I 
112TH CONGRESS 
1ST SESSION 
H. R. 814 
To provide Medicare payments to Department of Veterans Affairs medical 
facilities for items and services provided to Medicare-eligible veterans 
for non-service-connected conditions. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 18, 2011 
Mr. FILNER introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Energy 
and Commerce and Veterans’ Affairs, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide Medicare payments to Department of Veterans 
Affairs medical facilities for items and services provided 
to Medicare-eligible veterans for non-service-connected 
conditions. 
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 ‘‘Medicare VA Reim-
bursement Act of 2011’’. 
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SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR 
VETERANS. 
(a) IN GENERAL.—Section 1862 of the Social Secu-
rity Act (42 U.S.C. 1395y) is amended by adding at the 
end the following new subsection: 
‘‘(p) MEDICARE SUBVENTION FOR VETERANS.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Health and Human Services, in cooperation with the 
Secretary of Veterans Affairs, shall establish a pro-
gram to be known as the ‘Medicare VA reimburse-
ment program’ under which the Secretary of Health 
and Human Services shall reimburse the Secretary 
of Veterans Affairs, from the Federal Hospital In-
surance Trust Fund established in section 1817 and 
the Federal Supplementary Medical Insurance Trust 
Fund established in section 1841, for an item or 
service that— 
‘‘(A) is furnished to a Medicare-eligible 
veteran by a Department of Veterans Affairs 
medical facility for the treatment of a non-serv-
ice-connected condition; and 
‘‘(B) is covered under this title or is deter-
mined to be medically necessary by the Sec-
retary of Veterans Affairs. 
‘‘(2) MEMORANDUM OF UNDERSTANDING.— 
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‘‘(A) IN
GENERAL.—Not later than 6 
months after the date of the enactment of this 
Act, the Secretary of Health and Human Serv-
ices shall enter a memorandum of under-
standing with the Secretary of Veterans Affairs 
concerning the administration of the Medicare 
VA reimbursement program. 
‘‘(B) CONTRACT ELEMENTS.—The memo-
randum of understanding under subparagraph 
(A) shall contain the following: 
‘‘(i) FREQUENCY
OF
REIMBURSE-
MENT.—An agreement on how often reim-
bursements will be made by the Secretary 
of Health and Human Services to the Sec-
retary of Veterans Affairs. 
‘‘(ii) BILLING
SYSTEM.—An agree-
ment on the details of the billing system 
that will be used by the Secretary of Vet-
erans Affairs to make claims for reim-
bursement from the Secretary of Health 
and Human Services. 
‘‘(iii) DATA SHARING AGREEMENT.— 
An agreement on data sharing, including— 
‘‘(I) identification of the data ex-
changes that each Secretary will need 
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to develop, maintain, or provide access 
to, for purposes of the Medicare VA 
reimbursement program; and 
‘‘(II) verification of data dem-
onstrating that an item or service was 
provided by a Department of Veterans 
Affairs medical facility to a Medicare- 
eligible veteran for a non-service-con-
nected condition before the Secretary 
of Health and Human Services pro-
vides for reimbursement for such item 
or service under the Medicare VA re-
imbursement program. 
‘‘(iv) PAYMENT RATE.—Subject to the 
requirements of paragraph (3), details of 
the payment rate to be used for reimburse-
ments made under the Medicare VA reim-
bursement program. 
‘‘(v) PERFORMANCE
MEASURES.—An 
agreement on performance measures and 
performance targets to be used to dem-
onstrate the impact of the Medicare VA re-
imbursement program. 
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