H.R. 4077

119th CONGRESS 1st Session

To amend title 38, United States Code, and the Social Security Act to permit recovery from the Department of Veterans Affairs of costs from Medicare Advantage and Medicare prescription drug plans and to modify the authority for recovery by the United States of reasonable charges for certain care or services furnished to veterans for non-service-connected disabilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · June 23, 2025 · Sponsor: Mr. Doggett

Table of contents

• H.R. 4077
  • 1729C. Cost-recovery from Medicare Advantage and Medicare prescription drug plans.

1729C. Cost-recovery from Medicare Advantage and Medicare prescription drug plans.

• (a) In general
  • Notwithstanding sections 1814(c), 1835(d), and 1862(a)(3) of the Social Security Act (, 1395n(d), and 1395y(a)(3)), if the Secretary provides under this chapter any health care item or service (including for a service-connected disability or a non-service-connected disability) covered under the Medicare program under title XVIII of the Social Security Act (), including outpatient and inpatient care, prescription drugs, medical devices, lab testing, and items or services delivered in post-acute and long-term care settings, to any individual who is enrolled in a Medicare Advantage plan, including an MA–PD plan, offered by a MA organization under part C of such title or a prescription drug plan offered by a PDP sponsor under part D of such title, such organization or sponsor shall, to the extent such item or service is covered under such Medicare Advantage plan or prescription drug plan, reimburse the Secretary for such item or service regardless of any additional documentation, utilization management, or other administrative requirement the plan may impose on the item or service. 42 U.S.C. 1395f(c); 42 U.S.C. 1395 et seq.
• (b) Recovery of amounts
  • (1) In general
    • The Secretary shall recover amounts required to be reimbursed under subsection (a) through the use of procedures under section 1729 of this title to the same extent as those procedures are used to recover amounts authorized to be recovered under that section.
  • (2) Amount and process
    • Except as provided in paragraph (1), recovery under that paragraph of amounts reimbursed under subsection (a) shall be in such an amount, and occur in accordance with such procedures, as the Secretary shall prescribe for purposes of this section.
• (c) Application
  • The provisions of subsection (a) shall apply to Medicare Advantage and prescription drug plan years beginning on or after January 1, 2026.
• (d) Treatment of amounts
  • Amounts reimbursed to the Secretary under subsection (a) shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund under section 1729A of this title.