[111th Congress Public Law 137]
[From the U.S. Government Publishing Office]



[[Page 123 STAT. 3495]]

Public Law 111-137
111th Congress

                                 An Act


 
To amend title 38, United States Code, to expand veteran eligibility for 
    reimbursement by the Secretary of Veterans Affairs for emergency 
    treatment furnished in a non-Department facility, and for other 
            purposes. <<NOTE: Feb. 1, 2010 -  [H.R. 1377]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXPANSION OF VETERAN ELIGIBILITY FOR REIMBURSEMENT BY 
                              SECRETARY OF VETERANS AFFAIRS FOR 
                              EMERGENCY TREATMENT FURNISHED IN A 
                              NON-DEPARTMENT FACILITY.

    (a) Expansion of Eligibility.--Section 1725 of title 38, United 
States Code, is amended--
            (1) in subsection (b)(3)(C), by striking ``or in part''; and
            (2) in subsection (f)(2), by striking subparagraph (E).

    (b) Limitations on Reimbursement.--Subsection (c) of such section is 
amended by adding at the end the following new paragraph:
    ``(4)(A) If the veteran has contractual or legal recourse against a 
third party that would only, in part, extinguish the veteran's liability 
to the provider of the emergency treatment, and payment for the 
treatment may be made both under subsection (a) and by the third party, 
the amount payable for such treatment under such subsection shall be the 
amount by which the costs for the emergency treatment exceed the amount 
payable or paid by the third party, except that the amount payable may 
not exceed the maximum amount payable established under paragraph 
(1)(A).
    ``(B) In any case in which a third party is financially responsible 
for part of the veteran's emergency treatment expenses, the Secretary 
shall be the secondary payer.
    ``(C) A payment in the amount payable under subparagraph (A) shall 
be considered payment in full and shall extinguish the veteran's 
liability to the provider.
    ``(D) The Secretary may not reimburse a veteran under this section 
for any copayment or similar payment that the veteran owes the third 
party or for which the veteran is responsible under a health-plan 
contract.''.
    (c) Effective <<NOTE: 38 USC 1725 note.>> Date.--
            (1) In general.--The <<NOTE: Applicability.>> amendments 
        made by subsections (a) and (b) shall take effect on the date of 
        the enactment of this Act, and shall apply with respect to 
        emergency treatment furnished on or after the date of the 
        enactment of this Act.
            (2) Reimbursement for treatment provided before effective 
        date.--The Secretary may provide reimbursement under section 
        1725 of title 38, United States Code, as amended

[[Page 123 STAT. 3496]]

        by subsections (a) and (b), for emergency treatment furnished to 
        a veteran before the date of the enactment of this Act, if the 
        Secretary determines that, under the circumstances applicable 
        with respect to the veteran, it is appropriate to do so.

    Approved February 1, 2010.

LEGISLATIVE HISTORY--H.R. 1377:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-55 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 155 (2009):
            Mar. 30, considered and passed House.
            Dec. 18, considered and passed Senate.

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