[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Page S5079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5705. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 728. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM 
                   CAUSED TO CIVILIANS FOR CARE PROVIDED AT 
                   MILITARY MEDICAL TREATMENT FACILITIES.

       (a) Clarification of Fee Waiver Process.--Subsection (b) of 
     section 1079b of title 10, United States Code, is amended to 
     read as follows:
       ``(b) Waiver of Fees.--Each commander (or director, as 
     applicable) of a military medical treatment facility shall 
     issue a waiver for a fee that would otherwise be charged 
     under the procedures implemented under subsection (a) to a 
     civilian provided medical care at the facility who is not a 
     covered beneficiary if the provision of such care enhances 
     the knowledge, skills, and abilities of health care 
     providers, as determined by the respective commander or 
     director.''.
       (b) Modified Payment Plan for Certain Civilians.--Such 
     section is further amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Modified Payment Plan for Certain Civilians.--(1)(A) 
     If a civilian specified in subsection (a) is covered by a 
     covered payer at the time care under this section is 
     provided, the civilian shall only be responsible to pay for 
     any services that are not covered by the covered payer or any 
     copays, coinsurance, deductibles, or nominal fees otherwise 
     owed by the civilian.
       ``(B)(i) The Secretary of Defense may bill only the covered 
     payer for care provided to a civilian described in 
     subparagraph (A).
       ``(ii) Payment received by the Secretary from the covered 
     payer of a civilian for care provided under this section to 
     the civilian shall be considered payment in full for such 
     care.
       ``(2) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1), is underinsured, or 
     has a remaining balance and is at risk of financial harm, the 
     Secretary of Defense shall reduce each fee that would 
     otherwise be charged to the civilian under this section 
     according to a sliding fee discount program.
       ``(3) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1) or (2), the Secretary 
     of Defense shall implement an additional catastrophic waiver 
     to prevent financial harm.
       ``(4) The modified payment plan under this subsection may 
     not be administered by a Federal agency other than the 
     Department of Defense.''; and
       (3) by adding at the end the following new subsection:
       ``(e) Definitions.--In this section:
       ``(1) The term `covered payer' means a third-party payer or 
     other insurance, medical service, or health plan.
       ``(2) The terms `third-party payer' and `insurance, medical 
     service, or health plan' have the meaning given those terms 
     in section 1095(h) of this title.''.
       (c) Applicability.--The amendments made by subsections (a) 
     and (b) shall apply with respect to care provided on or after 
     the date that is 180 days after the date of the enactment of 
     this Act.
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