This bill establishes Department of Veterans Affairs health care for family members and civilians exposed to toxic substances at military locations where veterans have presumptive service-connected illnesses.
Julia Brownley
Representative
CA-26
This bill establishes the Supporting Military Families Exposed to Toxic Substances Act to provide Department of Veterans Affairs (VA) health care to certain family members and civilians exposed to environmental hazards at military locations where veterans already have a presumption of service-connection for related illnesses. Eligibility requires residence or work at the specified location during the relevant time period and demonstration of exposure to the qualifying condition. Care is contingent upon specific Congressional funding and the exhaustion of all other third-party payment remedies.
The new Supporting Military Families Exposed to Toxic Substances Act aims to expand VA healthcare access to family members and civilians who lived or worked at military bases known for toxic exposure. This is a big deal for the spouses, children, and base employees who got sick from contamination but have historically been left out of VA benefits.
This bill creates a new program under the Department of Veterans Affairs (VA) to provide hospital care and medical services to individuals suffering from illnesses tied to toxic exposure at specific military locations. The key is that the location must already be one where the VA grants veterans a “presumption of service-connection” for a related illness—think places like Camp Lejeune or others where environmental contamination was established. If you lived, worked, or were in utero while your mother resided at one of these sites during the relevant time period, and can show exposure to the same environmental condition, you might be eligible for care for a “covered illness or condition.” Essentially, if the VA presumes the illness came from the base for a veteran, they’ll now consider it for the family member or civilian, too.
While this sounds like a straight shot to getting necessary care, the bill has two major speed bumps that could make access difficult. First, the care is only provided "to the extent that funding is specifically provided in advance by Congress through appropriations acts." Translation: Congress has to specifically allocate the money for this program every year. It’s not an automatic entitlement, which means access could be severely limited or even cut off if funding dries up. This isn't just a technicality; it’s a huge vulnerability for the program.
Second, before the VA pays a dime, the individual or their health care provider must "exhaust all reasonable claims and remedies for payment against any responsible third party," which includes your private health insurance. If you have insurance, you have to use it first. For someone dealing with a serious, chronic illness, having to fight with insurance companies and prove they’ve exhausted all options before the VA steps in could mean significant delays in getting specialized treatment. Imagine having to wait for months while your insurance plan and the VA bureaucracy argue over who pays first.
The bill also gives the VA Under Secretary for Health the power to deny care if they determine the illness resulted from a cause other than the time spent at the qualifying location. While this provision is meant to prevent misuse, it also grants the VA significant discretionary power. If you lived on the base during the contamination period but the VA decides your specific illness was caused by, say, a genetic predisposition or a later exposure, you could be denied care. This determination process will be critical—and potentially contentious—for applicants.
To keep tabs on how this program rolls out, the VA is required to report back to Congress annually from 2027 through 2029. These reports must detail how many people received care, the illnesses treated, and, crucially, the reasons why applications were denied. This reporting requirement is essential for transparency and for ensuring the program actually serves the people it’s intended to help, rather than just becoming a bureaucratic dead end.