To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes.
PL 111-137 (H.R.1377), enacted 02/01/2010

123 STAT. 3495 
PUBLIC LAW 111–137—FEB. 1, 2010 
Public Law 111–137 
111th Congress 
An Act 
To amend title 38, United States Code, to expand veteran eligibility for reimburse-
ment by the Secretary of Veterans Affairs for emergency treatment furnished 
in a non-Department facility, 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. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSE-
MENT BY SECRETARY OF VETERANS AFFAIRS FOR 
EMERGENCY 
TREATMENT 
FURNISHED 
IN 
A 
NON- 
DEPARTMENT FACILITY. 
(a) EXPANSION OF ELIGIBILITY.—Section 1725 of title 38, United 
States Code, is amended— 
(1) in subsection (b)(3)(C), by striking ‘‘or in part’’; and 
(2) in subsection (f)(2), by striking subparagraph (E). 
(b) LIMITATIONS ON REIMBURSEMENT.—Subsection (c) of such 
section is amended by adding at the end the following new para-
graph: 
‘‘(4)(A) If the veteran has contractual or legal recourse against 
a third party that would only, in part, extinguish the veteran’s 
liability to the provider of the emergency treatment, and payment 
for the treatment may be made both under subsection (a) and 
by the third party, the amount payable for such treatment under 
such subsection shall be the amount by which the costs for the 
emergency treatment exceed the amount payable or paid by the 
third party, except that the amount payable may not exceed the 
maximum amount payable established under paragraph (1)(A). 
‘‘(B) In any case in which a third party is financially responsible 
for part of the veteran’s emergency treatment expenses, the Sec-
retary shall be the secondary payer. 
‘‘(C) A payment in the amount payable under subparagraph 
(A) shall be considered payment in full and shall extinguish the 
veteran’s liability to the provider. 
‘‘(D) The Secretary may not reimburse a veteran under this 
section for any copayment or similar payment that the veteran 
owes the third party or for which the veteran is responsible under 
a health-plan contract.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by subsections 
(a) and (b) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to emergency treatment 
furnished on or after the date of the enactment of this Act. 
(2) REIMBURSEMENT
FOR
TREATMENT
PROVIDED
BEFORE 
EFFECTIVE DATE.—The Secretary may provide reimbursement 
under section 1725 of title 38, United States Code, as amended 
Applicability. 
38 USC 1725 
note. 
Feb. 1, 2010 
[H.R. 1377] 
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123 STAT. 3496 
PUBLIC LAW 111–137—FEB. 1, 2010 
LEGISLATIVE HISTORY—H.R. 1377: 
HOUSE REPORTS: No. 111–55 (Comm. on Veterans’ Affairs). 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
Mar. 30, considered and passed House. 
Dec. 18, considered and passed Senate. 
by subsections (a) and (b), for emergency treatment furnished 
to a veteran before the date of the enactment of this Act, 
if the Secretary determines that, under the circumstances 
applicable with respect to the veteran, it is appropriate to 
do so. 
Approved February 1, 2010. 
VerDate Nov 24 2008 
08:00 Sep 19, 2011
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