IIB 
111TH CONGRESS 
1ST SESSION H. R. 1377 
IN THE SENATE OF THE UNITED STATES 
MARCH 31, 2009 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To amend title 38, United States Code, to expand veteran 
eligibility for reimbursement by the Secretary of Veterans 
Affairs for emergency treatment furnished in a non-De-
partment facility, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 1377 RFS 
SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR RE-
IMBURSEMENT BY SECRETARY OF VETERANS 
AFFAIRS FOR EMERGENCY TREATMENT FUR-
NISHED IN A NON-DEPARTMENT FACILITY. 
(a) EXPANSION OF ELIGIBILITY.—Section 1725 of 
title 38, United States Code, is amended— 
(1) in subsection (b)(3)(C), by striking ‘‘or in 
part’’; and 
(2) in subsection (f)(2), by striking subpara-
graph (E). 
(b) LIMITATIONS ON REIMBURSEMENT.—Subsection 
(c) of such section is amended by adding at the end the 
following new paragraph: 
‘‘(4)(A) If the veteran has contractual or legal re-
course against a third party that would only, in part, ex-
tinguish the veteran’s liability to the provider of the emer-
gency treatment, and payment for the treatment may be 
made both under subsection (a) and by the third party, 
the amount payable for such treatment under such sub-
section shall be the amount by which the costs for the 
emergency treatment exceed the amount payable or paid 
by the third party, except that the amount payable may 
not exceed the maximum amount payable established 
under paragraph (1)(A). 
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‘‘(B) In any case in which a third party is financially 
responsible for part of the veteran’s emergency treatment 
expenses, the Secretary shall be the secondary payer. 
‘‘(C) A payment in the amount payable under sub-
paragraph (A) shall be considered payment in full and 
shall extinguish the veteran’s liability to the provider. 
‘‘(D) The Secretary may not reimburse a veteran 
under this section for any copayment or similar payment 
that the veteran owes the third party or for which the vet-
eran is responsible under a health-plan contract.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) shall take effect on the date 
of the enactment of this Act, and shall apply with 
respect to emergency treatment furnished on or 
after the date of the enactment of this Act. 
(2) REIMBURSEMENT
FOR
TREATMENT
PRO-
VIDED
BEFORE
EFFECTIVE
DATE.—The Secretary 
may provide reimbursement under section 1725 of 
title 38, United States Code, as amended by sub-
sections (a) and (b), for emergency treatment fur-
nished to a veteran before the date of the enactment 
of this Act, if the Secretary determines that, under 
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