38 U.S.C. § 1786 — Care for newborn children of women veterans receiving maternity care

(a) In general. Except as subsection (c) allows, the Secretary^* may provide the health care services in subsection (b), and transportation needed to receive them, to a newborn child^* of a woman veteran^* receiving Department^* maternity care for no more than seven days after birth. The veteran must have delivered at a Department facility, another facility under a Department delivery contract, or another place, including a health care facility, before reaching such a facility.

(b) Covered health care services. These are all post-delivery care the newborn requires, including routine care and necessary care provided by another facility, including a specialty pediatric hospital, that accepts the newborn and responsibility for treatment.

(c) Exception based on medical necessity. Under regulations, the Secretary may provide more than seven days of the services in subsection (b), and needed transportation, when the child needs additional care, including readmission after discharge to protect the child’s health and welfare.

(d) Transportation. (1) Transportation to, from, or between care settings may include costs for the newborn, the parents, or both. (2) It may be by ambulance, including air ambulance, or another medically staffed method: (A) to a facility that accepts the transfer or provides post-delivery care when the treating facility cannot provide what is required; or (B) to a facility for an emergency in which a prudent layperson would reasonably expect delay in immediate care to endanger life or health. (3) The Department pays these amounts from its Medical Services^* appropriations account.

(e) Reimbursement or payment. (1) Under regulations setting rates and limits, the Secretary must directly reimburse a covered entity for covered health care or transportation unless an existing agreement or contract covers the cost; if one exists, its negotiated terms apply. (2)(A) Unless the covered entity rejects and refunds it within 30 days, a Secretary payment for an individual ends that individual’s liability for the covered services. (B) No missing agreement or contrary contract, agreement, or assignment may change, limit, or defeat that rule. (3) “Covered entity” means an individual, transportation carrier, organization, or other entity that provided or paid for covered health care or transportation.