Title: Veterans' Emergency Care Claims Parity Act
Policy area: Armed Forces and National Security

Summary:
Veterans' Emergency Care Claims Parity Act
This bill modifies certain deadlines for the submittal of claims by a non-Department of Veterans Affairs (VA) individual or entity seeking reimbursement for the provision of emergency treatment to a veteran. Specifically, a non-VA individual or entity seeking such reimbursement must submit a claim not later than 180 days after the treatment was provided. (Under the VA's current policy, such claims for unauthorized emergency care must generally be submitted within 90 days for conditions that are not service-connected and within two years for conditions that are service-connected.)
Veterans may not be held liable for payment if a claim was submitted by an individual or entity after the deadline due to an administrative error made by the individual or entity or by the VA.
The VA must publish information regarding emergency care authorization for non-VA providers on a publicly available VA website.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1875 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1875

  To amend title 38, United States Code, to provide a deadline of 180 
   days for the filing of claims for payment for emergency treatment 
             furnished to veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

  Mr. Rounds introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to provide a deadline of 180 
   days for the filing of claims for payment for emergency treatment 
             furnished to veterans, 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. SHORT TITLE.

    This Act may be cited as the ``Veterans' Emergency Care Claims 
Parity Act''.

SEC. 2. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR 
              EMERGENCY TREATMENT FURNISHED TO VETERANS.

    (a) Treatment for Non-Service-Connected Disabilities.--
            (1) In general.--Section 1725 of title 38, United States 
        Code, is amended--
                    (A) by redesignating subsection (f) as subsection 
                (h); and
                    (B) by inserting after subsection (e) the following 
                new subsections (f) and (g):
    ``(f) Submittal of Claims for Direct Payment.--An individual or 
entity seeking payment under subsection (a)(2) for treatment provided 
to a veteran in lieu of reimbursement to the veteran shall submit a 
claim for such payment not later than 180 days after the latest date on 
which such treatment was provided.
    ``(g) Hold Harmless.--No veteran described in subsection (b) may be 
held liable for payment for emergency treatment described in such 
subsection if--
            ``(1) a claim for direct payment was submitted by an 
        individual or entity under subsection (f); and
            ``(2) such claim was submitted after the deadline 
        established by such subsection due to--
                    ``(A) an administrative error made by the 
                individual or entity, such as submission of the claim 
                to the wrong Federal agency; or
                    ``(B) an administrative error made by the 
                Department, such as misplacement of a paper claim or 
                deletion of an electronic claim.''.
    (b) Treatment for and in Connection With Service-Connected 
Disabilities.--Section 1728(b) of such title is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) in the matter preceding subparagraph (A), as 
        redesignated by paragraph (1), by striking ``In any case'' and 
        inserting ``(1) In any case'';
            (3) by adding at the end the following new paragraph:
    ``(2) An individual or entity seeking payment under paragraph (1) 
for treatment provided to a veteran in lieu of reimbursement to the 
veteran shall submit a claim for such payment not later than 180 days 
after the latest date on which such treatment was provided.'';
            (4) by redesignating subsection (c) as subsection (d); and
            (5) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) No veteran described in subsection (a) may be held liable for 
payment for emergency treatment described in such subsection if--
            ``(1) a claim for direct payment was submitted by an 
        individual or entity under subsection (b)(2); and
            ``(2) such claim was submitted after the deadline 
        established by such subsection due to--
                    ``(A) an administrative error made by the 
                individual or entity, such as submission of the claim 
                to the wrong Federal agency; or
                    ``(B) an administrative error made by the 
                Department, such as misplacement of a paper claim or 
                deletion of an electronic claim.''.
    (c) Conforming Amendments.--Such title is amended--
            (1) in section 1705A(d), by striking ``section 1725(f)'' 
        and inserting ``section 1725(h)'';
            (2) in section 1725(b)(3)(B), by striking ``subsection 
        (f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B) 
        or (h)(2)(C)'';
            (3) in section 1728(d), as redesignated by subsection 
        (b)(4), by striking ``section 1725(f)(1)'' and inserting 
        ``section 1725(h)(1)'';
            (4) in section 1781(a)(4), by striking ``section 1725(f)'' 
        and inserting ``section 1725(h)''; and
            (5) in section 1787(b)(3), by striking ``section 1725(f)'' 
        and inserting ``section 1725(h)''.

SEC. 3. PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT OF 
              VETERANS AFFAIRS PROVIDERS.

    (a) In General.--The Secretary of Veterans Affairs shall publish on 
one or more publicly available internet websites of the Department of 
Veterans Affairs, including the main internet website regarding 
emergency care authorization for non-Department providers, the 
following information:
            (1) A summary table or similar resource that provides a 
        list of all authorities of the Department to authorize 
        emergency care from non-Department providers and, for each such 
        authority, the corresponding deadline for submission of claims.
            (2) An illustrated summary of steps, such as a process map, 
        with a checklist for the submission of clean claims that non-
        Department providers can follow to assure compliance with the 
        claims-filing process of the Department.
            (3) Contact information for the appropriate office or 
        service line of the Department to address process questions 
        from non-Department providers.
    (b) Periodic Review.--Not less frequently than once every 180 days, 
the Secretary shall review the information published under subsection 
(a) to ensure that such information is current.
    (c) Clean Claims Defined.--In this section, the term ``clean 
claims'' means clean electronic claims and clean paper claims (as those 
terms are defined in section 1703D(i) of title 38, United States Code).
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