Introduction of the Veterans Emergency Treatment Act

Floor Speech

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Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce my legislation, the Veterans Emergency Treatment Act. This important and necessary legislation would ensure that every enrolled veteran is afforded the highest level of emergency care at every emergency-capable medical facility under the jurisdiction of the Department of Veterans' Affairs (VA). It would accomplish this by applying the statutory requirements of the Emergency Treatment and Labor Act (EMTALA) to emergency care furnished by the VA to enrolled veterans.

EMTALA, designed to prevent hospitals from transferring, or ``dumping,'' uninsured patients at public hospitals requires 1) a hospital to conduct a medical examination to determine if an emergency medical condition exists; 2) if such condition exists, the hospital must either stabilize the patient or comply with the statutory requirements of a proper transfer; and 3) if an emergency medical condition exists and has not been stabilized, the hospital may not transfer the patient unless the patient, after being made aware of the risks, makes a transfer request in writing or a physician certifies that the medical benefits of a transfer outweigh the risks.

EMTALA grants every individual a right to emergency care. While a 2007 Veterans Health Administration (VHA) directive indicates that the VA complies with the intent of the EMTALA requirements, VA hospitals are ``non- participating'' hospitals and are therefore not obligated to fulfill EMTALA requirements. It is has become abundantly clear that the VA is not fulfilling the EMTALA directive. All too frequently, the policy is to turn down those who try to access an emergency room. It happened to my constituent, 64-year-old Army veteran Donald Siefken, when the Seattle VA refused to assist him from his car into the emergency room. Last year in New Mexico, a veteran died when the VA refused to transport him the 500 yards to the emergency room. This is not a new issue. These incidents have been documented as far back as 2006, yet the VA has yet to change their policy, and Congress must act.

Put simply, my commonsense and straightforward legislation would ensure that every enrolled veteran who arrives at the emergency department of a VA medical facility and indicates an emergency condition exists, is assessed and treated in an effort to prevent further injury or death.

I urge all members to join me in supporting this legislation. This is common sense legislation to ensure our veterans are treated fairly.

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