[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 404 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 404

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2009

 Mr. Akaka (for himself and Mr. Burris) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 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. SHORT TITLE.

    This Act may be cited as the ``Veterans' Emergency Care Fairness 
Act of 2009''.

SEC. 2. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSEMENT BY SECRETARY 
              OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNISHED IN 
              A NON-DEPARTMENT FACILITY.

    (a) Expansion of Eligibility.--Subsection (b)(3)(C) of section 1725 
of title 38, United States Code, is amended by striking ``, in whole or 
in part,''.
    (b) Limitations on Reimbursement.--Such section 1725 is further 
amended--
            (1) in subsection (c), 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, 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.''; and
            (2) in subsection (f)(3)--
                    (A) in subparagraph (A), by inserting before the 
                period at the end the following: ``, including the 
                Secretary of Health and Human Services with respect to 
                the Medicare program under title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.) and the Medicaid 
                program under title XIX of such Act (42 U.S.C. 1396 et 
                seq.)''; and
                    (B) in subparagraph (B), by inserting before the 
                period at the end the following: ``, including a State 
                Medicaid agency with respect to payments made under a 
                State plan for medical assistance approved under title 
                XIX of such Act (42 U.S.C. 1396 et seq.)''.
    (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 before effective date.--The 
        Secretary may provide reimbursement under section 1725 of title 
        38, United States Code, as amended by subsection (a) and (b) 
        for emergency treatment furnished 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.
                                 <all>