Title III — Health Care Matters
III Health Care Matters
A Expansion and Improvements of Benefits Generally
Sec. 302 Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll
“(d)
“(1) The Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph (2) by not later than December 31, 2014.
“(2) Veterans specified in this paragraph are as follows:
“(A) Veterans with noncompensable service-connected disabilities rated as zero percent disabling who—
“(i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014; and
“(ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031).
“(B) Veterans without service-connected disability who—
“(i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014; and
“(ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act.
“(3) A veteran who, after enrolling in the patient enrollment system pursuant to this subsection, obtains access to health insurance other than through a health exchange shall remain enrolled in the patient enrollment system notwithstanding obtaining access to such health insurance.
“(4) A veteran enrolled in the patient enrollment system pursuant to this subsection shall maintain the priority for care of the veteran at the time of enrollment unless and until a change in circumstances of the veteran results in a higher priority for care of the veteran under subsection (a).”
“5319. Review of reporting of health insurance coverage
“The Secretary shall notify each veteran who enrolls under subsection (d) of section 1705 of this title in the patient enrollment system of veterans under such section that information on the veteran's access to health insurance that is furnished to the Secretary for purposes of such enrollment may be compared with information obtained by the Secretary of the Treasury under section 6103(l)(23) of the Internal Revenue Code of 1986.”
“(23) Disclosure of certain return information for verification of eligibility of veterans for enrollment in Department of Veterans Affairs patient enrollment system
“(A) Return information from Internal Revenue Service—The Secretary shall, upon written request, disclose current return information from returns under section 6055 with respect to minimum essential coverage of individuals to the Secretary of Veterans Affairs for the purposes of verifying the eligibility of veterans for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(d) of title 38.
“(B) Restriction on disclosure—The Secretary shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph.
“(C) Restriction on use of disclosed information—Return information disclosed under subparagraph (A) may be used by the Secretary of Veterans Affairs only for the purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph.”
Sec. 303 Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war
Sec. 304 Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program
Sec. 305 Improved access to appropriate immunizations for veterans
“(F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule;”
“(10) The term recommended adult immunization schedule means the schedule established (and periodically reviewed and, as appropriate, revised) by the Advisory Committee on Immunization Practices established by the Secretary of Health and Human Services and delegated to the Centers for Disease Control and Prevention.”
“(iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule.”
Sec. 306 Expansion of provision of chiropractic care and services to veterans
“(2) The program shall be carried out at not fewer than two medical centers or clinics in each Veterans Integrated Service Network by not later than one year after the effective date specified in section 306(c) of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, and at not fewer than 50 percent of all medical centers in each Veterans Integrated Service Network by not later than two years after such effective date.”
“(H) Chiropractic services.”
“(F) periodic and preventive chiropractic examinations and services;”
Sec. 307 Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water
Sec. 308 Expansion of emergency treatment reimbursement for certain veterans
“(ii) the veteran was unable to receive care under this chapter within such 24-month period because of a waiting period imposed by the Department with respect to a new patient examination of such veteran.”
Sec. 309 Relocation and restatement of limitation on requirements to furnish certain care and services contingent on the availability of appropriations
“(c)
“(1) The requirements specified in paragraph (2) shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes.
“(2) The requirements specified in this paragraph are as follows:
“(A) The requirement in paragraphs (1), (2), and (3) of section 1710(a) of this title that the Secretary provide hospital care and medical services.
“(B) The requirement in section 1710A(a) of this title that the Secretary provide nursing home care.
“(C) The requirement in section 1710B of this title that the Secretary provide a program of extended care services.
“(D) The requirement in section 1745 of this title that the Secretary provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes.”
Sec. 310 Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs
Sec. 311 Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report
“(c) Funding—There is hereby authorized to be appropriated for each of fiscal years 2014 and 2015 for the Department, $4,000,000 to carry out this section.”
Sec. 312 Coverage of costs of care for veterans at medical foster homes
Sec. 313 Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury
“(1) In general—The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program.
“(2) Located in same region as polytrauma centers—Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs.”
“(e) Reports
“(1) Annual report
“(A) In general—Not later than two years after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, and not later than September 30 each year thereafter until 2018, 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 pilot program.
“(B) Elements—Each report submitted under subparagraph (A) shall include the following:
“(i) The number of individuals that participated in the pilot program during the year preceding the submission of the report.
“(ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report.
“(iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program.
“(iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement.
“(2) Final report
“(A) In general—Not later than 60 days after the completion of the pilot program, 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 final report on the pilot program.
“(B) Elements—The final report required by subparagraph (A) shall include the following:
“(i) A description of the pilot program.
“(ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury.
“(iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program.”
“(E) has a traumatic brain injury that is classified as complex-mild to severe.”
Sec. 314 Program on health promotion for overweight and obese veterans through support of fitness center memberships
Sec. 315 Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities
B Health Care Administration
Sec. 321 Extension of Department of Veterans Affairs Health Professional Scholarship Program
Sec. 322 Expansion of availability of prosthetic and orthotic care for veterans
Sec. 323 Contracting for health care
Sec. 324 Limitation on expansion of dialysis pilot program
Sec. 325 Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department
“7330B. Reporting of infectious diseases
“(a) Reporting—The Secretary shall ensure that the Department has in effect an up-to-date policy on reporting a notifiable infectious disease diagnosed at a facility under the jurisdiction of the Secretary in accordance with the provisions of State and local law in effect where such facility is located.
“(b) Notifiable infectious disease—For purposes of this section, a notifiable infectious disease is any infectious disease that is—
“(1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or
“(2) covered by a provision of law of a State that requires the reporting of infectious diseases.
“(c) Performance measures—The Secretary shall develop performance measures to assess whether and to what degree the directors of Veterans Integrated Service Networks and Department medical centers are complying with the policy required by subsection (a).”
Sec. 326 Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs
Sec. 327 Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs
Sec. 328 Report on provision of telemedicine services
Sec. 329 Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center
C Complementary and Alternative Medicine
Sec. 331 Expansion of research and education on and delivery of complementary and alternative medicine to veterans
Sec. 332 Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers
Sec. 333 Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs
Sec. 334 Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans
D Mental Health Care
Sec. 341 Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs
Sec. 342 Education program and peer support program for family members and caregivers of veterans with mental health disorders
Sec. 343 Report on provision of mental health services for families of certain veterans at facilities of the Department
Sec. 344 Annual report on community mental health partnership pilot program
E Dental care eligibility expansion and enhancement
Sec. 351 Restorative dental services for veterans
“(2) The Secretary”
“(3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as result of any services or treatment furnished under this subsection.”
Sec. 352 Pilot program on expansion of furnishing of dental care to all enrolled veterans
Sec. 353 Program on education to promote dental health in veterans
Sec. 354 Information on dental services for inclusion in electronic medical records under dental insurance pilot program
Sec. 355 Authorization of appropriations
F Health care related to sexual trauma
Sec. 361 Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training
Sec. 362 Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces
“(2)
“(A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph.
“(B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph.”
“(A) veterans;
“(B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and
“(C) for each of subparagraphs (A) and (B)—
“(i) men; and
“(ii) women.”
Sec. 363 Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse
Sec. 364 Reports on military sexual trauma and domestic abuse
G Reproductive treatment and services
Sec. 371 Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services
“(I) Fertility counseling and treatment, including treatment using assisted reproductive technology.”
Sec. 372 Reproductive treatment and care for spouses and surrogates of veterans
“1788. Reproductive treatment and care for spouses and surrogates of veterans
“(a) In general—The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary.
“(b) Coordination of care for other spouses and surrogates—In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate.
“(c) Construction—Nothing in this section shall be construed to require the Secretary—
“(1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or
“(2) to furnish maternity care to a spouse or surrogate of a veteran.
“(d) Assisted reproductive technology defined—In this section, the term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate.”
Sec. 373 Adoption assistance for severely wounded veterans
“1789. Adoption assistance
“(a) In general—The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children.
“(b) Covered veteran—For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who—
“(1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and
“(2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title.
“(c) Limitation amount—For purposes of this section, the limitation amount is the amount equal to the lesser of—
“(1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of fertility treatment through the use of assisted reproductive technology under section 1788 of this title, as determined by the Secretary; or
“(2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.
“(d) Assisted reproductive technology defined—In this section, the term assisted reproductive technology has the meaning given that term in section 1788 of this title.”
Sec. 374 Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs
Sec. 375 Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment
Sec. 376 Facilitation of reproduction and infertility research
“7330C. Facilitation of reproduction and infertility research
“(a) Facilitation of research required—The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, that affects the veterans' ability to reproduce.
“(b) Dissemination of information—The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.”
Sec. 377 Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs
Sec. 378 Program on assistance for child care for certain veterans
“1709B. Assistance for child care for certain veterans receiving health care
“(a) Program required—The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c).
“(b) Limitation on period of payments—Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran—
“(1) receives health care services described in subsection (c) at a facility of the Department; and
“(2) requires travel to and from such facility for the receipt of such health care services.
“(c) Qualified veterans—For purposes of this section, a qualified veteran is a veteran who is—
“(1) the primary caretaker of a child or children; and
“(2)
“(A) receiving from the Department—
“(i) regular mental health care services;
“(ii) intensive mental health care services; or
“(iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or
“(B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department.
“(d) Locations—The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program.
“(e) Forms of child care assistance
“(1) Child care assistance under this section may include the following:
“(A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552).
“(B) Direct provision of child care at an on-site facility of the Department.
“(C) Payments to private child care agencies.
“(D) Collaboration with facilities or programs of other Federal departments or agencies.
“(E) Such other forms of assistance as the Secretary considers appropriate.
“(2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.”
“1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services
“(a) Program required—The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified individuals described in subsection (c) to obtain child care so that such individuals can receive readjustment counseling and related mental health services.
“(b) Limitation on period of payments—Assistance may only be provided to a qualified individual under this section for receipt of child care during the period that the qualified individual receives readjustment counseling and related health care services at a Vet Center.
“(c) Qualified individuals—For purposes of this section, a qualified individual is an individual who is—
“(1) the primary caretaker of a child or children; and
“(2)
“(A) receiving from the Department regular readjustment counseling and related mental health services; or
“(B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department.
“(d) Locations—The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program.
“(e) Forms of child care assistance
“(1) Child care assistance under this section may include the following:
“(A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107–67; 115 Stat. 552).
“(B) Payments to private child care agencies.
“(C) Collaboration with facilities or programs of other Federal departments or agencies.
“(D) Such other forms of assistance as the Secretary considers appropriate.
“(2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.
“(f) Vet Center defined—In this section, the term Vet Center means a center for readjustment counseling and related mental health services for individuals under section 1712A of this title.”
Sec. 379 Counseling in retreat settings for women veterans newly separated from service in the Armed Forces
“1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces
“(a) In general—The Secretary shall provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services described in subsection (c) in group retreat settings to women veterans who are recently separated from service in the Armed Forces after a prolonged deployment.
“(b) Election of veteran—The receipt of services under this section by a woman veteran shall be at the election of the veteran.
“(c) Covered services—The services provided to a woman veteran under this section shall include the following:
“(1) Information on reintegration into the veteran’s family, employment, and community.
“(2) Financial counseling.
“(3) Occupational counseling.
“(4) Information and counseling on stress reduction.
“(5) Information and counseling on conflict resolution.
“(6) Such other information and counseling as the Secretary considers appropriate to assist the veteran in reintegration into the veteran’s family, employment, and community.”
H Major medical facility leases
Sec. 381 Authorization of major medical facility leases
Sec. 382 Budgetary treatment of Department of Veterans Affairs major medical facilities leases
“(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—
“(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;
“(B) an analysis of the obligation of budgetary resources associated with the lease; and
“(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.”
“(h)
“(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—
“(A) notice of the Secretary’s intention to enter into the lease;
“(B) a copy of the proposed lease;
“(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and
“(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11.
“(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.
“(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.”