[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Enrolled Bill (ENR)]

        H.R.1377

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
To amend title 38, United States Code, to expand veteran eligibility for 
    reimbursement by the Secretary of Veterans Affairs for emergency 
    treatment furnished in a non-Department facility, 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. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSEMENT BY 
SECRETARY OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNISHED IN A 
NON-DEPARTMENT FACILITY.
    (a) Expansion of Eligibility.--Section 1725 of title 38, United 
States Code, is amended--
        (1) in subsection (b)(3)(C), by striking ``or in part''; and
        (2) in subsection (f)(2), by striking subparagraph (E).
    (b) Limitations on Reimbursement.--Subsection (c) of such section 
is amended by adding at the end the following new paragraph:
    ``(4)(A) If the veteran has contractual or legal recourse against a 
third party that would only, in part, extinguish the veteran's 
liability to the provider of the emergency treatment, and payment for 
the treatment may be made both under subsection (a) and by the third 
party, the amount payable for such treatment under such subsection 
shall be the amount by which the costs for the emergency treatment 
exceed the amount payable or paid by the third party, except that the 
amount payable may not exceed the maximum amount payable established 
under paragraph (1)(A).
    ``(B) In any case in which a third party is financially responsible 
for part of the veteran's emergency treatment expenses, the Secretary 
shall be the secondary payer.
    ``(C) A payment in the amount payable under subparagraph (A) shall 
be considered payment in full and shall extinguish the veteran's 
liability to the provider.
    ``(D) The Secretary may not reimburse a veteran under this section 
for any copayment or similar payment that the veteran owes the third 
party or for which the veteran is responsible under a health-plan 
contract.''.
    (c) Effective Date.--
        (1) In general.--The amendments made by subsections (a) and (b) 
    shall take effect on the date of the enactment of this Act, and 
    shall apply with respect to emergency treatment furnished on or 
    after the date of the enactment of this Act.
        (2) Reimbursement for treatment provided before effective 
    date.--The Secretary may provide reimbursement under section 1725 
    of title 38, United States Code, as amended by subsections (a) and 
    (b), for emergency treatment furnished to a veteran before the date 
    of the enactment of this Act, if the Secretary determines that, 
    under the circumstances applicable with respect to the veteran, it 
    is appropriate to do so.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.