[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5530 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5530

  To amend title 38, United States Code, to enhance the right of the 
Department of Veterans Affairs to recover payments by third parties for 
costs of providing non-service-connected care to beneficiaries of such 
                             third parties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2002

   Mr. Smith of New Jersey introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to enhance the right of the 
Department of Veterans Affairs to recover payments by third parties for 
costs of providing non-service-connected care to beneficiaries of such 
                             third parties.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECOVERY BY THE DEPARTMENT OF VETERANS AFFAIRS OF COSTS OF 
              CERTAIN HEALTH CARE SERVICES.

    (a) Scope of Recovery Authority.--Section 1729(i) of title 38, 
United States Code, is amended--
            (1) in paragraph (1)(B), by striking clause (i) and 
        redesignating clauses (ii), (iii), and (iv) as clauses (i), 
        (ii), and (iii), respectively; and
            (2) in paragraph (3)--
                    (A) by redesignating subparagraphs (A) through (D) 
                as subparagraphs (B) through (E), respectively; and
                    (B) by inserting before subparagraph (B), as so 
                redesignated, the following new subparagraph (A):
                    ``(A) a department or agency of the United States 
                other than the Department;''.
    (b) Conforming Amendments.--Section 1729(a)(1) of such title is 
amended--
            (1) by inserting ``(A)'' after ``if'';
            (2) by inserting ``, or (B) the veteran had incurred a 
        legal liability to pay for such care or services'' before the 
        period; and
            (3) by inserting at the end the following new sentence: 
        ``The preceding sentence applies notwithstanding any other 
        provision of law, other than a law enacted after the date of 
        the enactment of this sentence that is expressly stated as an 
        exception or limitation to this section.''.
    (c) Effective Date.--The amendments made by this section shall 
apply only with respect to care or services furnished under chapter 17 
of title 38, United States Code, on or after the date of the enactment 
of this Act.
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