[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[Senate]
[Pages S2102-S2103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5026. Mr. MURPHY (for Mr. Rounds (for himself and Mr. Tester)) 
proposed an amendment to the bill S. 1875, to amend title 38, United 
States Code, to provide a deadline of 180 days for the filing of claims 
for payment for emergency treatment furnished to veterans, and for 
other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Emergency Care 
     Claims Parity Act''.

     SEC. 2. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS 
                   AFFAIRS FOR EMERGENCY TREATMENT FURNISHED TO 
                   VETERANS.

       (a) Treatment for Non-Service-Connected Disabilities.--
       (1) In general.--Section 1725 of title 38, United States 
     Code, is amended--
       (A) by redesignating subsection (f) as subsection (h); and
       (B) by inserting after subsection (e) the following new 
     subsections (f) and (g):
       ``(f) Submittal of Claims for Direct Payment.--An 
     individual or entity seeking payment under subsection (a)(2) 
     for treatment provided to a veteran in lieu of reimbursement 
     to the veteran shall submit a claim for such payment not 
     later than 180 days after the latest date on which such 
     treatment was provided.
       ``(g) Hold Harmless.--No veteran described in subsection 
     (b) may be held liable for payment for emergency treatment 
     described in such subsection if--
       ``(1) a claim for direct payment was submitted by an 
     individual or entity under subsection (f); and
       ``(2) such claim was submitted after the deadline 
     established by such subsection due to--
       ``(A) an administrative error made by the individual or 
     entity, such as submission of the claim to the wrong Federal 
     agency, under the wrong reimbursement authority (such as 
     section 1728 of this title), or submission of the claim after 
     the deadline; or
       ``(B) an administrative error made by the Department, such 
     as misplacement of a

[[Page S2103]]

     paper claim or deletion of an electronic claim.''.
       (b) Treatment for and in Connection With Service-Connected 
     Disabilities.--Section 1728 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) No veteran described in subsection (a) may be held 
     liable for payment for emergency treatment described in such 
     subsection if--
       ``(1) a claim for direct payment was submitted by an 
     individual or entity under subsection (b)(2); and
       ``(2) such claim was submitted after a deadline established 
     by the Secretary for purposes of this section due to--
       ``(A) an administrative error made by the individual or 
     entity, such as submission of the claim to the wrong Federal 
     agency or submission of the claim after the deadline; or
       ``(B) an administrative error made by the Department, such 
     as misplacement of a paper claim or deletion of an electronic 
     claim.''.
       (c) Conforming Amendments.--Such title is amended--
       (1) in section 1705A(d), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)'';
       (2) in section 1725(b)(3)(B), by striking ``subsection 
     (f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B) 
     or (h)(2)(C)'';
       (3) in section 1728(d), as redesignated by subsection 
     (b)(4), by striking ``section 1725(f)(1)'' and inserting 
     ``section 1725(h)(1)'';
       (4) in section 1781(a)(4), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)''; and
       (5) in section 1787(b)(3), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)''.

     SEC. 3. PUBLICATION OF CLARIFYING INFORMATION FOR NON-
                   DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     publish on one or more publicly available internet websites 
     of the Department of Veterans Affairs, including the main 
     internet website regarding emergency care authorization for 
     non-Department providers, the following information:
       (1) A summary table or similar resource that provides a 
     list of all authorities of the Department to authorize 
     emergency care from non-Department providers and, for each 
     such authority, the corresponding deadline for submission of 
     claims.
       (2) An illustrated summary of steps, such as a process map, 
     with a checklist for the submission of clean claims that non-
     Department providers can follow to assure compliance with the 
     claims-filing process of the Department.
       (3) Contact information for the appropriate office or 
     service line of the Department to address process questions 
     from non-Department providers.
       (b) Periodic Review.--Not less frequently than once every 
     180 days, the Secretary shall review the information 
     published under subsection (a) to ensure that such 
     information is current.
       (c) Clean Claims Defined.--In this section, the term 
     ``clean claims'' means clean electronic claims and clean 
     paper claims (as those terms are defined in section 1703D(i) 
     of title 38, United States Code).
                                 ______