[Congressional Record Volume 164, Number 83 (Monday, May 21, 2018)]
[House]
[Pages H4247-H4248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                     VA BILLING ACCOUNTABILITY ACT

  Mr. DUNN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1972) to amend title 38, United States Code, to authorize the 
Secretary of Veterans Affairs to waive the requirement of certain 
veterans to make copayments for hospital care and medical services in 
the case of an error by the Department of Veterans Affairs, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1972

       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 Billing Accountability 
     Act''.

     SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE 
                   REQUIREMENT OF CERTAIN VETERANS TO MAKE 
                   COPAYMENTS FOR CARE AND SERVICES IN THE CASE OF 
                   DEPARTMENT OF VETERANS AFFAIRS ERROR.

       (a) Hospital Care, Nursing Home Care, and Medical 
     Services.--Section 1710(f)(3) of title 38, United States 
     Code, is amended by adding at the end the following new 
     subparagraph:
       ``(G) The Secretary may waive the requirement of a veteran 
     to make a payment under this subsection or subsection (g) 
     if--
       ``(i) an error committed by the Department or an employee 
     of the Department was the cause of delaying notification sent 
     to the veteran of the requirement to make the payment; and
       ``(ii) the veteran received such notification later than 
     180 days after the date on which the veteran received the 
     care or services for which the payment was required.''.
       (b) Medications.--Section 1722A of such title is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The Secretary may waive the requirement of a veteran 
     to make a payment under this section if--
       ``(1) an error committed by the Department or an employee 
     of the Department was the cause of delaying notification sent 
     to the veteran of the requirement to make the payment; and
       ``(2) the veteran received such notification later than 180 
     days after the date on which the veteran received the 
     medication for which the payment was required.''.
       (c) Billing Procedures.--
       (1) In general.--Subchapter I of chapter 17 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 1709C. Procedures for copayments

       ``(a) Care at Department Facility.--(1) In requiring a 
     veteran to make a payment for care or services provided at a 
     medical facility of the Department pursuant to this chapter, 
     including sections 1710 and 1722A, the Secretary shall 
     provide to such veteran a notification of such required 
     payment by not later than 180 days after the date on which 
     the veteran receives the care or services for which payment 
     is required.
       ``(2) If the Secretary does not provide to a veteran a 
     notification of the required payment by the date required 
     under paragraph (1), the Secretary may not collect such 
     payment, including through a third-party entity, unless the 
     Secretary provides the veteran the following:
       ``(A) Information regarding how to apply for a waiver 
     described in section 1710(f)(3)(G) or section 1722A(c) of 
     this title, as appropriate.
       ``(B) Information regarding how to establish a payment plan 
     with the Secretary.
       ``(C) Opportunity to make such a waiver or establish such a 
     payment plan.
       ``(b) Care at Non-Department Facility.--(1) In requiring a 
     veteran to make a payment for care or services provided at a 
     non-Department facility pursuant to this chapter or other 
     provision of law, the Secretary shall provide to such veteran 
     a notification of such required payment by not later than 18 
     months after the date on which the veteran receives the care 
     or services for which payment is required.
       ``(2) If the Secretary does not provide to a veteran a 
     notification of the required payment by the date required 
     under paragraph (1), the Secretary may not collect such 
     payment, including through a third-party entity, unless the 
     Secretary provides the veteran the following:
       ``(A) Information regarding how to apply for a waiver 
     described in paragraph (3).
       ``(B) Information regarding how to establish a payment plan 
     with the Secretary.
       ``(C) Opportunity to make such a waiver or establish such a 
     payment plan.
       ``(3) The Secretary may waive the requirement of a veteran 
     to make a payment for care or services provided at a non-
     Department facility pursuant to this chapter or other 
     provision of law if--
       ``(A) an error committed by the Department, an employee of 
     the Department, or a non-Department facility was the cause of 
     delaying the notification sent to the veteran of the 
     requirement to make the payment; and
       ``(B) the veteran received such notification after the 
     period described in paragraph (1).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1709B the following new item:

``1709C. Procedures for copayments.''.
       (d) Improvement of Procedures.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) review the copayment billing internal controls and 
     notification procedures of the Department of Veterans 
     Affairs; and
       (2) improve such controls and procedures, including 
     pursuant to the amendments made by this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Dunn) and the gentleman from Minnesota (Mr. Walz) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. DUNN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material into the Record on H.R. 1972, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. DUNN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1972, as amended, the VA 
Billing Accountability Act.
  This bill would authorize the Department of Veterans Affairs to waive 
copayment requirements if veterans are not notified of their need to 
pay a copayment for a given service in a timely manner.
  VA's untimely processing of claims is well-documented. The negative 
impact those challenges have on recruiting and retaining community 
providers is also well-documented. However, those challenges also have 
a negative impact on our veterans.
  Three years ago this June, the VA Medical Center in Minneapolis, 
Minnesota, initiated a review of past processes on veteran inpatient 
copayment charges for the years 2011 to 2015. Following that review, 
thousands of veterans in Minnesota and Wisconsin were charged 
copayments for services that they had received as much as 4 years 
earlier.
  Receiving a large bill out of the blue for care that was received, in 
some cases years ago, understandably caused great concern and upset 
among veterans. The VA Billing Accountability Act would prevent that.
  The VA MISSION Act that the House passed last week included several 
provisions that would make it easier for the VA to process and pay 
claims accurately and on time. This bill would protect veterans by 
setting specific notification procedures that the VA must abide by when 
a veteran is going to be charged a copayment for a VA service and by 
authorizing the VA to waive a copayment if an error committed by the VA 
caused a delayed notification.
  I am grateful to my colleague from Pennsylvania, Representative Lloyd 
Smucker, for introducing this bill. Mr. Speaker, I urge my colleagues 
to join me in supporting it, and I reserve the balance of my time.
  Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I, too, rise in support of H.R. 1972, but I would once 
again like to note we are here again with the most productive committee 
in the United States Congress, the most bipartisan committee, the most 
open, and it is fitting, going into Memorial Day, that the question of 
the shared commitment to this Nation's veterans is never in question. 
So I am grateful.
  I would also like to extend thanks to the gentleman from Minnesota 
(Mr. Emmer), for his work on this piece of legislation, bringing it to 
light and continuing to carry this until we got it to the floor.
  This committee has heard from veterans across the country that have 
experienced harassment from debt collectors or experienced adverse 
credit reporting through no fault of their own.
  The bill simply requires VA to waive any of those copayments due by a 
veteran when VA makes an error that causes significant delay in 
notification of the copayment. It is a very simple solution to a 
problem that can significantly impact nearly every aspect of a 
veterans' life. This can add unnecessary stress for veterans when they 
are trying to pay their medical expenses and make ends meet. Veterans 
shouldn't be hung out to dry when the VA is at fault. This legislation 
would mitigate the harm a delayed copayment notification could create 
for a veteran.
  Mr. Speaker, I am grateful for this bill being brought up today by 
the gentleman, and I reserve the balance of my time.

[[Page H4248]]

  

  Mr. DUNN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Smucker), my friend and classmate. He is also the 
gentleman who introduced this bill.
  Mr. SMUCKER. Mr. Speaker, I thank the gentleman for his tireless work 
on behalf of our veterans to improve their lives and the lives of their 
families.
  I rise today in support of my bipartisan legislation to relieve 
veterans of financial burdens caused by delays at the Department of 
Veterans Affairs.
  Over the past decade, Federal oversight of the VA has uncovered cases 
where the VA delivered delayed or inaccurate bills to our Nation's 
veterans, causing financial stress and debt for military families--some 
bills going back as far as 5 years. In fact, last August, the VA 
Inspector General published a report that said the VA issued 1.7 
million improper bills to veterans in 2015.
  What exactly does that mean?
  It means that the VA collected nearly $14 million from improper bills 
sent to veterans for their service-related care. That is simply 
unacceptable. Our servicemen and -women should not have to pay for 
errors or delays caused by the VA. Many veterans live on fixed incomes 
and may not have the resources to cover unexpected costs caused by 
mistakes of Washington bureaucrats.
  That is why I introduced the VA Billing Accountability Act with my 
colleagues from Minnesota, Mr. Emmer and Mr. Peterson.
  My district is home to more than 38,000 veterans. Each one of them, 
and all those across the country, deserve the highest quality medical 
care and assurances that they will be billed in a timely and 
appropriate manner.
  This bipartisan legislation gives the VA the authority to waive a 
veteran's copayment if the veteran received a bill more than 180 days 
after they received their care at the VA or 18 months after they 
received care at a non-VA facility.
  This bill is supported by AMVETS, Disabled American Veterans, 
Paralyzed Veterans of American, American Legion, Veterans of Foreign 
War, and the Association of the United States Navy.
  Our Nation's veterans and their families have sacrificed so much in 
defense of our Nation. We should be doing all that we can to make their 
transition to civilian life as easy as possible, and that starts with 
making sure the VA not only delivers high-quality care, but also issues 
timely bills that our veterans and their families can count on. 
Ultimately, this bill will help bring more stability and financial 
security to their post-military lives.
  I am proud to have introduced this legislation on behalf of the 
veterans and military families that I represent, and I look forward to 
continuing to work with my colleagues on both sides of the aisle to get 
it signed into law.
  Mr. WALZ. Mr. Speaker, I reserve the balance of my time.
  Mr. DUNN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Emmer), who has been working very hard on this bill.
  Mr. EMMER. Mr. Speaker, I want to thank the ranking member for his 
leadership, as well. There seems to be a lot of Minnesotans very 
concerned about this issue.
  I rise today in support of H.R. 1972, the VA Billing Accountability 
Act, authored by my colleague from Pennsylvania, Representative Lloyd 
Smucker. I am proud to cosponsor this important legislation.
  During my time in Congress, I have been privileged to meet with many 
of our Nation's veterans. Far too often, our Nation's heroes do not get 
the treatment and care they deserve.
  During my early days in Congress, nearly 1,500 instances of the 
delayed payment of veterans' medical bills were uncovered at a local VA 
in my home State of Minnesota. Without notification or explanation, 
veterans were seeing their monthly statement increase by hundreds of 
dollars, understandably causing panic and worry.
  After Congress got involved, the VA helped our veterans by outlining 
explanations for the charges, repayment options, and above all, 
offering them reassurance and relief from the stress and anxiety they 
were experiencing. This story is one of the many illustrating the need 
for the VA Billing Accountability Act.
  This issue is not unique to Minnesota. In 2015, 1.7 million improper 
bills were issued by the VA, leading to $13.9 erroneously collected 
from our Nation's heroes.
  Veterans and their loved ones have sacrificed so much in defense of 
our Nation. Unacceptable delays in payment and billing errors intensify 
the care disparity veterans already face. The VA must be held 
accountable, and H.R. 1972 is the first step in creating a more 
transparent Veterans Administration.
  Specifically, the bill will authorize the VA to waive payment for 
delayed bills that veterans receive due to VA error.
  Minnesota is home to 337,362 veterans, each of whom deserves quality 
care without the stress and anxiety caused by unexpected or incorrect 
billings. Our Nation's servicemembers should not have to pay for errors 
or delays caused by the Department of Veterans Affairs.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. DUNN. Mr. Speaker, I yield the gentleman an additional 1 minute.
  Mr. EMMER. Mr. Speaker, again, I want to thank Representative Smucker 
for his leadership on this issue; as well as Chairman Roe; my 
colleague, the ranking member from Minnesota's Seventh District, and 
the entire staff of the Veterans' Affairs Committee for their hard work 
on this bill.
  Mr. Speaker, I urge all my colleagues to support H.R. 1972.
  Mr. WALZ. Mr. Speaker, again, I too, would like to thank the 
gentleman from Pennsylvania, Representative Smucker, and Representative 
Emmer for their tireless work for care of veterans not just in 
Minnesota, but across the country. I also thank the gentleman from 
Florida.
  Mr. Speaker, I ask my colleagues to please join me in passing H.R. 
1972, and I yield back the balance of my time.
  Mr. DUNN. Mr. Speaker, I would like to thank Ranking Member Walz. I 
once again encourage all Members to support H.R. 1972, as amended, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Dunn) that the House suspend the rules and 
pass the bill, H.R. 1972, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________