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II
116TH CONGRESS
1ST SESSION
S. 1934
To amend title 38, United States Code, to provide benefits from the Depart-
ment of Veterans Affairs for persons disabled by treatment under the
Veterans Community Care Program, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 20, 2019
Mr. TESTER (for himself, Mrs. MURRAY, and Mr. BROWN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Vet-
erans’ Affairs
A BILL
To amend title 38, United States Code, to provide benefits
from the Department of Veterans Affairs for persons
disabled by treatment under the Veterans Community
Care Program, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Parity in Veterans
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Health Care Rights Act’’.
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•S 1934 IS
SEC. 2. BENEFITS FOR PERSONS DISABLED BY TREATMENT
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UNDER VETERANS COMMUNITY CARE PRO-
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GRAM.
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Subsection (a) of section 1151 of title 38, United
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States Code, is amended—
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(1) by redesignating paragraph (2) as para-
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graph (3);
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(2) in paragraph (1)(B), by striking ‘‘or’’ at the
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end; and
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(3) by inserting after paragraph (1) the fol-
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lowing new paragraph (2):
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‘‘(2) the disability or death was caused by hos-
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pital care, a medical service, or an extended care
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service furnished the veteran by a non-Department
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provider under section 1703 of this title and the
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proximate cause of the disability or death was—
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‘‘(A) carelessness, negligence, lack of prop-
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er skill, error in judgment, or similar instance
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of fault on the part of the provider in fur-
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nishing the hospital care, medical or surgical
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treatment, or examination; or
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‘‘(B) an event not reasonably foreseeable;
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or’’.
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Æ
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