[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2131 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2131

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to furnish medically necessary transportation for 
  newborn children of certain women veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2017

Mrs. Murray (for herself and Mr. Tester) 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 authorize the Secretary of 
  Veterans Affairs to furnish medically necessary transportation for 
  newborn children of certain women veterans, 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 ``VA Newborn Emergency Treatment 
Act''.

SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO FURNISH 
              MEDICALLY NECESSARY TRANSPORTATION FOR NEWBORN CHILDREN 
              OF CERTAIN WOMEN VETERANS.

    (a) In General.--Section 1786 of title 38, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the matter before paragraph (1)--
                            (i) by inserting ``and transportation 
                        necessary to receive such services'' after 
                        ``described in subsection (b)''; and
                            (ii) by inserting ``, except as provided in 
                        subsection (e),'' after ``seven days'';
                    (B) in paragraph (1), by striking ``or'';
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) another location if the veteran is unable to deliver 
        the child in a facility described in paragraph (1) or (2).'';
            (2) in subsection (b), by inserting before the period at 
        the end the following ``, including necessary health care 
        services provided by a facility other than the facility where 
        the newborn child was delivered (including a specialty 
        pediatric hospital) that accepts transfer of the newborn child 
        and responsibility for treatment of the newborn child''; and
            (3) by adding at the end the following new subsections:
    ``(c) Transportation.--(1) Transportation furnished under 
subsection (a) to, or between, care settings to meet the needs of a 
newborn child includes costs for either or both the child and parents.
    ``(2) Transportation furnished under subsection (a) includes 
transportation by ambulance, including air ambulance, or other 
appropriate modes of transportation--
            ``(A) to another health care facility (including a 
        specialty pediatric hospital) that accepts transfer of the 
        newborn child or otherwise provides post-delivery care services 
        when the original treating facility is not capable of 
        furnishing the care or services required; or
            ``(B) to a health care facility in a medical emergency of 
        such nature that a prudent layperson reasonably expects that 
        delay in seeking immediate medical attention would be hazardous 
        to life or health.
    ``(3) The Secretary shall directly reimburse a provider of 
ambulance or air ambulance services for transportation services 
provided under this section.
    ``(4) Amounts paid by the Department for transportation under this 
section shall be derived from the Medical Services appropriations 
account of the Department.
    ``(d) Payment for Treatment or Transportation.--(1) Payment by the 
Secretary under this section on behalf of a veteran to a covered entity 
shall, unless rejected and refunded by the covered entity within 30 
days of receipt, extinguish any liability on the part of the veteran 
for that treatment or transportation.
    ``(2) Neither the absence of a contract or agreement between the 
Secretary and a covered entity nor any provision of a contract, 
agreement, or assignment to the contrary shall operate to modify, 
limit, or negate the requirements of paragraph (1).
    ``(3) In this subsection, the term `covered entity' means any 
individual, transportation carrier, organization, or other entity that 
furnished or paid for health care or transportation services under this 
section.
    ``(e) Exception.--The Secretary may furnish more than seven days of 
health care services described in subsection (b) to a newborn child 
based on medical necessity if the child is in need of additional 
care.''.
    (b) Treatment of Certain Debts Already Incurred.--The Secretary of 
Veterans Affairs may waive a debt for or reimburse a veteran billed for 
the cost of transportation that was furnished in order for a newborn 
child to receive health care services under section 1786 of title 38, 
United States Code, before the date of the enactment of this Act.
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