Page:United States Statutes at Large Volume 113 Part 3.djvu/36

 113 STAT. 1554 PUBLIC LAW 106-117—NOV. 30, 1999 Regulations. Regulations. "(B) to the person or organization that paid for such treatment on behalf of the veteran. "(b) ELIGIBILITY. — (1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility. "(2) A veteran is an active Department health-care participant if— "(A) the veteran is enrolled in the health care system established under section 1705(a) of this title; and "(B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment. "(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran— "(A) is financially liable to the provider of emergency treatment for that treatment; "(B) has no entitlement to care or services under a heedthplan contract (determined, in the case of a health-plan contract as defined in subsection (f)(2)(B) or (f)(2)(C), without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States); "(C) has no other contractual or legal recourse against a third party that would, in whole or in part, extinguish such liability to the provider; and "(D) is not eligible for reimbursement for medical care or services under section 1728 of this title. "(c) LIMITATIONS ON REIMBURSEMENT.— (1) The Secretary, in accordance with regulations prescribed by the Secretary, shall— "(A) establish the maximum amount payable under subsection (a); "(B) delineate the circumstances under which such pay- ments may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and "(C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable. "(2) Subject to paragraph (1), the Secretsiry may provide reimbursement under this section only after the veteran or the provider of emergency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment. "(3) Payment by the Secretary under this section on behalf of a veteran to a provider of emergency treatment shall, unless rejected and refunded by the provider within 30 days of receipt, extinguish any Uability on the part of the veteran for that treatment. Neither the absence of a contract or agreement between the Secretary and the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirement in the preceding sentence. "(d) INDEPENDENT RIGHT OF RECOVERY. —(1) In accordance with regulations prescribed by the Secretary, the United States shall have the independent right to recover any amount paid under this section when, and to the extent that, a third party subsequently makes a payment for the same emergency treatment.

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