[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3888 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3888

To ensure that veterans receive timely and effective health care under 
the Veterans Community Care Program and Veterans Care Agreements during 
            the COVID-19 emergency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2020

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

_______________________________________________________________________

                                 A BILL


 
To ensure that veterans receive timely and effective health care under 
the Veterans Community Care Program and Veterans Care Agreements during 
            the COVID-19 emergency, 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. COMMUNITY CARE FOR VETERANS DURING COVID-19 EMERGENCY.

    (a) Veterans Community Care Program and Veterans Care Agreements.--
            (1) Eligibility for covid-19 care.--During the period of a 
        covered public health emergency, the Secretary of Veterans 
        Affairs shall furnish COVID-19 care, regardless of whether such 
        care is for a service-connected disability--
                    (A) under section 1703 of title 38, United States 
                Code, to any veteran described in subsection (b) of 
                such section; and
                    (B) under section 1703A of such title, to any 
                individual described in subsection (l) of such section.
            (2) Preauthorization for certain services not required.--
                    (A) In general.--During the period of a covered 
                public health emergency, in carrying out section 
                1703(a)(3) of title 38, United States Code, the 
                Secretary of Veterans Affairs shall treat medical care 
                and services described in subparagraph (B) as being 
                authorized by the Secretary under such section, 
                regardless of whether the Secretary is notified of such 
                care by any deadline otherwise required by the 
                Secretary for purposes of such section.
                    (B) Medical care and services described.--The 
                medical care and services described in this 
                subparagraph are the following:
                            (i) COVID-19 care.
                            (ii) Emergency medical care and services.
    (b) Emergency Treatment.--
            (1) Rule.--During the period of a covered public health 
        emergency, the Secretary of Veterans Affairs shall administer 
        claims for payments relating to emergency COVID-19 care as 
        follows:
                    (A) If the community care provider that furnished 
                the care is an eligible provider under section 1703 of 
                title 38, United States Code, the Secretary shall 
                administer the claim pursuant to that section.
                    (B) If the community care provider has entered into 
                a Veterans Care Agreement under section 1703A of such 
                title, the Secretary shall administer the claim 
                pursuant to that section.
                    (C) If the community care provider is not described 
                in subparagraph (A) or (B), the Secretary shall 
                administer the claim pursuant to section 1725 or 1728 
                of such title, as the case may be.
            (2) Scope of treatment.--During the period of a covered 
        public health emergency, emergency COVID-19 care furnished to 
        veterans shall be deemed to be emergency treatment for purposes 
        of sections 1725 and 1728 of title 38, United States Code, 
        regardless of whether--
                    (A) such care meets the requirements of 
                subparagraphs (A) and (B) of subsection (f)(1) of such 
                section 1725; or
                    (B) such care is furnished after the veteran can be 
                transferred, or is accepted for a transfer, to a 
                facility of the Department of Veterans Affairs or other 
                Federal facility as described in clauses (i) and (ii) 
                of subparagraph (C) of such subsection.
            (3) Enrollment requirements.--During the period of a 
        covered public health emergency, in carrying out section 1725 
        of title 38, United States Code, the Secretary shall determine 
        whether a veteran who receives emergency COVID-19 care is an 
        active Department health care participant under subsection (b) 
        of such section without regard to whether the veteran meets the 
        requirement in paragraph (2)(B) of such subsection.
            (4) Submission of claims.--During the period of a covered 
        public health emergency, subsection (b) of section 1703D of 
        title 38, United States Code, shall apply with respect to 
        community care providers furnishing emergency COVID-19 care to 
        veterans pursuant to sections 1725 and 1728 of title 38, United 
        States Code.
    (c) Primary Payer.--
            (1) In general.--During the period of a covered public 
        health emergency, notwithstanding section 1725 of title 38, 
        United States Code, or any other provision of law, the 
        Secretary of Veterans Affairs shall be the primary payer with 
        respect to COVID-19 care furnished to veterans, including with 
        respect to the transportation of a veteran by ambulance.
            (2) Reimbursement.--The Secretary may seek reimbursement 
        from any third party that would otherwise be liable for COVID-
        19 care furnished to a veteran or obligated to provide or to 
        pay the expenses of such care, including pursuant to a health-
        plan contract.
    (d) Application.--This section shall apply to medical care or 
services furnished during the period of a covered public health 
emergency, regardless of whether such care or services were furnished 
before the date of the enactment of this Act.
    (e) Definitions.--In this section:
            (1) The term ``community care provider'' has the meaning 
        given the term ``health care entity or provider'' in section 
        1703D(i) of title 38, United States Code.
            (2) The term ``covered public health emergency'' means the 
        declaration--
                    (A) of a public health emergency, based on an 
                outbreak of COVID-19, by the Secretary of Health and 
                Human Services under section 319 of the Public Health 
                Service Act (42 U.S.C. 247d); or
                    (B) of a domestic emergency, based on an outbreak 
                of COVID-19, by the President, the Secretary of 
                Homeland Security, or a State or local authority.
            (3) The term ``COVID-19 care'' means medical care or 
        services furnished to a veteran by a community care provider 
        pursuant to chapter 17 of title 38, United States Code, or any 
        other law administered by the Secretary of Veterans Affairs, 
        for the diagnosis or treatment of COVID-19.
            (4) The term ``health-plan contract'' and ``third party'' 
        have the meanings given those terms in section 1725 of title 
        38, United States Code.
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