II Calendar No. 579 110th CONGRESS 2d Session S. 2142 [Report No. 110–263] 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.

1.

Short title

This Act may be cited as the Veterans Emergency Care Fairness Act of 2007 2008.

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 agrees to accept accepts such transfer if— (I)at the time described in clause (i) the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agrees agreed to accept such transfer; and (II)the non-Department facility in which such medical care or services iswas furnished makes made and documents 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 shall prescribe prescribes, reimburse veterans entitled to eligible for hospital care or medical services under this chapter for the reasonable valuecustomary and usualcharges 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 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. .

February 25, 2008 Reported with amendments