IIB 
114TH CONGRESS 
2D SESSION 
H. R. 3216 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 27, 2016 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To amend title 38, United States Code, to clarify the emer-
gency hospital care furnished by the Secretary of Vet-
erans Affairs to certain veterans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Emergency 
Treatment Act’’ or the ‘‘VET Act’’. 
SEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE 
FURNISHED BY THE SECRETARY OF VET-
ERANS AFFAIRS TO CERTAIN VETERANS. 
(a) IN GENERAL.—Chapter 17 of title 38, United 
States Code, is amended by inserting after section 1730A 
the following new section: 
‘‘§ 1730B. Examination and treatment for emergency 
medical conditions and women in labor 
‘‘(a) MEDICAL SCREENING EXAMINATIONS.—In car-
rying out this chapter, if any enrolled veteran requests, 
or a request is made on behalf of the veteran, for examina-
tion or treatment for a medical condition, regardless of 
whether such condition is service-connected, at a hospital 
emergency department of a medical facility of the Depart-
ment, the Secretary shall ensure that the veteran is pro-
vided an appropriate medical screening examination within 
the capability of the emergency department, including an-
cillary services routinely available to the emergency de-
partment, to determine whether an emergency medical 
condition exists. 
‘‘(b) NECESSARY
STABILIZING
TREATMENT
FOR 
EMERGENCY MEDICAL CONDITIONS AND LABOR.—(1) If 
an enrolled veteran comes to a medical facility of the De-
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partment and the Secretary determines that the veteran 
has an emergency medical condition, the Secretary shall 
provide either— 
‘‘(A) such further medical examination and 
such treatment as may be required to stabilize the 
medical condition; or 
‘‘(B) for the transfer of the veteran to another 
medical facility of the Department or a non-Depart-
ment facility in accordance with subsection (c). 
‘‘(2) The Secretary is deemed to meet the require-
ment of paragraph (1)(A) with respect to an enrolled vet-
eran if the Secretary offers the veteran the further medical 
examination and treatment described in such paragraph 
and informs the veteran (or an individual acting on behalf 
of the veteran) of the risks and benefits to the veteran 
of such examination and treatment, but the veteran (or 
individual) refuses to consent to the examination and 
treatment. The Secretary shall take all reasonable steps 
to secure the written informed consent of such veteran (or 
individual) to refuse such examination and treatment. 
‘‘(3) The Secretary is deemed to meet the require-
ment of paragraph (1) with respect to an enrolled veteran 
if the Secretary offers to transfer the individual to another 
medical facility in accordance with subsection (c) of this 
section and informs the veteran (or an individual acting 
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on behalf of the veteran) of the risks and benefits to the 
veteran of such transfer, but the veteran (or individual) 
refuses to consent to the transfer. The hospital shall take 
all reasonable steps to secure the written informed consent 
of such veteran (or individual) to refuse such transfer. 
‘‘(c) RESTRICTION OF TRANSFERS UNTIL VETERAN 
STABILIZED.—(1) If an enrolled veteran at a medical fa-
cility of the Department has an emergency medical condi-
tion that has not been stabilized, the Secretary may not 
transfer the veteran to another medical facility of the De-
partment or a non-Department facility unless— 
‘‘(A)(i) the veteran (or a legally responsible in-
dividual acting on behalf of the veteran), after being 
informed of the obligation of the Secretary under 
this section and of the risk of transfer, requests in 
writing a transfer to another medical facility; 
‘‘(ii) a physician has signed a certification (in-
cluding a summary of the risks and benefits) that, 
based upon the information available at the time of 
transfer, the medical benefits reasonably expected 
from the provision of appropriate medical treatment 
at another medical facility outweigh the increased 
risks to the veteran and, in the case of labor, to the 
unborn child from effecting the transfer; or 
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