I 

116TH CONGRESS 

1ST SESSION H. R. 1802 

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 

MARCH 14, 2019 

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

following bill; which was 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 ‘‘VA Billing Account5 ability Act’’. 


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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 180 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 180 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, the 

20 Secretary shall provide to such veteran a notification of 

21 such required payment by not later than 180 days after 

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

23 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) Opportunity to make such a waiver or es10 tablish 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 other provision of law, the Secretary shall pro15 vide to such veteran a notification of such required pay16 ment by not later than 18 months after the date on which 

17 the veteran receives the care or services for which payment 

18 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) Opportunity to make such a waiver or es4 tablish 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 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 the notification 

12 sent to the veteran of the requirement to make the 

13 payment; and 

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

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

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended 

18 by inserting after the item relating to section 1709B 

19 the following new item: 

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

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

21 180 days after the date of the enactment of this Act, the 

22 Secretary of Veterans Affairs shall— 

23 (1) review the copayment billing internal con24 trols and notification procedures of the Department 

25 of Veterans Affairs; and 


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1 (2) improve such controls and procedures, in2 cluding pursuant to the amendments made by this 

3 Act. 

Æ 


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