I

105TH CONGRESS

2D SESSION H. R. 4758

To amend title 38, United States Code, to improve access of veterans to

emergency medical care in non-Department of Veterans Affairs medical

facilities.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 9, 1998

Mr. EVANS introduced the following bill; which was referred to the Committee

on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to improve access

of veterans to emergency medical care in non-Department of Veterans Affairs medical facilities.

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 ‘‘Veterans’ Access to

5 Emergency Care Act of 1998’’.
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1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS ENROLL2 MENT SYSTEM DECLARED TO BE A HEALTH

3 CARE PLAN.

4 Section 1705 of title 38, United States Code, is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(d) The enrollment system under subsection (a) is

8 a health care plan, and the veterans enrolled in that sys9 tem are enrollees and participants in a health care plan.’’.

10 SEC. 3. EMERGENCY HEALTH CARE IN NON-DEPARTMENT

11 OF VETERANS AFFAIRS FACILITIES FOR EN12 ROLLED VETERANS.

13 (a) CONTRACT CARE.—Section 1703(a)(3) of title

14 38, United States Code, is amended by inserting ‘‘who is

15 enrolled under section 1705 of this title or who is’’ after

16 ‘‘health of a veteran’’.

17 (b) DEFINITION OF MEDICAL SERVICES.—Section

18 1701(6) of such title is amended—

19 (1) by striking out ‘‘and’’ at the end of sub20 paragraph (A);

21 (2) by striking out the period at the end of sub22 paragraph (B) and inserting in lieu thereof ‘‘; and’’;

23 and

24 (3) by inserting after subparagraph (B) the fol25 lowing new subparagraph:
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1 ‘‘(C) emergency care, or reimbursement for

2 such care, as described in sections 1703(a)(3) and

3 1728(a)(2)(E) of this title.’’.

4 (c) REIMBURSEMENT OF EXPENSES FOR EMER5 GENCY CARE.—Section 1728(a)(2) of such title is amend6 ed—

7 (1) by striking out ‘‘or’’ before ‘‘(D)’’; and

8 (2) by inserting before the semicolon at the end

9 the following: ‘‘, or (E) for any medical emergency

10 which poses a serious threat to the life or health of

11 a veteran enrolled under section 1705 of this title’’.

12 (d) PAYMENT PRIORITY.—Section 1705 of such title

13 is amended by adding at the end the following new sub14 section:

15 ‘‘(d) The Secretary shall require in a contract under

16 section 1703(a)(3) of this title, and as a condition of pay17 ment under section 1728(a)(2) of this title, that payment

18 by the Secretary for treatment under such contract, or

19 under such section, of a veteran enrolled under this section

20 shall be made only after any payment that may be made

21 with respect to such treatment under part A or part B

22 of the Medicare program and after any payment that may

23 be made with respect to such treatment by a third-party

24 insurance provider.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to care or services

3 provided on or after the date of the enactment of this Act.

Æ