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38 U.S.C. § 7311 — Quality assurance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall—
(1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Veterans Health Administration (hereinafter in this section referred to as the “quality-assurance program”); and
(2) delineate the responsibilities of the Under Secretary for Health with respect to the quality-assurance program, including the duties prescribed in this section.
**(b)**
(1) As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate—
(A) whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity standards for similar procedures; and
(B) if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration.
(2) The evaluation under paragraph (1)(A) shall be made using the information compiled under subsection (c)(1). The evaluation under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B).
(3) If, based upon an evaluation under paragraph (1)(A), the Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall explain the deviation in the report submitted under subsection (f).11 See References in Text note below.
(4) As part of the quality-assurance program, the Under Secretary for Health shall establish mechanisms through which employees of Veterans Health Administration facilities may submit reports, on a confidential basis, on matters relating to quality of care in Veterans Health Administration facilities to the quality management officers of such facilities under [sect
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Source location: Title 38, Chapter 73, § 7311; chapter-073-veterans-health-administration-organization-and-functions.md
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**(a)** The Secretary shall—
(1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Veterans Health Administration (hereinafter in this section referred to as the “quality-assurance program”); and
(2) delineate the responsibilities of the Under Secretary for Health with respect to the quality-assurance program, including the duties prescribed in this section.
**(b)**
(1) As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate—
(A) whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity standards for similar procedures; and
(B) if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration.
(2) The evaluation under paragraph (1)(A) shall be made using the information compiled under subsection (c)(1). The evaluation under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B).
(3) If, based upon an evaluation under paragraph (1)(A), the Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall explain the deviation in the report submitted under subsection (f).11 See References in Text note below.
(4) As part of the quality-assurance program, the Under Secretary for Health shall establish mechanisms through which employees of Veterans Health Administration facilities may submit reports, on a confidential basis, on matters relating to quality of care in Veterans Health Administration facilities to the quality management officers of such facilities under [section 7311A(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7311A/c&num=0&edition=prelim). The mechanisms shall provide for the prompt and thorough review of any reports so submitted by the receiving officials.
**(c)**
(1) The Under Secretary for Health shall—
(A) determine the prevailing national mortality and morbidity standards for each type of surgical procedure performed by the Administration; and
(B) collect data and other information on mortality and morbidity rates in the Administration for each type of surgical procedure performed by the Administration and (with respect to each such procedure) compile the data and other information so collected—
(i) for each medical facility of the Department, in the case of cardiac surgery, heart transplant, and renal transplant programs; and
(ii) in the aggregate, for each other type of surgical procedure.
(2) The Under Secretary for Health shall—
(A) compare the mortality and morbidity rates compiled under paragraph (1)(B) with the national mortality and morbidity standards determined under paragraph (1)(A); and
(B) analyze any deviation between such rates and such standards in terms of the following:
(i) The characteristics of the respective patient populations.
(ii) The level of risk for the procedure involved, based on—
(I) patient age;
(II) the type and severity of the disease;
(III) the effect of any complicating diseases; and
(IV) the degree of difficulty of the procedure.
(iii) Any other factor that the Under Secretary for Health considers appropriate.
**(d)** Based on the information compiled and the comparisons, analyses, evaluations, and explanations made under subsections (b) and (c), the Under Secretary for Health, in the report under subsection (f),1 shall make such recommendations with respect to quality assurance as the Under Secretary for Health considers appropriate.
**(e)**
(1) The Secretary shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Administration to carry out its responsibilities under this section.
(2) The Inspector General of the Department shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Inspector General to monitor the quality-assurance program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2) The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.
**(b)**
(1) No individual shall be recognized under this section—
(A) unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and
(B) unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.
(2) An individual recognized under this section shall be subject to the provisions of [section 5904(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/b&num=0&edition=prelim) on the same basis as an individual recognized under [section 5904(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/a&num=0&edition=prelim).
**(c)**
(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Laboratory” or “clinical laboratory” defined** As used in this section, the term “laboratory” or “clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.
**(b) Certificate requirement** No person may solicit or accept materials derived from the human body for laboratory examination or other procedure unless there is in effect for the laboratory a certificate issued by the Secretary under this section applicable to the category of examinations or procedures which includes such examination or procedure.
**(c) Issuance and renewal of certificates**
(1) **In general** — The Secretary may issue or renew a certificate for a laboratory only if the laboratory meets the requirements of subsection (d).
(2) **Term** — A certificate issued under this section shall be valid for a period of 2 years or such shorter period as the Secretary may establish.
**(d) Requirements for certificates**
(1) **In general** — A laboratory may be issued a certificate or have its certificate renewed if—
(A) the laboratory submits (or if the laboratory is accredited under subsection (e), the accreditation body which accredited the laboratory submits), an application—
(i) in such form and manner as the Secretary shall prescribe,
(ii) that describes the characteristics of the laboratory examinations and other procedures performed by the laboratory including—
(I) the number and types of laboratory examinations and other procedures
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 263a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Demonstration Project Authorized.—** The Assistant Secretary for Veterans’ Employment and Training shall carry out a demonstration project on credentialing in accordance with this section for the purpose of facilitating the seamless transition of members of the Armed Forces from service on active duty to civilian employment.
**(b) Identification of Military Occupational Specialties and Associated Credentials and Licenses.—**
(1) The Assistant Secretary for Veterans’ Employment and Training shall, in consultation with the Assistant Secretary for Employment and Training, select not more than five military occupational specialties for purposes of the demonstration project. Each specialty so selected by the Assistant Secretary for Veterans’ Employment and Training shall require a skill or set of skills that is required for civilian employment in an industry with high growth or high worker demand.
(2) The Assistant Secretary shall enter into a contract with an appropriate entity representing a coalition of State governors to consult with appropriate Federal, State, and industry officials and identify requirements for credentials, certifications, and licenses that require a skill or set of skills required by a military occupational specialty selected under paragraph (1).
(3) The Assistant Secretary shall analyze the requirements identified under paragraph (2) to determine which requirements may be satisfied by the skills, training, or experience acquired by members of the Armed Forces with the military occupational specialties selected under paragraph (1).
**(c) Elimination of Barriers to Credentialing and Licensure.—** The Assistant Secretary shall cooperate with appropriate Federal, State, and industry officials to reduce or eliminate any barriers to providing a
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Quality Management Officer.—**
(1) The Under Secretary for Health shall designate an official of the Veterans Health Administration to act as the principal quality management officer for the quality-assurance program required by [section 7311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7311&num=0&edition=prelim). The official so designated may be known as the “National Quality Management Officer of the Veterans Health Administration” (in this section referred to as the “National Quality Management Officer”).
(2) The National Quality Management Officer shall report directly to the Under Secretary for Health in the discharge of responsibilities and duties of the Officer under this section.
(3) The National Quality Management Officer shall be the official within the Veterans Health Administration who is principally responsible for the quality-assurance program referred to in paragraph (1). In carrying out that responsibility, the Officer shall be responsible for the following:
(A) Establishing and enforcing the requirements of the program referred to in paragraph (1).
(B) Developing an aggregate quality metric from existing data sources, such as the Inpatient Evaluation Center of the Department, the National Surgical Quality Improvement Program, and the External Peer Review Program of the Veterans Health Administration, that could be used to assess reliably the quality of care provided at individual Department medical centers and associated community based outpatient clinics.
(C) Ensuring that existing measures of quality, including measures from the Inpatient Evaluation Center, the National Surgical Quality Improvement Program, System-Wide Ongoing Assessment and Review reports of the Department, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7311A
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Federal law — U.S. Code and appendices · legal_authorities
Page 1172
TITLE 38—VETERANS’ BENEFITS
§ 7311
1 See References in Text note below.
residency for women’s health care through the
Women Veterans Health Care Mini-Residency
Program of the Department during the one-
year period preceding the submittal of the re-
port and the number of mini-residency train-
ing slots for such program that are available
during the one-year period following such
date.
(6) The number of designated women’s
health care providers of the Department who
have sufficient women patient loads or case
complexities to retain their competencies and
proficiencies.
(f) ACCESSIBILITY
AND TREATMENT OPTIONS.—
Each report under subsection (a) shall include
an analysis of the accessibility and treatment
options for women veterans, including the fol-
lowing:
(1) An assessment of wheelchair accessibility
of women’s health centers of the Department,
including, with respect to each such center, an
assessment of accessibility for each kind of
treatment provided at the center, including
with respect to radiology and mammography,
that addresses all relevant factors, including
door sizes, hoists, and equipment.
(2) The options for women veterans to access
mental health providers and primary care pro-
viders who are women.
(3) The options for women veterans at med-
ical facilities of the Department with respect
to
clothing
sizes,
including
for
gowns,
drawstring pants, and pajamas.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional
committees’’ means—
(A) the Committee on Appropriations and
the Committee on Veterans’ Affairs of the
Senate; and
(B) the Committee on Appropriations and
the Committee on Veterans’ Affairs of the
House of Representatives.
(2)
The
term
‘‘gender-specific
services’’
means mammography
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7311
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