[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4046 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4046

To amend title 38, United States Code, to provide authority, in certain 
 cases, for the Secretary of Veterans Affairs to provide care for the 
 newborn children of veterans who have been provided maternity care by 
                  the Department of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

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

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide authority, in certain 
 cases, for the Secretary of Veterans Affairs to provide care for the 
 newborn children of veterans who have been provided maternity care by 
                  the Department of Veterans Affairs.

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

SECTION 1. CARE FOR NEWBORN CHILDREN OF VETERANS RECEIVING MATERNITY 
              CARE.

    (a) Authority to Provide Newborn Infant Care.--Subchapter VIII of 
chapter 17 of title 38, United States Code, is amended by adding at the 
end the following new section:
``Sec. 1786. Care for newborn children of veterans receiving maternity 
              care
    ``(a) Authority.--When a veteran who is enrolled in the system of 
patient enrollment established under section 1705 of this title is 
receiving maternity care from the Department and gives birth to a child 
in a Department facility, or in a non-Department facility in a case in 
which the expenses of the care of the veteran are covered under a 
Department contract, the Secretary may furnish care to the newborn 
child, subject to subsections (b) and (c).
    ``(b) Care in a Department Facility.--In a case in which a newborn 
child covered by subsection (a) is born in a Department facility, care 
furnished to the child at that facility shall be furnished without 
charge to the veteran who gave birth to the child.
    ``(c) Care in a Non-Department Facility.--(1) In a case in which a 
newborn child covered by subsection (a) is born in a non-Department 
facility or is provided care in a non-Department facility following 
birth in a Department facility and transfer from that facility, the 
Secretary shall provide for the payment of the cost of care and 
services for the newborn child for which the veteran is personally 
liable, subject to the regulations prescribed pursuant to paragraph 
(3).
    ``(2) For purposes of paragraph (1), a veteran shall be considered 
to be personally liable for an amount for the cost of care and services 
furnished to a newborn child only if--
            ``(A) the veteran is financially liable to the provider for 
        such amount;
            ``(B) the newborn child has no eligibility for coverage for 
        care or services under a health-plan contract determined, in 
        the case of a health-plan contract referred to in subparagraph 
        (A), (B), or (C) of section 1725(f)(2) of this title, without 
        regard to any requirement or limitation relating to eligibility 
        for care or services from any department or agency of the 
        United States); and
            ``(C) the veteran has no other contractual or legal 
        recourse against a third party that would, in whole or in part, 
        extinguish the veteran's liability to the provider for such 
        amount.
    ``(3) The Secretary shall prescribe regulations to--
            ``(A) establish the maximum amount payable under paragraph 
        (1), which may not exceed the amount payable for the same care 
        and services under the State plan for medical assistance 
        approved under title XIX of the Social Security Act of the 
        State in which the newborn child is born;
            ``(B) provide that in no event may a payment under 
        paragraph (1) include any amount for which the veteran is not 
        personally liable; and
            ``(C) delineate the scope of care and services for which 
        payment may be made under paragraph (1), but in no case may 
        such care and services be furnished after the month following 
        the month in which the child is born.
    ``(4) Payment of an amount by the Secretary under paragraph (1) on 
behalf of a veteran to a provider of care and services to a newborn 
child delivered by that veteran shall, unless rejected and refunded by 
the provider within 30 days of receipt, extinguish any liability on the 
part of the veteran for the cost of such care and services.
    ``(5) In this subsection:
            ``(A) The term `health contract' has the meaning given that 
        term in section 1725(f)(2) of this title and includes a State 
        child health plan approved under title XXI of the Social 
        Security Act (42 U.S.C. 1397 et seq.).
            ``(B) The term `third party' has the meaning given that 
        term in section 1725(f)(3) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1785 the following new item:

``1786. Care for newborn children of veterans receiving maternity 
                            care.''.
    (c) Effective Date.--Section 1786 of title 38, United States Code, 
as added by subsection (a), shall apply to care furnished to newborn 
children born on or after the date of the enactment of this Act.
    (d) Deadline for Regulations.--Regulations to carry out section 
1786 of title 38, United States Code, as added by subsection (a), shall 
be prescribed by the Secretary of Veterans Affairs not later than 180 
days after the date of the enactment of this Act.
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