VA Billing Accountability Act

I 117TH CONGRESS 1ST SESSION H. R. 845 To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to waive the requirement of certain veterans to make copayments for hospital care and medical services in the case of an error by the Department of Veterans Affairs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 4, 2021 Mr. SMUCKER (for himself, Mrs. WALORSKI, Mr. FITZPATRICK, Mr. HIGGINS of Louisiana, Mr. TURNER, Mr. KATKO, and Mr. STAUBER) introduced the following bill; which was referred to the Committee on Veterans’ Af- fairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to waive the requirement of certain veterans to make copayments for hospital care and medical services in the case of an error by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VA Billing Account- 4 ability Act’’. 5 VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 845 IH SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 1 TO WAIVE REQUIREMENT OF CERTAIN VET- 2 ERANS TO MAKE COPAYMENTS FOR CARE 3 AND SERVICES IN THE CASE OF DEPART- 4 MENT OF VETERANS AFFAIRS ERROR. 5 (a) HOSPITAL CARE, NURSING HOME CARE, AND 6 MEDICAL SERVICES.—Section 1710(f)(3) of title 38, 7 United States Code, is amended by adding at the end the 8 following new subparagraph: 9 ‘‘(G) The Secretary may waive the requirement of a 10 veteran to make a payment under this subsection or sub- 11 section (g) if— 12 ‘‘(i) an error committed by the Department or 13 an employee of the Department was the cause of de- 14 laying notification sent to the veteran of the require- 15 ment to make the payment; and 16 ‘‘(ii) the veteran received such notification later 17 than 180 days after the date on which the veteran 18 received the care or services for which the payment 19 was required.’’. 20 (b) MEDICATIONS.—Section 1722A of such title is 21 amended— 22 (1) by redesignating subsection (c) as sub- 23 section (d); and 24 (2) by inserting after subsection (b) the fol- 25 lowing new subsection (c): 26 VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 845 IH ‘‘(c) The Secretary may waive the requirement of a 1 veteran to make a payment under this section if— 2 ‘‘(1) an error committed by the Department or 3 an employee of the Department was the cause of de- 4 laying notification sent to the veteran of the require- 5 ment to make the payment; and 6 ‘‘(2) the veteran received such notification later 7 than 180 days after the date on which the veteran 8 received the medication for which the payment was 9 required.’’. 10 (c) BILLING PROCEDURES.— 11 (1) IN GENERAL.—Subchapter I of chapter 17 12 of such title is amended by adding at the end the 13 following new section: 14 ‘‘§ 1709D. Procedures for copayments 15 ‘‘(a) CARE AT DEPARTMENT FACILITY.—(1) In re- 16 quiring a veteran to make a payment for care or services 17 provided at a medical facility of the Department pursuant 18 to this chapter, including sections 1710 and 1722A, the 19 Secretary shall provide to such veteran a notification of 20 such required payment by not later than 180 days after 21 the date on which the veteran receives the care or services 22 for which payment is required. 23 ‘‘(2) If the Secretary does not provide to a veteran 24 a notification of the required payment by the date required 25 VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 845 IH under paragraph (1), the Secretary may not collect such 1 payment, including through a third-party entity, unless 2 the Secretary provides the veteran the following: 3 ‘‘(A) Information regarding how to apply for a 4 waiver described in section 1710(f)(3)(G) or section 5 1722A(c) of this title, as appropriate. 6 ‘‘(B) Information regarding how to establish a 7 payment plan with the Secretary. 8 ‘‘(C) Opportunity to make such a waiver or es- 9 tablish such a payment plan. 10 ‘‘(b) CARE AT NON-DEPARTMENT FACILITY.—(1) In 11 requiring a veteran to make a payment for care or services 12 provided at a non-Department facility pursuant to this 13 chapter or other provision of law, the Secretary shall pro- 14 vide to such veteran a notification of such required pay- 15 ment by not later than 18 months after the date on which 16 the veteran receives the care or services for which payment 17 is required. 18 ‘‘(2) If the Secretary does not provide to a veteran 19 a notification of the required payment by the date required 20 under paragraph (1), the Secretary may not collect such 21 payment, including through a third-party entity, unless 22 the Secretary provides the veteran the following: 23 ‘‘(A) Information regarding how to apply for a 24 waiver described in paragraph (3). 25 VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 845 IH ‘‘(B) Information regarding how to establish a 1 payment plan with the Secretary. 2 ‘‘(C) Opportunity to make such a waiver or es- 3 tablish such a payment plan. 4 ‘‘(3) The Secretary may waive the requirement of a 5 veteran to make a payment for care or services provided 6 at a non-Department facility pursuant to this chapter or 7 other provision of law if— 8 ‘‘(A) an error committed by the Department, an 9 employee of the Department, or a non-Department 10 facility was the cause of delaying the notification 11 sent to the veteran of the requirement to make the 12 payment; and 13 ‘‘(B) the veteran received such notification after 14 the period described in paragraph (1).’’. 15 (2) CLERICAL AMENDMENT.—The table of sec- 16 tions at the beginning of such chapter is amended 17 by inserting after the item relating to section 1709C 18 the following new item: 19 ‘‘1709D. Procedures for copayments.’’. (d) IMPROVEMENT OF PROCEDURES.—Not later than 20 180 days after the date of the enactment of this Act, the 21 Secretary of Veterans Affairs shall— 22 (1) review the copayment billing internal con- 23 trols and notification procedures of the Department 24 of Veterans Affairs; and 25 VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 845 IH (2) improve such controls and procedures, in- 1 cluding pursuant to the amendments made by this 2 Act. 3 Æ VerDate Sep 11 2014 17:45 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H845.IH H845 pamtmann on DSKBC07HB2PROD with BILLS