I 

116TH CONGRESS 

1ST SESSION H. R. 2752 

To authorize the Secretary of Veterans Affairs to furnish medically necessary 

transportation for newborn children of certain women veterans. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2019 

Mr. ALLRED introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To authorize the Secretary of Veterans Affairs to furnish 

medically necessary transportation for newborn children 

of certain women veterans. 

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, including a health care 

20 facility, if the veteran delivers the child before arriv21 ing at a facility described in paragraph (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, from, or between care set7 tings to meet the needs of a newborn child includes costs 

8 for either or both the newborn child and parents. 

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

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

12 transportation— 

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

14 specialty pediatric hospital) that accepts transfer of 

15 the newborn child or otherwise provides post-delivery 

16 care services when the treating facility is not capable 

17 of furnishing the care or services required; 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) Amounts paid by the Department for transpor24 tation under this section shall be derived from the Medical 

25 Services appropriations account of the Department. 


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1 ‘‘(d) REIMBURSEMENT OR PAYMENT FOR HEALTH

2 CARE SERVICES OR TRANSPORTATION.—(1) Pursuant to 

3 regulations the Secretary shall prescribe to establish rates 

4 of reimbursement and any limitations thereto under this 

5 section, the Secretary shall directly reimburse a covered 

6 entity for health care services or transportation services 

7 provided under this section, unless the cost of the services 

8 or transportation is covered by an established agreement 

9 or contract. If such an agreement or contract exists, its 

10 negotiated payment terms shall apply. 

11 ‘‘(2)(A) Reimbursement or payment by the Secretary 

12 under this section on behalf of an individual to a covered 

13 entity shall, unless rejected and refunded by the covered 

14 entity within 30 days of receipt, extinguish any liability 

15 on the part of the individual for the health care services 

16 or transportation covered by such payment. 

17 ‘‘(B) Neither the absence of a contract or agreement 

18 between the Secretary and a covered entity nor any provi19 sion of a contract, agreement, or assignment to the con20 trary shall operate to modify, limit, or negate the require21 ments of subparagraph (A). 

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

23 means any individual, transportation carrier, organization, 

24 or other entity that furnished or paid for health care serv25 ices or transportation under this section. 


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1 ‘‘(e) EXCEPTION.—Pursuant to such regulations as 

2 the Secretary shall prescribe to carry out this section, the 

3 Secretary may furnish more than seven days of health care 

4 services described in subsection (b), and transportation 

5 necessary to receive such services, to a newborn child 

6 based on medical necessity if the child is in need of addi7 tional care, including a case in which the newborn child 

8 has been discharged or released from a hospital and re9 quires readmittance to ensure the health and welfare of 

10 the newborn child.’’. 

11 (b) TREATMENT OF CERTAIN DEBTS ALREADY IN12 CURRED.—Pursuant to such regulations as the Secretary 

13 of Veterans Affairs shall prescribe, the Secretary may 

14 waive a debt for or reimburse a veteran billed for the cost 

15 of transportation that was furnished in order for a new16 born child to receive health care services under section 

17 1786 of title 38, United States Code, before the date of 

18 the enactment of this Act. 

Æ 


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