PUBLIC LAW 104-262—OCT. 9, 1996 110 STAT. 3193 "(1) that veterans will receive priority under such an arrangement; and "(2) that such an arrangement— "(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or "(B) will result in the improvement of services to eligible veterans at that facility. "(f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.". (d) CLERICAL AMENDMENTS.—(1) The heading of section 8153 is amended to read as follows: § 8153. Sharing of health-care resources'*. (2) The item relating to section 8153 in the table of sections at the beginning of chapter 81 is amended to read as follows: "8153. Sharing of health-care resources. ". SEC. 302. IMPROVED EFFICIENCY IN HEALTH CARE RESOURCE MANAGEMENT. (a) TEMPORARY EXPANSION OF AUTHORITY FOR SHARING AGREE- MENTS. —Section 201 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 8111 note) is amended— (1) by inserting "(a) AUTHORITY.— " before 'The Secretary of Veterans Affairs"; and (2) by adding at the end thereof the following new subsection: "(b) USE OF FUNDS. —Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.". (b) REPEAL OF SUNSET PROVISION.—(1) Section 204 of such Act (38 U.S.C. 8111 note) is repealed. (2) Any services provided pursuant to agreements entered into 38 USC 8111 under section 201 of such Act (38 U.S.C. 8111 note) during the note. period beginning on October 1, 1996, and ending on the date of the enactment of this Act are hereby ratified. (c) COST RECOVERY.—Title II of such Act is further amended by adding at the end the following new section: "SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS. 38 USC 8111 "(a) RIGHT TO RECOVER.— In the case of a primary beneficiary (as described in section 201(a)(2)(B)) who has coverage under a health-plan contract, as defined in section 1729(i)(l)(A) of title 38, United States Code, and who is furnished care or services by a Department medical facility pursuant to this title, the United States shall have the right to recover or collect charges for such care or services from such health-plan contract to the extent that the beneficiary (or the provider of the care or services) would be eligible to receive payment for such care or services from such health-plan contract if the care or services had not been furnished by a department or agency of the United States. Any funds received from such health-plsm contract shall be credited to funds that have been allotted to the facility that furnished the care or services.
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