I 
109TH CONGRESS 
2D SESSION 
H. R. 6049 
To amend section 1729 of title 38, United States Code, to eliminate the 
authorization for the United States to recover or collect from health 
plans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2006 
Mr. LATOURETTE introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend section 1729 of title 38, United States Code, 
to eliminate the authorization for the United States to 
recover or collect from health plans, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ELIMINATION OF AUTHORITY TO RECOVER OR 
COLLECT FROM HEALTH PLANS. 
(a) AMENDMENTS IN GENERAL.—Section 1729 of 
title 38, United States Code, is amended— 
(1) in subsection (a), by striking paragraphs 
(2)(D), (2)(E), and (3); 
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(2) in subsection (c), by striking paragraph 
(2)(B); 
(3) by striking subsection (h); and 
(4) in subsection (i), by striking paragraphs (1) 
and (3)(D). 
(b) TECHNICAL AMENDMENTS.— 
(1) Section 1729 of title 38, United States 
Code, is amended— 
(A) in subsection (a)(2)(B), by adding 
‘‘or’’ at the end; 
(B) in subsection (a)(2)(C), by striking the 
semicolon at the end and inserting a period; 
(C) in subsection (c)(2), by redesignating 
subparagraph (C) as subparagraph (B); 
(D) in subsection (i)(3)(B), by adding ‘‘or’’ 
at the end; 
(E) in subsection (i)(3)(C) by striking the 
semicolon at the end and inserting a period; 
(F) in subsection (i), by redesignating 
paragraphs (2) and (3) as paragraphs (1) and 
(2), respectively; and 
(G) by redesignating subsection (i) as sub-
section (g). 
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(2) Subsection (d)(4)(B) of section 1781 of title 
38, United States Code, is amended to read as fol-
lows: 
‘‘(B) The term ‘third party’ means— 
‘‘(i) a State or political subdivision of a State; 
‘‘(ii) an employer or an employer’s insurance 
carrier; 
‘‘(iii) an automobile accident reparations insur-
ance carrier; or 
‘‘(iv) a person obligated to provide, or to pay 
the expenses of, health services under a health-plan 
contract.’’. 
(3) Subsection (d)(4) of section 1781 of title 
38, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(C)(i) For purposes of subparagraph (B), 
the term ‘health-plan contract’ means an insur-
ance policy or contract, medical or hospital 
service agreement, membership or subscription 
contract, or similar arrangement, under which 
health services for individuals are provided or 
the expenses of such services are paid. 
‘‘(ii) Such term does not include— 
‘‘(I) an insurance program de-
scribed in section 1811 of the Social 
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Security Act (42 U.S.C. 1395c) or es-
tablished by section 1831 of such Act 
(42 U.S.C. 1395j); 
‘‘(II) a State plan for medical as-
sistance approved under title XIX of 
such Act (42 U.S.C. 1396 et seq.); 
‘‘(III) a workers’ compensation 
law or plan described in subparagraph 
(A) of subsection (a)(2) of section 
1729 of this title; or 
‘‘(IV) a program, plan, or policy 
under a law described in subpara-
graph (B) or (C) of such subsection.’’. 
SEC. 2. ABILITY TO RECOVER OR COLLECT ON EXISTING 
CLAIMS. 
The amendments made by this Act shall not effect 
the right of the United States to recover or collect reason-
able charges for care or services provided before the date 
of enactment of this Act if such care or services were re-
coverable or collectable when performed. 
Æ 
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