[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3284 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3284
To amend title 38, United States Code, to modify the limitation on
reimbursement for emergency treatment of amounts owed to a third party
or for which the veteran is responsible under a health-plan contract.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 9, 2023
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
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A BILL
To amend title 38, United States Code, to modify the limitation on
reimbursement for emergency treatment of amounts owed to a third party
or for which the veteran is responsible under a health-plan contract.
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
Reimbursement Act of 2023''.
SEC. 2. MODIFICATION OF LIMITATION ON REIMBURSEMENT FOR EMERGENCY
TREATMENT OF AMOUNTS OWED TO A THIRD PARTY OR FOR WHICH
THE VETERAN IS RESPONSIBLE UNDER A HEALTH-PLAN CONTRACT.
(a) In General.--Section 1725(c)(4)(D) of title 38, United States
Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(i) The
Secretary'';
(2) in clause (i), as designated by paragraph (1), by
striking ``or similar payment'' and inserting ``of less than
$100''; and
(3) by adding at the end the following new clause:
``(ii) In this subparagraph, the term `copayment' means a fixed
amount paid by an individual for a covered health service received by
the individual and does not include any amount paid for a deductible or
coinsurance.''.
(b) Application of Amendment.--The amendments made by subsection
(a) shall apply with respect to any reimbursement claim under section
1725 of such title submitted to the Department of Veterans Affairs for
emergency treatment furnished on or after February 1, 2010, including
any such claim submitted by a member of the certified class seeking
relief in Wolfe v. McDonough, No. 18-6091 (U.S. Vet. App.).
(c) Definitions.--In this section:
(1) Emergency treatment; health-plan contract.--The terms
``emergency treatment'' and ``health-plan contract'' have the
meanings given those terms in section 1725(h) of title 38,
United States Code.
(2) Reimbursement claim.--The term ``reimbursement claim''
includes any claim by a veteran for reimbursement of a
copayment, deductible, coinsurance, or any other type of cost
share for emergency treatment furnished to the veteran in a
non-Department of Veterans Affairs facility and made by a
veteran who had coverage under a health-plan contract,
including any claim for the reasonable value of emergency
treatment that was rejected or denied by the Department of
Veterans Affairs, whether the rejection or denial was final or
not.
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