[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[Extensions of Remarks]
[Page E1131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE VETERANS EMERGENCY TREATMENT ACT

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                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                         Monday, July 27, 2015

  Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce my legislation, 
the Veterans Emergency Treatment Act. This important and necessary 
legislation would ensure that every enrolled veteran is afforded the 
highest level of emergency care at every emergency-capable medical 
facility under the jurisdiction of the Department of Veterans' Affairs 
(VA). It would accomplish this by applying the statutory requirements 
of the Emergency Treatment and Labor Act (EMTALA) to emergency care 
furnished by the VA to enrolled veterans.
  EMTALA, designed to prevent hospitals from transferring, or 
``dumping,'' uninsured patients at public hospitals requires 1) a 
hospital to conduct a medical examination to determine if an emergency 
medical condition exists; 2) if such condition exists, the hospital 
must either stabilize the patient or comply with the statutory 
requirements of a proper transfer; and 3) if an emergency medical 
condition exists and has not been stabilized, the hospital may not 
transfer the patient unless the patient, after being made aware of the 
risks, makes a transfer request in writing or a physician certifies 
that the medical benefits of a transfer outweigh the risks.
  EMTALA grants every individual a right to emergency care. While a 
2007 Veterans Health Administration (VHA) directive indicates that the 
VA complies with the intent of the EMTALA requirements, VA hospitals 
are ``non- participating'' hospitals and are therefore not obligated to 
fulfill EMTALA requirements. It is has become abundantly clear that the 
VA is not fulfilling the EMTALA directive. All too frequently, the 
policy is to turn down those who try to access an emergency room. It 
happened to my constituent, 64-year-old Army veteran Donald Siefken, 
when the Seattle VA refused to assist him from his car into the 
emergency room. Last year in New Mexico, a veteran died when the VA 
refused to transport him the 500 yards to the emergency room. This is 
not a new issue. These incidents have been documented as far back as 
2006, yet the VA has yet to change their policy, and Congress must act.
  Put simply, my commonsense and straightforward legislation would 
ensure that every enrolled veteran who arrives at the emergency 
department of a VA medical facility and indicates an emergency 
condition exists, is assessed and treated in an effort to prevent 
further injury or death.
  I urge all members to join me in supporting this legislation. This is 
common sense legislation to ensure our veterans are treated fairly.

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