[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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.

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 Date.--
(1) In general.--The 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 3496]]
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:
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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.