IB 
Union Calendar No. 524 
115TH CONGRESS 
2D SESSION 
H. R. 1972 
[Report No. 115–681] 
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 
APRIL 6, 2017 
Mr. SMUCKER (for himself, Mr. EMMER, and Mr. PETERSON) introduced the 
following bill; which was referred to the Committee on Veterans’ Affairs 
MAY 18, 2018 
Additional sponsors: Mr. PAULSEN, Mr. COSTELLO of Pennsylvania, Mr. 
RUTHERFORD, Mr. STIVERS, Mr. RODNEY DAVIS of Illinois, Mr. MAC-
ARTHUR, Mr. LOBIONDO, Mr. DENHAM, Mr. GIBBS, Mr. DONOVAN, Mrs. 
BROOKS of Indiana, Mr. VALADAO, Mr. WALDEN, Mr. NEWHOUSE, Mr. 
MITCHELL, Mr. UPTON, Mr. FASO, Mr. MARINO, Ms. TENNEY, Ms. 
STEFANIK, Mr. KELLY of Pennsylvania, Mr. KATKO, Mr. MEEHAN, Mr. 
REED, Mr. LANCE, Mr. TURNER, Mr. FITZPATRICK, Mr. JONES, Mr. 
HARPER, Mr. HIGGINS of Louisiana, Mr. THOMPSON of Pennsylvania, 
Mr. GAETZ, Mrs. WALORSKI, Mr. HUDSON, Mr. GALLAGHER, Mr. TIP-
TON, Mr. KING of Iowa, Mr. GROTHMAN, Mr. BARLETTA, Mr. MAR-
SHALL, Mr. BOST, Mr. JOHNSON of Ohio, Ms. SINEMA, Mr. WESTERMAN, 
Mr. GONZALEZ of Texas, and Mr. CRAWFORD 
MAY 18, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 6, 2017] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Billing Account-
ability Act’’. 
SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 
TO WAIVE REQUIREMENT OF CERTAIN VET-
ERANS TO MAKE COPAYMENTS FOR CARE 
AND SERVICES IN THE CASE OF DEPARTMENT 
OF VETERANS AFFAIRS ERROR. 
(a) HOSPITAL CARE, NURSING HOME CARE, AND 
MEDICAL SERVICES.—Section 1710(f)(3) of title 38, United 
States Code, is amended by adding at the end the following 
new subparagraph: 
‘‘(G) The Secretary may waive the requirement of a 
veteran to make a payment under this subsection or sub-
section (g) if— 
‘‘(i) an error committed by the Department or 
an employee of the Department was the cause of de-
laying notification sent to the veteran of the require-
ment to make the payment; and 
‘‘(ii) the veteran received such notification later 
than 180 days after the date on which the veteran re-
ceived the care or services for which the payment was 
required.’’. 
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(b) MEDICATIONS.—Section 1722A of such title is 
amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) The Secretary may waive the requirement of a 
veteran to make a payment under this section if— 
‘‘(1) an error committed by the Department or 
an employee of the Department was the cause of de-
laying notification sent to the veteran of the require-
ment to make the payment; and 
‘‘(2) the veteran received such notification later 
than 180 days after the date on which the veteran re-
ceived the medication for which the payment was re-
quired.’’. 
(c) BILLING PROCEDURES.— 
(1) IN GENERAL.—Subchapter I of chapter 17 of 
such title is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1709C. Procedures for copayments 
‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In requir-
ing a veteran to make a payment for care or services pro-
vided at a medical facility of the Department pursuant to 
this chapter, including sections 1710 and 1722A, the Sec-
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retary shall provide to such veteran a notification of such 
required payment by not later than 180 days after the date 
on which the veteran receives the care or services for which 
payment is required. 
‘‘(2) If the Secretary does not provide to a veteran a 
notification of the required payment by the date required 
under paragraph (1), the Secretary may not collect such 
payment, including through a third-party entity, unless the 
Secretary provides the veteran the following: 
‘‘(A) Information regarding how to apply for a 
waiver described in section 1710(f)(3)(G) or section 
1722A(c) of this title, as appropriate. 
‘‘(B) Information regarding how to establish a 
payment plan with the Secretary. 
‘‘(C) Opportunity to make such a waiver or es-
tablish such a payment plan. 
‘‘(b) CARE AT NON-DEPARTMENT FACILITY.—(1) In 
requiring a veteran to make a payment for care or services 
provided at a non-Department facility pursuant to this 
chapter or other provision of law, the Secretary shall pro-
vide to such veteran a notification of such required payment 
by not later than 18 months after the date on which the 
veteran receives the care or services for which payment is 
required. 
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‘‘(2) If the Secretary does not provide to a veteran a 
notification of the required payment by the date required 
under paragraph (1), the Secretary may not collect such 
payment, including through a third-party entity, unless the 
Secretary provides the veteran the following: 
‘‘(A) Information regarding how to apply for a 
waiver described in paragraph (3). 
‘‘(B) Information regarding how to establish a 
payment plan with the Secretary. 
‘‘(C) Opportunity to make such a waiver or es-
tablish such a payment plan. 
‘‘(3) The Secretary may waive the requirement of a 
veteran to make a payment for care or services provided 
at a non-Department facility pursuant to this chapter or 
other provision of law if— 
‘‘(A) an error committed by the Department, an 
employee of the Department, or a non-Department fa-
cility was the cause of delaying the notification sent 
to the veteran of the requirement to make the pay-
ment; and 
‘‘(B) the veteran received such notification after 
the period described in paragraph (1).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
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inserting after the item relating to section 1709B the 
following new item: 
‘‘1709C. Procedures for copayments.’’. 
(d) IMPROVEMENT OF PROCEDURES.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall— 
(1) review the copayment billing internal con-
trols and notification procedures of the Department of 
Veterans Affairs; and 
(2) improve such controls and procedures, in-
cluding pursuant to the amendments made by this 
Act. 
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Union Calendar No. 524 
115TH CONGRESS 
2D SESSION 
H. R. 1972 
[Report No. 115–681] 
A BILL 
To amend title 38, United States Code, to author-
ize the Secretary of Veterans Affairs to waive the 
requirement of certain veterans to make copay-
ments for hospital care and medical services in 
the case of an error by the Department of Vet-
erans Affairs, and for other purposes. 
MAY 18, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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00:02 May 19, 2018
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