Blumenthal bill would reimburse VA patients for out-of-network costs

(The Center Square) – U.S. Sen. Richard Blumenthal, D-Conn., has introduced legislation that could see veterans receive reimbursement for emergency health care claims that fall outside the Veterans Affairs care network.

“This bill compels the VA to pay for emergency care – as it should have done long ago without a new law,” Blumenthal said of the Veterans Emergency Care Reimbursement Act in a news release. “It’s simple fairness and common sense that emergency care should be covered, at a time when care is most critical, just like other medical treatment. Two separate courts have found the VA to be acting illegally as it continues to deny paying for hundreds of thousands of veterans’ emergency room care.

“Congress must step in to right this legal and moral failure, ensuring our veterans get the support they deserve.”

It’s simple fairness & common sense that veterans’ emergency health care expenses be covered by the VA when they aren’t covered by private insurance. I’m proud to lead legislation w/ @RepDebDingell to right the legal & moral failure of making our vets foot the bill. pic.twitter.com/b1pYe50aja— Richard Blumenthal (@SenBlumenthal) August 12, 2021

The American Legion, in February, joined five other veteran service organizations in sending a letter to Denis McDonough, the Department of Veterans Affairs secretary, urging the newly appointed secretary to reimburse veterans for such emergency medical expenses.

The Feb. 12 letter, according to a news release posted on The American Legion website, states, “we hope you will put into practice the philosophy you espoused during your recent confirmation hearing. … We hope this is certainly true when it comes to the VA’s reimbursement of emergency medical expenses by veterans at non-VA facilities.”

Blumenthal said in the news release that “no veteran should ever have to worry about whether they can afford costly medical expenses, especially when it comes to an emergency. Yet, the VA is currently disregarding court rulings and continuing to deny veterans’ reimbursement claims for any non-VA emergency expense.”

“With the Veterans Emergency Care Reimbursement Act, we can address this inexcusable issue head-on and ensure that those who put their lives on the line for us are receiving the proper support and care they deserve through the VA,” Blumenthal said.

Blumenthal said veterans apply for reimbursement each year, and the VA has always reimbursed emergency expenses for veterans who don’t have health insurance.

“However, for over a decade the VA has refused to pay for emergency care expenses if the veterans have other health insurance,” Blumenthal said. “This leaves insured veterans on the hook to pay deductibles and coinsurance, which can amount to thousands of dollars for just one episode of care.”

The legislation has been co-sponsored by U.S. Sens. Tammy Baldwin, D-Wis., Sherrod Brown, D-Ohio, and Mazie Hirono, D-Hawaii, in the Senate.

The legislation cites two decisions – 2016 Staab v. McDonald and 2019 Wolfe v. Wilkie – that ruled the VA was responsible for reimbursing veterans’ emergency medical bills. The bill has been endorsed by the National Veterans Legal Services Program, Paralyzed Veterans of America and America’s Warrior Partnership.

“We are grateful for the commitment and efforts of Senators Blumenthal and Rep. Dingell and Members of Congress to introduce this bill to right a terrible wrong for the hundreds of thousands of veterans who have endured needless financial hardships because of the VA’s illegal treatment of their emergency reimbursement claims,” NVLSP Executive Director Paul Wright said.

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