[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1146 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1146

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 SENATE OF THE UNITED STATES

                              May 27, 1999

Mr. Daschle (for himself and Mr. Rockefeller) 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 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 1999''.

SEC. 2. EMERGENCY HEALTH CARE IN NON-DEPARTMENT OF VETERANS AFFAIRS 
              FACILITIES FOR ENROLLED VETERANS.

    (a) Definitions.--Section 1701 of title 38, United States Code, is 
amended--
            (1) in paragraph (6)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) 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.''; and
            (2) by adding at the end the following new paragraph:
            ``(10) The term `emergency medical condition' means a 
        medical condition manifesting itself by acute symptoms of 
        sufficient severity (including severe pain) such that a prudent 
        layperson, who possesses an average knowledge of health and 
        medicine, could reasonably expect the absence of immediate 
        medical attention to result in--
                    ``(A) placing the health of the individual (or, 
                with respect to a pregnant woman, the health of the 
                woman or her unborn child) in serious jeopardy;
                    ``(B) serious impairment to bodily functions; or
                    ``(C) serious dysfunction of any bodily organ or 
                part.''.
    (b) Contract Care.--Section 1703(a)(3) of such title is amended by 
striking ``medical emergencies'' and all that follows through ``health 
of a veteran'' and inserting ``an emergency medical condition of a 
veteran who is enrolled under section 1705 of this title or who is''.
    (c) Reimbursement of Expenses for Emergency Care.--Section 
1728(a)(2) of such title is amended--
            (1) by striking ``or'' before ``(D)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (E) for any emergency medical condition 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.
                                 <all>