Veterans Emergency Treatment Act

Floor Speech

Date: Sept. 26, 2016
Location: Washington, DC

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Mr. NEWHOUSE. Mr. Speaker, I thank the gentleman from Florida for yielding me some time to speak on this important bill.

Mr. Speaker, President Abraham Lincoln once famously charged all Americans with the responsibility ``to care for him who shall have borne the battle.'' If you speak with veterans today, you will learn that the quality of health care provided to them, many times, does not reflect this duty.

In recent years, we have learned of multiple incidents in which the VA has failed to provide emergency care to veterans in need. In addition to the incidents that happened in my home State, another notable incident occurred in New Mexico, in the year 2014, when a veteran collapsed in the cafeteria of a VA facility, and he ultimately died when the VA refused to transport him 500 yards across the campus to the ER.

My legislation will ensure that every enrolled veteran who arrives at the Emergency Department of a VA medical facility and who seeks emergency treatment is assessed and treated in order to prevent further injury or death. This is accomplished by applying the statutory requirements of the Emergency Medical Treatment & Labor Act, or EMTALA, to emergency care that is furnished by the VA to our veterans.

This is a 1986 Federal statute that grants every individual a Federal right to emergency care. It requires a hospital to conduct a medical examination to determine if an emergency medical condition exists. If one does, then the hospital must either stabilize the patient or effectuate a proper transfer at the patient's request. Currently, VA hospitals are considered to be non-participating hospitals and, therefore, are not obligated to fulfill the requirements of EMTALA. The VET Act will remove the non-participating designation from VA hospitals and require them to fulfill the requirements of EMTALA, just as every other hospital does.

Mr. Speaker, I urge the House to support and pass H.R. 3216. It is time we ensure that our veterans receive proper medical treatment during emergency medical situations, all without requiring additional spending.

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