I 
109TH CONGRESS 
1ST SESSION H. R. 4046 
To amend title 38, United States Code, to provide authority, in certain 
cases, for the Secretary of Veterans Affairs to provide care for the 
newborn children of veterans who have been provided maternity care 
by the Department of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2005 
Mr. MICHAUD introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to provide authority, 
in certain cases, for the Secretary of Veterans Affairs 
to provide care for the newborn children of veterans 
who have been provided maternity care by the Depart-
ment of Veterans Affairs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CARE FOR NEWBORN CHILDREN OF VETERANS 
RECEIVING MATERNITY CARE. 
(a) AUTHORITY
TO PROVIDE NEWBORN INFANT 
CARE.—Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1786. Care for newborn children of veterans re-
ceiving maternity care 
‘‘(a) AUTHORITY.—When a veteran who is enrolled 
in the system of patient enrollment established under sec-
tion 1705 of this title is receiving maternity care from the 
Department and gives birth to a child in a Department 
facility, or in a non-Department facility in a case in which 
the expenses of the care of the veteran are covered under 
a Department contract, the Secretary may furnish care 
to the newborn child, subject to subsections (b) and (c). 
‘‘(b) CARE IN A DEPARTMENT FACILITY.—In a case 
in which a newborn child covered by subsection (a) is born 
in a Department facility, care furnished to the child at 
that facility shall be furnished without charge to the vet-
eran who gave birth to the child. 
‘‘(c) CARE IN A NON-DEPARTMENT FACILITY.—(1) 
In a case in which a newborn child covered by subsection 
(a) is born in a non-Department facility or is provided care 
in a non-Department facility following birth in a Depart-
ment facility and transfer from that facility, the Secretary 
shall provide for the payment of the cost of care and serv-
ices for the newborn child for which the veteran is person-
ally liable, subject to the regulations prescribed pursuant 
to paragraph (3). 
‘‘(2) For purposes of paragraph (1), a veteran shall 
be considered to be personally liable for an amount for 
the cost of care and services furnished to a newborn child 
only if— 
‘‘(A) the veteran is financially liable to the pro-
vider for such amount; 
‘‘(B) the newborn child has no eligibility for 
coverage for care or services under a health-plan 
contract determined, in the case of a health-plan 
contract referred to in subparagraph (A), (B), or 
(C) of section 1725(f)(2) of this title, without regard 
to any requirement or limitation relating to eligi-
bility for care or services from any department or 
agency of the United States); and 
‘‘(C) the veteran has no other contractual or 
legal recourse against a third party that would, in 
whole or in part, extinguish the veteran’s liability to 
the provider for such amount. 
‘‘(3) The Secretary shall prescribe regulations to— 
‘‘(A) establish the maximum amount payable 
under paragraph (1), which may not exceed the 
amount payable for the same care and services 
under the State plan for medical assistance approved
under title XIX of the Social Security Act of the 
State in which the newborn child is born; 
‘‘(B) provide that in no event may a payment 
under paragraph (1) include any amount for which 
the veteran is not personally liable; and 
‘‘(C) delineate the scope of care and services for 
which payment may be made under paragraph (1), 
but in no case may such care and services be fur-
nished after the month following the month in which 
the child is born. 
‘‘(4) Payment of an amount by the Secretary under 
paragraph (1) on behalf of a veteran to a provider of care 
and services to a newborn child delivered by that veteran 
shall, unless rejected and refunded by the provider within 
30 days of receipt, extinguish any liability on the part of 
the veteran for the cost of such care and services. 
‘‘(5) In this subsection: 
‘‘(A) The term ‘health contract’ has the mean-
ing given that term in section 1725(f)(2) of this title 
and includes a State child health plan approved 
under title XXI of the Social Security Act (42 
U.S.C. 1397 et seq.). 
‘‘(B) The term ‘third party’ has the meaning 
given that term in section 1725(f)(3) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1785 the following new 
item: 
‘‘1786. Care for newborn children of veterans receiving maternity care.’’. 
(c) EFFECTIVE DATE.—Section 1786 of title 38, 
United States Code, as added by subsection (a), shall 
apply to care furnished to newborn children born on or 
after the date of the enactment of this Act. 
(d) DEADLINE FOR REGULATIONS.—Regulations to 
carry out section 1786 of title 38, United States Code, 
as added by subsection (a), shall be prescribed by the Sec-
retary of Veterans Affairs not later than 180 days after 
the date of the enactment of this Act. 
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