To amend title 38, United States Code, to authorerans Affairs, and for other purposes. the case of an error by the Department of Vet- ments for hospital care and medical services in requirement of certain veterans to make copay- ize the Secretary of Veterans Affairs to waive the 

MAY 18, 2018 

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


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