[Congressional Record (Bound Edition), Volume 163 (2017), Part 1]
[Extensions of Remarks]
[Page 868]
[From the U.S. Government Publishing Office, www.gpo.gov]




          INTRODUCTION OF THE VETERANS EMERGENCY TREATMENT ACT

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                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                       Thursday, January 12, 2017

  Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce the Veterans 
Emergency Treatment (VET) Act. One of the most important functions of 
our federal government is to support and sustain those who have been 
willing to sacrifice all they have to defend our nation. Whenever our 
government fails to meet this responsibility, swift action must be 
taken. Far too many stories of our nation's veterans receiving 
inadequate care have plagued the Department of Veterans' Affairs (VA). 
My legislation seeks to improve one aspect of treatment for our men and 
women who have served in uniform. The VET Act will ensure every veteran 
is afforded the highest level of emergency care at all emergency-
capable medical facilities under the jurisdiction of the Department of 
Veterans' Affairs (VA).
  The VET Act applies the statutory requirements of the Emergency 
Medical Treatment and Labor Act (EMTALA) to emergency care provided by 
the VA to enrolled veterans. EMTALA was enacted by Congress as part of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 and is 
designed to prevent hospitals from transferring, or ``dumping,'' 
uninsured or Medicaid patients to public hospitals. The legislation 
requires a hospital to conduct a medical examination to determine if an 
emergency medical condition exists. If such a condition does exist, the 
hospital is required to either stabilize the patient or comply with the 
statutory requirements of a proper transfer. If an emergency medical 
condition still exists and has not been stabilized, the hospital may 
not transfer the patient unless the patient, after being made aware of 
the risks, makes a transfer request in writing or a physician certifies 
that the medical benefits of a transfer outweigh the risks.
  It has become clear that the VA is not fulfilling the EMTALA 
directive. All too frequently, the policy is to turn down those who try 
to access an emergency room. In February of 2015, 64-year-old Army 
veteran Donald Siefken, from Kennewick, WA, arrived at the Seattle VA 
hospital emergency room in severe pain and with a broken foot that had 
swollen to the size of a football. No longer able to walk, he requested 
emergency room staff assist him in traveling the ten feet from his car 
to the emergency room. Hospital personnel promptly hung up on him after 
stating that he would need to call 911 to assist him at his own 
expense. Several minutes later a Seattle fire captain and three 
firefighters arrived to assist him into the emergency room.
  The VET Act will amend current law to remove the ``non-
participating'' designation from VA hospital facilities and statutorily 
require them to fulfill the requirements of EMTALA. My commonsense and 
straightforward legislation will ensure that every enrolled veteran who 
arrives at the emergency department of a VA medical facility indicating 
an emergency condition exists is assessed and treated in an effort to 
prevent further injury or death.
  I urge all members to join me in supporting this legislation. We must 
ensure our veterans are treated fairly and with the respect they 
deserve.

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