II 

117TH CONGRESS 

1ST SESSION S. 202 

To ensure that veterans receive timely and effective emergency treatment 

during the COVID–19 emergency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2021 

Mrs. SHAHEEN introduced the following bill; which was read twice and 

referred to the Committee on Veterans’ Affairs 

A BILL 

To ensure that veterans receive timely and effective emergency treatment during the COVID–19 emergency, 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 ‘‘Emergency Care for 

5 Veterans During COVID Act’’. 

6 SEC. 2. EMERGENCY TREATMENT FOR VETERANS DURING 

7 COVID–19 EMERGENCY PERIOD. 

8 (a) EMERGENCY TREATMENT.—Notwithstanding 

9 section 1725 or 1728 of title 38, United States Code, or 

10 any other provision of law administered by the Secretary 


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1 of Veterans Affairs pertaining to furnishing emergency 

2 treatment to veterans at non-Department facilities, during 

3 the period of a covered public health emergency, the Sec4 retary of Veterans Affairs shall furnish to an eligible vet5 eran emergency treatment at a non-Department facility in 

6 accordance with this section. 

7 (b) AUTHORIZATION NOT REQUIRED.—The Sec8 retary may not require an eligible veteran to seek author9 ization by the Secretary for emergency treatment fur10 nished to the veteran pursuant to subsection (a). 

11 (c) PAYMENT RATES.— 

12 (1) DETERMINATION.—The rate paid for emer13 gency treatment furnished to eligible veterans pursu14 ant to subsection (a) shall be equal to the rate paid 

15 by the United States to a provider of services (as de16 fined in section 1861(u) of the Social Security Act 

17 (42 U.S.C. 1395x(u))) or a supplier (as defined in 

18 section 1861(d) of such Act (42 U.S.C. 1395x(d))) 

19 under the Medicare program under title XI or title 

20 XVIII of the Social Security Act (42 U.S.C. 1301 et 

21 seq.), including section 1834 of such Act (42 U.S.C. 

22 1395m), for the same treatment. 

23 (2) FINALITY.—A payment in the amount pay24 able under paragraph (1) for emergency treatment 

25 furnished to an eligible veteran pursuant to subVerDate Sep 11 2014 05:29 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S202.IS S202

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1 section (a) shall be considered payment in full and 

2 shall extinguish the liability of the veteran to the 

3 provider of such treatment, unless the provider re4 jects the payment and refunds to the United States 

5 such amount by not later than 30 days after receiv6 ing the payment. 

7 (d) CLAIMS PROCESSED BY THIRD-PARTY ADMINIS8 TRATORS.— 

9 (1) REQUIREMENT.—Not later than 30 days 

10 after the date of the enactment of this Act, the Sec11 retary shall seek to award a contract to one or more 

12 entities, or to modify an existing contract, to process 

13 claims for payment for emergency treatment fur14 nished to eligible veterans pursuant to subsection 

15 (a). 

16 (2) PROMPT PAYMENT STANDARD.—Section 

17 1703D of title 38, United States Code, shall apply 

18 with respect to claims for payment for emergency 

19 treatment furnished to eligible veterans pursuant to 

20 subsection (a). 

21 (e) PRIMARY PAYER.— 

22 (1) IN GENERAL.—The Secretary shall be the 

23 primary payer with respect to emergency treatment 

24 furnished to eligible veterans pursuant to subsection 

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1 eran by ambulance in connection with such emer2 gency treatment. 

3 (2) RECOVERY OF REASONABLE CHARGES.—In 

4 any case in which an eligible veteran is furnished 

5 emergency treatment pursuant to subsection (a) for 

6 a non-service-connected disability described in sub7 section (a)(2) of section 1729 of title 38, United 

8 States Code, the Secretary shall recover or collect 

9 reasonable charges for such treatment from a 

10 health-plan contract described in subsection (i) of 

11 such section in accordance with such section. 

12 (f) APPLICATION.—This section shall apply to emer13 gency treatment furnished to eligible veterans during the 

14 period of a covered public health emergency, regardless of 

15 whether the treatment was furnished before the date of 

16 the enactment of this Act. 

17 (g) DEFINITIONS.—In this section: 

18 (1) The term ‘‘covered public health emer19 gency’’ means the declaration— 

20 (A) of a public health emergency, based on 

21 an outbreak of COVID–19, by the Secretary of 

22 Health and Human Services under section 319 

23 of the Public Health Service Act (42 U.S.C. 

24 247d); or 


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1 (B) of a domestic emergency, based on an 

2 outbreak of COVID–19, by the President, the 

3 Secretary of Homeland Security, or a State or 

4 local authority. 

5 (2) The term ‘‘eligible veteran’’ means a vet6 eran enrolled in the system of patient enrollment of 

7 the Department of Veterans Affairs established 

8 under section 1705(a) of title 38, United States 

9 Code. 

10 (3) The term ‘‘emergency treatment’’ means 

11 medical care or services rendered in a medical emer12 gency of such nature that a prudent layperson rea13 sonably expects that delay in seeking immediate 

14 medical attention would be hazardous to life or 

15 health. 

16 (4) The term ‘‘non-Department facility’’ has 

17 the meaning given that term in section 1701 of title 

18 38, United States Code. 

Æ 


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