[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2142 Reported in Senate (RS)]






                                                       Calendar No. 579
110th CONGRESS
  2d Session
                                S. 2142

                          [Report No. 110-263]

  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 SENATE OF THE UNITED STATES

                            October 4, 2007

   Mr. Brown introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                            February 25, 2008

                 Reported by Mr. Akaka, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 <DELETED>2007</DELETED> 2008''.

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 and such facility is 
                        capable of accepting such transfer; or
                            ``(ii) such time as a Department facility 
                        or other Federal facility <DELETED>agrees to 
                        accept</DELETED>  accepts such transfer if--
                                    ``(I) at the time 
                                <DELETED>described in clause (i)</DELETED> 
                                 the veteran could have been 
                                transferred safely to a Department 
                                facility or other Federal facility, no 
                                Department facility or other Federal 
                                facility <DELETED>agrees</DELETED>  
                                agreed to accept such transfer; and
                                    ``(II) the non-Department facility 
                                in which such medical care or services 
                                <DELETED>is</DELETED> was furnished 
                                <DELETED>makes</DELETED>  made and 
                                <DELETED>documents</DELETED>  
                                documented 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 
<DELETED>shall prescribe</DELETED>  prescribes, reimburse veterans 
<DELETED>entitled to</DELETED>  eligible for hospital care or medical 
services under this chapter for the <DELETED>reasonable value</DELETED> 
customary and usual charges 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 <DELETED>in</DELETED>  if 
        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.''.
                                                       Calendar No. 579

110th CONGRESS

  2d Session

                                S. 2142

                          [Report No. 110-263]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 25, 2008

                        Reported with amendments