Title: To ensure that veterans receive timely and effective health care under the Veterans Community Care Program and Veterans Care Agreements during the COVID-19 emergency, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill sets forth policies and procedures related to medical care for veterans covered under the Veterans Community Care Program and Veterans Care Agreements during the COVID-19 (i.e., coronavirus disease 2019) emergency period.
Specifically, the bill authorizes covered veterans to receive care for COVID-19 diagnosis or treatment under the Veterans Community Care Program and Veterans Care Agreements during the COVID-19 emergency period, regardless of whether such care is for a service-connected disability. Emergency medical care and COVID-19 care shall not require Department of Veterans Affairs (VA) preauthorization during the emergency period.
The bill prescribes how the VA shall administer claims for payments relating to emergency COVID-19 care, depending on whether the community care provider is (1) an eligible provider under the Veterans Community Care Program, (2) party to a Veterans Care Agreement, or (3) not eligible under the Veterans Community Care Program or part of a Veterans Care Agreement.
The bill classifies emergency treatment for COVID-19 as emergency treatment eligible for coverage by the VA.
The VA shall determine whether a veteran who receives emergency care for COVID-19 is an active VA health care participant without regard to whether the veteran has received VA medical care in the two years preceding such emergency care.
Finally, the bill specifies that, during the emergency period, community care providers that furnish emergency COVID-19 care are required to submit a claim for payment to the VA within 180 days of such care.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6591 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6591

To ensure that veterans receive timely and effective health care under 
the Veterans Community Care Program and Veterans Care Agreements during 
            the COVID-19 emergency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2020

  Mr. Pappas introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To ensure that veterans receive timely and effective health care under 
the Veterans Community Care Program and Veterans Care Agreements during 
            the COVID-19 emergency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMMUNITY CARE FOR VETERANS DURING COVID-19 EMERGENCY.

    (a) Veterans Community Care Program and Veterans Care Agreements.--
            (1) Eligibility.--During the period of a covered public 
        health emergency, any veteran covered by subsection (b) of 
        section 1703 or subsection (l) of section 1703A of title 38, 
        United States Code, may receive COVID-19 care pursuant to such 
        respective section, regardless of whether such care is for a 
        service-connected disability.
            (2) Preauthorization not required.--
                    (A) In general.--During the period of a covered 
                public health emergency, in carrying out section 
                1703(a)(3) of title 38, United States Code, the 
                Secretary of Veterans Affairs shall treat hospital care 
                and services described in subparagraph (B) as being 
                authorized by the Secretary under such section, 
                regardless of whether the Secretary is notified of such 
                care by any deadline otherwise required by the 
                Secretary for purposes of such section.
                    (B) Hospital care and services described.--The 
                hospital care and services described in this 
                subparagraph are the following:
                            (i) COVID-19 care.
                            (ii) Emergency medical care and services.
    (b) Emergency Treatment.--
            (1) Rule.--During the period of a covered public health 
        emergency, the Secretary of Veterans Affairs shall administer 
        claims for payments relating to emergency COVID-19 care as 
        follows:
                    (A) If the community care provider that furnished 
                the care is an eligible provider under section 1703 of 
                title 38, United States Code, the Secretary shall 
                administer the claim pursuant to that section.
                    (B) If the community care provider has entered into 
                a Veterans Care Agreement under section 1703A of such 
                title, the Secretary shall administer the claim 
                pursuant to that section.
                    (C) If the community care provider is not described 
                in subparagraph (A) or (B) of this paragraph, the 
                Secretary shall administer the claim pursuant to 
                section 1725 or 1728 of such title, as the case may be.
            (2) Scope of treatment.--During the period of a covered 
        public health emergency, emergency COVID-19 care furnished to 
        veterans shall be deemed to be ``emergency treatment'' for 
        purposes of sections 1725 and 1728 of title 38, United States 
        Code, regardless of whether--
                    (A) such care meets the requirements of 
                subparagraphs (A) and (B) of subsection (f)(1) of such 
                section 1725; or
                    (B) such care is furnished after the veteran can be 
                transferred, or is accepted for a transfer, to a 
                facility of the Department of Veterans Affairs or other 
                Federal facility as described in clauses (i) and (ii) 
                of subparagraph (C) of such subsection.
            (3) Enrollment requirements.--During the period of a 
        covered public health emergency, in carrying out section 1725 
        of title 38, United States Code, the Secretary shall determine 
        whether a veteran who receives emergency COVID-19 care is an 
        active Department health care participant under subsection (b) 
        of such section without regard to whether the veteran meets the 
        requirement in paragraph (2)(B) of such subsection.
            (4) Submission of claims.--During the period of a covered 
        public health emergency, subsection (b) of section 1703D of 
        title 38, United States Code, shall apply with respect to 
        community care providers furnishing emergency COVID-19 care to 
        veterans pursuant to sections 1725 and 1728 of title 38, United 
        States Code.
    (c) Primary Payer.--During the period of a covered public health 
emergency, notwithstanding section 1725 of title 38, United States 
Code, or any other provision of law, the Secretary of Veterans Affairs 
shall be the primary payer with respect to COVID-19 care furnished to 
veterans, including with respect to the transportation of a veteran by 
ambulance. The Secretary may seek reimbursement from any third party 
that would otherwise be liable for such care, or be obligated to 
provide or to pay the expenses of such care, including pursuant to a 
health-plan contract.
    (d) Application.--This section shall apply to medical care or 
services furnished during the period of a covered public health 
emergency, regardless of whether such care or services were furnished 
before the date of the enactment of this Act.
    (e) Definitions.--In this section:
            (1) The term ``community care provider'' has the meaning 
        given the term ``health care entity or provider'' in section 
        1703D(i) of title 38, United States Code.
            (2) The term ``covered public health emergency'' means the 
        declaration--
                    (A) of a public health emergency, based on an 
                outbreak of COVID-19 by the Secretary of Health and 
                Human Services under section 319 of the Public Health 
                Service Act (42 U.S.C. 247d); or
                    (B) of a domestic emergency, based on an outbreak 
                of COVID-19 by the President, the Secretary of Homeland 
                Security, or a State or local authority.
            (3) The term ``COVID-19 care'' means medical care or 
        services furnished to a veteran by a community care provider 
        pursuant to chapter 17 of title 38, United States Code, or 
        other provision of law administered by the Secretary of 
        Veterans Affairs, for the diagnosis or treatment of COVID-19.
            (4) The term ``health-plan contract'' and ``third party'' 
        have the meanings given those terms in section 1725 of title 
        38, United States Code.
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