12 2 STA T .4 12 3PUBLIC LA W 11 0– 3 87—O CT. 10 , 2008 to t heC o m m i ttee o nV ete ra n s’Af fairs of the S enate an d the Com - mittee on Veterans’ Affairs of the H o u se of R e p resentati v es a report c ontainin g an estimate of the additiona l costs incurred by the D epartment of Veterans Affairs because of this section , including —(1) any costs resulting from increased utili z ation of healthcare services by veterans eligible for travel allo w ances or reimbursements under section 111 of title 38 , U nited States Code
and ( 2 ) the additional costs that would be incurred by the Department should the Secretary e x ercise the authority described in subsection (g)(3) of such section . (d) EF F ECTIV ED A TE.— T he amendments made by this section shall apply with respect to travel expenses incurred after the expira- tion of the 90 -day period that begins on the date of the enactment of this Act. SEC.402 . MAND A TORY RE I M BU RSEMENT O FV ETERANS RECEIVIN G EMERGENCY TREATMENT IN NON - DE P ARTMENT OF VET- ERANS AFFAIRS FACI L ITIES UNTIL TRANSFER TO DEPART- MENT FACILITIES. (a) CE R TAI N VETERAN SW IT HOU T SERVICE-CONNECTE D DIS- A B I L IT Y .—Section 1 7 2 5 is amended— (1) in subsection (a)(1), by stri k ing ‘ ‘may reimburse’’ and inserting ‘‘shall reimburse’’; and (2) in subsection (f)(1), by striking subparagraph (C) and inserting the following new subparagraph (C)
‘‘(C) until— ‘‘(i) such time as the veteran can be transferred safely to a Department facility or other F ederal facility and such facility is capable of accepting such transfer; or ‘‘(ii) such time as a Department facility or other Federal facility accepts such transfer if— ‘‘( I ) at the time the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agreed to accept such transfer; and ‘‘(II) the non-Department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a Department facility or other Federal facility.’’. (b) CERTAIN VETERANS WITH SERVICE-CONNECTED DIS- ABILITY.—Section 1728 is amended— (1) by striking subsection (a) and inserting the following new subsection (a): ‘‘(a) The Secretary shall, under such regulations as the Sec- retary prescribes, reimburse veterans eligible for hospital care or medical services under this chapter for the customary and usual charges of emergency treatment (including travel and incidental expenses under the terms and conditions set forth in section 111 of this title) for which such veterans have made payment, from sources other than the Department, where such emergency treat- ment was rendered to such veterans in need thereof for any of the following: ‘‘(1) An ad j udicated service-connected disability. Regulations.38USC1725 . 38 USC 111 note.
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