To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions, and for other purposes.

Bill: 118-hr-10137
Sponsor: full_name: Rep. Brownley, Julia [D-CA-26]
Introduced: 2024-11-15
Policy area: Armed Forces and National Security
Latest action: action_date: 2024-11-15
text: Referred to the House Committee on Veterans' Affairs.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10137 IN THE HOUSE OF REPRESENTATIVES November 15, 2024 Ms. Brownley introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions, and for other purposes.

1. Department of Veterans Affairs provision of health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions (a) In general Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1790. Health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions (a) In general (1) An individual described in subsection (b) shall be eligible for hospital care and medical services furnished by the Secretary for a covered illness or condition. (2) An individual described in this subsection is an individual who— (A) resided at, worked at, or was in utero while their mother resided at or worked at a location for which the Secretary has established a presumption of service-connection for any illness or condition under or pursuant to chapter 11 of this title for the time period required for such presumption; and (B) can demonstrate that the individual was exposed to the same condition or conditions that qualify veterans for such presumption, as determined by the Secretary. (b) Limitations (1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. (2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of an individual that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than time spent at a location referred to in subsection (a)(2)(A). (3) The Secretary may furnish hospital care or medical services provided to an individual described in subsection (a)(2) only after the individual or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the individual or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section). (c) Covered illness or condition In this section, the term covered illness or condition means, with respect to an individual who resided at, worked at, or was in utero while their mother resided at or worked at a location, an illness or condition for which the Secretary has established a presumption of service-connection under or pursuant to chapter 11 of this title based on service in the Armed Forces at that location, notwithstanding that there is insufficient medical evidence to conclude that the illness or condition is attributable to such residence or work. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1789 the following new item: 1790. Health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions. . (c) Reports Not later than December 31 of each of 2026, 2027, and 2028, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the hospital care and medical services provided under section 1790 of title 38, United States Code, as added by subsection (a). Each such report shall include each of the following: (1) The number of individuals who were furnished hospital care or medical services under such section during the period beginning on January 1, 2025, and ending on the date of such report. (2) The illnesses and conditions for which such care or services were provided and the location associated with the presumption of service-connection for each such illness or condition. (3) The number of individuals who applied for care or services under such section during that period but who were denied, including information on the reasons for such denials. (4) The number of individuals who applied for care or services under such section and are awaiting a decision from the Secretary on eligibility for such care or services. as of the date of such report.