Sec. 101
Expanded availability of hospital care and medical services for veterans through the use of agreements with non-Department of Veterans Affairs entities
added
(a)
added
Expansion of available care and services—
(1)
added
Furnishing of care—
(A)
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In general— Hospital care and medical services under chapter 17 of title 38, United States Code, shall be furnished to an eligible veteran described in subsection (b), at the election of such veteran, through agreements authorized under subsection (d), or any other law administered by the Secretary of Veterans Affairs, with entities specified in subparagraph (B) for the furnishing of such care and services to veterans.
(B)
added
Entities specified— The entities specified in this subparagraph are the following:
(i)
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Any health care provider that is participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including any physician furnishing services under such program.
(ii)
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Any Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
(iii)
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The Department of Defense.
(iv)
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The Indian Health Service.
(2)
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Choice of provider— An eligible veteran who makes an election under subsection (c) to receive hospital care or medical services under this section may select a provider of such care or services from among the entities specified in paragraph (1)(B) that are accessible to the veteran.
(3)
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Coordination of care and services— The Secretary shall coordinate, through the Non-VA Care Coordination Program of the Department of Veterans Affairs, the furnishing of care and services under this section to eligible veterans, including by ensuring that an eligible veteran receives an appointment for such care and services within the wait-time goals of the Veterans Health Administration for the furnishing of hospital care and medical services.
(b)
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Eligible veterans— A veteran is an eligible veteran for purposes of this section if—
(A)
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as of August 1, 2014, the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code, including any such veteran who has not received hospital care or medical services from the Department and has contacted the Department seeking an initial appointment from the Department for the receipt of such care or services; or
(B)
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the veteran is eligible for hospital care and medical services under section 1710(e)(1)(D) of such title and is a veteran described in section 1710(e)(3) of such title; and
(A)
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attempts, or has attempted, to schedule an appointment for the receipt of hospital care or medical services under chapter 17 of title 38, United States Code, but is unable to schedule an appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or services;
(B)
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resides more than 40 miles from the medical facility of the Department, including a community-based outpatient clinic, that is closest to the residence of the veteran;
(i)
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in a State without a medical facility of the Department that provides—
(II)
added
emergency medical services; and
(III)
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surgical care rated by the Secretary as having a surgical complexity of standard; and
(ii)
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more than 20 miles from a medical facility of the Department described in clause (i); or
(i)
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resides in a location, other than a location in Guam, American Samoa, or the Republic of the Philippines, that is 40 miles or less from a medical facility of the Department, including a community-based outpatient clinic; and
(I)
added
is required to travel by air, boat, or ferry to reach each medical facility described in clause (i) that is 40 miles or less from the residence of the veteran; or
(II)
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faces an unusual or excessive burden in accessing each medical facility described in clause (i) that is 40 miles or less from the residence of the veteran due to geographical challenges, as determined by the Secretary.
(c)
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Election and authorization—
(1)
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In general— In the case of an eligible veteran described in subsection (b)(2)(A), the Secretary shall, at the election of the eligible veteran—
(A)
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place such eligible veteran on an electronic waiting list described in paragraph (2) for an appointment for hospital care or medical services the veteran has elected to receive under this section; or
(i)
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authorize that such care or services be furnished to the eligible veteran under this section for a period of time specified by the Secretary; and
(ii)
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notify the eligible veteran by the most effective means available, including electronic communication or notification in writing, describing the care or services the eligible veteran is eligible to receive under this section.
(2)
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Electronic waiting list— The electronic waiting list described in this paragraph shall be maintained by the Department and allow access by each eligible veteran via www.myhealth.va.gov or any successor website for the following purposes:
(A)
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To determine the place of such eligible veteran on the waiting list.
(B)
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To determine the average length of time an individual spends on the waiting list, disaggregated by medical facility of the Department and type of care or service needed, for purposes of allowing such eligible veteran to make an informed election under paragraph (1).
(d)
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Care and services through agreements—
(A)
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In general— The Secretary shall enter into agreements for furnishing care and services to eligible veterans under this section with entities specified in subsection (a)(1)(B).
(B)
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Agreement defined— In this paragraph, the term agreement includes contracts, intergovernmental agreements, and provider agreements, as appropriate.
(2)
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Rates and reimbursement—
(A)
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In general— In entering into an agreement under paragraph (1) with an entity specified in subsection (a)(1)(B), the Secretary shall—
(i)
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negotiate rates for the furnishing of care and services under this section; and
(ii)
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reimburse the entity for such care and services at the rates negotiated pursuant to clause (i) as provided in such agreement.
(B)
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Limit on rates—
(i)
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In general— Except as provided in clause (ii), rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for the same care or services.
(I)
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In general— The Secretary may negotiate a rate that is more than the rate paid by the United States as described in clause (i) with respect to the furnishing of care or services under this section to an eligible veteran who resides in a highly rural area.
(II)
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Highly rural area defined— In this clause, the term highly rural area means an area located in a county that has fewer than seven individuals residing in that county per square mile.
(C)
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Limit on collection— For the furnishing of care or services pursuant to an agreement under paragraph (1), an entity specified in subsection (a)(1)(B) may not collect any amount that is greater than the rate negotiated pursuant to subparagraph (A)(i).
(3)
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Certain procedures—
(A)
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In general— In entering into an agreement under paragraph (1) with an entity described in subparagraph (B), the Secretary may use the procedures, including those procedures relating to reimbursement, available for entering into provider agreements under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)) and participation agreements under section 1842(h) of such Act (42 U.S.C. 1395u(h)). During the period in which such entity furnishes care or services pursuant to this section, such entity may not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor by virtue of furnishing such care or services.
(B)
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Entities described— The entities described in this subparagraph are the following:
(i)
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In the case of the Medicare program, any provider of services that has entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)) and any physician or other supplier who has entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)); and
(ii)
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In the case of the Medicaid program, any provider participating under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.).
(4)
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Information on policies and procedures— The Secretary shall provide to any entity with which the Secretary has entered into an agreement under paragraph (1) the following:
(A)
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Information on applicable policies and procedures for submitting bills or claims for authorized care or services furnished to eligible veterans under this section.
(B)
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Access to a telephone hotline maintained by the Department that such entity may call for information on the following:
(i)
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Procedures for furnishing care and services under this section.
(ii)
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Procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section and being reimbursed for furnishing such care and services.
(iii)
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Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services.
(e)
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Other health-Care plan—
(1)
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Submittal of information to Secretary— Before receiving hospital care or medical services under this section, an eligible veteran shall provide to the Secretary information on any health-care plan described in paragraph (4) under which the eligible veteran is covered.
(2)
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Disclosure of information to non-Department entity— Notwithstanding section 5701 of title 38, United States Code, for purposes of furnishing hospital care or medical services to an eligible veteran under this section, the Secretary shall disclose to the entity specified in paragraph (1)(B) of subsection (a) with which the Secretary has entered into an agreement described in such subsection—
(A)
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whether the eligible veteran is covered under a health-care plan described in paragraph (4); and
(B)
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whether the hospital care or medical services sought by the eligible veteran is for a medical condition that is related to a non-service-connected disability described in paragraph (3)(C).
(3)
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Care for which the Department is secondarily responsible—
(A)
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In general— If an eligible veteran is covered under a health-care plan described in paragraph (4) and receives hospital care or medical services for a non-service-connected disability described in subparagraph (C), such health-care plan shall be primarily responsible for paying for such care or services, to the extent such care or services is covered by such health-care plan, and the Secretary shall be secondarily responsible for paying for such care or services in accordance with subparagraph (B)(ii).
(B)
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Responsibility for costs of care— In a case in which the Secretary is secondarily responsible for paying for hospital care or medical services as described in subparagraph (A)—
(i)
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the health care provider that furnishes such care or services pursuant to an agreement described in subsection (a) shall be responsible for seeking reimbursement for the cost of such care or services from the health-care plan described in paragraph (4) under which the eligible veteran is covered; and
(ii)
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the Secretary shall be responsible for promptly paying only the amount that is not covered by such health-care plan, except that such responsibility for payment may not exceed the rate determined for such care or services pursuant to subsection (d)(2).
(C)
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Non-service-connected disability described— A non-service-connected disability described in this subsection is a non-service-connected disability (as defined in section 101 of title 38, United States Code)—
(i)
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that is incurred incident to a veteran’s employment and that is covered under a workers’ compensation law or plan that provides for payment for the cost of health care and services provided to the veteran by reason of the disability;
(ii)
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that is incurred as the result of a motor vehicle accident to which applies a State law that requires the owners or operators of motor vehicles registered in that State to have in force automobile accident reparations insurance;
(iii)
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that is incurred as the result of a crime of personal violence that occurred in a State, or a political subdivision of a State, in which a person injured as the result of such a crime is entitled to receive health care and services at such State’s or subdivision’s expense for personal injuries suffered as the result of such crime;
(iv)
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that is incurred by a veteran—
(I)
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who does not have a service-connected disability; and
(II)
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who is entitled to care (or payment of the expenses of care) under a health-care plan; or
(v)
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for which care and services are furnished under this section to a veteran who—
(I)
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has a service-connected disability; and
(II)
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is entitled to care (or payment of the expenses of care) under a health-care plan.
(4)
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Health-care plan— A health-care plan described in this paragraph—
(A)
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is an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement not administered by the Secretary of Veterans Affairs, under which health services for individuals are provided or the expenses of such services are paid; and
(B)
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does not include any such policy, contract, agreement, or similar arrangement pursuant to title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.) or chapter 55 of title 10, United States Code.
(f)
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Veterans choice card—
(1)
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In general— For purposes of receiving care and services under this section, the Secretary shall, not later than 90 days after the date of the enactment of this Act, issue to each veteran described in subsection (b)(1) a card that may be presented to a health care provider to facilitate the receipt of care or services under this section.
(2)
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Name of card— Each card issued under paragraph (1) shall be known as a “Veterans Choice Card”.
(3)
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Details of card— Each Veterans Choice Card issued to a veteran under paragraph (1) shall include the following:
(A)
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The name of the veteran.
(B)
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An identification number for the veteran that is not the social security number of the veteran.
(C)
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The contact information of an appropriate office of the Department for health care providers to confirm that care or services under this section are authorized for the veteran.
(D)
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Contact information and other relevant information for the submittal of claims or bills for the furnishing of care or services under this section.
(E)
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The following statement: “This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been authorized.”.
(4)
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Information on use of card— Upon issuing a Veterans Choice Card to a veteran, the Secretary shall provide the veteran with information clearly stating the circumstances under which the veteran may be eligible for care or services under this section.
(g)
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Information on availability of care— The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances:
(1)
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In the case of a veteran described in subsection (b)(1)(B), when the veteran enrolls in the patient enrollment system of the Department under section 1705 of title 38, United States Code.
(2)
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When the veteran attempts to schedule an appointment for the receipt of hospital care or medical services from the Department but is unable to schedule an appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or services.
(3)
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When the veteran becomes eligible for hospital care or medical services under this section under subparagraph (B), (C), or (D) of subsection (b)(2).
(h)
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Follow-Up care— In carrying out this section, the Secretary shall ensure that, at the election of an eligible veteran who receives hospital care or medical services from a health care provider in an episode of care under this section, the veteran receives such hospital care and medical services from such health care provider through the completion of the episode of care (but for a period not exceeding 60 days), including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such hospital care or medical services.
(i)
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Providers— To be eligible to furnish care or services under this section, a health care provider must—
(1)
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maintain at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for purposes of this section; and
(2)
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submit, not less frequently than once each year during the period in which the Secretary is authorized to carry out this section pursuant to subsection (p), verification of such licenses and credentials maintained by such health care provider.
(1)
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In general— The Secretary shall require an eligible veteran to pay a copayment for the receipt of care or services under this section only if such eligible veteran would be required to pay a copayment for the receipt of such care or services at a medical facility of the Department or from a health care provider of the Department pursuant to chapter 17 of title 38, United States Code.
(2)
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Limitation— The amount of a copayment charged under paragraph (1) may not exceed the amount of the copayment that would be payable by such eligible veteran for the receipt of such care or services at a medical facility of the Department or from a health care provider of the Department pursuant to chapter 17 of title 38, United States Code.
(3)
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Collection of copayment— A health care provider that furnishes care or services to an eligible veteran under this section shall collect the copayment required under paragraph (1) from such eligible veteran at the time of furnishing such care or services.
(k)
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Claims processing system—
(1)
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In general— The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and services furnished to eligible veterans under this section.
(2)
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Regulations— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of such system.
(3)
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Oversight— The Chief Business Office of the Veterans Health Administration shall oversee the implementation and maintenance of such system.
(4)
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Accuracy of payment—
(A)
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In general— The Secretary shall ensure that such system meets such goals for accuracy of payment as the Secretary shall specify for purposes of this section.
(B)
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Quarterly report—
(i)
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In general— The Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a quarterly report on the accuracy of such system.
(ii)
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Elements— Each report required by clause (i) shall include the following:
(I)
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A description of the goals for accuracy for such system specified by the Secretary under subparagraph (A).
(II)
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An assessment of the success of the Department in meeting such goals during the quarter covered by the report.
(iii)
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Deadline— The Secretary shall submit each report required by clause (i) not later than 20 days after the end of the quarter covered by the report.
(l)
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Medical records—
(1)
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In general— The Secretary shall ensure that any health care provider that furnishes care or services under this section to an eligible veteran submits to the Department any medical record related to the care or services provided to such eligible veteran by such health care provider for inclusion in the electronic medical record of such eligible veteran maintained by the Department upon the completion of the provision of such care or services to such eligible veteran.
(2)
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Electronic format— Any medical record submitted to the Department under paragraph (1) shall, to the extent possible, be in an electronic format.
(m)
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Tracking of missed appointments— The Secretary shall implement a mechanism to track any missed appointments for care or services under this section by eligible veterans to ensure that the Department does not pay for such care or services that were not furnished to an eligible veteran.
(n)
added
Implementation— Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the implementation of this section and publish such regulations in the Federal Register.
(o)
added
Inspector General report— Not later than 30 days after the date on which the Secretary determines that 75 percent of the amounts deposited in the Veterans Choice Fund established by section 802 have been exhausted, the Inspector General of the Department shall submit to the Secretary a report on the results of an audit of the care and services furnished under this section to ensure the accuracy and timeliness of payments by the Department for the cost of such care and services, including any findings and recommendations of the Inspector General.
(p)
added
Authority To furnish care and services—
(1)
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In general— The Secretary may not use the authority under this section to furnish care and services after the date specified in paragraph (2).
(2)
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Date specified— The date specified in this paragraph is the date on which the Secretary has exhausted all amounts deposited in the Veterans Choice Fund established by section 802, or the date that is 3 years after the date of the enactment of this Act, whichever occurs first.
(3)
added
Publication— The Secretary shall publish such date in the Federal Register and on an Internet website of the Department available to the public not later than 30 days before such date.
(1)
added
Initial report— Not later than 90 days after the publication of the interim final regulations under subsection (n), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following:
(A)
added
The number of eligible veterans who have received care or services under this section.
(B)
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A description of the types of care and services furnished to eligible veterans under this section.
(2)
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Final report— Not later than 30 days after the date on which the Secretary determines that 75 percent of the amounts deposited in the Veterans Choice Fund established by section 802 have been exhausted, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following:
(A)
added
The total number of eligible veterans who have received care or services under this section, disaggregated by—
(i)
added
eligible veterans described in subsection (b)(2)(A);
(ii)
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eligible veterans described in subsection (b)(2)(B);
(iii)
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eligible veterans described in subsection (b)(2)(C); and
(iv)
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eligible veterans described in subsection (b)(2)(D).
(B)
added
A description of the types of care and services furnished to eligible veterans under this section.
(C)
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An accounting of the total cost of furnishing care and services to eligible veterans under this section.
(D)
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The results of a survey of eligible veterans who have received care or services under this section on the satisfaction of such eligible veterans with the care or services received by such eligible veterans under this section.
(E)
added
An assessment of the effect of furnishing care and services under this section on wait times for appointments for the receipt of hospital care and medical services from the Department.
(F)
added
An assessment of the feasibility and advisability of continuing furnishing care and services under this section after the termination date specified in subsection (p).
(r)
added
Rule of construction— Nothing in this section shall be construed to alter the process of the Department for filling and paying for prescription medications.
(s)
added
Wait-Time goals of the Veterans Health Administration—
(1)
added
In general— Except as provided in paragraph (2), in this section, the term wait-time goals of the Veterans Health Administration means not more than 30 days from the date on which a veteran requests an appointment for hospital care or medical services from the Department.
(2)
added
Alternate goals— If the Secretary submits to Congress, not later than 60 days after the date of the enactment of this Act, a report stating that the actual wait-time goals of the Veterans Health Administration are different from the wait-time goals specified in paragraph (1)—
(A)
added
for purposes of this section, the wait-time goals of the Veterans Health Administration shall be the wait-time goals submitted by the Secretary under this paragraph; and
(B)
added
the Secretary shall publish such wait-time goals in the Federal Register and on an Internet website of the Department available to the public.
Sec. 201
Independent assessment of the health care delivery systems and management processes of the Department of Veterans Affairs
added
(a)
added
Independent assessment—
(1)
added
Assessment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into one or more contracts with a private sector entity or entities described in subsection (b) to conduct an independent assessment of the hospital care, medical services, and other health care furnished in medical facilities of the Department. Such assessment shall address each of the following:
(A)
added
Current and projected demographics and unique health care needs of the patient population served by the Department.
(B)
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Current and projected health care capabilities and resources of the Department, including hospital care, medical services, and other health care furnished by non-Department facilities under contract with the Department, to provide timely and accessible care to veterans.
(C)
added
The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at non-Department facilities, including whether the Secretary should have the authority to furnish such care and services at such facilities through the completion of episodes of care.
(D)
added
The appropriate system-wide access standard applicable to hospital care, medical services, and other health care furnished by and through the Department, including an identification of appropriate access standards for each individual specialty and post-care rehabilitation.
(E)
added
The workflow process at each medical facility of the Department for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department.
(F)
added
The organization, workflow processes, and tools used by the Department to support clinical staffing, access to care, effective length-of-stay management and care transitions, positive patient experience, accurate documentation, and subsequent coding of inpatient services.
(G)
added
The staffing level at each medical facility of the Department and the productivity of each health care provider at such medical facility, compared with health care industry performance metrics, which may include an assessment of any of the following:
(i)
added
The case load of, and number of patients treated by, each health care provider at such medical facility during an average week.
(ii)
added
The time spent by such health care provider on matters other than the case load of such health care provider, including time spent by such health care provider as follows:
(I)
added
At a medical facility that is affiliated with the Department.
(II)
added
Conducting research.
(III)
added
Training or supervising other health care professionals of the Department.
(H)
added
The information technology strategies of the Department with respect to furnishing and managing health care, including an identification of any weaknesses and opportunities with respect to the technology used by the Department, especially those strategies with respect to clinical documentation of episodes of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Department in Department or non-Department facilities.
(I)
added
Business processes of the Veterans Health Administration, including processes relating to furnishing non-Department health care, insurance identification, third-party revenue collection, and vendor reimbursement, including an identification of mechanisms as follows:
(i)
added
To avoid the payment of penalties to vendors.
(ii)
added
To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate.
(iii)
added
To increase the collection of any other amounts owed to the Department with respect to hospital care, medical services, and other health care and to ensure that such amounts collected are accurate.
(iv)
added
To increase the accuracy and timeliness of Department payments to vendors and providers.
(J)
added
The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care related services by the Department, including the following:
(i)
added
The prices paid for, standardization of, and use by the Department of the following:
(I)
added
Pharmaceuticals.
(II)
added
Medical and surgical supplies.
(III)
added
Medical devices.
(ii)
added
The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care related services.
(iii)
added
The strategy and systems used by the Department to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care related services to Veterans Integrated Service Networks and medical facilities of the Department.
(K)
added
The process of the Department for carrying out construction and maintenance projects at medical facilities of the Department and the medical facility leasing program of the Department.
(L)
added
The competency of leadership with respect to culture, accountability, reform readiness, leadership development, physician alignment, employee engagement, succession planning, and performance management.
(2)
added
Particular elements of certain assessments—
(A)
added
Scheduling assessment— In carrying out the assessment required by paragraph (1)(E), the private sector entity or entities shall do the following:
(i)
added
Review all training materials pertaining to scheduling of appointments at each medical facility of the Department.
(ii)
added
Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks.
(iii)
added
Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks.
(iv)
added
Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks.
(v)
added
Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments.
(vi)
added
Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments.
(vii)
added
Assess any interim technology changes or attempts by Department to internally develop a long-term scheduling solutions with respect to the feasibility and cost effectiveness of such internally developed solutions compared to commercially available solutions.
(viii)
added
Recommend actions, if any, to be taken by the Department to improve the process for scheduling such appointments, including the following:
(I)
added
Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments.
(II)
added
Changes in monitoring and assessment conducted by the Department of wait times of veterans for such appointments.
(III)
added
Changes in the system used to schedule such appointments, including changes to improve how the Department—
(aa)
added
measures wait times of veterans for such appointments;
(bb)
added
monitors the availability of health care providers of the Department; and
(cc)
added
provides veterans the ability to schedule such appointments.
(IV)
added
Such other actions as the private sector entity or entities considers appropriate.
(B)
added
Medical construction and maintenance project and leasing program assessment— In carrying out the assessment required by paragraph (1)(K), the private sector entity or entities shall do the following:
(i)
added
Review the process of the Department for identifying and designing proposals for construction and maintenance projects at medical facilities of the Department and leases for medical facilities of the Department.
(ii)
added
Assess the process through which the Department determines the following:
(I)
added
That a construction or maintenance project or lease is necessary with respect to a medical facility or proposed medical facility of the Department.
(II)
added
The proper size of such medical facility or proposed medical facility with respect to treating veterans in the catchment area of such medical facility or proposed medical facility.
(iii)
added
Assess the management processes of the Department with respect to the capital management programs of the Department, including processes relating to the methodology for construction and design of medical facilities of the Department, the management of projects relating to the construction and design of such facilities, and the activation of such facilities.
(iv)
added
Assess the medical facility leasing program of the Department.
(3)
added
Timing— The private sector entity or entities carrying out the assessment required by paragraph (1) shall complete such assessment not later than 240 days after entering into the contract described in such paragraph.
(b)
added
Private sector entities described— A private entity described in this subsection is a private entity that—
(1)
added
has experience and proven outcomes in optimizing the performance of the health care delivery systems of the Veterans Health Administration and the private sector and in health care management; and
(2)
added
specializes in implementing large-scale organizational and cultural transformations, especially with respect to health care delivery systems.
(c)
added
Program integrator—
(1)
added
In general— If the Secretary enters into contracts with more than one private sector entity under subsection (a), the Secretary shall designate one such entity that is predominately a health care organization as the program integrator.
(2)
added
Responsibilities— The program integrator designated pursuant to paragraph (1) shall be responsible for coordinating the outcomes of the assessments conducted by the private entities pursuant to such contracts.
(d)
added
Report on assessment—
(1)
added
In general— Not later than 60 days after completing the assessment required by subsection (a), the private sector entity or entities carrying out such assessment shall submit to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Commission on Care established under section 202 a report on the findings and recommendations of the private sector entity or entities with respect to such assessment.
(2)
added
Publication— Not later than 30 days after receiving the report under paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department of Veterans Affairs that is accessible to the public.
(e)
added
Non-Department facilities defined— In this section, the term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code.
Sec. 202
Commission on Care
added
(a)
added
Establishment of commission—
(1)
added
In general— There is established a commission, to be known as the “Commission on Care” (in this section referred to as the “Commission”), to examine the access of veterans to health care from the Department of Veterans Affairs and strategically examine how best to organize the Veterans Health Administration, locate health care resources, and deliver health care to veterans during the 20-year period beginning on the date of the enactment of this Act.
(A)
added
Voting members— The Commission shall be composed of 15 voting members who are appointed as follows:
(i)
added
Three members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran.
(ii)
added
Three members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran.
(iii)
added
Three members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran.
(iv)
added
Three members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran.
(v)
added
Three members appointed by the President, at least two of whom shall be veterans.
(B)
added
Qualifications— Of the members appointed under subparagraph (A)—
(i)
added
at least one member shall represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code;
(ii)
added
at least one member shall have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000;
(iii)
added
at least one member shall be familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)));
(iv)
added
at least one member shall be familiar with the Veterans Health Administration but shall not be currently employed by the Veterans Health Administration; and
(v)
added
at least one member shall be familiar with medical facility construction and leasing projects carried out by government entities and have experience in the building trades, including construction, engineering, and architecture.
(C)
added
Date— The appointments of members of the Commission shall be made not later than 1 year after the date of the enactment of this Act.
(3)
added
Period of appointment—
(A)
added
In general— Members shall be appointed for the life of the Commission.
(B)
added
Vacancies— Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(4)
added
Initial meeting— Not later than 15 days after the date on which eight voting members of the Commission have been appointed, the Commission shall hold its first meeting.
(5)
added
Meetings— The Commission shall meet at the call of the Chairperson.
(6)
added
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(7)
added
Chairperson and Vice Chairperson— The President shall designate a member of the commission to serve as Chairperson of the Commission. The Commission shall select a Vice Chairperson from among its members.
(b)
added
Duties of commission—
(1)
added
Evaluation and assessment— The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs.
(2)
added
Matters evaluated and assessed— In undertaking the comprehensive evaluation and assessment required by paragraph (1), the Commission shall evaluate and assess the results of the assessment conducted by the private sector entity or entities under section 201, including any findings, data, or recommendations included in such assessment.
(3)
added
Reports— The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows:
(A)
added
Not later than 90 days after the date of the initial meeting of the Commission, an interim report on—
(i)
added
the findings of the Commission with respect to the evaluation and assessment required by this subsection; and
(ii)
added
such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration.
(B)
added
Not later than 180 days after the date of the initial meeting of the Commission, a final report on—
(i)
added
the findings of the Commission with respect to the evaluation and assessment required by this subsection; and
(ii)
added
such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration.
(c)
added
Powers of the commission—
(1)
added
Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.
(2)
added
Information from Federal agencies— The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission.
(d)
added
Commission personnel matters—
(1)
added
Compensation of members—
(A)
added
In general— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.
(B)
added
Officers or employees of the United States— All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2)
added
Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(A)
added
In general— The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B)
added
Compensation— The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(4)
added
Detail of government employees— Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5)
added
Procurement of temporary and intermittent services— The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(e)
added
Termination of the commission— The Commission shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B).
(f)
added
Funding— The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section.
(g)
added
Executive action—
(1)
added
Action on recommendations— The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President—
(A)
added
considers feasible and advisable; and
(B)
added
determines can be implemented without further legislative action.
(2)
added
Reports— Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following:
(A)
added
An assessment of the feasibility and advisability of each recommendation contained in the report received by the President.
(B)
added
For each recommendation assessed as feasible and advisable under subparagraph (A) the following:
(i)
added
Whether such recommendation requires legislative action.
(ii)
added
If such recommendation requires legislative action, a recommendation concerning such legislative action.
(iii)
added
A description of any administrative action already taken to carry out such recommendation.
(iv)
added
A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.
Sec. 301
Treatment of staffing shortage and biennial report on staffing of medical facilities of the Department of Veterans Affairs
added
(a)
added
Staffing shortages—
(1)
added
In general— Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section:
added
“7412. Annual determination of staffing shortages; recruitment and appointment for needed occupations
added
“(a) In general—Not later than September 30 of each year, the Inspector General of the Department shall determine, and the Secretary shall publish in the Federal Register, the five occupations of personnel of this title of the Department covered under section 7401 of this title for which there are the largest staffing shortages throughout the Department as calculated over the five-year period preceding the determination.
added
“(b) Recruitment and appointment—Notwithstanding sections 3304 and 3309 through 3318 of title 5, the Secretary may, upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation, recruit and directly appoint, during the fiscal year after the fiscal year during which such determination is made, qualified personnel to serve in that particular occupation for the Department.”
(2)
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7411 the following new item:
(3)
added
Deadline for first determination— Notwithstanding the deadline under section 7412 of title 38, United States Code, as added by paragraph (1), for the annual determination of staffing shortages in the Veterans Health Administration, the Inspector General of the Department of Veterans Affairs shall make the first determination required under such section, and the Secretary of Veterans Affairs shall publish in the Federal Register such determination, by not later than the date that is 180 days after the date of the enactment of this Act.
(b)
added
Increase of graduate medical education residency positions—
(1)
added
In general— Section 7302 of title 38, United States Code, is amended by adding at the end the following new subsection:
added
“(e)
added
“(1) In carrying out this section, the Secretary shall establish medical residency programs, or ensure that already established medical residency programs have a sufficient number of residency positions, at any medical facility of the Department that the Secretary determines—
added
“(A) is experiencing a shortage of physicians; and
added
“(B) is located in a community that is designated as a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)).
added
“(2) In carrying out paragraph (1), the Secretary shall—
added
“(A) allocate the residency positions under such paragraph among occupations included in the most current determination published in the Federal Register pursuant to section 7412(a) of this title; and
added
“(B) give priority to residency positions and programs in primary care, mental health, and any other specialty the Secretary determines appropriate.”
(2)
added
Five-year increase—
(A)
added
In general— In carrying out section 7302(e) of title 38, United States Code, as added by paragraph (1), during the 5-year period beginning on the day that is 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall increase the number of graduate medical education residency positions at medical facilities of the Department by up to 1,500 positions.
(B)
added
Priority— In increasing the number of graduate medical education residency positions at medical facilities of the Department under subparagraph (A), the Secretary shall give priority to medical facilities that—
(i)
added
as of the date of the enactment of this Act, do not have a medical residency program; and
(ii)
added
are located in a community that has a high concentration of veterans.
(A)
added
In general— Not later than 60 days after the date of the enactment of this Act, and not later than October 1 each year thereafter until 2019, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on graduate medical education residency positions at medical facilities of the Department.
(B)
added
Elements— Each report required by subparagraph (A) shall include the following:
(i)
added
For the year preceding the submittal of the report, the number of graduate medical education residency positions at medical facilities of the Department as follows:
(I)
added
That were filled.
(II)
added
That were not filled.
(III)
added
That the Department anticipated filling.
(ii)
added
With respect to each graduate medical education residency position specified in clause (i)—
(I)
added
the geographic location of each such position; and
(II)
added
if such position was filled, the academic affiliation of the medical resident that filled such position.
(iii)
added
The policy at each medical facility of the Department with respect to the ratio of medical residents to staff supervising medical residents.
(iv)
added
During the 1-year period preceding the submittal of the report, the number of individuals who declined an offer from the Department to serve as a medical resident at a medical facility of the Department and the reason why each such individual declined such offer.
(v)
added
During the 1-year period preceding the submittal of the report, a description of—
(I)
added
challenges, if any, faced by the Department in filling graduate medical education residency positions at medical facilities of the Department; and
(II)
added
actions, if any, taken by the Department to address such challenges.
(vi)
added
A description of efforts of the Department, as of the date of the submittal of the report, to recruit and retain medical residents to work for the Veterans Health Administration as full-time employees.
(c)
added
Priority in Scholarship Program of Health Professionals Educational Assistance Program to certain providers— Section 7612(b)(5) of title 38, United States Code, is amended—
(1)
added
in subparagraph (A), by striking “and” at the end;
(2)
added
by redesignating subparagraph (B) as subparagraph (C); and
(3)
added
by inserting after subparagraph (A) the following new subparagraph (B):
added
“(B) shall give priority to applicants pursuing a course of education or training toward a career in an occupation for which the Inspector General of the Department has, in the most current determination published in the Federal Register pursuant to section 7412(a) of this title, determined that there is one of the largest staffing shortages throughout the Department with respect to such occupation; and”
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even-numbered year thereafter until 2024, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report assessing the staffing of each medical facility of the Department.
(2)
added
Elements— Each report submitted under paragraph (1) shall include the following:
(A)
added
The results of a system-wide assessment of all medical facilities of the Department to ensure the following:
(i)
added
Appropriate staffing levels for health care professionals to meet the goals of the Secretary for timely access to care for veterans.
(ii)
added
Appropriate staffing levels for support personnel, including clerks.
(iii)
added
Appropriate sizes for clinical panels.
(iv)
added
Appropriate numbers of full-time staff, or full-time equivalents, dedicated to direct care of patients.
(v)
added
Appropriate physical plant space to meet the capacity needs of the Department in that area.
(vi)
added
Such other factors as the Secretary considers necessary.
(B)
added
A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues.
(C)
added
A list of the current wait times and workload levels for the following clinics in each medical facility:
(iii)
added
Gastroenterology.
(iv)
added
Women’s health.
(v)
added
Such other clinics as the Secretary considers appropriate.
(D)
added
A description of the results of the most current determination of the Inspector General under subsection (a) of section 7412 of title 38, United States Code, as added by subsection (a)(1) of this section, and a plan to use direct appointment authority under subsection (b) of such section 7412 to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted.
(E)
added
The current staffing models of the Department for the following clinics, including recommendations for changes to such models:
(iii)
added
Gastroenterology.
(iv)
added
Women’s health.
(v)
added
Such other clinics as the Secretary considers appropriate.
(F)
added
A detailed analysis of succession planning at medical facilities of the Department, including the following:
(i)
added
The number of positions in medical facilities throughout the Department that are not filled by a permanent employee.
(ii)
added
The length of time each position described in clause (i) remained vacant or filled by a temporary or acting employee.
(iii)
added
A description of any barriers to filling the positions described in clause (i).
(iv)
added
A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days.
(v)
added
A plan for handling emergency circumstances, such as administrative leave or sudden medical leave for senior officials.
(G)
added
The number of health care providers of the Department who have been removed from their positions, have retired, or have left their positions for another reason, disaggregated by provider type, during the 2-year period preceding the submittal of the report.
(H)
added
Of the health care providers specified in subparagraph (G) who have been removed from their positions, the following:
(i)
added
The number of such health care providers who were reassigned to other positions in the Department.
(ii)
added
The number of such health care providers who left the Department.
(iii)
added
The number of such health care providers who left the Department and were subsequently rehired by the Department.
Sec. 601
Authorization of major medical facility leases
added
(a)
added
In general— The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs):
(1)
added
For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000.
(2)
added
For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000.
(3)
added
For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250.
(4)
added
For a community-based outpatient clinic, Cobb County, Georgia, an amount not to exceed $6,409,000.
(5)
added
For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370.
(6)
added
For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000.
(7)
added
For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000.
(8)
added
For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000.
(9)
added
For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000.
(10)
added
For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000.
(11)
added
For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000.
(12)
added
For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100.
(13)
added
For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000.
(14)
added
For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000.
(15)
added
For the Worcester Community-Based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000.
(16)
added
For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060.
(17)
added
For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000.
(18)
added
For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000.
(19)
added
For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000.
(20)
added
For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000.
(21)
added
For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000.
(22)
added
For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400.
(23)
added
For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000.
(24)
added
For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000.
(25)
added
For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000.
(26)
added
For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000.
(27)
added
For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200.
(b)
added
Requirements for clinic in Tulsa—
(1)
added
In general— In carrying out the expansion of the community-based outpatient clinic in Tulsa, Oklahoma, authorized by subsection (a)(27), the Secretary of Veterans Affairs shall ensure that such clinic satisfies the following requirements:
(A)
added
Consist of not more than 140,000 gross square feet.
(B)
added
Have an annual cost per square foot of not more than the average market rate in Tulsa, Oklahoma, for an equivalent medical facility plus 20 percent.
(C)
added
Satisfy the mandate of the Department of Veterans Affairs to provide veterans in Oklahoma with access to quality and efficient care.
(D)
added
Expand clinical capacity in the region in which the clinic is located in a cost efficient manner based upon regional cost comparisons, taking into account the needs of current veterans and the potential demand by veterans for care in the future.
(E)
added
Be the most cost effective option for the Department as predicted over a 30-year life cycle for such clinic.
(2)
added
Cost effective determination—
(A)
added
In general— If the Secretary determines that the most cost effective option over a 30-year life cycle would be to purchase or construct a facility in Tulsa, Oklahoma, instead of entering into a major medical facility lease in such location as authorized by subsection (a)(27), the Secretary shall not enter into such lease.
(B)
added
Major medical facility project— If the Secretary makes the determination described in subparagraph (A), the Secretary may request authority for a major medical facility project in Tulsa, Oklahoma, from Congress pursuant to section 8104(b) of title 38, United States Code.
(C)
added
Cost-benefit analysis— If the Secretary requests authority for the major medical facility project described in subparagraph (B), not later than 90 days after making the determination described in subparagraph (A), the Secretary shall submit to Congress a detailed cost-benefit analysis of such major medical facility project.
Sec. 602
Budgetary treatment of Department of Veterans Affairs major medical facilities leases
added
(a)
added
Findings— Congress finds the following:
(1)
added
Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed.
(2)
added
Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases.
(3)
added
For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an “amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs”.
(b)
added
Requirement for obligation of full cost—
(1)
added
In general— Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either—
(A)
added
an amount equal to total payments under the full term of the lease; or
(B)
added
if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs.
(2)
added
Self-insuring authority— The requirements of paragraph (1) may be satisfied through the use of the self-insuring authority identified in title 40, United States Code, consistent with Office of Management and Budget Circular A–11.
(1)
added
Compliance— Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph:
added
“(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 of title 31 (commonly referred to as the “Anti-Deficiency Act”). Any such analysis shall include—
added
“(A) an analysis of the classification of the lease as a “lease-purchase”, “capital lease”, or “operating lease” as those terms are defined in Office of Management and Budget Circular A–11;
added
“(B) an analysis of the obligation of budgetary resources associated with the lease; and
added
“(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.”
(2)
added
Submittal to Congress— Such section 8104 is further amended by adding at the end the following new subsection:
added
“(h)
added
“(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives—
added
“(A) notice of the Secretary’s intention to enter into the lease;
added
“(B) a detailed summary of the proposed lease;
added
“(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and
added
“(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11.
added
“(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary.
added
“(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.”
(d)
added
Rule of construction— Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments.
Sec. 707
Removal of senior executives of the Department of Veterans Affairs for performance or misconduct
added
(a)
added
Removal or transfer—
(1)
added
In general— Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section:
added
“713. Senior executives: removal based on performance or misconduct
added
“(a) In general
added
“(1) The Secretary may remove an individual employed in a senior executive position at the Department of Veterans Affairs from the senior executive position if the Secretary determines the performance or misconduct of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may—
added
“(A) remove the individual from the civil service (as defined in section 2101 of title 5); or
added
“(B) in the case of an individual described in paragraph (2), transfer the individual from the senior executive position to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate.
added
“(2) An individual described in this paragraph is an individual who—
added
“(A) previously occupied a permanent position within the competitive service (as that term is defined in section 2102 of title 5);
added
“(B) previously occupied a permanent position within the excepted service (as that term is defined in section 2103 of title 5); or
added
“(C) prior to employment in a senior executive position at the Department of Veterans Affairs, did not occupy any position within the Federal Government.
added
“(b) Pay of transferred individual
added
“(1) Notwithstanding any other provision of law, including the requirements of section 3594 of title 5, any individual transferred to a General Schedule position under subsection (a)(2) shall, beginning on the date of such transfer, receive the annual rate of pay applicable to such position.
added
“(2) An individual so transferred may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an individual so transferred does not report for duty, such individual shall not receive pay or other benefits pursuant to subsection (e)(5).
added
“(c) Notice to Congress—Not later than 30 days after removing or transferring an individual from a senior executive position under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer.
added
“(d) Procedure
added
“(1) The procedures under section 7543(b) of title 5 shall not apply to a removal or transfer under this section.
added
“(2)
added
“(A) Subject to subparagraph (B) and subsection (e), any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 of title 5.
added
“(B) An appeal under subparagraph (A) of a removal or transfer may only be made if such appeal is made not later than seven days after the date of such removal or transfer.
added
“(e) Expedited review by administrative judge
added
“(1) Upon receipt of an appeal under subsection (d)(2)(A), the Merit Systems Protection Board shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5. The administrative judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 21 days after the date of the appeal.
added
“(2) Notwithstanding any other provision of law, including section 7703 of title 5, the decision of an administrative judge under paragraph (1) shall be final and shall not be subject to any further appeal.
added
“(3) In any case in which the administrative judge cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the removal or transfer is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or transfer is final, submit to Congress and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement.
added
“(4) The Merit Systems Protection Board or administrative judge may not stay any removal or transfer under this section.
added
“(5) During the period beginning on the date on which an individual appeals a removal from the civil service under subsection (d) and ending on the date that the administrative judge issues a final decision on such appeal, such individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits.
added
“(6) To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this subsection is expedited.
added
“(f) Relation to title 5
added
“(1) The authority provided by this section is in addition to the authority provided by section 3592 or subchapter V of chapter 75 of title 5.
added
“(2) Section 3592(b)(1) of title 5 does not apply to an action to remove or transfer an individual under this section.
added
“(g) Definitions—In this section:
added
“(1) The term individual means—
added
“(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or
added
“(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a) or section 7401(1) of this title.
added
“(2) The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
added
“(3) The term senior executive position means—
added
“(A) with respect to a career appointee (as that term is defined in section 3132(a)(4) of title 5), a Senior Executive Service position (as such term is defined in section 3132(a)(2) of title 5); and
added
“(B) with respect to an individual appointed under section 7306(a) or section 7401(1) of this title, an administrative or executive position.”
(2)
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(b)
added
Establishment of expedited review process—
(1)
added
In general— Not later than 14 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) of title 38, United States Code.
(2)
added
Inapplicability of certain regulations— Section 1201.22 of title 5, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act, shall not apply to expedited reviews carried out under section 713(d) of title 38, United States Code.
(3)
added
Waiver— The Merit Systems Protection Board may waive any other regulation in order to provide for the expedited review required under section 713(d) of title 38, United States Code.
(4)
added
Report by Merit Systems Protection Board— Not later than 14 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) of title 38, United States Code, as added by subsection (a). Such report shall include a description of the resources the Board determines will be necessary to conduct such reviews and a description of whether any resources will be necessary to conduct such reviews that were not available to the Board on the day before the date of the enactment of this Act.
(c)
added
Temporary exemption from certain limitation on initiation of removal from Senior Executive Service— During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 7543 of title 5, United States Code, may be initiated, notwithstanding section 3592(b) of such title, or any other provision of law.
(1)
added
In general— Nothing in this section or section 713 of title 38, United States Code, as added by subsection (a), shall be construed to apply to an appeal of a removal, transfer, or other personnel action that was pending before the date of the enactment of this Act.
(2)
added
Relation to title 5— With respect to the removal or transfer of an individual (as that term is defined in such section 713) employed at the Department of Veterans Affairs, the authority provided by such section 713 is in addition to the authority provided by section 3592 or subchapter V of chapter 75 of title 5, United States Code.