109 HR 6049 IH: To amend section 1729 of title 38, United States Code, to U.S. House of Representatives 2006-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6049 IN THE HOUSE OF REPRESENTATIVES September 8, 2006 Mr. LaTourette introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend section 1729 of title 38, United States Code, to eliminate the authorization for the United States to recover or collect from health plans, and for other purposes.

1.

Elimination of authority to recover or collect from health plans

(a)

Amendments in general

Section 1729 of title 38, United States Code, is amended— (1)in subsection (a), by striking paragraphs (2)(D), (2)(E), and (3); (2)in subsection (c), by striking paragraph (2)(B); (3)by striking subsection (h); and (4)in subsection (i), by striking paragraphs (1) and (3)(D). (b)

Technical amendments

(1)Section 1729 of title 38, United States Code, is amended— (A)in subsection (a)(2)(B), by adding or at the end; (B)in subsection (a)(2)(C), by striking the semicolon at the end and inserting a period; (C)in subsection (c)(2), by redesignating subparagraph (C) as subparagraph (B); (D)in subsection (i)(3)(B), by adding or at the end; (E)in subsection (i)(3)(C) by striking the semicolon at the end and inserting a period; (F)in subsection (i), by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (G)by redesignating subsection (i) as subsection (g). (2)Subsection (d)(4)(B) of section 1781 of title 38, United States Code, is amended to read as follows: (B)The term third party means— (i)a State or political subdivision of a State; (ii)an employer or an employer's insurance carrier; (iii)an automobile accident reparations insurance carrier; or (iv)a person obligated to provide, or to pay the expenses of, health services under a health-plan contract. . (3)Subsection (d)(4) of section 1781 of title 38, United States Code, is amended by adding at the end the following new subparagraph: (C)(i)For purposes of subparagraph (B), the term health-plan contract means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement, under which health services for individuals are provided or the expenses of such services are paid. (ii)Such term does not include— (I)an insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of such Act (42 U.S.C. 1395j); (II)a State plan for medical assistance approved under title XIX of such Act (42 U.S.C. 1396 et seq.); (III)a workers' compensation law or plan described in subparagraph (A) of subsection (a)(2) of section 1729 of this title; or (IV)a program, plan, or policy under a law described in subparagraph (B) or (C) of such subsection. .

2.

Ability to recover or collect on existing claims

The amendments made by this Act shall not effect the right of the United States to recover or collect reasonable charges for care or services provided before the date of enactment of this Act if such care or services were recoverable or collectable when performed.