tions of signs or symptoms, preliminary diagnosis, 
treatment provided, results of any tests and the in-
formed written consent or certification (or copy 
thereof) provided under paragraph (1)(A), and the 
name and address of any on-call physician (de-
scribed in subsection (d)(1)(C) of this section) who 
has refused or failed to appear within a reasonable 
time to provide necessary stabilizing treatment; 
‘‘(D) in which the transfer is effected through 
qualified personnel and transportation equipment, as 
required including the use of necessary and medi-
cally appropriate life support measures during the 
transfer; and 
‘‘(E) that meets such other requirements as the 
Secretary may find necessary in the interest of the 
health and safety of veterans transferred. 
‘‘(d) CHARGES.—(1) Nothing in this section may be 
construed to affect any charges that the Secretary may 
collect from a veteran or third party. 
‘‘(2) The Secretary shall treat any care provided by 
a non-Department facility pursuant to this section as care 
otherwise provided by a non-Department facility pursuant 
to this chapter for purposes of paying such non-Depart-
ment facility for such care. 
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‘‘(e) NONDISCRIMINATION.—A medical facility of the 
Department or a non-Department facility, as the case may 
be, that has specialized capabilities or facilities (such as 
burn units, shock-trauma units, neonatal intensive care 
units, or (with respect to rural areas) regional referral 
centers as identified by the Secretary in regulation) shall 
not refuse to accept an appropriate transfer of an enrolled 
veteran who requires such specialized capabilities or facili-
ties if the facility has the capacity to treat the veteran. 
‘‘(f) NO DELAY IN EXAMINATION OR TREATMENT.— 
A medical facility of the Department or a non-Department 
facility, as the case may be, may not delay provision of 
an appropriate medical screening examination required 
under subsection (a) or further medical examination and 
treatment required under subsection (b) of this section in 
order to inquire about the method of payment or insurance 
status of an enrolled veteran. 
‘‘(g) WHISTLEBLOWER
PROTECTIONS.—The Sec-
retary may not take adverse action against an employee 
of the Department because the employee refuses to au-
thorize the transfer of an enrolled veteran with an emer-
gency medical condition that has not been stabilized or 
because the employee reports a violation of a requirement 
of this section. 
‘‘(h) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘emergency medical condition’ 
means— 
‘‘(A) a medical condition manifesting itself 
by acute symptoms of sufficient severity (in-
cluding severe pain) such that the absence of 
immediate medical attention could reasonably 
be expected to result in— 
‘‘(i) placing the health of the enrolled 
veteran (or, with respect to an enrolled vet-
eran who is a pregnant woman, the health 
of the woman or her unborn child) in seri-
ous jeopardy; 
‘‘(ii) serious impairment to bodily 
functions; or 
‘‘(iii) serious dysfunction of any bodily 
organ or part; or 
‘‘(B) with respect to an enrolled veteran 
who is a pregnant woman having contractions— 
‘‘(i) that there is inadequate time to 
effect a safe transfer to another hospital 
before delivery; or 
‘‘(ii) that transfer may pose a threat 
to the health or safety of the woman or the 
unborn child. 
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‘‘(2) The term ‘enrolled veteran’ means a vet-
eran who is enrolled in the health care system estab-
lished under section 1705(a) of this title. 
‘‘(3) The term ‘to stabilize’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), to provide such medical treatment 
of the condition as may be necessary to assure, with-
in reasonable medical probability, that no material 
deterioration of the condition is likely to result from 
or occur during the transfer of the enrolled veteran 
from a facility, or, with respect to an emergency 
medical condition described in paragraph (1)(B), to 
deliver (including the placenta). 
‘‘(4) The term ‘stabilized’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), that no material deterioration of 
the condition is likely, within reasonable medical 
probability, to result from or occur during the trans-
fer of the individual from a facility, or, with respect 
to an emergency medical condition described in 
paragraph (1)(B), that the woman has delivered (in-
cluding the placenta). 
‘‘(5) The term ‘transfer’ means the movement 
(including the discharge) of an enrolled veteran out-
side the facilities of a medical facility of the Depart-
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ment at the direction of any individual employed by 
(or affiliated or associated, directly or indirectly, 
with) the Department, but does not include such a 
movement of an individual who— 
‘‘(A) has been declared dead; or 
‘‘(B) leaves the facility without the permis-
sion of any such person.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of such chapter is amended by inserting after the item 
relating to section 1730A the following new item: 
‘‘1730B. Examination and treatment for emergency medical conditions and 
women in labor.’’. 
Æ 
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