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VA Emergency Transportation Access Act

H.R. 5530 · 118th Congress · Sep 18, 2023 · Lineage

A BILL

To provide for certain limitations to the authority of the Secretary of Veterans Affairs to make changes to the Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation, and for other purposes.

Section 1 Short title

This Act may be cited as the “VA Emergency Transportation Access Act”.

Sec. 2 Authority for changes to Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation

(a)
In general— The Secretary of Veterans Affairs may not change the rate of payment or reimbursement provided for the transportation of a veteran or other eligible individual on a special mode of transportation, as in effect on January 1, 2023, unless—
(1)
such change would increase the rate of such payment or reimbursement; or
(2)
before the effective date of such change, the Secretary—
(A)
conducts a thorough review and analysis of—
(i)
the economic effect of the change on the Department of Veterans Affairs;
(ii)
the economic effect of the change on the industry associated with the special mode of transportation that would be affected by the change; and
(iii)
the effect of the change on access to care for veterans;
(B)
develops a formal process to ensure that any change made to such rate does not reduce the access to care for veterans; and
(C)
ensures that the new rate reflects, at a minimum, the actual cost of such transportation.
(b)
Consultation requirement— The Secretary shall carry out any review under subsection (a)(2)(A) and develop any process under subsection (a)(2)(B) in consultation with a committee made up of each of the following, who shall be appointed by the Secretary:
(1)
Relevant industry experts.
(2)
Representatives of the Centers for Medicare and Medicaid Services.
(3)
Department employees with subject matter expertise in transportation, access to care, integrated veteran care, rural veterans, Native American veterans, and other matters determine appropriate by the Secretary.
(4)
Representatives of veteran service organizations.
(c)
Template and process for affected contracts— Not later than two years before the effective date of any change made to the rate of payment or reimbursement for special modes of transportation pursuant to subsection (a) that affects the rate payable under any contract of the Department, the Secretary shall—
(1)
establish a template and a standardized process for entering into and making changes to rates in effect under such contract;
(2)
issue guidance about the use of such template and process within the Department and across the industry associated with special modes of transportation; and
(3)
submit to Congress a report that includes a description of the template and process.
(d)
Special mode of transportation— In this section, the term “special mode of transportation”—
(1)
means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons; and
(2)
does not include—
(A)
a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane; or
(B)
a modified, privately owned vehicle, with special adaptive equipment or that is capable of transporting disabled persons.