[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3210 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3210

   To provide medical care and other benefits for members and former 
     members of the Armed Forces with severe injuries or illnesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2007

 Mr. Donnelly introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide medical care and other benefits for members and former 
     members of the Armed Forces with severe injuries or illnesses.

    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 ``Wounded Warriors Expansion of Care 
Act of 2007''.

SEC. 2. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER MEMBERS 
              OF THE ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES.

    (a) Medical and Dental Care for Members and Former Members.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act and subject to regulations prescribed by the 
        Secretary of Defense, any covered member of the Armed Forces, 
        and any former member of the Armed Forces, with a severe injury 
        or illness is entitled to medical and dental care in any 
        facility of the uniformed services under section 1074(a) of 
        title 10, United States Code, or through any civilian health 
        care provider authorized by the Secretary to provide health and 
        mental health services to members of the uniformed services, 
        including traumatic brain injury (TBI) and post-traumatic 
        stress disorder (PTSD), as if such member or former member were 
        a member of the uniformed services described in paragraph (2) 
        of such section who is entitled to medical and dental care 
        under such section.
            (2) Period of authorized care.--(A) Except as provided in 
        subparagraph (B), a member or former member described in 
        paragraph (1) is entitled to care under that paragraph--
                    (i) in the case of a member or former member whose 
                severe injury or illness concerned is incurred or 
                aggravated during the period beginning on October 7, 
                2001, and ending on the date of the enactment of this 
                Act, during the three-year period beginning on the date 
                of the enactment of this Act, except that no 
                compensation is payable by reason of this subsection 
                for any period before the date of the enactment of this 
                Act; or
                    (ii) in the case of a member or former member whose 
                severe injury or illness concerned is incurred or 
                aggravated on or after the date of the enactment of 
                this Act, during the three-year period beginning on the 
                date on which such injury or illness is so incurred or 
                aggravated.
            (B) The period of care authorized for a member or former 
        member under this paragraph may be extended by the Secretary 
        concerned for an additional period of up to two years if the 
        Secretary concerned determines that such extension is necessary 
        to assure the maximum feasible recovery and rehabilitation of 
        the member or former member. Any such determination shall be 
        made on a case-by-case basis.
            (3) Integrated care management.--The Secretary of Defense 
        shall provide for a program of integrated care management in 
        the provision of care and services under this subsection, which 
        management shall be provided by appropriate medical and case 
        management personnel of the Department of Defense and the 
        Department of Veterans Affairs (as approved by the Secretary of 
        Veterans Affairs) and with appropriate support from the 
        Department of Defense regional health care support contractors.
            (4) Waiver of limitations to maximize care.--The Secretary 
        of Defense may, in providing medical and dental care to a 
        member or former member under this subsection during the period 
        referred to in paragraph (2), waive any limitation otherwise 
        applicable under chapter 55 of title 10, United States Code, to 
        the provision of such care to the member or former member if 
        the Secretary considers the waiver appropriate to assure the 
        maximum feasible recovery and rehabilitation of the member or 
        former member.
            (5) Construction with eligibility for veterans benefits.--
        Nothing in this subsection shall be construed to reduce, alter, 
        or otherwise affect the eligibility or entitlement of a member 
        or former member of the Armed Forces to any health care, 
        disability, or other benefits to which the member of former 
        member would otherwise be eligible or entitled as a veteran 
        under the laws administered by the Secretary of Veterans 
        Affairs.
            (6) Sunset.--The Secretary of Defense may not provide 
        medical or dental care to a member or former member of the 
        Armed Forces under this subsection after December 31, 2012, if 
        the Secretary has not provided medical or dental care to the 
        member or former member under this subsection before that date.
    (b) Rehabilitation and Vocational Benefits.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act, a member of the Armed Forces with a severe injury 
        or illness is entitled to such benefits (including 
        rehabilitation and vocational benefits, but not including 
        compensation) from the Secretary of Veterans Affairs to 
        facilitate the recovery and rehabilitation of such member as 
        the Secretary otherwise provides to members of the Armed Forces 
        receiving medical care in medical facilities of the Department 
        of Veterans Affairs facilities in order to facilitate the 
        recovery and rehabilitation of such members.
            (2) Limitations.--The provisions of paragraphs (2) through 
        (6) of subsection (a) shall apply to the provision of benefits 
        under this subsection as if the benefits provided under this 
        subsection were provided under subsection (a).
            (3) Reimbursement.--The Secretary of Defense shall 
        reimburse the Secretary of Veterans Affairs for the cost of any 
        benefits provided under this subsection in accordance with 
        applicable mechanisms for the reimbursement of the Secretary of 
        Veterans Affairs for the provision of medical care to members 
        of the Armed Forces.
    (c) Recovery of Certain Expenses of Medical Care and Related 
Travel.--
            (1) In general.--Commencing not later than 60 days after 
        the date of the enactment of this Act, the Secretary of the 
        military department concerned may reimburse covered members of 
        the Armed Forces, and former members of the Armed Forces, with 
        a severe injury or illness for covered expenses incurred by 
        such members or former members, or their family members, in 
        connection with the receipt by such members or former members 
        of medical care that is required for such injury or illness.
            (2) Covered expenses.--Expenses for which reimbursement may 
        be made under paragraph (1) include the following:
                    (A) Expenses for health care services for which 
                coverage would be provided under section 1074(c) of 
                title 10, United States Code, for members of the 
                uniformed services on active duty.
                    (B) Expenses of travel of a non-medical attendant 
                who accompanies a member or former member of the Armed 
                Forces for required medical care that is not available 
                to such member or former member locally, if such 
                attendant is appointed for that purpose by a competent 
                medical authority (as determined under regulations 
                prescribed by the Secretary of Defense for purposes of 
                this subsection).
                    (C) Such other expenses for medical care as the 
                Secretary may prescribe for purposes of this 
                subsection.
            (3) Amount of reimbursement.--The amount of reimbursement 
        under paragraph (1) for expenses covered by paragraph (2) shall 
        be determined in accordance with regulations prescribed by the 
        Secretary of Defense for purposes of this subsection.
    (d) Severe Injury or Illness Defined.--In this section, the term 
``severe injury or illness'' means any serious injury or illness that 
is assigned a disability rating of 30 percent or higher under the 
schedule for rating disabilities in use by the Department of Defense.
    (e) Additional Definitions.--In this Act:
            (1) Covered member of the armed forces.--The term ``covered 
        member of the Armed Forces'' means a member of the Armed 
        Forces, including a member of the National Guard or a Reserve, 
        who is undergoing medical treatment, recuperation, or therapy, 
        is otherwise in medical hold or medical holdover status, or is 
        otherwise on the temporary disability retired list for a 
        serious injury or illness.
            (2) Family member.--The term ``family member'', with 
        respect to a member of the Armed Forces or a veteran, has the 
        meaning given that term in section 411h(b) of title 37, United 
        States Code.
            (3) Medical hold or medical holdover status.--The term 
        ``medical hold or medical holdover status'' means--
                    (A) the status of a member of the Armed Forces, 
                including a member of the National Guard or Reserve, 
                assigned or attached to a military hospital for medical 
                care; and
                    (B) the status of a member of a reserve component 
                of the Armed Forces who is separated, whether pre-
                deployment or post-deployment, from the member's unit 
                while in need of health care based on a medical 
                condition identified while the member is on active duty 
                in the Armed Forces.
            (4) Serious injury or illness.--The term ``serious injury 
        or illness'', in the case of a member of the Armed Forces, 
        means an injury or illness incurred by the member in line of 
        duty on active duty in the Armed Forces that may render the 
        member medically unfit to perform the duties of the member's 
        office, grade, rank, or rating.
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