TITLE I—HEALTH CARE MATTERS
SEC. 101. SHORT TITLE.
This title may be cited as the “Janey Ensminger Act.”
SEC. 102. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS STATIONED AT CAMP LEJEUNE, NORTH CAROLINA.
(a) Hospital Care and Medical Services for Veterans—
(1) IN GENERAL—Paragraph (1) of section 1710(e) is amended by adding at the end the following new subparagraph:
“(F) Subject to paragraph (2), a veteran who served on active duty in the Armed Forces at Camp Lejeune, North Carolina, for not fewer than 30 days during the period beginning on January 1, 1957, and ending on December 31, 1987, is eligible for hospital care and medical services under subsection (a)(2)(F) for any of the following illnesses or conditions, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such service:
“(i) Esophageal cancer.
“(ii) Lung cancer.
“(iii) Breast cancer.
“(iv) Bladder cancer.
“(v) Kidney cancer.
“(vii) Multiple myeloma.
“(viii) Myleodysplasic syndromes.
“(ix) Renal toxicity.
“(x) Hepatic steatosis.
“(xi) Female infertility.
“(xiv) Neurobehavioral effects.
“(xv) Non-Hodgkin’s lymphoma.”
(2) LIMITATION—Paragraph (2)(B) of such section is amended by striking “or (E)” and inserting “(E), or (F).”
(b) Family Members—
(1) IN GENERAL—Subchapter VIII of chapter 17 is amended by adding at the end the following new section:
—“Sec. 1787. Health care of family members of veterans stationed at Camp Lejeune, North Carolina
“(a) In General—Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.
“(b) Limitations—(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.
“(2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.
“(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health—plan contracts (as defined in such section).”
(2) CLERICAL AMENDMENT—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1786 the following new item:
“1787. Health care of family members of veterans stationed at Camp Lejeune, North Carolina.”
(c) Annual Reports—
(1) IN GENERAL—Not later than December 31 of each of 2013, 2014, and 2015, the Secretary of Veterans Affairs shall submit to the Committee on Veterans” Affairs of the Senate and the Committee on Veterans” Affairs of the House of Representatives a report on the care and services provided under sections 1710(e) (1)(F) and 1787 of title 38, United States Code (as added by subsections (a) and (b)(1), respectively).
(2) ELEMENTS—Each report under paragraph (1) shall set forth the following:
(A) The number of veterans and family members provided hospital care and medical services under the provisions of law specified in paragraph (1) during the period beginning on October 1, 2012, and ending on the date of such report.
(B) The illnesses, conditions, and disabilities for which care and services have been provided such veterans and family members under such provisions of law during that period.
(C) The number of veterans and family members who applied for care and services under such provisions of law during that period but were denied, including information on the reasons for such denials.
(D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report.
(d) Effective Date—
(1) IN GENERAL—The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act.
(2) APPLICABILITY—Subparagraph (F) of section 1710(e)(1) of such title, as added by subsection (a), and section 1787 of title 38, United States Code, as added by subsection (b)(1), shall apply with respect to hospital care and medical services provided on or after the date of the enactment of this Act.
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