US Codex
Bill
Notes

Title II — Medical care

H.R. 3224 · 116th Congress · Nov 13, 2019 · Lineage

II Medical care

Sec. 201 Improved access to Department of Veterans Affairs medical care for women veterans

(a)
In general— Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

“1720J. Medical services for women veterans

“(a) Access to care—The Secretary shall ensure that women’s health primary care services are available during regular business hours at every medical center and community based outpatient clinic of the Department.

“(b) Study on extended hours of care—The Secretary shall conduct a study to assess—

“(1) the use of extended hours as a means of reducing barriers to care;

“(2) the need for extended hours based on interviews with women veterans and employees; and

“(3) the best practices and resources required to implement use of extended hours.

“(c) Annual report to Congress—Not later than September 30 of each year, 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 compliance with subsection (a).”

(b)
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720I the following new item:

Sec. 202 Counseling and treatment for sexual trauma

Section 1720D of title 38, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking “active duty, active duty for training, or inactive duty training” and inserting “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)”; and
(B)
in paragraph (2)(A), by striking “active duty, active duty for training, or inactive duty training” and inserting “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)”;
(2)
by striking “veteran” each place it appears and inserting “former member of the Armed Forces”;
(3)
by striking “veterans” each place it appears and inserting “former members of the Armed Forces”; and
(4)
by adding at the end the following new subsection:

“(g) In this section, the term former member of the Armed Forces includes the following:

“(1) A veteran described in section 101(2) of this title.

“(2) An individual not described in paragraph (1) who was discharged or released from the Armed Forces under a condition that is not honorable but not—

“(A) a dishonorable discharge; or

“(B) a discharge by court-martial.”

Sec. 203 Counseling in retreat settings for women veterans and other individuals

(a)
In general— Chapter 17 of title 38, United States Code, is amended by inserting after section 1712C the following new section:

“1712D. Counseling in retreat settings for women veterans and other individuals

“(a) Program

“(1) Commencing not later than January 1, 2021, the Secretary shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to provide reintegration and readjustment services described in subsection (b) in group retreat settings to covered individuals, including cohorts of women veterans who are eligible for readjustment counseling services under section 1712A of this title.

“(2) The participation of a covered individual in the program under paragraph (1) shall be at the election of the individual.

“(b) Covered services—The services provided to a covered individual under the program under subsection (a)(1) shall include the following:

“(1) Information on reintegration into the family, employment, and community of the individual.

“(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 individual in reintegration into the family, employment, and community of the veteran.

“(c) Biennial reports—Not later than December 31, 2022, and each even-numbered year thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the program under subsection (a)(1).

“(d) Covered individual defined—In this section, the term covered individual means—

“(1) Any veteran who is enrolled in the system of annual patient enrollment under section 1705 of this title.

“(2) Any survivor or dependent of a veteran who is eligible for medical care under section 1781 of this title.”

(b)
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1712C the following new item:

Sec. 204 Improvement of health care services provided to newborn children by Department of Veterans Affairs

(a)
Expansion— Section 1786 of title 38, United States Code, is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by striking “seven days” and inserting “14 days”; and
(2)
by adding at the end the following new subsection:

“(f) Annual report—Not later than 60 days after the end of each fiscal year, 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 health care services provided under subsection (a) during such fiscal year, including the number of newborn children who received such services during such fiscal year.”

(b)
Authority To furnish medically necessary transportation for newborn children of certain women veterans— Such section is further amended—
(1)
in subsection (a)—
(A)
in the matter before paragraph (1)—
(i)
by inserting “and transportation necessary to receive such services” after “described in subsection (b)”; and
(ii)
by inserting “, except as provided in subsection (e),” after “14 days”;
(B)
in paragraph (1), by striking “or”;
(C)
in paragraph (2), by striking the period at the end and inserting “; or”; and
(D)
by adding at the end the following new paragraph:

“(3) another location, including a health care facility, if the veteran delivers the child before arriving at a facility described in paragraph (1) or (2).”

(2)
in subsection (b), by inserting before the period at the end the following: “, including necessary health care services provided by a facility other than the facility where the newborn child was delivered (including a specialty pediatric hospital) that accepts transfer of the newborn child and responsibility for treatment of the newborn child”; and
(3)
by inserting before subsection (f), as added by subsection (a), the following new subsections:

“(c) Transportation

“(1) Transportation furnished under subsection (a) to, from, or between care settings to meet the needs of a newborn child includes costs for either or both the newborn child and parents.

“(2) Transportation furnished under subsection (a) is transportation by ambulance, including air ambulance, or other appropriate medically staffed modes of transportation—

“(A) to another health care facility (including a specialty pediatric hospital) that accepts transfer of the newborn child or otherwise provides post-delivery care services when the treating facility is not capable of furnishing the care or services required; or

“(B) to a health care facility in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health.

“(3) Amounts paid by the Department for transportation under this section shall be derived from the Medical Services appropriations account of the Department.

“(d) Reimbursement or payment for health care services or transportation

“(1) Pursuant to regulations the Secretary shall prescribe to establish rates of reimbursement and any limitations thereto under this section, the Secretary shall directly reimburse a covered entity for health care services or transportation services provided under this section, unless the cost of the services or transportation is covered by an established agreement or contract. If such an agreement or contract exists, its negotiated payment terms shall apply.

“(2)

“(A) Reimbursement or payment by the Secretary under this section on behalf of an individual to a covered entity shall, unless rejected and refunded by the covered entity within 30 days of receipt, extinguish any liability on the part of the individual for the health care services or transportation covered by such payment.

“(B) Neither the absence of a contract or agreement between the Secretary and a covered entity nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirements of subparagraph (A).

“(3) In this subsection, the term covered entity means any individual, transportation carrier, organization, or other entity that furnished or paid for health care services or transportation under this section.

“(e) Exception—Pursuant to such regulations as the Secretary shall prescribe to carry out this section, the Secretary may furnish more than 14 days of health care services described in subsection (b), and transportation necessary to receive such services, to a newborn child based on medical necessity if the child is in need of additional care, including a case in which the newborn child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare of the newborn child.”

(c)
Treatment of certain expenses already incurred— Pursuant to such regulations as the Secretary of Veterans Affairs shall prescribe, the Secretary may provide reimbursement under section 1786 of title 38, United States Code, as amended by subsection (a), health care services or transportation services furnished to a newborn child during the period beginning on May 5, 2010, and ending on the date of the enactment of this Act, if the Secretary determines that, under the circumstances applicable with respect to the newborn, such reimbursement appropriate.