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Division L — Veterans and Servicemembers Provisions

S. 4800 · 116th Congress · Oct 19, 2020 · Lineage

L Veterans and Servicemembers Provisions

Sec. 101 Increase of amount of certain Department of Veterans Affairs payments during emergency period resulting from COVID–19 pandemic

(a)
In general— During the covered period, the Secretary of Veterans Affairs shall apply each of the following provisions of title 38, United States Code, by substituting for each of the dollar amounts in such provision the amount equal to 125 percent of the dollar amount that was in effect under such provision on the date of the enactment of this Act:
(1)
Subsections (l), (m), (r), and (t) of section 1114.
(2)
Paragraph (1)(E) of section 1115.
(3)
Subsection (c) of section 1311.
(4)
Subsection (g) of section 1315.
(5)
Paragraphs (1) and (2) of subsection (d) of section 1521.
(6)
Paragraphs (2) and (4) of subsection (f) of section 1521.
(b)
Treatment of amounts— Any amount payable to an individual under subsection (a) in excess of the amount otherwise in effect shall be in addition to any other benefit or any other amount payable to that individual under any provision of law referred to in subsection (a) or any other provision of law administered by the Secretary of Veterans Affairs.
(c)
Covered period— In this section, the covered period is the period that begins on the date of the enactment of this Act and ends 60 days after the last day of the emergency period (as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the COVID–19 pandemic.

Sec. 102 Prohibition on copayments and cost sharing for veterans receiving preventive services relating to COVID–19

(a)
Prohibition— The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for qualifying coronavirus preventive services. The requirement described in this subsection shall take effect with respect to a qualifying coronavirus preventive service on the specified date.
(b)
Definitions— In this section, the terms qualifying coronavirus preventive service and specified date have the meaning given those terms in section 3203 of the CARES Act (Public Law 116–136).

Sec. 103 Emergency treatment for veterans during COVID–19 emergency period

(a)
Emergency treatment— Notwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section.
(b)
Authorization not required— The Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a).
(c)
Payment rates—
(1)
Determination— The rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XI or title XVIII of the Social Security Act (42 U.S.C. 1301 et seq.), including section 1834 of such Act (42 U.S.C. 1395m), for the same treatment.
(2)
Finality— A payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the veteran's liability to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment.
(d)
Claims processed by third party administrators—
(1)
Requirement— Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a).
(2)
Prompt payment standard— Section 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a).
(e)
Primary payer— The Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a), and with respect to the transportation of a veteran by ambulance. In any case in which an eligible veteran is furnished such emergency treatment for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health plan contract described in such section 1729 in accordance with such section.
(f)
Application— This section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether treatment was furnished before the date of the enactment of this Act.
(g)
Definitions— In this section:
(1)
The term covered public health emergency means the declaration—
(A)
of a public health emergency, based on an outbreak of COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
of a domestic emergency, based on an outbreak of COVID–19 by the President, the Secretary of Homeland Security, or a State or local authority.
(2)
The term eligible veteran means a veteran enrolled in the health care system established under section 1705 of title 38, United States Code.
(3)
The term emergency treatment means medical care or services rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health.
(4)
The term non-Department facility has the meaning given that term in section 1701 of title 38, United States Code.

Sec. 104 HUD–VASH program

The Secretary of Housing and Urban Development shall take such actions with respect to the supported housing program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in conjunction with the Department of Veterans Affairs (commonly referred to as “HUD–VASH”), and shall require public housing agencies administering assistance under such program to take such actions, as may be appropriate to facilitate the issuance and utilization of vouchers for rental assistance under such program during the period of the covered public health emergency (as such term is defined in section 1 of this Act), including the following actions:
(1)
Establishing mechanisms and procedures providing for referral and application documents used under such program to be received by fax, electronic mail, drop box, or other means not requiring in-person contact.
(2)
Establishing mechanisms and procedures for processing applications for participation in such program that do not require identification or verification of identity by social security number or photo ID in cases in which closure of governmental offices prevents confirmation or verification of identity by such means.
(3)
Providing for waiver of requirements to conduct housing quality standard inspections with respect to dwelling units for which rental assistance is provided under such program.

Sec. 105 Deferral of certain debts arising from benefits under laws administered by the Secretary of Veterans Affairs

(a)
In general— During the covered period, the Secretary of Veterans Affairs may not—
(1)
take any action to collect a covered debt (including the offset of any payment by the Secretary);
(2)
record a covered debt;
(3)
issue notice of a covered debt to a person or a consumer reporting agency;
(4)
allow any interest to accrue on a covered debt; or
(5)
apply any administrative fee to a covered debt.
(b)
Exception— Notwithstanding subsection (a), the Secretary may collect a payment regarding a covered debt (including interest or any administrative fee) from a person (or the fiduciary of that person) who elects to make such a payment during the covered period.
(c)
Definitions— In this section:
(1)
The term consumer reporting agency has the meaning given that term in section 5701 of title 38, United States Code.
(2)
The term covered debt means a debt—
(A)
owed by a person (including a fiduciary) to the United States;
(B)
arising from a benefit under a covered law; and
(C)
that is not subject to recovery under—
(i)
section 3729 of title 31, United States Code;
(ii)
section 1729 of title 38, United States Code; or
(iii)
Public Law 87–693 (42 U.S.C. 2651).
(3)
The term covered law means any law administered by the Secretary of Veterans Affairs through—
(A)
the Under Secretary for Health; or
(B)
the Under Secretary for Benefits.
(4)
The term covered period means—
(A)
the COVID–19 emergency period; and
(B)
the 60 days immediately following the date of the end of the COVID–19 emergency period.
(5)
The term COVID–19 emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).

Sec. 106 Tolling of deadlines relating to claims for benefits administered by Secretary of Veterans Affairs

(a)
Required tolling— With respect to claims and appeals made by a claimant, the covered period shall be excluded in computing the following:
(1)
In cases where an individual expresses an intent to file a claim, the period in which the individual is required to file the claim in order to have the effective date of the claim be determined based on the date of such intent, as described in section 3.155(b)(1) of title 38, Code of Federal Regulations.
(2)
The period in which the claimant is required to take an action pursuant to section 5104C of title 38, United States Code.
(3)
The period in which the claimant is required to appeal a change in service-connected or employability status or change in physical condition described in section 5112(b)(6) of such title.
(4)
The period in which an individual is required to file a notice of appeal under section 7266 of such title.
(5)
Any other period in which a claimant or beneficiary is required to act with respect to filing, perfecting, or appealing a claim, as determined appropriate by the Secretary of Veterans Affairs.
(b)
Use of postmark dates— With respect to claims filed using nonelectronic means and appeals made during the covered period, the Secretary of Veterans Affairs and the Court of Appeals for Veterans Claims, as the case may be, shall administer the provisions of title 38, United States Code, as follows:
(1)
In section 5110—
(A)
in subsection (a)—
(i)
in paragraph (1), by substituting “the earlier of the date of receipt of application therefor and the date of the postmark or other official proof of mailing date of the application therefor” for “the date of receipt of application therefor”; and
(ii)
in paragraph (3), by substituting “the earlier of the date of receipt of the supplemental claim and the date of the postmark or other official proof of mailing date of the supplemental claim” for “the date of receipt of the supplemental claim”; and
(B)
in subsection (b)(2)(A), by substituting “the earlier of the date of receipt of application and the date of the postmark or other official proof of mailing date of the application” for “the date of receipt of the application”.
(2)
In section 7266, without regard to subsection (d).
(c)
Definitions— In this section:
(1)
The term claimant has the meaning given that term in section 5100 of title 38, United States Code.
(2)
The term covered period means the period beginning on the date of the emergency period (as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the COVID–19 pandemic and ending 90 days after the last day of such emergency period.

Sec. 107 Provision of Department of Veterans Affairs hospital care and medical services to certain veterans who are unemployed or lost employer-sponsored health care coverage by reason of a covered public health emergency

(a)
In general— During the 12-month period beginning on the date on which a covered veteran applies for hospital care or medical services under this section, the Secretary of Veterans Affairs shall consider the covered veteran to be unable to defray the expenses of necessary care for purposes of section 1722 of title 38, United States Code, and shall furnish to such veteran hospital care and medical services under chapter 17 of title 38, United States Code.
(b)
Covered veteran— For purposes of this section, a covered veteran is a veteran—
(1)
who—
(A)
is unemployed; or
(B)
has lost access to a group health plan or group health insurance coverage by reason of a covered public health emergency; and
(2)
whose projected attributable income for the 12-month period beginning on the date of application for hospital care or medical services under this section is not more than the amount in effect under section 1722(b) of title 38, United States Code.
(c)
Definitions— In this section:
(1)
The term covered public health emergency means the declaration—
(A)
of a public health emergency, based on an outbreak of COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
of a domestic emergency, based on an outbreak of COVID–19 by the President, the Secretary of Homeland Security, or State, or local authority.
(2)
The terms group health plan and group health insurance coverage have the meaning given such terms in section 2701 of the Public Health Service Act (42 U.S.C. 300gg-3).

Sec. 108 Expansion of Vet Center services to veterans and members of the Armed Forces who perform certain service in response to covered public health emergency

(a)
In General— Section 1712A of title 38, United States Code, is amended—
(1)
by striking “clauses (i) through (iv)” both places it appears and inserting “clauses (i) through (v)”;
(2)
by striking “in clause (v)” both places it appears and inserting “in clause (vi)”;
(3)
in subsection (a)(1)(C)—
(A)
by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and
(B)
by inserting after clause (iii) the following new clause (iv):

“(iv) Any individual who is a veteran or member of the Armed Forces (including the reserve components), who, in response to a covered public health emergency, performed active service or State active duty for a period of at least 14 days.”

(4)
in subsection (h), by adding at the end the following new paragraphs:

“(4) The term active service has the meaning given that term in section 101 of title 10.

“(5) The term covered public health emergency means the declaration—

“(A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or

“(B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority.”

(b)
Conforming amendment— Section 201(q)(4) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 is amended by striking “clauses (i) through (iv) of section 1712A(a)(1)(C)” and inserting “clauses (i) through (v) of section 1712A(a)(1)(C)”.