I 
111TH CONGRESS 
1ST SESSION H. R. 1075 
To amend title 38, United States Code, to expand access to hospital care 
for veterans in major disaster areas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2009 
Mr. SCALISE (for himself, Mr. ALEXANDER, Mr. BOUSTANY, Mr. CASSIDY, 
Ms. JACKSON-LEE of Texas, Mr. BRADY of Pennsylvania, Mr. OLSON, 
Mr. DUNCAN, and Mr. RODRIGUEZ) introduced the following bill; which 
was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to expand access 
to hospital care for veterans in major disaster areas, 
and for other purposes. 
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 ‘‘RECOVER Act (Re-
storing Essential Care for Our Veterans for Effective Re-
covery)’’. 
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SEC. 2. PROVISION OF IN-PATIENT CARE TO VETERANS IN 
MAJOR DISASTER AREAS. 
Section 1703 of title 38, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘When De-
partment facilities’’ and inserting ‘‘Subject to sub-
section (e), when Department facilities’’; and 
(2) by adding at the end the following: 
‘‘(e)(1) If the Department medical facility that would 
otherwise provide covered medical services to veterans re-
siding in an area for which a major disaster is declared 
is unable to provide such services for a period of at least 
180 days by reason of the major disaster, the Secretary 
shall seek to enter into a contract with one or more non- 
Department facilities located in the area to provide such 
services to veterans who reside within 150 miles of the 
medical facility that is unable to provide such services. 
‘‘(2) Under a contract entered into under paragraph 
(1), the non-Department facility shall provide covered 
medical services— 
‘‘(A) that would normally be provided by the 
Department medical facility that is unable to provide 
such services by reason of the major disaster; and 
‘‘(B) for which the veteran seeking such serv-
ices is eligible under section 1710 of this title. 
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‘‘(3) Paragraph (1) shall not apply in the case of a 
Department medical facility that is closed or that the Sec-
retary intends to close as part of the Capital Asset Re-
alignment for Enhanced Services (CARES) process. 
‘‘(4) The Secretary shall ensure that a contract under 
paragraph (1) provides for payment by the Secretary to 
the non-Department facility. Such payment shall be— 
‘‘(A) for covered medical services provided to a 
veteran by the non-Department facility before the 
date on which the Department medical facility re-
ferred to in paragraph (1) is able to provide such 
services; and 
‘‘(B) limited to payment for such services for 
which the veteran is eligible under section 1710 of 
this title. 
‘‘(5) Nothing in this subsection shall affect the eligi-
bility of any veteran to receive hospital care or medical 
services at any Department medical facility. 
‘‘(6) This subsection shall apply with respect to any 
Department medical facility that is unable to provide cov-
ered medical services on or after August 29, 2005, by rea-
son of a major disaster. 
‘‘(7) For the purposes of this subsection— 
‘‘(A) the term ‘covered medical services’ 
means— 
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‘‘(i) non-emergency hospital care services; 
and 
‘‘(ii) inpatient medical services; 
‘‘(B) the term ‘inpatient medical services’ 
means medical services provided to an inpatient of 
a hospital; and 
‘‘(C) the term ‘major disaster’ means a major 
disaster declared by the President under section 401 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170).’’. 
Æ 
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