[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[Senate]
[Page 32727]
[From the U.S. Government Publishing Office, www.gpo.gov]




            EXPANDING VETERAN ELIGIBILITY FOR REIMBURSEMENT

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the 
Veterans' Affairs Committee be discharged from further consideration of 
H.R. 1377 and the Senate proceed to its immediate consideration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 1377) to amend title 38, United States Code, 
     to expand veteran eligibility for reimbursements by the 
     Secretary of Veterans Affairs for emergency treatment 
     furnished in a non-Department facility, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. AKAKA. Mr. President, today I urge our colleagues to pass 
legislation that would rightfully correct a deficiency in the law 
governing emergency health care treatment for veterans.
  H.R. 1377, which passed the House in March of this year, would expand 
veteran eligibility for reimbursement for emergency treatment furnished 
in a non-Department facility. H.R. 1377 is a companion bill to 
provisions contained in S. 1963, the Caregiver and Veterans Omnibus 
Health Services Act of 2009, which passed the Senate just a few weeks 
ago.
  Under current law, originally enacted on November 30, 1999, a veteran 
who is enrolled in VA's health care system can be reimbursed for 
emergency treatment received at a non-VA hospital. However, the statute 
only permits such VA reimbursement if the veteran has no other outside 
health insurance, no matter how limited that other coverage might be. 
This means that a veteran who has any insurance is not entitled to 
reimbursement from VA for emergency medical treatment received at a 
non-VA facility. This holds true even if the veteran's insurance policy 
does not cover the full amount owed.
  In discussing the importance of this legislation, I mention one 
particular story that came to the committee's attention. A disabled 
Vietnam veteran from Illinois was in a serious motorcycle accident 
which led to emergency medical bills totaling over $100,000. This 
veteran had state mandated motorcycle insurance, but it only covered 
$10,000 in expenses. Because under current law veterans are personally 
responsible for any difference between whatever coverage they have and 
the costs of their emergency care, VA was prohibited from paying for 
this veteran's care.
  H.R. 1377 would modify current law so that a veteran who has outside 
insurance would be eligible for reimbursement in the event that the 
outside insurance does not cover the full amount of the emergency care. 
VA would be authorized to cover the difference between the amount the 
veteran's insurance will pay and the total cost of care. In essence, VA 
would become the payer of last resort in such cases. This would keep 
the veteran from being burdened by medical fees with no insurance with 
which to pay them. Additionally, this bill would also allow the 
Secretary of Veterans Affairs to retroactively apply this law to 
emergency treatment received between the effective date of the current 
law and the date of enactment of the legislation, thereby ensuring 
assistance to as many veterans as possible.
  Mr. President, I urge passage of H.R. 1377 to rightfully fill this 
hole in veterans' health care.
  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
relating to the bill be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bill (H.R. 1377) was ordered to a third reading, was read the 
third time, and passed.

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