; or (B) such care is furnished after the veteran can be transferred, or is accepted for a transfer, to a facility of the Department of Veterans Affairs or other Federal facility as described in clauses (i) and (ii) of subparagraph (C) of such subsection. (3) Enrollment requirements During the period of a covered public health emergency, in carrying out section 1725 of title 38, United States Code, the Secretary shall determine whether a veteran who receives emergency COVID–19 care is an active Department health care participant under subsection (b) of such section without regard to whether the veteran meets the requirement in paragraph (2)(B) of such subsection. (4) Submission of claims During the period of a covered public health emergency, subsection (b) of section 1703D of title 38, United States Code, shall apply with respect to community care providers furnishing emergency COVID–19 care to veterans pursuant to sections 1725 and 1728 of title 38, United States Code. (c) Primary payer During the period of a covered public health emergency, notwithstanding section 1725 of title 38, United States Code, or any other provision of law, the Secretary of Veterans Affairs shall be the primary payer with respect to COVID–19 care furnished to veterans, including with respect to the transportation of a veteran by ambulance. The Secretary may seek reimbursement from any third party that would otherwise be liable for such care, or be obligated to provide or to pay the expenses of such care, including pursuant to a health-plan contract. (d) Application This section shall apply to medical care or services furnished during the period of a covered public health emergency, regardless of whether such care or services were furnished before the date of the enactment of this Act. (e) Definitions In this section: (1) The term community care provider has the meaning given the term health care entity or provider in section 1703D(i) of title 38, United States Code. (2) The term covered public health emergency means the declaration—