IIB 

115TH CONGRESS 

2D SESSION H. R. 1972 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2018 

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

AN ACT 

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. 

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


pbinns on DSK79D2C42PROD with BILLS
2 

HR 1972 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘VA Billing Account3 ability Act’’. 

4 SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 

5 TO WAIVE REQUIREMENT OF CERTAIN VET6 ERANS TO MAKE COPAYMENTS FOR CARE 

7 AND SERVICES IN THE CASE OF DEPART8 MENT OF VETERANS AFFAIRS ERROR. 

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

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

11 United States Code, is amended by adding at the end the 

12 following new subparagraph: 

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

14 veteran to make a payment under this subsection or sub15 section (g) if— 

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

17 an employee of the Department was the cause of de18 laying notification sent to the veteran of the require19 ment to make the payment; and 

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

21 than 180 days after the date on which the veteran 

22 received the care or services for which the payment 

23 was required.’’. 

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

25 amended— 


pbinns on DSK79D2C42PROD with BILLS
3 

HR 1972 RFS

1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing new subsection (c): 

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

6 veteran to make a payment under this section if— 

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

8 an employee of the Department was the cause of de9 laying notification sent to the veteran of the require10 ment to make the payment; and 

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

12 than 180 days after the date on which the veteran 

13 received the medication for which the payment was 

14 required.’’. 

15 (c) BILLING PROCEDURES.— 

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

17 of such title is amended by adding at the end the 

18 following new section: 

19 ‘‘§ 1709C. Procedures for copayments 

20 ‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In re21 quiring a veteran to make a payment for care or services 

22 provided at a medical facility of the Department pursuant 

23 to this chapter, including sections 1710 and 1722A, the 

24 Secretary shall provide to such veteran a notification of 

25 such required payment by not later than 180 days after 


pbinns on DSK79D2C42PROD with BILLS
4 

HR 1972 RFS

1 the date on which the veteran receives the care or services 

2 for which payment is required. 

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

4 a notification of the required payment by the date required 

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

6 payment, including through a third-party entity, unless 

7 the Secretary provides the veteran the following: 

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

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

10 1722A(c) of this title, as appropriate. 

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

12 payment plan with the Secretary. 

13 ‘‘(C) Opportunity to make such a waiver or es14 tablish such a payment plan. 

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

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

17 provided at a non-Department facility pursuant to this 

18 chapter or other provision of law, the Secretary shall pro19 vide to such veteran a notification of such required pay20 ment by not later than 18 months after the date on which 

21 the veteran receives the care or services for which payment 

22 is required. 

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

24 a notification of the required payment by the date required 

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


pbinns on DSK79D2C42PROD with BILLS
5 

HR 1972 RFS

1 payment, including through a third-party entity, unless 

2 the Secretary provides the veteran the following: 

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

4 waiver described in paragraph (3). 

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

6 payment plan with the Secretary. 

7 ‘‘(C) Opportunity to make such a waiver or es8 tablish such a payment plan. 

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

10 veteran to make a payment for care or services provided 

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

12 other provision of law if— 

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

14 employee of the Department, or a non-Department 

15 facility was the cause of delaying the notification 

16 sent to the veteran of the requirement to make the 

17 payment; and 

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

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

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended 

22 by inserting after the item relating to section 1709B 

23 the following new item: 

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


pbinns on DSK79D2C42PROD with BILLS
6 

HR 1972 RFS

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

2 180 days after the date of the enactment of this Act, the 

3 Secretary of Veterans Affairs shall— 

4 (1) review the copayment billing internal con5 trols and notification procedures of the Department 

6 of Veterans Affairs; and 

7 (2) improve such controls and procedures, in8 cluding pursuant to the amendments made by this 

9 Act. 

Passed the House of Representatives May 21, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


pbinns on DSK79D2C42PROD with BILLS