[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 318 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 318

  To authorize the Secretary of Veterans Affairs to furnish medically 
    necessary transportation for newborn children of certain women 
                               veterans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2019

  Mrs. Murray introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Veterans Affairs to furnish medically 
    necessary transportation for newborn children of certain women 
                               veterans.

    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, including a health care facility, 
        if the veteran delivers the child before arriving at 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, from, or between care settings to meet the needs of 
a newborn child includes costs for either or both the newborn child and 
parents.
    ``(2) Transportation furnished under subsection (a) includes 
transportation by ambulance, including air ambulance, or other 
appropriate medically staffed 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 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) Amounts paid by the Department for transportation under this 
section shall be derived from the Medical Services appropriations 
account of the Department.
    ``(d) Reimbursement or Payment for Health Care Services or 
Transportation.--(1) Pursuant to regulations the Secretary shall 
prescribe to establish rates of reimbursement and any limitations 
thereto under this section, the Secretary shall directly reimburse a 
covered entity for health care services or transportation services 
provided under this section, unless the cost of the services or 
transportation is covered by an established agreement or contract. If 
such an agreement or contract exists, its negotiated payment terms 
shall apply.
    ``(2)(A) Reimbursement or payment by the Secretary under this 
section on behalf of an individual 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 individual for the health 
care services or transportation covered by such payment.
    ``(B) 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 subparagraph (A).
    ``(3) In this subsection, the term `covered entity' means any 
individual, transportation carrier, organization, or other entity that 
furnished or paid for health care services or transportation under this 
section.
    ``(e) Exception.--Pursuant to such regulations as the Secretary 
shall prescribe to carry out this section, the Secretary may furnish 
more than seven days of health care services described in subsection 
(b), and transportation necessary to receive such services, to a 
newborn child based on medical necessity if the child is in need of 
additional care, including a case in which the newborn child has been 
discharged or released from a hospital and requires readmittance to 
ensure the health and welfare of the newborn child.''.
    (b) Treatment of Certain Debts Already Incurred.--Pursuant to such 
regulations as the Secretary of Veterans Affairs shall prescribe, the 
Secretary 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.
                                 <all>