To ensure that veterans receive timely and effective health care under the Veterans Community Care Program and Veterans Care Agreements during the COVID-19 emergency, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 6591 To ensure that veterans receive timely and effective health care under the Veterans Community Care Program and Veterans Care Agreements dur- ing the COVID–19 emergency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 21, 2020 Mr. PAPPAS introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To ensure that veterans receive timely and effective health care under the Veterans Community Care Program and Veterans Care Agreements during the COVID–19 emer- gency, 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. COMMUNITY CARE FOR VETERANS DURING 3 COVID–19 EMERGENCY. 4 (a) VETERANS COMMUNITY CARE PROGRAM AND 5 VETERANS CARE AGREEMENTS.— 6 (1) ELIGIBILITY.—During the period of a cov- 7 ered public health emergency, any veteran covered 8 VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6591 IH by subsection (b) of section 1703 or subsection (l) 1 of section 1703A of title 38, United States Code, 2 may receive COVID–19 care pursuant to such re- 3 spective section, regardless of whether such care is 4 for a service-connected disability. 5 (2) PREAUTHORIZATION NOT REQUIRED.— 6 (A) IN GENERAL.—During the period of a 7 covered public health emergency, in carrying 8 out section 1703(a)(3) of title 38, United 9 States Code, the Secretary of Veterans Affairs 10 shall treat hospital care and services described 11 in subparagraph (B) as being authorized by the 12 Secretary under such section, regardless of 13 whether the Secretary is notified of such care 14 by any deadline otherwise required by the Sec- 15 retary for purposes of such section. 16 (B) HOSPITAL CARE AND SERVICES DE- 17 SCRIBED.—The hospital care and services de- 18 scribed in this subparagraph are the following: 19 (i) COVID–19 care. 20 (ii) Emergency medical care and serv- 21 ices. 22 (b) EMERGENCY TREATMENT.— 23 (1) RULE.—During the period of a covered 24 public health emergency, the Secretary of Veterans 25 VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6591 IH Affairs shall administer claims for payments relating 1 to emergency COVID–19 care as follows: 2 (A) If the community care provider that 3 furnished the care is an eligible provider under 4 section 1703 of title 38, United States Code, 5 the Secretary shall administer the claim pursu- 6 ant to that section. 7 (B) If the community care provider has en- 8 tered into a Veterans Care Agreement under 9 section 1703A of such title, the Secretary shall 10 administer the claim pursuant to that section. 11 (C) If the community care provider is not 12 described in subparagraph (A) or (B) of this 13 paragraph, the Secretary shall administer the 14 claim pursuant to section 1725 or 1728 of such 15 title, as the case may be. 16 (2) SCOPE OF TREATMENT.—During the period 17 of a covered public health emergency, emergency 18 COVID–19 care furnished to veterans shall be 19 deemed to be ‘‘emergency treatment’’ for purposes of 20 sections 1725 and 1728 of title 38, United States 21 Code, regardless of whether— 22 (A) such care meets the requirements of 23 subparagraphs (A) and (B) of subsection (f)(1) 24 of such section 1725; or 25 VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6591 IH (B) such care is furnished after the vet- 1 eran can be transferred, or is accepted for a 2 transfer, to a facility of the Department of Vet- 3 erans Affairs or other Federal facility as de- 4 scribed in clauses (i) and (ii) of subparagraph 5 (C) of such subsection. 6 (3) ENROLLMENT REQUIREMENTS.—During 7 the period of a covered public health emergency, in 8 carrying out section 1725 of title 38, United States 9 Code, the Secretary shall determine whether a vet- 10 eran who receives emergency COVID–19 care is an 11 active Department health care participant under 12 subsection (b) of such section without regard to 13 whether the veteran meets the requirement in para- 14 graph (2)(B) of such subsection. 15 (4) SUBMISSION OF CLAIMS.—During the pe- 16 riod of a covered public health emergency, subsection 17 (b) of section 1703D of title 38, United States Code, 18 shall apply with respect to community care providers 19 furnishing emergency COVID–19 care to veterans 20 pursuant to sections 1725 and 1728 of title 38, 21 United States Code. 22 (c) PRIMARY PAYER.—During the period of a covered 23 public health emergency, notwithstanding section 1725 of 24 title 38, United States Code, or any other provision of law, 25 VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6591 IH the Secretary of Veterans Affairs shall be the primary 1 payer with respect to COVID–19 care furnished to vet- 2 erans, including with respect to the transportation of a 3 veteran by ambulance. The Secretary may seek reimburse- 4 ment from any third party that would otherwise be liable 5 for such care, or be obligated to provide or to pay the 6 expenses of such care, including pursuant to a health-plan 7 contract. 8 (d) APPLICATION.—This section shall apply to med- 9 ical care or services furnished during the period of a cov- 10 ered public health emergency, regardless of whether such 11 care or services were furnished before the date of the en- 12 actment of this Act. 13 (e) DEFINITIONS.—In this section: 14 (1) The term ‘‘community care provider’’ has 15 the meaning given the term ‘‘health care entity or 16 provider’’ in section 1703D(i) of title 38, United 17 States Code. 18 (2) The term ‘‘covered public health emer- 19 gency’’ means the declaration— 20 (A) of a public health emergency, based on 21 an outbreak of COVID–19 by the Secretary of 22 Health and Human Services under section 319 23 of the Public Health Service Act (42 U.S.C. 24 247d); or 25 VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6591 IH (B) of a domestic emergency, based on an 1 outbreak of COVID–19 by the President, the 2 Secretary of Homeland Security, or a State or 3 local authority. 4 (3) The term ‘‘COVID–19 care’’ means medical 5 care or services furnished to a veteran by a commu- 6 nity care provider pursuant to chapter 17 of title 38, 7 United States Code, or other provision of law admin- 8 istered by the Secretary of Veterans Affairs, for the 9 diagnosis or treatment of COVID–19. 10 (4) The term ‘‘health-plan contract’’ and ‘‘third 11 party’’ have the meanings given those terms in sec- 12 tion 1725 of title 38, United States Code. 13 Æ VerDate Sep 11 2014 01:32 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6591.IH H6591 pamtmann on DSKBC07HB2PROD with BILLS