I 
115TH CONGRESS 
1ST SESSION H. R. 1972 
To amend title 38, United States Code, to authorize the Secretary of Veterans 
Affairs to waive the requirement of certain veterans to make copayments 
for hospital care and medical services in the case of an error by the 
Department of Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2017 
Mr. SMUCKER (for himself, Mr. EMMER, and Mr. PETERSON) introduced the 
following bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to authorize the 
Secretary of Veterans Affairs to waive the requirement 
of certain veterans to make copayments for hospital care 
and medical services in the case of an error by the 
Department of Veterans Affairs, 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 ‘‘VA Billing Account-
ability Act’’. 
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SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 
TO WAIVE REQUIREMENT OF CERTAIN VET-
ERANS TO MAKE COPAYMENTS FOR CARE 
AND SERVICES IN THE CASE OF DEPART-
MENT OF VETERANS AFFAIRS ERROR. 
(a) HOSPITAL CARE, NURSING HOME CARE, AND 
MEDICAL SERVICES.—Section 1710(f)(3) of title 38, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(G) The Secretary may waive the requirement of a 
veteran to make a payment under this subsection or sub-
section (g) if— 
‘‘(i) an error committed by the Department or 
an employee of the Department was the cause of de-
laying notification sent to the veteran of the require-
ment to make the payment; and 
‘‘(ii) the veteran received such notification later 
than 120 days after the date on which the veteran 
received the care or services for which the payment 
was required.’’. 
(b) MEDICATIONS.—Section 1722A of such title is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
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‘‘(c) The Secretary may waive the requirement of a 
veteran to make a payment under this section if— 
‘‘(1) an error committed by the Department or 
an employee of the Department was the cause of de-
laying notification sent to the veteran of the require-
ment to make the payment; and 
‘‘(2) the veteran received such notification later 
than 120 days after the date on which the veteran 
received the medication for which the payment was 
required.’’. 
(c) BILLING PROCEDURES.— 
(1) IN GENERAL.—Subchapter I of chapter 17 
of such title is amended by adding at the end the 
following new section: 
‘‘§ 1709C. Procedures for copayments 
‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In re-
quiring a veteran to make a payment for care or services 
provided at a medical facility of the Department pursuant 
to this chapter, including sections 1710 and 1722A, the 
Secretary shall provide to such veteran a notification of 
such required payment by not later than 120 days after 
the date on which the veteran receives the care or services 
for which payment is required. 
‘‘(2) If the Secretary does not provide to a veteran 
a notification of the required payment by the date required 
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under paragraph (1), the Secretary may not collect such 
payment, including through a third-party entity, unless 
the Secretary provides the veteran the following: 
‘‘(A) Information regarding how to apply for a 
waiver described in section 1710(f)(3)(G) or section 
1722A(c) of this title, as appropriate. 
‘‘(B) Information regarding how to establish a 
payment plan with the Secretary. 
‘‘(C) Opportunity to make such a waiver or es-
tablish such a payment plan. 
‘‘(b) CARE AT NON-DEPARTMENT FACILITY.—(1) In 
requiring a veteran to make a payment for care or services 
provided at a non-Department facility pursuant to this 
chapter or other provision of law, the Secretary shall pro-
vide to such veteran a notification of such required pay-
ment by not later than 18 months after the date on which 
the veteran receives the care or services for which payment 
is required. 
‘‘(2) If the Secretary does not provide to a veteran 
a notification of the required payment by the date required 
under paragraph (1), the Secretary may not collect such 
payment, including through a third-party entity, unless 
the Secretary provides the veteran the following: 
‘‘(A) Information regarding how to apply for a 
waiver described in paragraph (3). 
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‘‘(B) Information regarding how to establish a 
payment plan with the Secretary. 
‘‘(C) Opportunity to make such a waiver or es-
tablish such a payment plan. 
‘‘(3) The Secretary may waive the requirement of a 
veteran to make a payment for care or services provided 
at a non-Department facility pursuant to this chapter or 
other provision of law if— 
‘‘(A) an error committed by the Department, an 
employee of the Department, or a non-Department 
facility was the cause of delaying the notification 
sent to the veteran of the requirement to make the 
payment; and 
‘‘(B) the veteran received such notification after 
the period described in paragraph (1).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1709B 
the following new item: 
‘‘1709C. Procedures for copayments.’’. 
(d) IMPROVEMENT OF PROCEDURES.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall— 
(1) review the copayment billing internal con-
trols and notification procedures of the Department 
of Veterans Affairs; and 
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(2) improve such controls and procedures, in-
cluding pursuant to the amendments made by this 
Act. 
Æ 
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