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 emergency, and for other purposes.

II 116TH CONGRESS 2D SESSION S. 3888 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 SENATE OF THE UNITED STATES JUNE 3, 2020 Mrs. SHAHEEN introduced the following bill; which was read twice and 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 FOR COVID–19 CARE.—During 7 the period of a covered public health emergency, the 8 VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3888 IS Secretary of Veterans Affairs shall furnish COVID– 1 19 care, regardless of whether such care is for a 2 service-connected disability— 3 (A) under section 1703 of title 38, United 4 States Code, to any veteran described in sub- 5 section (b) of such section; and 6 (B) under section 1703A of such title, to 7 any individual described in subsection (l) of 8 such section. 9 (2) PREAUTHORIZATION FOR CERTAIN SERV- 10 ICES NOT REQUIRED.— 11 (A) IN GENERAL.—During the period of a 12 covered public health emergency, in carrying 13 out section 1703(a)(3) of title 38, United 14 States Code, the Secretary of Veterans Affairs 15 shall treat medical care and services described 16 in subparagraph (B) as being authorized by the 17 Secretary under such section, regardless of 18 whether the Secretary is notified of such care 19 by any deadline otherwise required by the Sec- 20 retary for purposes of such section. 21 (B) MEDICAL CARE AND SERVICES DE- 22 SCRIBED.—The medical care and services de- 23 scribed in this subparagraph are the following: 24 (i) COVID–19 care. 25 VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3888 IS (ii) Emergency medical care and serv- 1 ices. 2 (b) EMERGENCY TREATMENT.— 3 (1) RULE.—During the period of a covered 4 public health emergency, the Secretary of Veterans 5 Affairs shall administer claims for payments relating 6 to emergency COVID–19 care as follows: 7 (A) If the community care provider that 8 furnished the care is an eligible provider under 9 section 1703 of title 38, United States Code, 10 the Secretary shall administer the claim pursu- 11 ant to that section. 12 (B) If the community care provider has en- 13 tered into a Veterans Care Agreement under 14 section 1703A of such title, the Secretary shall 15 administer the claim pursuant to that section. 16 (C) If the community care provider is not 17 described in subparagraph (A) or (B), the Sec- 18 retary shall administer the claim pursuant to 19 section 1725 or 1728 of such title, as the case 20 may be. 21 (2) SCOPE OF TREATMENT.—During the period 22 of a covered public health emergency, emergency 23 COVID–19 care furnished to veterans shall be 24 deemed to be emergency treatment for purposes of 25 VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3888 IS sections 1725 and 1728 of title 38, United States 1 Code, regardless of whether— 2 (A) such care meets the requirements of 3 subparagraphs (A) and (B) of subsection (f)(1) 4 of such section 1725; or 5 (B) such care is furnished after the vet- 6 eran can be transferred, or is accepted for a 7 transfer, to a facility of the Department of Vet- 8 erans Affairs or other Federal facility as de- 9 scribed in clauses (i) and (ii) of subparagraph 10 (C) of such subsection. 11 (3) ENROLLMENT REQUIREMENTS.—During 12 the period of a covered public health emergency, in 13 carrying out section 1725 of title 38, United States 14 Code, the Secretary shall determine whether a vet- 15 eran who receives emergency COVID–19 care is an 16 active Department health care participant under 17 subsection (b) of such section without regard to 18 whether the veteran meets the requirement in para- 19 graph (2)(B) of such subsection. 20 (4) SUBMISSION OF CLAIMS.—During the pe- 21 riod of a covered public health emergency, subsection 22 (b) of section 1703D of title 38, United States Code, 23 shall apply with respect to community care providers 24 furnishing emergency COVID–19 care to veterans 25 VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3888 IS pursuant to sections 1725 and 1728 of title 38, 1 United States Code. 2 (c) PRIMARY PAYER.— 3 (1) IN GENERAL.—During the period of a cov- 4 ered public health emergency, notwithstanding sec- 5 tion 1725 of title 38, United States Code, or any 6 other provision of law, the Secretary of Veterans Af- 7 fairs shall be the primary payer with respect to 8 COVID–19 care furnished to veterans, including 9 with respect to the transportation of a veteran by 10 ambulance. 11 (2) REIMBURSEMENT.—The Secretary may 12 seek reimbursement from any third party that would 13 otherwise be liable for COVID–19 care furnished to 14 a veteran or obligated to provide or to pay the ex- 15 penses of such care, including pursuant to a health- 16 plan contract. 17 (d) APPLICATION.—This section shall apply to med- 18 ical care or services furnished during the period of a cov- 19 ered public health emergency, regardless of whether such 20 care or services were furnished before the date of the en- 21 actment of this Act. 22 (e) DEFINITIONS.—In this section: 23 (1) The term ‘‘community care provider’’ has 24 the meaning given the term ‘‘health care entity or 25 VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3888 IS provider’’ in section 1703D(i) of title 38, United 1 States Code. 2 (2) The term ‘‘covered public health emer- 3 gency’’ means the declaration— 4 (A) of a public health emergency, based on 5 an outbreak of COVID–19, by the Secretary of 6 Health and Human Services under section 319 7 of the Public Health Service Act (42 U.S.C. 8 247d); or 9 (B) of a domestic emergency, based on an 10 outbreak of COVID–19, by the President, the 11 Secretary of Homeland Security, or a State or 12 local authority. 13 (3) The term ‘‘COVID–19 care’’ means medical 14 care or services furnished to a veteran by a commu- 15 nity care provider pursuant to chapter 17 of title 38, 16 United States Code, or any other law administered 17 by the Secretary of Veterans Affairs, for the diag- 18 nosis or treatment of COVID–19. 19 (4) The term ‘‘health-plan contract’’ and ‘‘third 20 party’’ have the meanings given those terms in sec- 21 tion 1725 of title 38, United States Code. 22 Æ VerDate Sep 11 2014 17:45 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3888.IS S3888 pamtmann on DSKBC07HB2PROD with BILLS