111 HR 1075 IH: RECOVER Act (Restoring Essential Care for Our Veterans for Effective Recovery) U.S. House of Representatives 2009-02-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 111th CONGRESS 1st Session H. R. 1075 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.

1.

Short title

This Act may be cited as the RECOVER Act (Restoring Essential Care for Our Veterans for Effective Recovery).

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). .