Veterans' Emergency Care Fairness Act of 2009 - Revises provisions concerning the authority of the Secretary of Veterans Affairs to reimburse a veteran for the cost of emergency care provided in a non-Department of Veterans Affairs (VA) facility to provide that, if the veteran has contractual or legal recourse against a third party that would, in part, extinguish the veteran's liability to the provider of the emergency treatment and payment for the treatment may be made by both the VA and the third party, the amount payable by the VA shall be that which exceeds the cost payable by the third party.
Includes as third parties: (1) the Secretary of Health and Human Services, with respect to the Medicare program under title XVIII of the Social Security Act; and (2) a state Medicaid agency with respect to payments under title XIX of such Act.
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