I 
115TH CONGRESS 
1ST SESSION 
H. R. 476 
To amend title 38, United States Code, to clarify the emergency hospital 
care furnished by the Secretary of Veterans Affairs to certain veterans. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2017 
Mr. NEWHOUSE (for himself, Mr. GOHMERT, Mr. HENSARLING, Mr. JONES, 
Mr. MARSHALL, Mr. OLSON, Mrs. RADEWAGEN, and Mr. YOUNG of Iowa) 
introduced the following bill; which was referred to the Committee on 
Veterans’ Affairs 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Emergency 
Treatment Act’’ or the ‘‘VET Act’’. 
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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-
partment and the Secretary determines that the veteran 
has an emergency medical condition, the Secretary shall 
provide either— 
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‘‘(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 
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 
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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 
‘‘(iii) if a physician is not physically present in 
the emergency department at the time a veteran is 
transferred, a qualified medical person (as defined 
by the Secretary in regulations) has signed a certifi-
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cation described in clause (ii) after a physician, in 
consultation with the person, has made the deter-
mination described in such clause, and subsequently 
countersigns the certification; and 
‘‘(B) the transfer is an appropriate transfer as 
described in paragraph (2). 
‘‘(2) An appropriate transfer to a medical facility is 
a transfer— 
‘‘(A) in which the transferring medical facility 
provides the medical treatment within the capacity 
of the facility that minimizes the risks to the health 
of the enrolled veteran and, in the case of a woman 
in labor, the health of the unborn child; 
‘‘(B) in which the receiving facility— 
‘‘(i) has available space and qualified per-
sonnel for the treatment of the veteran; and 
‘‘(ii) has agreed to accept transfer of the 
veteran and to provide appropriate medical 
treatment; 
‘‘(C) in which the transferring facility sends to 
the receiving facility all medical records (or copies 
thereof), related to the emergency condition for 
which the veteran has presented, available at the 
time of the transfer, including records related to the 
emergency medical condition of the veteran, observa-
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tions of signs or symptoms, preliminary diagnosis, 
treatment provided, results of any tests and the in-
formed written consent or certification (or copy 
thereof) provided under paragraph (1)(A), and the 
name and address of any on-call physician (de-
scribed in subsection (d)(1)(C) of this section) who 
has refused or failed to appear within a reasonable 
time to provide necessary stabilizing treatment; 
‘‘(D) in which the transfer is effected through 
qualified personnel and transportation equipment, as 
required including the use of necessary and medi-
cally appropriate life support measures during the 
transfer; and 
‘‘(E) that meets such other requirements as the 
Secretary may find necessary in the interest of the 
health and safety of veterans transferred. 
‘‘(d) CHARGES.—(1) Nothing in this section may be 
construed to affect any charges that the Secretary may 
collect from a veteran or third party. 
‘‘(2) The Secretary shall treat any care provided by 
a non-Department facility pursuant to this section as care 
otherwise provided by a non-Department facility pursuant 
to this chapter for purposes of paying such non-Depart-
ment facility for such care. 
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‘‘(e) NONDISCRIMINATION.—A medical facility of the 
Department or a non-Department facility, as the case may 
be, that has specialized capabilities or facilities (such as 
burn units, shock-trauma units, neonatal intensive care 
units, or (with respect to rural areas) regional referral 
centers as identified by the Secretary in regulation) shall 
not refuse to accept an appropriate transfer of an enrolled 
veteran who requires such specialized capabilities or facili-
ties if the facility has the capacity to treat the veteran. 
‘‘(f) NO DELAY IN EXAMINATION OR TREATMENT.— 
A medical facility of the Department or a non-Department 
facility, as the case may be, may not delay provision of 
an appropriate medical screening examination required 
under subsection (a) or further medical examination and 
treatment required under subsection (b) of this section in 
order to inquire about the method of payment or insurance 
status of an enrolled veteran. 
‘‘(g) WHISTLEBLOWER
PROTECTIONS.—The Sec-
retary may not take adverse action against an employee 
of the Department because the employee refuses to au-
thorize the transfer of an enrolled veteran with an emer-
gency medical condition that has not been stabilized or 
because the employee reports a violation of a requirement 
of this section. 
‘‘(h) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘emergency medical condition’ 
means— 
‘‘(A) a medical condition manifesting itself 
by acute symptoms of sufficient severity (in-
cluding severe pain) such that the absence of 
immediate medical attention could reasonably 
be expected to result in— 
‘‘(i) placing the health of the enrolled 
veteran (or, with respect to an enrolled vet-
eran who is a pregnant woman, the health 
of the woman or her unborn child) in seri-
ous jeopardy; 
‘‘(ii) serious impairment to bodily 
functions; or 
‘‘(iii) serious dysfunction of any bodily 
organ or part; or 
‘‘(B) with respect to an enrolled veteran 
who is a pregnant woman having contractions— 
‘‘(i) that there is inadequate time to 
effect a safe transfer to another hospital 
before delivery; or 
‘‘(ii) that transfer may pose a threat 
to the health or safety of the woman or the 
unborn child. 
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‘‘(2) The term ‘enrolled veteran’ means a vet-
eran who is enrolled in the health care system estab-
lished under section 1705(a) of this title. 
‘‘(3) The term ‘to stabilize’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), to provide such medical treatment 
of the condition as may be necessary to assure, with-
in reasonable medical probability, that no material 
deterioration of the condition is likely to result from 
or occur during the transfer of the enrolled veteran 
from a facility, or, with respect to an emergency 
medical condition described in paragraph (1)(B), to 
deliver (including the placenta). 
‘‘(4) The term ‘stabilized’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), that no material deterioration of 
the condition is likely, within reasonable medical 
probability, to result from or occur during the trans-
fer of the individual from a facility, or, with respect 
to an emergency medical condition described in 
paragraph (1)(B), that the woman has delivered (in-
cluding the placenta). 
‘‘(5) The term ‘transfer’ means the movement 
(including the discharge) of an enrolled veteran out-
side the facilities of a medical facility of the Depart-
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ment at the direction of any individual employed by 
(or affiliated or associated, directly or indirectly, 
with) the Department, but does not include such a 
movement of an individual who— 
‘‘(A) has been declared dead; or 
‘‘(B) leaves the facility without the permis-
sion of any such person.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of such chapter is amended by inserting after the item 
relating to section 1730A the following new item: 
‘‘1730B. Examination and treatment for emergency medical conditions and 
women in labor.’’. 
Æ 
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