[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1972 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 1972
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2018
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to waive the requirement of certain veterans to make
copayments for hospital care and medical services in the case of an
error by the Department of Veterans Affairs, 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. SHORT TITLE.
This Act may be cited as the ``VA Billing Accountability Act''.
SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE REQUIREMENT
OF CERTAIN VETERANS TO MAKE COPAYMENTS FOR CARE AND
SERVICES IN THE CASE OF DEPARTMENT OF VETERANS AFFAIRS
ERROR.
(a) Hospital Care, Nursing Home Care, and Medical Services.--
Section 1710(f)(3) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(G) The Secretary may waive the requirement of a veteran to make
a payment under this subsection or subsection (g) if--
``(i) an error committed by the Department or an employee
of the Department was the cause of delaying notification sent
to the veteran of the requirement to make the payment; and
``(ii) the veteran received such notification later than
180 days after the date on which the veteran received the care
or services for which the payment was required.''.
(b) Medications.--Section 1722A of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary may waive the requirement of a veteran to make
a payment under this section if--
``(1) an error committed by the Department or an employee
of the Department was the cause of delaying notification sent
to the veteran of the requirement to make the payment; and
``(2) the veteran received such notification later than 180
days after the date on which the veteran received the
medication for which the payment was required.''.
(c) Billing Procedures.--
(1) In general.--Subchapter I of chapter 17 of such title
is amended by adding at the end the following new section:
``Sec. 1709C. Procedures for copayments
``(a) Care at Department Facility.--(1) In requiring a veteran to
make a payment for care or services provided at a medical facility of
the Department pursuant to this chapter, including sections 1710 and
1722A, the Secretary shall provide to such veteran a notification of
such required payment by not later than 180 days after the date on
which the veteran receives the care or services for which payment is
required.
``(2) If the Secretary does not provide to a veteran a notification
of the required payment by the date required under paragraph (1), the
Secretary may not collect such payment, including through a third-party
entity, unless the Secretary provides the veteran the following:
``(A) Information regarding how to apply for a waiver
described in section 1710(f)(3)(G) or section 1722A(c) of this
title, as appropriate.
``(B) Information regarding how to establish a payment plan
with the Secretary.
``(C) Opportunity to make such a waiver or establish such a
payment plan.
``(b) Care at Non-Department Facility.--(1) In requiring a veteran
to make a payment for care or services provided at a non-Department
facility pursuant to this chapter or other provision of law, the
Secretary shall provide to such veteran a notification of such required
payment by not later than 18 months after the date on which the veteran
receives the care or services for which payment is required.
``(2) If the Secretary does not provide to a veteran a notification
of the required payment by the date required under paragraph (1), the
Secretary may not collect such payment, including through a third-party
entity, unless the Secretary provides the veteran the following:
``(A) Information regarding how to apply for a waiver
described in paragraph (3).
``(B) Information regarding how to establish a payment plan
with the Secretary.
``(C) Opportunity to make such a waiver or establish such a
payment plan.
``(3) The Secretary may waive the requirement of a veteran to make
a payment for care or services provided at a non-Department facility
pursuant to this chapter or other provision of law if--
``(A) an error committed by the Department, an employee of
the Department, or a non-Department facility was the cause of
delaying the notification sent to the veteran of the
requirement to make the payment; and
``(B) the veteran received such notification after the
period described in paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1709B the following new item:
``1709C. Procedures for copayments.''.
(d) Improvement of Procedures.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) review the copayment billing internal controls and
notification procedures of the Department of Veterans Affairs;
and
(2) improve such controls and procedures, including
pursuant to the amendments made by this Act.
Passed the House of Representatives May 21, 2018.
Attest:
KAREN L. HAAS,
Clerk.