II 

114TH CONGRESS 

1ST SESSION S. 2052 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2015 

Ms. KLOBUCHAR (for herself and Mr. FRANKEN) 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Billing Accountability Act of 2015’’. 


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1 SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 

2 TO WAIVE REQUIREMENT OF CERTAIN VET3 ERANS TO MAKE COPAYMENTS FOR CARE 

4 AND SERVICES IN THE CASE OF DEPART5 MENT OF VETERANS AFFAIRS ERROR. 

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

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

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

9 following new subparagraph: 

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

11 veteran to make a payment under this subsection or sub12 section (g) if— 

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

14 an employee of the Department was the cause of de15 laying notification sent to the veteran of the require16 ment to make the payment; and 

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

18 than 120 days after the date on which the veteran 

19 received the care or services for which the payment 

20 was required.’’. 

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

22 amended— 

23 (1) by redesignating subsection (c) as sub24 section (d); and 

25 (2) by inserting after subsection (b) the fol26 lowing new subsection (c): 


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

2 veteran to make a payment under this section if— 

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

4 an employee of the Department was the cause of de5 laying notification sent to the veteran of the require6 ment to make the payment; and 

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

8 than 120 days after the date on which the veteran 

9 received the medication for which the payment was 

10 required.’’. 

11 (c) BILLING PROCEDURES.— 

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

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

14 following new section: 

15 ‘‘§ 1709C. Procedures for copayments 

16 ‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In re17 quiring a veteran to make a payment for care or services 

18 provided at a medical facility of the Department pursuant 

19 to this chapter, including sections 1710 and 1722A of this 

20 title, the Secretary shall provide to such veteran a notifica21 tion of such required payment by not later than 120 days 

22 after the date on which the veteran receives the care or 

23 services for which payment is required. 

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

25 a notification of the required payment by the date required 


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

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

3 the Secretary provides the veteran the following: 

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

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

6 1722A(c) of this title, as appropriate. 

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

8 payment plan with the Secretary. 

9 ‘‘(C) An opportunity to make such a waiver or 

10 establish such a payment plan. 

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

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

13 provided at a non-Department facility pursuant to this 

14 chapter or any other provision of law, the Secretary shall 

15 provide to such veteran a notification of such required 

16 payment by not later than 18 months after the date on 

17 which the veteran receives the care or services for which 

18 payment is required. 

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

20 a notification of the required payment by the date required 

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

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

23 the Secretary provides the veteran the following: 

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

25 waiver described in paragraph (3). 


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

2 payment plan with the Secretary. 

3 ‘‘(C) An opportunity to make such a waiver or 

4 establish such a payment plan. 

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

6 veteran to make a payment for care or services provided 

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

8 any other provision of law if— 

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

10 employee of the Department, or a non-Department 

11 facility was the cause of delaying notification sent to 

12 the veteran of the requirement to make the payment; 

13 and 

14 ‘‘(B) the veteran received such notification later 

15 than 18 months after the date on which the veteran 

16 receives the care or services for which payment is re17 quired.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended 

20 by inserting after the item relating to section 1709B 

21 the following new item: 

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

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

23 180 days after the date of the enactment of this Act, the 

24 Secretary of Veterans Affairs shall— 


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1 (1) review the copayment billing internal con2 trols and notification procedures of the Department 

3 of Veterans Affairs; and 

4 (2) improve such controls and procedures, in5 cluding pursuant to the amendments made by this 

6 section. 

Æ 


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