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elleng

(130,865 posts)
Tue Sep 10, 2019, 11:31 PM Sep 2019

Court rules VA must reimburse veterans for emergency care at non-VA centers.

Source: The Hill

A federal court has ruled against a regulation issued by the Department of Veterans Affairs that allowed the department to block reimbursements from veterans who received emergency medical care at non-VA facilities, NBC News reports.

According to the publication, the U.S. Court of Appeals for Veterans Claims handed down the ruling on Monday, in which it found that the department had violated federal law by issuing a rule last year that blocked it from reimbursing veterans for emergency medical care costs at non-VA facilities.

The ruling, which found that the department had wrongfully denied reimbursements to veterans under the 2018 rule, reportedly comes years after the department found itself in hot water for another regulation that blocked coverage benefits to veterans for emergency claims if their insurance covered a portion of the costs.

At the time in 2015, the same court also reportedly found that the department had violated the same federal law with the regulation.

Read more: https://thehill.com/regulation/court-battles/460837-court-rules-va-must-reimburse-veterans-for-emergency-care-at-non-va?

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Court rules VA must reimburse veterans for emergency care at non-VA centers. (Original Post) elleng Sep 2019 OP
Right on! denbot Sep 2019 #1
Some VA hospitals do not have a full emergency room anymore... More of a doc-in-a-box clinic. keithbvadu2 Sep 2019 #2
the prior violation suggests the DVA should have a right of subrogation against private insurers soryang Sep 2019 #3
Sounds good. elleng Sep 2019 #4

keithbvadu2

(36,775 posts)
2. Some VA hospitals do not have a full emergency room anymore... More of a doc-in-a-box clinic.
Wed Sep 11, 2019, 08:46 AM
Sep 2019

Some VA hospitals do not have a full emergency room anymore... More of a doc-in-a-box clinic.

soryang

(3,299 posts)
3. the prior violation suggests the DVA should have a right of subrogation against private insurers
Thu Sep 12, 2019, 11:22 AM
Sep 2019

If a vet needs to go to the emergency room but has partial insurance coverage, such as a policy with a large deductible, and the VA is billed for the veteran's treatment, the VA should assert a right of recovery against the insurer or the hospital if it has been paid by the insurer to the extent of the policy coverage. This is the way the armed forces used to do it for active service members.

I don't know what the legal relationships are now but government agencies should have a right of recovery against liable private insurers when they pay the bill and stand in the shoes of the insured.

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