S. 544 — An Act to amend the Veterans Access, Choice, and Accountability Act of 2014 to modify the termination date for the Veterans Choice Program, and for other purposes.
April 19, 2017
Summary
(Sec. 1) This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to eliminate the August 7, 2017, sunset date for the Veterans Choice Program, thus allowing the program to operate until all of the money in the Veterans Choice Fund is expended.
(Sec. 2) The bill makes the Department of Veterans Affairs (VA) the primary payer (currently the VA is the secondary payer) for medical care relating to non-service connected disabilities and recovery of costs from third parties for certain care under the program.
(Sec. 3) The VA may share medical information with a non-VA entity (including private entities and other federal agencies) that provides veterans with authorized hospital care or medical services. Such entity may not redisclose or use such information for a purpose other than that for which the disclosure was made.
Bill summaries are authored by CRS.
One Hundred Fifteenth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen
An Act
To amend the Veterans Access, Choice, and Accountability Act of 2014 to modify the termination date for the Veterans Choice Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF TERMINATION DATE FOR VETERANS CHOICE PROGRAM.
Section 101(p)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended by striking ‘‘, or the date that is 3 years after the date of the enactment of this Act, whichever occurs first’’.
SEC. 2. ELIMINATION OF REQUIREMENT TO ACT AS SECONDARY PAYER FOR CARE RELATING TO NON-SERVICE-CONNECTED DISABILITIES AND RECOVERY OF COSTS FOR CERTAIN CARE UNDER CHOICE PROGRAM.
(a) IN GENERAL. — Section 101(e) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C.
1701 note) is amended —
(1) in the subsection heading, by striking ‘‘OTHER HEALTHCARE PLAN’’ and inserting ‘‘RESPONSIBILITY FOR COSTS OF CERTAIN
CARE’’;
(2) in paragraph (1), in the paragraph heading, by striking ‘‘TO SECRETARY’’ and inserting ‘‘ON HEALTH-CARE PLANS’’;
(3) by striking paragraphs (2) and (3);
(4) by redesignating paragraph (4) as paragraph (2); and
(5) by adding at the end the following new paragraph:
‘‘(3) RECOVERY OF COSTS FOR CERTAIN CARE. —
‘‘(A) IN GENERAL. — In any case in which an eligible veteran is furnished hospital care or medical services under this section for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, or for a condition for which recovery is authorized or with respect to which the United States is deemed to be a third party beneficiary under Public Law 87–693, commonly known as the ‘Federal Medical Care Recovery Act’ (42 U.S.C. 2651 et seq.), the Secretary shall recover or collect from a third party (as defined in subsection (i) of such section 1729) reasonable charges for such care or services to the extent that the veteran (or the provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States.
‘‘(B) USE OF AMOUNTS. — Amounts collected by the Secretary under subparagraph (A) shall be deposited in the Medical Community Care account of the Department. Amounts so deposited shall remain available until expended.’’.
(b) CONFORMING AMENDMENT. — Paragraph (1) of such section is amended by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’.
SEC. 3. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.
Section 7332(b)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:
‘‘(H)(i) To a non-Department entity (including private entities and other Federal agencies) that provides hospital care or medical services to veterans as authorized by the Secretary.
‘‘(ii) An entity to which a record is disclosed under this subparagraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.’’.
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