Page:United States Statutes at Large Volume 113 Part 3.djvu/37

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PUBLIC LAW 106-117 —NOV. 30, 1999 113 STAT. 1555 "(2) Any amount paid by the United States to the veteran (or the veteran's personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment. "(3) Any amount paid by the United States to the provider that furnished the veteran's emergency treatment shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treat;ment for which the United States made payment. "(4) The veteran (or the veteran's personal representative, successor, dependents, or survivors) shall ensure that the Secretary is promptly notified of any payment received from any third party for emergency treatment furnished to the veteran. The veteran (or the veteran's personal representative, si;Lccessor, dependents, or survivors) shall immediately forward all documents relating to such payment, cooperate with the Secretary in the investigation of such payment, and assist the Secretary in enforcing the United States right to recover any payment made under subsection (c)(3). "(e) WAIVER. — The Secretary, in the Secretary discretion, may Regulations, waive recovery of a payment made to a veterjin under this section that is otherwise required by subsection (d)(1) when the Secretary determines that such waiver would be in thcj best interest of the United States, as defined by regulations prescribed by the Secretary. " (f) DEFINITIONS.— For purposes of this section: "(1) The term 'emergency treatment' means medical care or services furnished, in the judgment of the Secretary— "(A) when Department or other Federal facilities are not feasibly available and an attempt to use them beforehand would not be reasonable; "(B) when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and "(C) until such time as the veteran can be transferred safely to a Department facility or other Federal facility. "(2) The term Tiealth-plan contract' includes any of the following: "(A) An insurance policy or contract, medical or hospital service agreement, membershipt or subscription contract, or similar arrangement under which health services for individuals are provided or the expienses of such services are paid. "(B) An insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of that Act (42 U.S.C. 1395j). "(C) A State plan for medical assistance approved under title XDC of such Act (42 U.S.C. 1396 et seq.). "(D) A workers' compensation law or plan described in section 1729(a)(2)(A) of this title. "(E) A law of a State or politiced subdivision described in section 1729(a)(2)(B) of this title. "(3) The term 'third party means any of the following: "(A) A Federal entity. "(B) A State or political subdivision of a State. "(C) An employer or an employer's insurance carrier.