text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Veterans Emergency Treatment Act'' 
  or the ``VET Act''.
  
  SEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE 
                SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS.
  
      (a) In General.--Chapter 17 of title 38, United States Code, is 
  amended by inserting after section 1730A the following new section:
  ``Sec. 1730B. Examination and treatment for emergency medical 
                conditions and women in labor
      ``(a) Medical Screening Examinations.--In carrying out this 
  chapter, if any enrolled veteran requests, or a request is made on 
  behalf of the veteran, for examination or treatment for a medical 
  condition, regardless of whether such condition is service-connected, 
  at a hospital emergency department of a medical facility of the 
  Department, the Secretary shall ensure that the veteran is provided an 
  appropriate medical screening examination within the capability of the 
  emergency department, including ancillary services routinely available 
  to the emergency department, to determine whether an emergency medical 
  condition exists.
      ``(b) Necessary Stabilizing Treatment for Emergency Medical 
  Conditions and Labor.--(1) If an enrolled veteran comes to a medical 
  facility of the Department and the Secretary determines that the 
  veteran has an emergency medical condition, the Secretary shall provide 
  either--
              ``(A) such further medical examination and such treatment 
          as may be required to stabilize the medical condition; or
              ``(B) for the transfer of the veteran to another medical 
          facility of the Department or a non-Department facility in 
          accordance with subsection (c).
      ``(2) The Secretary is deemed to meet the requirement of paragraph 
  (1)(A) with respect to an enrolled veteran if the Secretary offers the 
  veteran the further medical examination and treatment described in such 
  paragraph and informs the veteran (or an individual acting on behalf of 
  the veteran) of the risks and benefits to the veteran of such 
  examination and treatment, but the veteran (or individual) refuses to 
  consent to the examination and treatment. The Secretary shall take all 
  reasonable steps to secure the written informed consent of such veteran 
  (or individual) to refuse such examination and treatment.
      ``(3) The Secretary is deemed to meet the requirement of paragraph 
  (1) with respect to an enrolled veteran if the Secretary offers to 
  transfer the individual to another medical facility in accordance with 
  subsection (c) of this section and informs the veteran (or an 
  individual acting on behalf of the veteran) of the risks and benefits 
  to the veteran of such transfer, but the veteran (or individual) 
  refuses to consent to the transfer. The hospital shall take all 
  reasonable steps to secure the written informed consent of such veteran 
  (or individual) to refuse such transfer.
      ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) If an 
  enrolled veteran at a medical facility of the Department has an 
  emergency medical condition that has not been stabilized, the Secretary 
  may not transfer the veteran to another medical facility of the 
  Department or a non-Department facility unless--
              ``(A)(i) the veteran (or a legally responsible individual 
          acting on behalf of the veteran), after being informed of the 
          obligation of the Secretary under this section and of the risk 
          of transfer, requests in writing a transfer to another medical 
          facility;
              ``(ii) a physician has signed a certification (including a 
          summary of the risks and benefits) that, based upon the 
          information available at the time of transfer, the medical 
          benefits reasonably expected from the provision of appropriate 
          medical treatment at another medical facility outweigh the 
          increased risks to the veteran and, in the case of labor, to 
          the unborn child from effecting the transfer; or
              ``(iii) if a physician is not physically present in the 
          emergency department at the time a veteran is transferred, a 
          qualified medical person (as defined by the Secretary in 
          regulations) has signed a certification described in clause 
          (ii) after a physician, in consultation with the person, has 
          made the determination described in such clause, and 
          subsequently countersigns the certification; and
              ``(B) the transfer is an appropriate transfer as described 
          in paragraph (2).
      ``(2) An appropriate transfer to a medical facility is a transfer--
              ``(A) in which the transferring medical facility provides 
          the medical treatment within the capacity of the facility that 
          minimizes the risks to the health of the enrolled veteran and, 
          in the case of a woman in labor, the health of the unborn 
          child;
              ``(B) in which the receiving facility--
                      ``(i) has available space and qualified personnel 
                  for the treatment of the veteran; and
                      ``(ii) has agreed to accept transfer of the veteran 
                  and to provide appropriate medical treatment;
              ``(C) in which the transferring facility sends to the 
          receiving facility all medical records (or copies thereof), 
          related to the emergency condition for which the veteran has 
          presented, available at the time of the transfer, including 
          records related to the emergency medical condition of the 
          veteran, observations of signs or symptoms, preliminary 
          diagnosis, treatment provided, results of any tests and the 
          informed written consent or certification (or copy thereof) 
          provided under paragraph (1)(A), and the name and address of 
          any on-call physician (described in subsection (d)(1)(C) of 
          this section) who has refused or failed to appear within a 
          reasonable time to provide necessary stabilizing treatment;
              ``(D) in which the transfer is effected through qualified 
          personnel and transportation equipment, as required including 
          the use of necessary and medically appropriate life support 
          measures during the transfer; and
              ``(E) that meets such other requirements as the Secretary 
          may find necessary in the interest of the health and safety of 
          veterans transferred.
      ``(d) Charges.--(1) Nothing in this section may be construed to 
  affect any charges that the Secretary may collect from a veteran or 
  third party.
      ``(2) The Secretary shall treat any care provided by a non-
  Department facility pursuant to this section as care otherwise provided 
  by a non-Department facility pursuant to this chapter for purposes of 
  paying such non-Department facility for such care.
      ``(e) Nondiscrimination.--A medical facility of the Department or a 
  non-Department facility, as the case may be, that has specialized 
  capabilities or facilities (such as burn units, shock-trauma units, 
  neonatal intensive care units, or (with respect to rural areas) 
  regional referral centers as identified by the Secretary in regulation) 
  shall not refuse to accept an appropriate transfer of an enrolled 
  veteran who requires such specialized capabilities or facilities if the 
  facility has the capacity to treat the veteran.
      ``(f) No Delay in Examination or Treatment.--A medical facility of 
  the Department or a non-Department facility, as the case may be, may 
  not delay provision of an appropriate medical screening examination 
  required under subsection (a) or further medical examination and 
  treatment required under subsection (b) of this section in order to 
  inquire about the method of payment or insurance status of an enrolled 
  veteran.
      ``(g) Whistleblower Protections.--The Secretary may not take 
  adverse action against an employee of the Department because the 
  employee refuses to authorize the transfer of an enrolled veteran with 
  an emergency medical condition that has not been stabilized or because 
  the employee reports a violation of a requirement of this section.
      ``(h) Definitions.--In this section:
              ``(1) The term `emergency medical condition' means--
                      ``(A) a medical condition manifesting itself by 
                  acute symptoms of sufficient severity (including severe 
                  pain) such that the absence of immediate medical 
                  attention could reasonably be expected to result in--
                              ``(i) placing the health of the enrolled 
                          veteran (or, with respect to an enrolled 
                          veteran who is a pregnant woman, the health of 
                          the woman or her unborn child) in serious 
                          jeopardy;
                              ``(ii) serious impairment to bodily 
                          functions; or
                              ``(iii) serious dysfunction of any bodily 
                          organ or part; or
                      ``(B) with respect to an enrolled veteran who is a 
                  pregnant woman having contractions--
                              ``(i) that there is inadequate time to 
                          effect a safe transfer to another hospital 
                          before delivery; or
                              ``(ii) that transfer may pose a threat to 
                          the health or safety of the woman or the unborn 
                          child.
              ``(2) The term `enrolled veteran' means a veteran who is 
          enrolled in the health care system established under section 
          1705(a) of this title.
              ``(3) The term `to stabilize' means, with respect to an 
          emergency medical condition described in paragraph (1)(A), to 
          provide such medical treatment of the condition as may be 
          necessary to assure, within reasonable medical probability, 
          that no material deterioration of the condition is likely to 
          result from or occur during the transfer of the enrolled 
          veteran from a facility, or, with respect to an emergency 
          medical condition described in paragraph (1)(B), to deliver 
          (including the placenta).
              ``(4) The term `stabilized' means, with respect to an 
          emergency medical condition described in paragraph (1)(A), that 
          no material deterioration of the condition is likely, within 
          reasonable medical probability, to result from or occur during 
          the transfer of the individual from a facility, or, with 
          respect to an emergency medical condition described in 
          paragraph (1)(B), that the woman has delivered (including the 
          placenta).
              ``(5) The term `transfer' means the movement (including the 
          discharge) of an enrolled veteran outside the facilities of a 
          medical facility of the Department at the direction of any 
          individual employed by (or affiliated or associated, directly 
          or indirectly, with) the Department, but does not include such 
          a movement of an individual who--
                      ``(A) has been declared dead; or
                      ``(B) leaves the facility without the permission of 
                  any such person.''.
      (b) Clerical Amendment.--The table of sections of such chapter is 
  amended by inserting after the item relating to section 1730A the 
  following new item:
  
  ``1730B. Examination and treatment for emergency medical conditions and 
                              women in labor.''.
target: Veterans Emergency Treatment Act or the VET Act This bill requires that a veteran enrolled in the Department of Veterans Affairs (VA) health care program who requests a medical examination or treatment at an emergency department of a VA medical facility be provided with a medical screening examination to determine whether an emergency medical condition exists and, if so, stabilizing medical treatment or a transfer to another VA or non-VA medical facility. If a non-stabilized emergency medical condition exists, the VA hospital may not transfer the veteran unless: (1) the veteran, after being made aware of the risks, makes a written transfer request; or (2) a physician (or a qualified medical person if a physician is not present) certifies that the medical benefits of a transfer outweigh the risks. The VA may not take adverse action against a VA employee because the employee refuses to authorize the transfer of an enrolled veteran with a non-stabilized emergency medical condition or because the employee reports a violation of a requirement of this bill.  A VA or non-VA medical facility may not delay provision of an appropriate medical screening examination or further medical examination and treatment required in order to inquire about the payment method or insurance status of an enrolled veteran.
feat_title: Veterans Emergency Treatment Act