US Codex
Pub. L.
Notes

Title VII — Other Matters

116th Congress · Approved Oct 17, 2020 · 134 Stat. 778

TITLE VII Other Matters

SEC. 701. Expanded Telehealth from Department of Veterans Affairs.

(a)
In General.— The Secretary of Veterans Affairs shall enter into agreements, and expand existing agreements, with organizations that represent or serve veterans, nonprofit organizations, private businesses, and other interested parties for the expansion of telehealth capabilities and the provision of telehealth services to veterans through the award of grants under subsection (b).
(b)
Award of Grants.—
(1)
In general.— In carrying out agreements entered into or expanded under this section with entities described in subsection (a), the Secretary shall award grants to those entities.
(2)
Locations.— To the extent practicable, the Secretary shall ensure that grants are awarded to entities that serve veterans in rural and highly rural areas (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture) or areas determined to be medically underserved.
(3)
Use of grants.—
(A)
In general.— Grants awarded to an entity under this subsection may be used for one or more of the following:
(i)
Purchasing, replacing or upgrading hardware or software necessary for the provision of secure and private telehealth services.
(ii)
Upgrading security protocols for consistency with the security requirements of the Department of Veterans Affairs.
(iii)
Training of site attendants, including payment of those attendants for completing that training, with respect to—
(I)
military and veteran cultural competence, if the entity is not an organization that represents veterans;
(II)
equipment required to provide telehealth services;
(III)
privacy, including the Health Insurance Portability and Accountability Act of 1996 privacy rule under part 160 and subparts A and E of part 164 of title 45, Code of Federal Regulations, or successor regulations, as it relates to health care for veterans;
(IV)
scheduling for telehealth services for veterans; or
(V)
any other unique training needs for the provision of telehealth services to veterans.
(iv)
Upgrading existing infrastructure owned or leased by the entity to make rooms more conducive to telehealth care, including—
(I)
additions or modifications to windows or walls in an existing room, or other alterations as needed to create a new, private room, including permits or inspections required in association with space modifications;
(II)
soundproofing of an existing room;
(III)
new electrical, telephone, or internet outlets in an existing room; or
(IV)
aesthetic enhancements to establish a more suitable therapeutic environment.
(v)
Upgrading existing infrastructure to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(vi)
Upgrading internet infrastructure and sustainment of internet services.
(vii)
Sustainment of telephone services.
(B)
Exclusion.— Grants may not be used for the purchase of new property or for major construction projects, as determined by the Secretary.
(c)
Agreement on Telehealth Access Points.—
(1)
In general.— An entity described in subsection (a) that seeks to establish a telehealth access point for veterans but does not require grant funding under this section to do so may enter into an agreement with the Department for the establishment of such an access point.
(2)
Adequacy of facilities.— An entity described in paragraph (1) shall be responsible for ensuring that any access point is adequately private, secure, clean, and accessible for veterans before the access point is established.
(d)
Assessment of Barriers to Access.—
(1)
In general.— Not later than 18 months after the date of the enactment of this Act, the Secretary shall complete an assessment of barriers faced by veterans in accessing telehealth services.
(2)
Elements.— The assessment required by paragraph (1) shall include the following:
(A)
A description of the barriers veterans face in using telehealth while not on property of the Department.
(B)
A description of how the Department plans to address the barriers described in subparagraph (A).
(C)
Such other matters related to access by veterans to telehealth while not on property of the Department as the Secretary considers relevant.
(3)
Report.— Not later than 120 days after the completion of the assessment required by paragraph (1), 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 assessment, including any recommendations for legislative or administrative action based on the results of the assessment.

SEC. 702. Partnerships with Non-Federal Government Entities to Provide Hyperbaric Oxygen Therapy to Veterans and Studies on the Use of Such Therapy for Treatment of Post-Traumatic Stress Disorder and Traumatic Brain Injury.

(a)
Partnerships to Provide Hyperbaric Oxygen Therapy to Veterans.—
(1)
Use of partnerships.— The Secretary of Veterans Affairs, in consultation with the Center for Compassionate Innovation within the Office of Community Engagement of the Department of Veterans Affairs, may enter into partnerships with non-Federal Government entities to provide hyperbaric oxygen treatment to veterans to research the effectiveness of such therapy.
(2)
Types of partnerships.— Partnerships entered into under paragraph (1) may include the following:
(A)
Partnerships to conduct research on hyperbaric oxygen therapy.
(B)
Partnerships to review research on hyperbaric oxygen therapy provided to nonveterans.
(C)
Partnerships to create industry working groups to determine standards for research on hyperbaric oxygen therapy.
(D)
Partnerships to provide to veterans hyperbaric oxygen therapy for the purposes of conducting research on the effectiveness of such therapy.
(3)
Limitation on federal funding.— Federal Government funding may be used to coordinate and administer the partnerships under this subsection but may not be used to carry out activities conducted under such partnerships.
(b)
Review of Effectiveness of Hyperbaric Oxygen Therapy.— Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Center for Compassionate Innovation, shall begin using an objective and quantifiable method to review the effectiveness and applicability of hyperbaric oxygen therapy, such as through the use of a device approved or cleared by the Food and Drug Administration that assesses traumatic brain injury by tracking eye movement.
(c)
Systematic Review of Use of Hyperbaric Oxygen Therapy to Treat Certain Conditions.—
(1)
In general.— Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Center for Compassionate Innovation, shall commence the conduct of a systematic review of published research literature on off-label use of hyperbaric oxygen therapy to treat post-traumatic stress disorder and traumatic brain injury among veterans and nonveterans.
(2)
Elements.— The review conducted under paragraph (1) shall include the following:
(A)
An assessment of the current parameters for research on the use by the Department of Veterans Affairs of hyperbaric oxygen therapy, including—
(i)
tests and questionnaires used to determine the efficacy of such therapy; and
(ii)
metrics for determining the success of such therapy.
(B)
A comparative analysis of tests and questionnaires used to study post-traumatic stress disorder and traumatic brain injury in other research conducted by the Department of Veterans Affairs, other Federal agencies, and entities outside the Federal Government.
(3)
Completion of review.— The review conducted under paragraph (1) shall be completed not later than 180 days after the date of the commencement of the review.
(4)
Report.— Not later than 90 days after the completion of the review conducted under paragraph (1), 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 results of the review.
(d)
Follow-up Study.—
(1)
In general.— Not later than 120 days after the completion of the review conducted under subsection (c), the Secretary, in consultation with the Center for Compassionate Innovation, shall commence the conduct of a study on all individuals receiving hyperbaric oxygen therapy through the current pilot program of the Department for the provision of hyperbaric oxygen therapy to veterans to determine the efficacy and effectiveness of hyperbaric oxygen therapy for the treatment of post-traumatic stress disorder and traumatic brain injury.
(2)
Elements.— The study conducted under paragraph (1) shall include the review and publication of any data and conclusions resulting from research conducted by an authorized provider of hyperbaric oxygen therapy for veterans through the pilot program described in such paragraph.
(3)
Completion of study.— The study conducted under paragraph (1) shall be completed not later than three years after the date of the commencement of the study.
(4)
Report.—
(A)
In general.— Not later than 90 days after completing the study conducted under paragraph (1), 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 results of the study.
(B)
Elements.— The report required under subparagraph (A) shall include the recommendation of the Secretary with respect to whether or not hyperbaric oxygen therapy should be made available to all veterans with traumatic brain injury or post-traumatic stress disorder.

SEC. 703. Prescription of Technical Qualifications for Licensed Hearing Aid Specialists and Requirement for Appointment of Such Specialists.

(a)
Technical Qualifications.—
(1)
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe the technical qualifications required under section 7402(b)(14) of title 38, United States Code, to be appointed as a licensed hearing aid specialist under section 7401(3) of such title.
(2)
Elements for qualifications.— In prescribing the qualifications for licensed hearing aid specialists under paragraph (1), the Secretary shall, at a minimum, ensure that such qualifications are consistent with—
(A)
the standards for licensure of hearing aid specialists that are required by a majority of States;
(B)
any competencies needed to perform tasks and services commonly performed by hearing aid specialists pursuant to such standards; and
(C)
any competencies needed to perform tasks specific to providing care to individuals under the laws administered by the Secretary.
(b)
Authority to Set and Maintain Duties.— The Secretary shall retain the authority to set and maintain the duties for licensed hearing aid specialists appointed under section 7401(3) of title 38, United States Code, for the purposes of the employment of such specialists with the Department of Veterans Affairs.
(c)
Appointment.— Not later than September 30, 2022, the Secretary shall appoint not fewer than one licensed hearing aid specialist at each medical center of the Department.
(d)
Report.— Not later than September 30, 2022, and annually thereafter, 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—
(1)
assessing the progress of the Secretary in appointing licensed hearing aid specialists under subsection (c);
(2)
assessing potential conflicts or obstacles that prevent the appointment of licensed hearing aid specialists;
(3)
assessing the factors that led to such conflicts or obstacles;
(4)
assessing access of patients to comprehensive hearing health care services from the Department consistent with the requirements under section 4(b) of the Veterans Mobility Safety Act of 2016 (Public Law 114–256; 38 U.S.C. 7401 note), including an assessment of the impact of infrastructure and equipment limitations on wait times for audiologic care; and
(5)
indicating the medical centers of the Department with vacancies for audiologists or licensed hearing aid specialists.

SEC. 704. Use by Department of Veterans Affairs of Commercial Institutional Review Boards in Sponsored Research Trials.

(a)
In General.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete all necessary policy revisions within the directive of the Veterans Health Administration numbered 1200.05 and titled “Requirements for the Protection of Human Subjects in Research”, to allow sponsored clinical research of the Department of Veterans Affairs to use accredited commercial institutional review boards to review research proposal protocols of the Department.
(b)
Identification of Review Boards.— Not later than 90 days after the completion of the policy revisions under subsection (a), the Secretary shall—
(1)
identify accredited commercial institutional review boards for use in connection with sponsored clinical research of the Department; and
(2)
establish a process to modify existing approvals in the event that a commercial institutional review board loses its accreditation during an ongoing clinical trial.
(c)
Report.—
(1)
In general.— Not later than 90 days after the completion of the policy revisions under subsection (a), and annually thereafter, 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 all approvals of institutional review boards used by the Department, including central institutional review boards and commercial institutional review boards.
(2)
Elements.— The report required by paragraph (1) shall include, at a minimum, the following:
(A)
The name of each clinical trial with respect to which the use of an institutional review board has been approved.
(B)
The institutional review board or institutional review boards used in the approval process for each clinical trial.
(C)
The amount of time between submission and approval.

SEC. 705. Creation of Office of Research Reviews Within the Office of Information and Technology of the Department of Veterans Affairs.

(a)
In General.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish within the Office of Information and Technology of the Department of Veterans Affairs an Office of Research Reviews (in this section referred to as the “Office”).
(b)
Elements.— The Office shall do the following:
(1)
Perform centralized security reviews and complete security processes for approved research sponsored outside the Department, with a focus on multi-site clinical trials.
(2)
Develop and maintain a list of commercially available software preferred for use in sponsored clinical trials of the Department and ensure such list is maintained as part of the official approved software products list of the Department.
(3)
Develop benchmarks for appropriate timelines for security reviews conducted by the Office.
(c)
Report.—
(1)
In general.— Not later than one year after the establishment of the Office, the Office 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 activity of the Office.
(2)
Elements.— The report required by paragraph (1) shall include, at a minimum, the following:
(A)
The number of security reviews completed.
(B)
The number of personnel assigned for performing the functions described in subsection (b).