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.—The amendments made by 
subsections (a) and (b) shall apply with respect to emer-
gency treatment furnished on or after October 8, 2007. 
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). 
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(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 recourse 
against a third party that would only, in part, extinguish 
the veteran’s liability to the provider of the emergency treat-
ment, 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 subsection shall be 
the amount by which the costs for the emergency treatment 
exceed the amount payable or paid by the third party, ex-
cept that the amount payable may not exceed the maximum 
amount payable established under paragraph (1)(A). 
‘‘(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.— 
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(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 re-
spect to emergency treatment furnished on or after the 
date of the enactment of this Act. 
(2) REIMBURSEMENT FOR TREATMENT PROVIDED 
BEFORE EFFECTIVE DATE.—The Secretary may pro-
vide reimbursement under section 1725 of title 38, 
United States Code, as amended by subsections (a) 
and (b), for emergency treatment furnished to a vet-
eran before the date of the enactment of this Act, if 
the Secretary determines that, under the cir-
cumstances applicable with respect to the veteran, it 
is appropriate to do so. 
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Union Calendar No. 22 
111TH CONGRESS 
1ST SESSION 
H. R. 1377 
[Report No. 111–55] 
A BILL 
To amend title 38, United States Code, to expand 
veteran eligibility for reimbursement by the Sec-
retary of Veterans Affairs for emergency treat-
ment furnished in a non-Department facility, and 
for other purposes. 
MARCH 26, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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