Eligibility of a member of the National Guard who incurs a disability while performing State active duty for health care furnished by the Secretary of Veterans Affairs

(a) Establishment Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1789A. Health care for members of the National Guard who incur disabilities while performing State active duty (a) In general Subject to subsection (b), a member of the National Guard who incurs a disability while performing State active duty shall be eligible for hospital care and medical services furnished by the Secretary to treat such disability and any illness or condition arising from such disability. (b) Limitation (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) The Secretary may provide reimbursement for hospital care or medical services provided to an individual under this section only after the individual or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the individual 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). (c) State active duty defined In this section, the term State active duty has the meaning given that term in section 4303 of this title.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1789 the following new item: 1789A. Health care for members of the National Guard who incur disabilities while performing State active duty..