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H.R. 3642 — what changed

Military Sexual Assault Victims Empowerment Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

Sec. 2 Pilot program for private health care for veterans who are survivors of military sexual trauma

(a)
changed Establishment— The Secretary of Veterans Affairs, acting through the Office of Community Care of the Department of Veterans Affairs, Affairs shall carry out a pilot program to furnish hospital care and medical services to eligible veterans at through non-Department health care providers to treat physical and psychological injuries or illnesses which which, in the judgment of a mental health professional employed by the Department Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty, active duty for training, or inactive duty training.
(b)
changed Duration— The Secretary shall carry out the pilot program under subsection (a) for a three-year period. If at the completion of the pilot program an eligible veteran is receiving hospital care and medical services from a non-Department health care provider under the pilot program, the Secretary may approve, on a case by case case-by-case basis, the continuation of such hospital care and medical services from that non-Department health care provider until the completion of the episode of care.
(c)
Eligible veterans— A veteran is eligible to participate in the pilot program under subsection (a) if the veteran—
(1)
changed is eligible to participate in the program receive counseling and appropriate care and services under section 1720D of title 38, United States Code; and
(2)
changed resides in a location site selected under subsection (d).
(d)
changed Locations—sites—
(1)
changed Selection— The Secretary shall select not more than five locations sites in which to carry out the pilot program under subsection (a). Each location site shall meet each of the following criteria:
(A)
changed The location is within 100 miles Except as provided by paragraph (2), the site consists of a major military installation, city with a population between 200,000 and 500,000, as determined by the Secretary, in Bureau of the same State Census as of the location.first day of the pilot program.
(B)
changed Except as provided by paragraph (2), the location consists of a city with The site is in a population between 200,000 State in which the National Violence Against Women Prevention Research Center or the Centers for Disease Control and 500,000, as Prevention, or both, has determined by the Bureau rate of the Census.sexual assault to be a substantial problem.
(C)
changed The location site is in a State that, as of the first day of the pilot program, has a weighted percentage of reported rape of not less than 20 percent but not more than 30 percent of sexual assault cases, in which accordance with the National Violence Against Women Prevention Research Center or finding of the Centers for Disease Control and Prevention, or both, has determined Prevention contained in the rate ‘“Lifetime Prevalence of sexual assault to be a substantial problem.Sexual Violence by any Perpetrator” (NISVS 2010).
(D)
removed The location is in a State that has a weighted percentage of reported rape of not less than 20 percent but not more than 25 percent of sexual assault cases, in accordance with the finding of the Centers for Disease Control and Prevention contained in the ‘“Lifetime Prevalence of Sexual Violence by any Perpetrator” (NISVS 2010).
(2)
changed Rural location—site— Not fewer than one location site selected under paragraph (1) shall be rural, as determined by the Secretary.
(e)
Participation—
(1)
changed Election— An Subject to paragraph (2), an eligible veteran may elect to participate in the pilot program under subsection (a). Such an election shall include an affidavit attesting that the veteran is eligible to participate in the program under section 1720D of title 38, United States Code. Such election shall not affect the ability of the veteran to receive health care furnished by Department providers with respect to illnesses or injuries that are not described in subsection (a).providers.
(2)
changed Choice of non-Department health care providers—Number— The Secretary Not more than 75 veterans may not restrict the ability of an eligible veteran who participates participate in the pilot program under subsection (a) to choose from which non-Department health care provider the veteran receives hospital care or medical treatment at each site selected under the pilot program.subsection (d).
(3)
added Choice of non-Department health care providers— An eligible veteran who participates in the pilot program under subsection (a) may freely choose from which non-Department health care provider the veteran receives hospital care or medical services under the pilot program, except that the Secretary shall—
(A)
added ensure that each such non-Department health care provider maintains 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 the purposes of this section; and
(B)
added make a reasonable effort to ensure that such non-Department health care provider is familiar with the conditions and concerns that affect members of the Armed Forces and veterans and is trained in evidence-based psychotherapy
(4)
renumbered was (6)(4) Provision of information— The Secretary shall—
(A)
added notify eligible veterans of the ability to make an election under paragraph (1); and
(B)
added provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the sites selected under subsection (d).
(f)
added Authorization and monitoring of care— In accordance with subsection (e), the Secretary shall ensure that the Department of Veterans Affairs authorizes and monitors the hospital care and medical services furnished under the pilot program for appropriateness and necessity. In authorizing and monitoring such care, the Secretary shall—
(A)
removed notify each eligible veteran of the ability of the veteran to make an election under paragraph (1), and that such election is made without prejudice; and
(B)
removed provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the locations selected under subsection (d).
(f)
removed Payments—
(1)
removed Current providers— If a non-Department health care provider is entered into a contract or other agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment to veterans, the Secretary shall pay the health care provider for hospital care or medical treatment furnished under this section using the same rates and payment schedules as provided for in such contract or agreement.
(1)
changed New providers— If treat a non-Department health care provider is not entered into an agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment that furnishes to veterans, the Secretary shall pay the health care provider for such a veteran hospital care or medical treatment furnished services under this section using the same rates and payment schedule pilot program as if an authorized recipient of records of such care and treatment was furnished pursuant to veteran for purposes of section 1703 7332(b) of title 38, United States Code.Code; and
(2)
added ensure that such non-Department health care provider transmits to the Department such records as the Secretary determines appropriate.
(g)
changed Collection of data—Payments—
(1)
changed Surveys—Current providers— The If a non-Department health care provider has entered into a contract, agreement, or other arrangement with the Secretary shall survey each eligible veteran, regardless pursuant to another provision of whether the veteran elects law to participate in the pilot program under subsection (a), furnish hospital care or medical services to assess veterans, the Secretary shall pay the health care provider for hospital care and or medical treatment services furnished to the veteran either pursuant to under this section or section 1720D of title 38, United States Code, as using the case may be.same rates and payment schedules as provided for in such contract, agreement, or other arrangement.
(2)
changed Matters included—New providers— With respect If a non-Department health care provider has not entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical treatment covered by services furnished under this section or using the same rates and payment schedule as if such care and services was furnished pursuant to section 1720D 1703 of title 38, United States Code, the surveys under paragraph (1) shall ascertain the following information:Code.
(A)
removed The number of eligible veterans who elect to participate in the pilot program under subsection (a) as compared to the number of eligible veterans who do not make such election.
(B)
removed The length of time since an eligible veteran has been discharged or released from military service.
(C)
removed The number of health care providers that the eligible veteran visited.
(D)
removed The gender of each health care provider visited.
(E)
removed The specific degree or licensure of each health care provider visited.
(F)
removed Whether the eligible veteran visited the same health care provider from the beginning of treatment to the completion of treatment, and if not, the reasons why not.
(G)
removed The length of time from the date the eligible veteran sought an appointment with a health care provider until the date on which the appointment occurred.
(H)
removed The length of time that the eligible veteran has to wait for an appointment with health care providers.
(I)
removed The distance that the eligible veteran has to travel for an appointment with health care providers.
(J)
removed The frequency of follow-up appointments made by the eligible veteran.
(K)
removed The duration of treatment furnished by health care providers.
(L)
removed Whether the eligible veteran has trouble falling asleep, and if so, the reasons why.
(M)
removed The types of any medication taken by the eligible veteran and the reasons for such use.
(N)
removed Whether the eligible veteran had an emergency situation that required mental health treatment before a scheduled appointment, and if so—
(i)
removed the mental health services that were offered and from whom; and
(ii)
removed whether the eligible veteran accepted such services, and if not, why not.
(3)
changed Timing—New Contracts And Agreements— The Secretary shall conduct surveys of eligible veterans under paragraph (1) at take reasonable efforts to enter into a contract, agreement, or other arrangement with a non-Department health care provider described in subsection (a) to ensure that future care and services authorized by the following periods:Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement
(h)
added Surveys— The Secretary shall conduct a survey of a sample of eligible veterans to assess the hospital care and medical services furnished to such veterans either pursuant to this section or section 1720D of title 38, United States Code, as the case may be.
(A)
removed Upon the election made by a veteran to participate in the pilot program under subsection (a), or as soon as practicable after the Secretary determines the veteran will not make such an election.
(B)
removed During each six-month period in which the pilot program under subsection (a) is being carried out.
(C)
removed Upon the completion of the pilot program under subsection (a).
(4)
removed Questionnaires— The Secretary shall ensure that each eligible veteran participating in the pilot program under subsection (a) completes the following:
(A)
removed PTSD Checklist for DSM–5 (PCL–5).
(B)
removed Patient Health Questionnaire-9 (PHQ–9).
(C)
removed The World Health Organization Quality of Life (WHOQOL)–BREF.
(D)
removed Columbia-Suicide Severity Rating Scale.
(5)
removed Research— The Secretary shall assign a researcher of the Department of Veterans Affairs to the element of the Department administering the pilot program under subsection (a) to ensure the quality and integrity of the collection and analysis of the data collected under this subsection.
(i)
renumbered was (9) Report— Not later than 60 days before the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the following:
(1)
added The results of the pilot program, including, to the extent possible, an assessment of the health outcomes of veterans who participated in the pilot program.
(1)
removed The results of the pilot program, including whether eligible veterans who participated in the pilot program, as compared to eligible veterans who did not so participate—
(A)
removed are sleeping better;
(B)
removed experience fewer or more episodes of post-traumatic stress disorder or anxiety;
(C)
removed take fewer or more medications relating to illnesses or injuries described in subsection (a);
(D)
removed selected non-Department health care providers based on the gender of the provider;
(E)
removed have a lower rate of suicidal thoughts;
(F)
removed have a lower rate of suicide; and
(G)
removed believe that the eligible veterans are receiving the care that best fits the specific needs of the veterans.
(2)
removed Information with respect to the health care results of eligible veterans who did not participate in the pilot program.
(2)
renumbered was (9)(5) The recommendation of the Secretary with respect to extending or making permanent the pilot program.
(j)
renumbered was (10) Definitions— In this section:
(1)
added The term non-Department health care provider means an entity specified in section 101(a)(1)(B) of section 101 of the Veterans Access, Choice, and Accountability Act of 2015 (Public Law 113–146; 38 U.S.C. 1701) or any other health care provider that has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans.
(1)
removed The term non-Department health care provider means an entity specified in section 101(a)(1)(B) of section 101 of the Veterans Access, Choice, and Accountability Act of 2015 (Public Law 113–146; 38 U.S.C. 1701) or any other health care provider that has entered into a contract or other agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment to veterans.
(2)
renumbered was (10)(4) The term sexual harassment has the meaning given that term in section 1720D of title 38, United States Code.
(3)
renumbered was (10)(5) The term State has the meaning given that term in section 101(20) of title 38, United States Code.