[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1767 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1767

To amend title 38, United States Code, to provide for cost recovery by 
the Department of Veterans Affairs of the cost of health care delivered 
   to veterans who are eligible for care under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

     Mr. Hutchinson (for himself, Mr. Edwards, and Mr. Montgomery) 
 introduced the following bill; which was referred to the Committee on 
 Veterans' Affairs, and in addition to the Committees on Commerce, and 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide for cost recovery by 
the Department of Veterans Affairs of the cost of health care delivered 
   to veterans who are eligible for care under the Medicare program.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. MEDICARE COST RECOVERY BY DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--(1) Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1729 the following new section:
``Sec. 1729A. Medicare coverage and reimbursement
    ``(a) In the case of care for a non-service-connected disability 
that is provided by the Department to a veteran who is a Medicare-
eligible individual, the Secretary of Health and Human Services shall 
reimburse the Department health-care facility that (under subsection 
(b)) provides that care as a Medicare provider or Medicare HMO in the 
same amounts and in the same manner as that Secretary reimburses other 
Medicare providers or Medicare HMOs, respectively. The Secretary of 
Health and Human Services shall include with each such reimbursement a 
Medicare explanation of benefits.
    ``(b)(1) For purposes of subsection (a)--
            ``(A) a Department health care facility providing care to a 
        Medicare-eligible individual for which there is a certification 
        in effect under paragraph (2) shall be deemed to be a Medicare 
        provider; and
            ``(B) a Department health-care facility (or group of 
        facilities) providing care to a Medicare-eligible individual 
        for which there is a certification in effect under paragraph 
        (2) shall be deemed to be a Medicare HMO.
    ``(2) The Secretary shall certify to the Secretary of Health and 
Human Services each year--
            ``(A) a list of all Department health care facilities that 
        are to be treated as Medicare providers for purposes of this 
        section; and
            ``(B) a list of all Department health-care facilities (or 
        groups of facilities) that are to be treated as Medicare HMOs 
        for purposes of this section.
    ``(3) The Secretary shall certify the lists under paragraph (2) 
each year based solely upon criteria determined by the Secretary.
    ``(4) The Secretary shall consult with the Secretary of Health and 
Human Services in seeking ways to improve health care delivery to 
veterans.
    ``(c) When the Secretary provides care to a veteran for which the 
Secretary receives reimbursement under this section, the Secretary 
shall require the veteran to pay to the Department any applicable 
deductible or copayment under this chapter for such care that is not 
covered by the Medicare program.
    ``(d) For purposes of this section:
            ``(1) The term `Medicare program' means the health 
        insurance program under title XVIII of the Social Security Act.
            ``(2) The term `Medicare-eligible individual' means an 
        individual who is entitled to benefits under part A of the 
        Medicare program.
            ``(3) The term `Medicare HMO' means an eligible 
        organization under section 1876 of the Social Security Act.
            ``(4) The term `Medicare provider' means an individual or 
        entity furnishing items or services for which payments may be 
        made under the Medicare program.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1729 the 
following new item:

``1729A. Medicare coverage and reimbursement.''.
    (b) Effective Date.--Section 1729A of title 38, United States Code, 
as added by subsection (a), shall apply with respect to care provided 
after the date of the enactment of this Act.
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