[Congressional Record Volume 164, Number 102 (Tuesday, June 19, 2018)]
[Senate]
[Pages S4041-S4042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2927. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
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''.
(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.
[[Page S4042]]
``(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. Where such an
agreement or contract already 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.
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