[Congressional Record Volume 156, Number 47 (Wednesday, March 24, 2010)]
[Senate]
[Page S2026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Baucus, Mr. Bayh, Mr. Begich, Mr. 
        Bennet, Mr. Bingaman, Mrs. Boxer, Mr. Brown, of Ohio, Mr. 
        Burris, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. 
        Casey, Mr. Conrad, Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mr. 
        Feingold, Mrs. Feinstein, Mr. Franken, Mrs. Gillibrand, Mrs. 
        Hagan, Mr. Harkin, Mr. Inouye, Mr. Johnson, Mr. Kaufman, Mr. 
        Kerry, Ms. Klobuchar, Mr. Kohl, Ms. Landrieu, Mr. Lautenberg, 
        Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mrs. 
        McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mrs. 
        Murray, Mr. Nelson of Florida, Mr. Nelson of Nebraska, Mr. 
        Pryor, Mr. Reed, Mr. Reid, Mr. Rockefeller, Mr. Sanders, Mr. 
        Schumer, Mrs. Shaheen, Mr. Specter, Ms. Stabenow, Mr. Tester, 
        Mr. Udall of Colorado, Mr. Udall of New Mexico, Mr. Warner, Mr. 
        Webb, Mr. Whitehouse, and Mr. Wyden):
  S. 3162. A bill to clarify the health care provided by the Secretary 
of Veterans Affairs that constitutes minimum essential coverage; to the 
Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, concerns have been raised to me about a technical 
error in the health care reform bill that was recently passed, the 
Patient Protection and Affordable Care Act, H.R. 3590. In drafting the 
PPACA, a provision was included which designates health care provided 
under VA's authority as meeting the minimum required health care 
coverage that an individual is required to maintain.
  However, due to the way this exemption was worded, this definition 
may exclude children with spina bifida, who are seriously disabled and 
to whom VA provides reimbursement for comprehensive health care. The 
underlying bill gave authority to the Secretary of Health and Human 
Services to designate other care, which could include the VA spina 
bifida program, as meeting the definition of minimum essential 
coverage. This bill would simply clarify what was originally intended.
  Chapter 18 of title 38 contains the Spina Bifida Health Care Program, 
which is a health benefit program administered by the Department of 
Veterans Affairs for Vietnam War and certain Korean War Veterans' birth 
children who have been diagnosed with spina bifida, except spina bifida 
occulta. The program provides reimbursement for medical services and 
supplies.
  The legislation I introduce today corrects this small error. 
Additionally, this legislation would clarify that recipients of CHAMPVA 
would also be considered as meeting the requirement for minimum 
essential coverage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3162

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF HEALTH CARE PROVIDED BY THE 
                   SECRETARY OF VETERANS AFFAIRS THAT CONSTITUTES 
                   MINIMUM ESSENTIAL COVERAGE.

       (a) In General.--Clause (v) of section 5000A(f)(1)(A) of 
     the Internal Revenue Code of 1986, as added by section 
     1501(b) of the Patient Protection and Affordable Care Act, is 
     amended to read as follows:
       ``(v) chapter 17 or 18 of title 38, United States Code, or 
     otherwise under the laws administered by the Secretary of 
     Veterans Affairs, of an individual entitled to coverage under 
     such chapter or laws for essential health benefits (as 
     defined by the Secretary for purposes of section 1302(b) of 
     the Patient Protection and Affordable Care Act) insofar as 
     such benefits are available under such chapter or laws; or''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 1501(b) of the 
     Patient Protection and Affordable Care Act and shall be 
     executed immediately after the amendments made by such 
     section 1501(b).

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