I 112th CONGRESS 2d Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES March 22, 2012 Mr. DeFazio introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to reimburse eligible veterans who are entitled to Medicare benefits for Medicare deductibles and other expenses that are owed by the veterans for emergency medical treatment provided in non-Department of Veterans Affairs facilities.

1.

Short title

This Act may be cited as the Veterans Co-Pay Fairness Act.

2.

Reimbursement by the Secretary of Veterans Affairs of Medicare deductibles and other expenses owed by eligible veterans for emergency medical treatment provided in non-Department of Veterans Affairs facilities

(a)

In general

Section 1725(c)(4)(D) is amended— (1)by striking The Secretary and inserting (i) Except as provided in clause (ii), the Secretary; and (2)by adding at the end the following new clause: (ii)In the case of a veteran who is entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, the Secretary shall reimburse such veteran under this section, with respect to items and services furnished to such veteran as part of emergency treatment, for— (I)the amount by which— (aa)the amount otherwise payable under such part A for such items and services, is reduced by (bb)the deductible under section 1813 of such Act or by any copayment or coinsurance applied under such part with respect to such items and services; and (II)the amount by which— (aa)the total amount of expenses incurred by the veteran during the year involved which would constitute expenses for which benefits payable under section 1833(a) of such Act are determinable, is reduced by (bb)the deductible under section 1833(b) of such Act or by any copayment or coinsurance applied under part B of such title with respect to such items and services. . (b)

Effective date

The amendments made by subsection (a) shall apply with respect to emergency medical treatment furnished on or after the date of the enactment of this Act.