123STA T . 3 495PUBLIC LA W 111 – 13 7—FE B.1 , 2 0 10 PublicLaw1 11 – 1 37 111 thCongres s A n Act Toamendti t l e 38,U nited S tate sC ode, to e xp and v ete r an eli g i b ilit yf or reimb u rse - ment by t h eSe c retary of V eterans A ffairs for emergency treatment furnished in a non- D epartment facility, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. E XPA NSION O FV ETE R ANE L I G I B ILIT Y FOR REI M B U RSE - MENT BY SECRETARY OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNIS H E D IN A NON- DEPARTMENT FACILITY. (a)EXPANSIO NO F E L I G I B ILI TY.—Section1725 o f tit l e 38,U nite d State sC ode, is a m ended— (1)ins ub section (b)(3)(C), b y st r i k in g‘ ‘or in p art ’ ’
and (2) in subsection (f)(2), by striking subparagrap h (E). (b) L I M ITATIONS ON RE IMB UR SEMENT.—Subsection (c) of such section is amended by adding at the end the follo w ing new para - graph
‘‘( 4 )( A ) I f the v eteran has contractual or legal recourse against a third party that would only, in part, e x tinguish 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 Sec- retary 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 ) T he 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) EFFE C TI V E 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 PROVI D ED BEFORE EFFECTIVE DATE.—The Secretary may provide reimbursement under section 1725 of title 38, United States Code, as amended Ap p licab ili ty.38USC1725no t e . F eb. 1 , 2 0 10 [H . R . 1377 ]
