[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1075 Introduced in House (IH)]

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111th CONGRESS
  1st Session
                                H. R. 1075

  To amend title 38, United States Code, to expand access to hospital 
   care for veterans in major disaster areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2009

Mr. Scalise (for himself, Mr. Alexander, Mr. Boustany, Mr. Cassidy, Ms. 
Jackson-Lee of Texas, Mr. Brady of Pennsylvania, Mr. Olson, Mr. Duncan, 
and Mr. Rodriguez) introduced the following bill; which was referred to 
                   the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to expand access to hospital 
   care for veterans in major disaster areas, 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 ``RECOVER Act (Restoring Essential 
Care for Our Veterans for Effective Recovery)''.

SEC. 2. PROVISION OF IN-PATIENT CARE TO VETERANS IN MAJOR DISASTER 
              AREAS.

    Section 1703 of title 38, United States Code, is amended--
            (1) in subsection (a), by striking ``When Department 
        facilities'' and inserting ``Subject to subsection (e), when 
        Department facilities''; and
            (2) by adding at the end the following:
    ``(e)(1) If the Department medical facility that would otherwise 
provide covered medical services to veterans residing in an area for 
which a major disaster is declared is unable to provide such services 
for a period of at least 180 days by reason of the major disaster, the 
Secretary shall seek to enter into a contract with one or more non-
Department facilities located in the area to provide such services to 
veterans who reside within 150 miles of the medical facility that is 
unable to provide such services.
    ``(2) Under a contract entered into under paragraph (1), the non-
Department facility shall provide covered medical services--
            ``(A) that would normally be provided by the Department 
        medical facility that is unable to provide such services by 
        reason of the major disaster; and
            ``(B) for which the veteran seeking such services is 
        eligible under section 1710 of this title.
    ``(3) Paragraph (1) shall not apply in the case of a Department 
medical facility that is closed or that the Secretary intends to close 
as part of the Capital Asset Realignment for Enhanced Services (CARES) 
process.
    ``(4) The Secretary shall ensure that a contract under paragraph 
(1) provides for payment by the Secretary to the non-Department 
facility. Such payment shall be--
            ``(A) for covered medical services provided to a veteran by 
        the non-Department facility before the date on which the 
        Department medical facility referred to in paragraph (1) is 
        able to provide such services; and
            ``(B) limited to payment for such services for which the 
        veteran is eligible under section 1710 of this title.
    ``(5) Nothing in this subsection shall affect the eligibility of 
any veteran to receive hospital care or medical services at any 
Department medical facility.
    ``(6) This subsection shall apply with respect to any Department 
medical facility that is unable to provide covered medical services on 
or after August 29, 2005, by reason of a major disaster.
    ``(7) For the purposes of this subsection--
            ``(A) the term `covered medical services' means--
                    ``(i) non-emergency hospital care services; and
                    ``(ii) inpatient medical services;
            ``(B) the term `inpatient medical services' means medical 
        services provided to an inpatient of a hospital; and
            ``(C) the term `major disaster' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).''.
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