[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4758 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4758

To amend title 38, United States Code, to improve access of veterans to 
 emergency medical care in non-Department of Veterans Affairs medical 
                              facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1998

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

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to improve access of veterans to 
 emergency medical care in non-Department of Veterans Affairs medical 
                              facilities.

    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' Access to Emergency Care 
Act of 1998''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS ENROLLMENT SYSTEM DECLARED TO BE 
              A HEALTH CARE PLAN.

    Section 1705 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) The enrollment system under subsection (a) is a health care 
plan, and the veterans enrolled in that system are enrollees and 
participants in a health care plan.''.

SEC. 3. EMERGENCY HEALTH CARE IN NON-DEPARTMENT OF VETERANS AFFAIRS 
              FACILITIES FOR ENROLLED VETERANS.

    (a) Contract Care.--Section 1703(a)(3) of title 38, United States 
Code, is amended by inserting ``who is enrolled under section 1705 of 
this title or who is'' after ``health of a veteran''.
    (b) Definition of Medical Services.--Section 1701(6) of such title 
is amended--
            (1) by striking out ``and'' at the end of subparagraph (A);
            (2) by striking out the period at the end of subparagraph 
        (B) and inserting in lieu thereof ``; and''; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) emergency care, or reimbursement for such care, as 
        described in sections 1703(a)(3) and 1728(a)(2)(E) of this 
        title.''.
    (c) Reimbursement of Expenses for Emergency Care.--Section 
1728(a)(2) of such title is amended--
            (1) by striking out ``or'' before ``(D)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (E) for any medical emergency which poses a 
        serious threat to the life or health of a veteran enrolled 
        under section 1705 of this title''.
    (d) Payment Priority.--Section 1705 of such title is amended by 
adding at the end the following new subsection:
    ``(d) The Secretary shall require in a contract under section 
1703(a)(3) of this title, and as a condition of payment under section 
1728(a)(2) of this title, that payment by the Secretary for treatment 
under such contract, or under such section, of a veteran enrolled under 
this section shall be made only after any payment that may be made with 
respect to such treatment under part A or part B of the Medicare 
program and after any payment that may be made with respect to such 
treatment by a third-party insurance provider.''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to care or services provided on or after the date of 
the enactment of this Act.
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