[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1875 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 1875
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide a deadline of 180
days for the filing of claims for payment for emergency treatment
furnished to veterans, 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. SHORT TITLE.
This Act may be cited as the ``Veterans' Emergency Care Claims
Parity Act''.
SEC. 2. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR
EMERGENCY TREATMENT FURNISHED TO VETERANS.
(a) Treatment for Non-Service-Connected Disabilities.--
(1) In general.--Section 1725 of title 38, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection
(h); and
(B) by inserting after subsection (e) the following
new subsections (f) and (g):
``(f) Submittal of Claims for Direct Payment.--An individual or
entity seeking payment under subsection (a)(2) for treatment provided
to a veteran in lieu of reimbursement to the veteran shall submit a
claim for such payment not later than 180 days after the latest date on
which such treatment was provided.
``(g) Hold Harmless.--No veteran described in subsection (b) may be
held liable for payment for emergency treatment described in such
subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (f); and
``(2) such claim was submitted after the deadline
established by such subsection due to--
``(A) an administrative error made by the
individual or entity, such as submission of the claim
to the wrong Federal agency, under the wrong
reimbursement authority (such as section 1728 of this
title), or submission of the claim after the deadline;
or
``(B) an administrative error made by the
Department, such as misplacement of a paper claim or
deletion of an electronic claim.''.
(b) Treatment for and in Connection With Service-Connected
Disabilities.--Section 1728 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) No veteran described in subsection (a) may be held liable for
payment for emergency treatment described in such subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (b)(2); and
``(2) such claim was submitted after a deadline established
by the Secretary for purposes of this section due to--
``(A) an administrative error made by the
individual or entity, such as submission of the claim
to the wrong Federal agency or submission of the claim
after the deadline; or
``(B) an administrative error made by the
Department, such as misplacement of a paper claim or
deletion of an electronic claim.''.
(c) Conforming Amendments.--Such title is amended--
(1) in section 1705A(d), by striking ``section 1725(f)''
and inserting ``section 1725(h)'';
(2) in section 1725(b)(3)(B), by striking ``subsection
(f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B)
or (h)(2)(C)'';
(3) in section 1728(d), as redesignated by subsection
(b)(4), by striking ``section 1725(f)(1)'' and inserting
``section 1725(h)(1)'';
(4) in section 1781(a)(4), by striking ``section 1725(f)''
and inserting ``section 1725(h)''; and
(5) in section 1787(b)(3), by striking ``section 1725(f)''
and inserting ``section 1725(h)''.
SEC. 3. PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT OF
VETERANS AFFAIRS PROVIDERS.
(a) In General.--The Secretary of Veterans Affairs shall publish on
one or more publicly available internet websites of the Department of
Veterans Affairs, including the main internet website regarding
emergency care authorization for non-Department providers, the
following information:
(1) A summary table or similar resource that provides a
list of all authorities of the Department to authorize
emergency care from non-Department providers and, for each such
authority, the corresponding deadline for submission of claims.
(2) An illustrated summary of steps, such as a process map,
with a checklist for the submission of clean claims that non-
Department providers can follow to assure compliance with the
claims-filing process of the Department.
(3) Contact information for the appropriate office or
service line of the Department to address process questions
from non-Department providers.
(b) Periodic Review.--Not less frequently than once every 180 days,
the Secretary shall review the information published under subsection
(a) to ensure that such information is current.
(c) Clean Claims Defined.--In this section, the term ``clean
claims'' means clean electronic claims and clean paper claims (as those
terms are defined in section 1703D(i) of title 38, United States Code).
Passed the Senate April 7, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 1875
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide a deadline of 180
days for the filing of claims for payment for emergency treatment
furnished to veterans, and for other purposes.