[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3819 Reported in House (RH)]






                                                 Union Calendar No. 399
110th CONGRESS
  2d Session
                                H. R. 3819

                          [Report No. 110-638]

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to reimburse veterans receiving emergency treatment in 
non-Department of Veterans Affairs facilities for such treatment until 
 such veterans are transferred to Department facilities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2007

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

                              May 15, 2008

Additional sponsors: Mr. Honda, Mr. Altmire, Mr. Miller of Florida, Mr. 
 Ellison, Mr. Rodriguez, Mr. Ryan of Ohio, Mr. Peterson of Minnesota, 
  Mrs. Schmidt, Ms. Sutton, Mr. Carney, Mr. Donnelly, Mr. English of 
   Pennsylvania, Ms. Matsui, Mr. Moran of Kansas, Ms. Jackson-Lee of 
Texas, Mr. Pearce, Mr. Goode, Mrs. Gillibrand, Mr. Smith of Washington, 
 Mr. Boswell, Mr. Cohen, Mr. Frank of Massachusetts, Mrs. Napolitano, 
Mr. Gordon of Tennessee, Mr. Filner, Mr. Lipinski, Mr. Braley of Iowa, 
 Ms. Slaughter, Mr. Sestak, Mr. LoBiondo, Mr. Boucher, Mr. Inslee, Mr. 
Fortenberry, Mr. McIntyre, Ms. Foxx, Mr. Costello, Ms. Shea-Porter, Mr. 
 Mitchell, Mr. DeFazio, Mr. Shimkus, Mr. Ross, Mr. Watt, Mr. Buchanan, 
   Ms. McCollum of Minnesota, Ms. Berkley, Mr. Van Hollen, Ms. Ginny 
                 Brown-Waite of Florida, and Mr. Buyer

                              May 15, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to reimburse veterans receiving emergency treatment in 
non-Department of Veterans Affairs facilities for such treatment until 
 such veterans are transferred to Department facilities, and for other 
                               purposes.

    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 Emergency Care Fairness Act 
of 2007''.

SEC. 2. MANDATORY REIMBURSEMENT OF VETERANS RECEIVING EMERGENCY 
              TREATMENT IN NON-DEPARTMENT OF VETERANS AFFAIRS 
              FACILITIES UNTIL TRANSFER TO DEPARTMENT FACILITIES.

    (a) Certain Veterans Without Service-Connected Disability.--Section 
1725 of title 38, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``may reimburse'' and 
        inserting ``shall reimburse''; and
            (2) in subsection (f)(1), by striking subparagraph (C) and 
        inserting the following new subparagraph (C):
                    ``(C) until--
                            ``(i) such time as the veteran can be 
                        transferred safely to a Department facility or 
                        other Federal facility; or
                            ``(ii) such time as a Department facility 
                        or other Federal facility agrees to accept such 
                        transfer if--
                                    ``(I) at the time described in 
                                clause (i), no Department facility or 
                                other Federal facility agrees to accept 
                                such transfer; and
                                    ``(II) the non-Department facility 
                                in which such medical care or services 
                                is furnished makes and documents 
                                reasonable attempts to transfer the 
                                veteran to a Department facility or 
                                other Federal facility.''.
    (b) Certain Veterans With Service-Connected Disability.--Section 
1728 of such title is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) The Secretary shall, under such regulations as the Secretary 
shall prescribe, reimburse veterans entitled to hospital care or 
medical services under this chapter for the reasonable value of 
emergency treatment (including travel and incidental expenses under the 
terms and conditions set forth in section 111 of this title) for which 
such veterans have made payment, from sources other than the 
Department, where such emergency treatment was rendered to such 
veterans in need thereof for any of the following:
            ``(1) An adjudicated service-connected disability.
            ``(2) A non-service-connected disability associated with 
        and held to be aggravating a service-connected disability.
            ``(3) Any disability of a veteran in the veteran has a 
        total disability permanent in nature from a service-connected 
        disability.
            ``(4) Any illness, injury, or dental condition of a veteran 
        who--
                    ``(A) is a participant in a vocational 
                rehabilitation program (as defined in section 3101(9) 
                of this title); and
                    ``(B) is medically determined to have been in need 
                of care or treatment to make possible the veteran's 
                entrance into a course of training, or prevent 
                interruption of a course of training, or hasten the 
                return to a course of training which was interrupted 
                because of such illness, injury, or dental 
                condition.'';
            (2) in subsection (b), by striking ``care or services'' 
        both places it appears and inserting ``emergency treatment''; 
        and
            (3) by adding at the end the following new subsection:
    ``(c) In this section, the term `emergency treatment' has the 
meaning given such term in section 1725(f)(1) of this title.''.
                                                 Union Calendar No. 399

110th CONGRESS

  2d Session

                               H. R. 3819

                          [Report No. 110-638]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to reimburse veterans receiving emergency treatment in 
non-Department of Veterans Affairs facilities for such treatment until 
 such veterans are transferred to Department facilities, and for other 
                               purposes.

_______________________________________________________________________

                              May 15, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed