Sgt. Brandon Ketchum Never Again Act

“1720J. Provision of in-patient psychiatric care

“(a) Requirement To furnish care—Except as provided by subsection (b), upon the request of a covered veteran, the Secretary shall furnish, or continue to furnish, to the covered veteran in-patient psychiatric care at the facility of the Department that—

“(1) is closest to where the veteran resides; and

“(2) has the capacity and capability to provide such care.

“(b) Non-Department facilities

“(1) If the Secretary determines, on a case-by-case basis, that a facility of the Department does not have the capability or capacity to furnish in-patient psychiatric care to a covered veteran pursuant to subsection (a), the Secretary shall furnish such care to such veteran at a non-Department facility.

“(2) The Secretary shall determine the rates of payment for a non-Department facility that furnishes in-patient psychiatric care pursuant to paragraph (1) in accordance with the rates paid by the United States under section 1703(i) of this title.

“(c) Covered veteran defined—In this section, the term covered veteran means a veteran who is—

“(1) enrolled in the health care system established under section 1705(a) of this title; and

“(2) entitled to in-patient psychiatric care furnished by the Secretary under this chapter.”