Emergency Care for Veterans During COVID Act

To ensure that veterans receive timely and effective emergency treatment during the COVID–19 emergency, and for other purposes. 1. Short title This Act may be cited as the Emergency Care for Veterans During COVID Act 2. Emergency treatment for veterans during COVID–19 emergency period (a) Emergency treatment Notwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section. (b) Authorization not required The Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a). (c) Payment rates (1) Determination The rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) 42 U.S.C. 1395x(d) 42 U.S.C. 1301 42 U.S.C. 1395m (2) Finality A payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the liability of the veteran to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment. (d) Claims processed by third-Party administrators (1) Requirement Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (2) Prompt payment standard Section 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (e) Primary payer (1) In general The Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a) and with respect to the transportation of a veteran by ambulance in connection with such emergency treatment. (2) Recovery of reasonable charges In any case in which an eligible veteran is furnished emergency treatment pursuant to subsection (a) for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health-plan contract described in subsection (i) of such section in accordance with such section. (f) Application This section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether the treatment was furnished before the date of the enactment of this Act. (g) Definitions In this section: (1) The term covered public health emergency (A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority. (2) The term eligible veteran (3) The term emergency treatment (4) The term non-Department facility

Summary: Emergency Care for Veterans During COVID Act This bill requires the Department of Veterans Affairs (VA) to furnish veterans who are enrolled in the VA health care system with emergency treatment at non-VA facilities during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. The VA may not require such veterans to seek authorization for such emergency treatment during this time. The bill also sets forth the payment rates and procedures for such emergency treatment.