[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1261

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to pay the reasonable costs of urgent care provided to 
   certain veterans, to establish cost-sharing amounts for veterans 
   receiving care at an emergency room of the Department of Veterans 
                    Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2017

  Mr. Cassidy 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 require the Secretary of 
Veterans Affairs to pay the reasonable costs of urgent care provided to 
   certain veterans, to establish cost-sharing amounts for veterans 
   receiving care at an emergency room of the Department of Veterans 
                    Affairs, 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 Room Relief Act 
of 2017''.

SEC. 2. COVERAGE OF URGENT CARE AND EMERGENCY ROOM TREATMENT OF 
              VETERANS BY THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Payment of Reasonable Costs of Urgent Care.--
            (1) In general.--Subchapter III of chapter 17 of title 38, 
        United States Code, is amended by inserting after section 1725 
        the following new section:
``Sec. 1725A. Payment of reasonable costs of urgent care
    ``(a) In General.--The Secretary shall enter into contracts with 
urgent care providers under which the Secretary pays the urgent care 
provider the reasonable costs of urgent care provided to eligible 
veterans by the urgent care provider.
    ``(b) Eligible Veterans.--A veteran is an eligible veteran for 
purposes of this section if the veteran--
            ``(1) is enrolled in the system of annual patient 
        enrollment established and operated under section 1705(a) of 
        this title; and
            ``(2) has received health care under this chapter during 
        the two-year period preceding the date on which the veteran 
        receives urgent care under this section.
    ``(c) Cost Sharing.--(1) Except as provided in paragraph (2), the 
Secretary shall establish a cost-sharing amount that eligible veterans 
shall pay to the Secretary to receive urgent care from an urgent care 
provider under this section.
    ``(2) The cost-sharing amount established under paragraph (1) shall 
not apply to an eligible veteran--
            ``(A) if the eligible veteran is admitted to a hospital for 
        treatment or observation after receiving urgent care under this 
        section; or
            ``(B) if the eligible veteran is receiving urgent care 
        under this section for the treatment of a service-connected 
        disability or condition.
    ``(d) Treatment of Department.--Notwithstanding the coverage of an 
eligible veteran under a health-plan contract, the Secretary shall be 
considered the primary payer for any urgent care provided to the 
eligible veteran under this section.
    ``(e) Types of Providers.--The Secretary shall ensure that all 
types of urgent care providers, including local urgent care providers, 
have an opportunity to enter into a contract with the Secretary under 
this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `health-plan contract' has the meaning given 
        that term in section 1725(f) of this title.
            ``(2) The term `urgent care' has the meaning given that 
        term by the Secretary.
            ``(3) The term `urgent care provider' means a health care 
        provider that provides urgent care at a non-Department 
        facility.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of such title is amended by inserting 
        after the item relating to section 1725 the following new item:

``1725A. Payment of reasonable costs of urgent care.''.
            (3) Sense of congress.--It is the sense of Congress that 
        the Secretary of Veterans Affairs is encouraged to contract 
        with urgent care centers that are accredited by a nationally 
        recognized accrediting body or organization to carry out 
        section 1725A of title 38, United States Code, as added by 
        paragraph (1).
    (b) Establishment of Cost-Sharing Amount for Veterans Receiving 
Emergency Room Care From Department.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Veterans Affairs shall establish a cost-sharing 
        amount that veterans shall pay to the Secretary to receive care 
        at an emergency room of the Department of Veterans Affairs.
            (2) Exception.--The cost-sharing amount established under 
        paragraph (1) shall not apply to a veteran if the veteran--
                    (A) receives care for a service-connected (as 
                defined in section 101 of title 38, United States Code) 
                disability or condition;
                    (B) meets a hardship exception established by the 
                Secretary for purposes of this subsection; or
                    (C) is admitted to a hospital for treatment or 
                observation after receiving care at an emergency room 
                of the Department.
    (c) Limitation on Cost-Sharing Amounts.--The Secretary of Veterans 
Affairs may not require a veteran to pay multiple cost-sharing amounts 
if the veteran seeks urgent care under section 1725A of title 38, 
United States Code, as added by subsection (a)(1), and care at an 
emergency room of the Department of Veterans Affairs for the same 
condition during a period determined by the Secretary for purposes of 
this subsection.
    (d) Report on Use by Veterans of Urgent and Emergency Room Care.--
Not later than two years after the date of the enactment of this Act, 
and not less frequently than once every two years thereafter, the 
Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the use by veterans 
eligible for health care under the laws administered by the Secretary 
of--
            (1) urgent care facilities; and
            (2) emergency room facilities of the Department of Veterans 
        Affairs.
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