S. 1875 — what changed
Veterans' Emergency Care Claims Parity Act
From Introduced in Senate to Engrossed in Senate. 1 section amended between Introduced in Senate and Engrossed in Senate.
Sec. 2 Claims for payment from Department of Veterans Affairs for emergency treatment furnished to veterans
Treatment for non-Service-Connected disabilities—
In general— Section 1725 of title 38, United States Code, is amended—
by redesignating subsection (f) as subsection (h); and
by inserting after subsection (e) the following new subsections (f) and (g):
“(f) Submittal of claims for direct payment—An individual or entity seeking payment under subsection (a)(2) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided.
“(g) Hold harmless—No veteran described in subsection (b) may be held liable for payment for emergency treatment described in such subsection if—
“(1) a claim for direct payment was submitted by an individual or entity under subsection (f); and
“(2) such claim was submitted after the deadline established by such subsection due to—
changed
“(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency; agency, under the wrong reimbursement authority (such as section 1728 of this title), or submission of the claim after the deadline; or
“(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.”
changed
Treatment for and in connection with service-Connected disabilities— Section 1728(b) 1728 of such title is amended—
removed
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);
removed
in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking “In any case” and inserting “(1) In any case”;
removed
by adding at the end the following new paragraph:
removed
“(2) An individual or entity seeking payment under paragraph (1) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided.”
renumbered
was (3)(6)
by redesignating subsection (c) as subsection (d); and
renumbered
was (3)(7)
by inserting after subsection (b) the following new subsection (c):
“(c) No veteran described in subsection (a) may be held liable for payment for emergency treatment described in such subsection if—
“(1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and
added “(2) such claim was submitted after a deadline established by the Secretary for purposes of this section due to—
added “(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the deadline; or
removed
“(2) such claim was submitted after the deadline established by such subsection due to—
removed
“(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency; or
“(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.”
Conforming amendments— Such title is amended—
in section 1705A(d), by striking “section 1725(f)” and inserting “section 1725(h)”;
in section 1725(b)(3)(B), by striking “subsection (f)(2)(B) or (f)(2)(C)” and inserting “subsection (h)(2)(B) or (h)(2)(C)”;
in section 1728(d), as redesignated by subsection (b)(4), by striking “section 1725(f)(1)” and inserting “section 1725(h)(1)”;
in section 1781(a)(4), by striking “section 1725(f)” and inserting “section 1725(h)”; and
in section 1787(b)(3), by striking “section 1725(f)” and inserting “section 1725(h)”.