38 U.S.C. § 1701 — Definitions

Page 266 TITLE 38—VETERANS’ BENEFITS § 1701 1999—Pub. L. 106–117, title I, §§ 101(a)(2), (c)(2), 111(b)(2), title II, § 202(b), Nov. 30, 1999, 113 Stat. 1548, 1549, 1556, 1561, added items 1710A, 1710B, 1725, and 1729B. 1998—Pub. L. 105–368, title IX, § 901(b), Nov. 11, 1998, 112 Stat. 3360, added item 1720E. 1997—Pub. L. 105–114, title II, §§ 202(d), 206(b)(3), Nov. 21, 1997, 111 Stat. 2287, 2289, substituted ‘‘Treatment and rehabilitative services for persons with drug or alcohol dependency’’ for ‘‘Treatment and rehabilitation for al- cohol or drug dependence or abuse disabilities’’ in item 1720A, struck out ‘‘: pilot program’’ after ‘‘home care’’ in item 1720C, and added item for subchapter VII and items 1771 to 1774. Pub. L. 105–33, title VIII, § 8023(a)(2), Aug. 5, 1997, 111 Stat. 667, added item 1729A. Pub. L. 105–12, § 9(i)(2), Apr. 30, 1997, 111 Stat. 27, added item 1707. 1996—Pub. L. 104–262, title I, §§ 101(c)(2)(B), 104(a)(2), Oct. 9, 1996, 110 Stat. 3179, 3184, added items 1705 and 1706 and substituted ‘‘Dental care; drugs and medicines for certain disabled veterans; vaccines’’ for ‘‘Eligibility for outpatient services’’ in item 1712. 1994—Pub. L. 103–452, title I, § 101(f)(2)(B), Nov. 2, 1994, 108 Stat. 4784, substituted ‘‘and treatment’’ for ‘‘to women veterans’’ in item 1720D. 1992—Pub. L. 102–585, title I, § 102(a)(2), title V, §§ 512(b), 514(b), Nov. 4, 1992, 106 Stat. 4946, 4958, added items 1704 and 1720D and struck out subchapter VII heading ‘‘PREVENTIVE HEALTH-CARE SERVICES PILOT PROGRAM’’ and items 1761 ‘‘Purpose’’, 1762 ‘‘Definition’’, 1763 ‘‘Preventive health-care services’’, and 1764 ‘‘Reports’’. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 601 to 664 as 1701 to 1764, respec- tively. Pub. L. 102–83, § 4(a)(5), Aug. 6, 1991, 105 Stat. 404, sub- stituted ‘‘non-Department’’ for ‘‘non-Veterans’ Admin- istration’’ in item 603. 1990—Pub. L. 101–508, title VIII, § 8012(a)(2), Nov. 5, 1990, 104 Stat. 1388–345, added item 622A. Pub. L. 101–366, title II, § 201(a)(2), Aug. 15, 1990, 104 Stat. 438, added item 620C. 1988—Pub. L. 100–322, title I, §§ 101(h)(2), 115(g)(2), May 20, 1988, 102 Stat. 492, 502, substituted ‘‘Eligibility for outpatient services’’ for ‘‘Eligibility for medical treat- ment’’ in item 612, substituted ‘‘Home health services; invalid’’ for ‘‘Invalid’’ in item 617, and struck out item 620C ‘‘Community based psychiatric residential treat- ment for chronically mentally ill veterans’’. 1987—Pub. L. 100–6, § 2(b), Feb. 12, 1987, 101 Stat. 94, added item 620C. 1986—Pub. L. 99–576, title II, § 201(a)(2), 100 Stat. 3254, added item 620B. Pub. L. 99–272, title XIX, §§ 19011(c)(2), 19012(b)(2), Apr. 7, 1986, 100 Stat. 378, 382, added item 603, and substituted ‘‘Determination’’ for ‘‘Evidence’’ and inserted ‘‘; income thresholds’’ in item 622. 1985—Pub. L. 99–166, title I, §§ 101(b)(2), 107(b), Dec. 3, 1985, 99 Stat. 943, 946, added item 612B and struck out ‘‘; pilot program’’ after ‘‘disabilities’’ in item 620A. 1983—Pub. L. 98–160, title I, §§ 103(a)(3), 104(b), Nov. 21, 1983, 97 Stat. 996, 998, inserted ‘‘; adult day health care’’ in item 620 and added item 630. 1982—Pub. L. 97–295, § 4(15), Oct. 12, 1982, 96 Stat. 1306, substituted ‘‘Hospital care, medical services, and nurs- ing home care abroad’’ for ‘‘Hospital care and medical services abroad’’ in item 624. 1981—Pub. L. 97–72, title I, §§ 106(a)(2), 107(c)(2), (d)(2), Nov. 3, 1981, 95 Stat. 1051, 1052, 1053, added item 629, sub- stituted ‘‘HOSPITAL CARE AND MEDICAL TREAT- MENT FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES’’ for ‘‘HOSPITAL AND MEDICAL CARE FOR COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS’’ in item relating to subchapter IV, and substituted ‘‘Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center’’ for ‘‘Contracts and grants to provide hospital care, medical services and nursing home care’’ in item 632. 1980—Pub. L. 96–330, title IV, § 401(b), Aug. 26, 1980, 94 Stat. 1051, substituted ‘‘Evidence of inability to defray necessary expenses’’ for ‘‘Statement under oath’’ in item 622. 1979—Pub. L. 96–22, title I, §§ 103(a)(2), 104(b), 105(b), 106(b), June 13, 1979, 93 Stat. 50, 51, 53, added items 612A, 620A, 634, and 661 to 664 and redesignated former item 634 as 635. 1977—Pub. L. 95–62, § 4(b), July 5, 1977, 91 Stat. 263, struck out item 644 ‘‘Authorization of appropriations’’. 1976—Pub. L. 94–581, title II, §§ 202(a), 203(b), Oct. 21, 1976, 90 Stat. 2855, 2856, inserted ‘‘NURSING HOME,’’ in chapter heading, and, in analysis of subchapter head- ings and section catchlines, inserted ‘‘, NURSING HOME’’ in item for subchapter II, inserted ‘‘, nursing home’’ in item 610, substituted ‘‘Care’’ for ‘‘Hospitaliza- tion’’ in item 611, and inserted ‘‘AND NURSING HOME’’ in item for subchapter III. 1973—Pub. L. 93–82, title I, §§ 103(c), 106(b), 107(b), 109(b), Aug. 2, 1973, 87 Stat. 182, 184, 186, 187, substituted ‘‘Medical care for survivors and dependents of certain veterans’’ and ‘‘Fitting and training in use of pros- thetic appliances; seeing-eye dogs’’ for ‘‘Fitting and training in use of prosthetic appliances’’ and ‘‘Seeing- eye dogs’’ in items 613 and 614, respectively, substituted ‘‘natural disaster’’ for ‘‘fire’’ in item 626, added item 628, substituted ‘‘Assistance to the Republic of the Philippines’’ and ‘‘Contracts and grants to provide hos- pital care, medical services and nursing home care’’ for ‘‘Grants to the Republic of the Philippines’’ and ‘‘Modi- fication of agreement with the Republic of the Phil- ippines effectuating the Act of July 1, 1948’’ in items 631 and 632, respectively, and added ‘‘SUBCHAPTER VI— SICKLE CELL ANEMIA’’ comprising items 651 to 654. Pub. L. 93–43, § 4(c)(2), June 18, 1973, 87 Stat. 79, struck out item 625 ‘‘Arrests for crimes in hospitals and domi- ciliary reservations’’. 1969—Pub. L. 91–178, § 2(b), Dec. 30, 1969, 83 Stat. 837, added item 644. 1968—Pub. L. 90–493, § 3(b), Aug. 19, 1968, 82 Stat. 809, substituted ‘‘Invalid lifts and other devices’’ for ‘‘In- valid lifts and other devices for pensioners’’ in item 617. 1964—Pub. L. 88–450, §§ 2(b), 6(b), Aug. 19, 1964, 78 Stat. 500, 504, inserted ‘‘and other devices’’ in item 617 and added item 620. 1962—Pub. L. 87–850, § 1(b), Oct. 23, 1962, 76 Stat. 1126, added item 619. Pub. L. 87–574, § 2(2), Aug. 6, 1962, 76 Stat. 308, added item 618. 1959—Pub. L. 86–211, § 7(b), Aug. 29, 1959, 73 Stat. 436, added item 617. SUBCHAPTER I—GENERAL § 1701. Definitions For the purposes of this chapter— (1) The term ‘‘disability’’ means a disease, in- jury, or other physical or mental defect. (2) The term ‘‘veteran of any war’’ includes any veteran awarded the Medal of Honor. (3) The term ‘‘facilities of the Department’’ means— (A) facilities over which the Secretary has direct jurisdiction; (B) Government facilities for which the Sec- retary contracts; and (C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under section 1710 of this title. (4) The term ‘‘non-Department facilities’’ means facilities other than Department facili- ties. (5) The term ‘‘hospital care’’ includes— (A)(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursu- ant to the provisions of section 111 of this title; Page 267 TITLE 38—VETERANS’ BENEFITS § 1701 (B) such mental health services, consulta- tion, professional counseling, marriage and family counseling, and training for the mem- bers of the immediate family or legal guardian of a veteran, or the individual in whose house- hold such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a vet- eran receiving care under the last sentence of section 1781(b) of this title; and (C)(i) medical services rendered in the course of the hospitalization of a dependent or sur- vivor of a veteran receiving care under the last sentence of section 1781(b) of this title, and (ii) travel and incidental expenses for such dependent or survivor under the terms and conditions set forth in section 111 of this title. (6) The term ‘‘medical services’’ includes, in addition to medical examination, treatment, and rehabilitative services, the following: (A) Surgical services. (B) Dental services and appliances as de- scribed in sections 1710 and 1712 of this title. (C) Optometric and podiatric services. (D) Preventive health services. (E) Noninstitutional extended care services, including alternatives to institutional ex- tended care that the Secretary may furnish di- rectly, by contract, or through provision of case management by another provider or payer. (F) In the case of a person otherwise receiv- ing care or services under this chapter— (i) wheelchairs, artificial limbs, trusses, and similar appliances; (ii) special clothing made necessary by the wearing of prosthetic appliances; and (iii) such other supplies or services as the Secretary determines to be reasonable and necessary. (G) Travel and incidental expenses pursuant to section 111 of this title. (H) Chiropractic services. (I) The provision of medically necessary van lifts, raised doors, raised roofs, air condi- tioning, and wheelchair tiedowns for passenger use. (7) The term ‘‘domiciliary care’’ includes nec- essary medical services and travel and inci- dental expenses pursuant to the provisions of section 111 of this title. (8) The term ‘‘rehabilitative services’’ means such professional, counseling, chiropractic, and guidance services and treatment programs as are necessary to restore, to the maximum ex- tent possible, the physical, mental, and psycho- logical functioning of an ill or disabled person. (9) The term ‘‘preventive health services’’ means— (A) periodic medical and dental examina- tions; (B) patient health education (including nu- trition education); (C) maintenance of drug use profiles, patient drug monitoring, and drug utilization edu- cation; (D) mental health preventive services; (E) substance abuse prevention measures; (F) chiropractic examinations and services; (G) immunizations against infectious dis- eases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; (H) prevention of musculoskeletal deformity or other gradually developing disabilities of a metabolic or degenerative nature; (I) genetic counseling concerning inherit- ance of genetically determined diseases; (J) routine vision testing and eye care serv- ices; (K) periodic reexamination of members of likely target populations (high-risk groups) for selected diseases and for functional decline of sensory organs, together with attendant ap- propriate remedial intervention; and (L) such other health-care services as the Secretary may determine to be necessary to provide effective and economical preventive health care. (10) The term ‘‘recommended adult immuniza- tion schedule’’ means the schedule established (and periodically reviewed and, as appropriate, revised) by the Advisory Committee on Immuni- zation Practices established by the Secretary of Health and Human Services and delegated to the Centers for Disease Control and Prevention. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 601; Pub. L. 86–598, July 7, 1960, 74 Stat. 335; Pub. L. 86–639, § 2, July 12, 1960, 74 Stat. 472; Pub. L. 88–481, Aug. 22, 1964, 78 Stat. 593; Pub. L. 90–612, § 2, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 93–82, title I, § 101, Aug. 2, 1973, 87 Stat. 179; Pub. L. 94–581, title I, § 102, title II, § 202(b), Oct. 21, 1976, 90 Stat. 2843, 2855; Pub. L. 95–520, § 5, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96–22, title I, § 102(c), title II, § 201(a), June 13, 1979, 93 Stat. 48, 54; Pub. L. 96–151, title II, §§ 201(b), 202, Dec. 20, 1979, 93 Stat. 1093, 1094; Pub. L. 97–72, title I, § 101, Nov. 3, 1981, 95 Stat. 1047; Pub. L. 97–251, § 4, Sept. 8, 1982, 96 Stat. 716; Pub. L. 98–105, Sept. 30, 1983, 97 Stat. 730; Pub. L. 98–160, title I, § 106(a), Nov. 21, 1983, 97 Stat. 998; Pub. L. 98–528, title I, § 103(a), Oct. 19, 1984, 98 Stat. 2688; Pub. L. 99–108, § 2, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title I, § 102(a), Dec. 3, 1985, 99 Stat. 943; Pub. L. 99–272, title XIX, §§ 19011(d)(2), 19012(a), Apr. 7, 1986, 100 Stat. 378, 380; Pub. L. 99–576, title II, § 203, Oct. 28, 1986, 100 Stat. 3255; Pub. L. 100–322, title I, § 131, May 20, 1988, 102 Stat. 506; Pub. L. 102–54, § 14(b)(8), June 13, 1991, 105 Stat. 283; renumbered § 1701 and amended Pub. L. 102–83, §§ 4(a)(2)(E), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513, Nov. 4, 1992, 106 Stat. 4958; Pub. L. 103–446, title XII, § 1202(b)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104–262, title I, §§ 101(d)(1), 103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; Pub. L. 106–117, title I, § 101(b), Nov. 30, 1999, 113 Stat. 1548; Pub. L. 107–135, title II, § 208(a)(1), (e)(2), Jan. 23, 2002, 115 Stat. 2461, 2463; Pub. L. 107–330, title III, § 308(g)(3), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108–170, title I, §§ 104(a), 106(a), Dec. 6, 2003, 117 Stat. 2044, 2045; Pub. L. 110–387, title III, § 301(a)(1), title VIII, § 801, Oct. 10, 2008, 122 Stat. 4120, 4140; Pub. L. 114–315, title VI, § 602(a), Dec. 16, 2016, 130 Stat. 1569; Pub. L. 115–141, div. J, title II, § 245(b), Mar. 23, 2018, 132 Stat. 823; Pub. L. 117–333, § 22, Jan. 5, 2023, 136 Stat. 6138.) Page 268 TITLE 38—VETERANS’ BENEFITS § 1701 Editorial Notes CODIFICATION The text of section 1762 of this title, which was trans- ferred to the end of this section, redesignated as par. (9), and amended by Pub. L. 102–585, was based on Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406. PRIOR PROVISIONS Prior sections 1700 and 1701 were renumbered sections 3500 and 3501 of this title, respectively. AMENDMENTS 2023—Par. (6)(I). Pub. L. 117–333 added subpar. (I). 2018—Par. (6)(H). Pub. L. 115–141, § 245(b)(1), added sub- par. (H). Par. (8). Pub. L. 115–141, § 245(b)(2), inserted ‘‘chiro- practic,’’ after ‘‘counseling,’’. Par. (9)(F) to (L). Pub. L. 115–141, § 245(b)(3), added subpar. (F) and redesignated former subpars. (F) to (K) as (G) to (L), respectively. 2016—Par. (9)(F). Pub. L. 114–315, § 602(a)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘immunizations against infectious dis- ease;’’. Par. (10). Pub. L. 114–315, § 602(a)(2), added par. (10). 2008—Par. (5)(B). Pub. L. 110–387, § 301(a)(1), inserted ‘‘marriage and family counseling,’’ after ‘‘professional counseling,’’ and substituted ‘‘as the Secretary con- siders appropriate for’’ for ‘‘as may be essential to’’. Par. (6)(E) to (G). Pub. L. 110–387, § 801(2), added sub- par. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. Par. (10). Pub. L. 110–387, § 801(1), struck out par. (10) which read as follows: ‘‘(10)(A) During the period beginning on November 30, 1999, and ending on December 31, 2008, the term ‘med- ical services’ includes noninstitutional extended care services. ‘‘(B) For the purposes of subparagraph (A), the term ‘noninstitutional extended care services’ means such alternatives to institutional extended care which the Secretary may furnish (i) directly, (ii) by contract, or (iii) (through provision of case management) by an- other provider or payor.’’ 2003—Par. (8). Pub. L. 108–170, § 104(a), struck out ‘‘(other than those types of vocational rehabilitation services provided under chapter 31 of this title)’’ after ‘‘programs’’. Par. (10)(A). Pub. L. 108–170, § 106(a), substituted ‘‘No- vember 30, 1999, and ending on December 31, 2008,’’ for ‘‘the date of the enactment of the Veterans Millennium Health Care and Benefits Act and ending on December 31, 2003,’’. 2002—Par. (5). Pub. L. 107–135, § 208(e)(2), substituted ‘‘1781(b)’’ for ‘‘1713(b)’’ in subpars. (B) and (C)(i). Par. (6). Pub. L. 107–135, § 208(a)(1)(A), (B), substituted ‘‘services, the following:’’ for ‘‘services—’’ in introduc- tory provisions and struck out concluding provisions which read as follows: ‘‘For the purposes of this para- graph, a dependent or survivor of a veteran receiving care under the last sentence of section 1713(b) of this title shall be eligible for the same medical services as a veteran.’’ Par. (6)(A). Pub. L. 107–135, § 208(a)(1)(C), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘(i) surgical services, dental services and ap- pliances as described in sections 1710 and 1712 of this title, optometric and podiatric services, preventive health services, and (in the case of a person otherwise receiving care or services under this chapter) wheel- chairs, artificial limbs, trusses, and similar appliances, special clothing made necessary by the wearing of pros- thetic appliances, and such other supplies or services as the Secretary determines to be reasonable and nec- essary, except that the Secretary may not furnish sensori-neural aids other than in accordance with guidelines which the Secretary shall prescribe, and (ii) travel and incidental expenses pursuant to the provi- sions of section 111 of this title; and’’. Par. (6)(B) to (F). Pub. L. 107–135, § 208(a)(1)(A), (C), added subpars. (B) to (F) and struck out former subpar. (B) which included in the definition of ‘‘medical serv- ices’’ certain necessary consultation, professional counseling, training, and mental health services. Par. (10)(A). Pub. L. 107–330, which directed the sub- stitution of ‘‘November 30, 1999,’’ for ‘‘the date of the enactment of the Veterans’ Millennium Health Care and Benefits Act’’, could not be executed because the word ‘‘Veterans’ ’’ did not appear in text. 1999—Par. (10). Pub. L. 106–117 added par. (10). 1996—Par. (6)(A)(i). Pub. L. 104–262, § 103(a), struck out ‘‘(in the case of a person otherwise receiving care or services under this chapter)’’ before ‘‘preventive health services,’’, substituted ‘‘(in the case of a person other- wise receiving care or services under this chapter)’’ for ‘‘(except under the conditions described in section 1712(a)(5)(A) of this title),’’, and inserted ‘‘except that the Secretary may not furnish sensori-neural aids other than in accordance with guidelines which the Secretary shall prescribe,’’ after ‘‘reasonable and nec- essary,’’. Par. (6)(B)(i)(I). Pub. L. 104–262, § 101(d)(1)(A), sub- stituted ‘‘paragraph (1) or (2) of section 1710(a)’’ for ‘‘section 1712(a)’’. Par. (6)(B)(i)(II). Pub. L. 104–262, § 101(d)(1)(B), sub- stituted ‘‘paragraph (1), (2) or (3) of section 1710(a)’’ for ‘‘section 1712(a)(5)(B)’’. 1994—Par. (3). Pub. L. 103–446 made technical correc- tion to directory language of Pub. L. 102–83, § 4(a)(2)(E). See 1991 Amendment note below. 1992—Par. (6)(A)(i). Pub. L. 102–585, § 513(b), sub- stituted ‘‘preventive health services,’’ for ‘‘preventive health-care services as defined in section 1762 of this title,’’. Par. (9). Pub. L. 102–585, § 513(a), transferred the text of section 1762 of this title to the end of this section and redesignated it as par. (9), substituted ‘‘The term ‘preventive health service’ means’’ for ‘‘For the pur- poses of this subchapter, the term ‘preventive health- care services’ means’’, and redesignated pars. (1) to (11) as subpars. (A) to (K), respectively. See Codification note above. 1991—Pub. L. 102–83, § 5(a), renumbered section 601 of this title as this section. Par. (2). Pub. L. 102–54, § 14(b)(8)(A), struck out ‘‘any veteran of the Indian Wars, or’’ after ‘‘includes’’. Par. (3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1710’’ for ‘‘610’’ in subpar. (C). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in subpars. (A) to (C). Pub. L. 102–83, § 4(a)(2)(E), as amended by Pub. L. 103–446, substituted ‘‘facilities of the Department’’ for ‘‘Veterans’ Administration facilities’’. Pub. L. 102–54, § 14(b)(8)(B), (C), redesignated par. (4) as (3) and struck out former par. (3) which read as fol- lows: ‘‘The term ‘period of war’ includes each of the In- dian Wars.’’ Par. (4). Pub. L. 102–83, § 4(a)(5), substituted ‘‘non-De- partment’’ for ‘‘non-Veterans’ Administration’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–54, § 14(b)(8)(E), redesignated par. (9) as (4). Par. (5). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1713(b)’’ for ‘‘613(b)’’ in subpars. (B) and (C)(i). Par. (6). Pub. L. 102–83, § 5(c)(1), in subpar. (A) sub- stituted ‘‘1710 and 1712’’ for ‘‘610 and 612’’, ‘‘1762’’ for ‘‘662’’, and ‘‘1712(a)(5)(A)’’ for ‘‘612(a)(5)(A)’’, in subpar. (B) substituted ‘‘1712(a)’’ for ‘‘612(a)’’, ‘‘1712(a)(5)(B)’’ for ‘‘612(a)(5)(B)’’, and ‘‘1713(b)’’ for ‘‘613(b)’’, and in last sentence substituted ‘‘1713(b)’’ for ‘‘613(b)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–54, § 14(b)(8)(D), substituted ‘‘612(a)(5)(A)’’ for ‘‘612(f)(1)(A)(i)’’ in subpar. (A)(i) and ‘‘612(a)(5)(B)’’ for ‘‘612(f)(1)(A)(ii)’’ in subpar. (B)(i)(II). Par. (9). Pub. L. 102–54, § 14(b)(8)(E), redesignated par. (9) as (4). Page 269 TITLE 38—VETERANS’ BENEFITS § 1701 1988—Par. (4)(C). Pub. L. 100–322 added subpar. (C). 1986—Par. (4). Pub. L. 99–272, § 19012(a)(1), struck out cl. (C) and provision following such clause, both relat- ing to private facilities under contract as Veterans’ Ad- ministration facilities. Par. (6)(A)(i). Pub. L. 99–272, § 19011(d)(2)(A), sub- stituted ‘‘section 612(f)(1)(A)(i)’’ for ‘‘section 612(f)(1)(A)’’. Par. (6)(B). Pub. L. 99–576 amended subpar. (B) gen- erally. Prior to amendment, subpar. (B) read as follows: ‘‘such consultation, professional counseling, training, and mental health services as are necessary in connec- tion with the treatment— ‘‘(i) of the service-connected disability of a veteran pursuant to section 612(a) of this title, and ‘‘(ii) in the discretion of the Administrator, of the non-service-connected disability of a veteran eligible for treatment under section 612(f)(1)(A)(ii) of this title where such services were initiated during the veteran’s hospitalization and the provision of such services on an outpatient basis is essential to permit the discharge of the veteran from the hospital, for the members of the immediate family or legal guardian of a veteran, or the individual in whose house- hold such veteran certifies an intention to live, as may be essential to the effective treatment and rehabilita- tion of the veteran (including, under the terms and con- ditions set forth in section 111 of this title, travel and incidental expenses of such family member or indi- vidual in the case of a veteran who is receiving care for a service-connected disability, or in the case of depend- ent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title). For the pur- poses of this paragraph, a dependent or survivor of a veteran receiving care under the last sentence of sec- tion 613(b) of this title shall be eligible for the same medical services as a veteran.’’ Par. (6)(B)(ii). Pub. L. 99–272, § 19011(d)(2)(B), sub- stituted ‘‘section 612(f)(1)(A)(ii)’’ for ‘‘section 612(f)(1)(B)’’. Par. (9). Pub. L. 99–272, § 19012(a)(2), added par. (9). 1985—Par. (4)(C)(v). Pub. L. 99–166, § 102(a), substituted ‘‘with respect to the Commonwealth of Puerto Rico shall expire on September 30, 1988’’ for ‘‘(except with re- spect to Alaska and Hawaii) shall expire on October 31, 1985’’ and struck out ‘‘and to the Virgin Islands’’ before ‘‘of the restrictions in this subclause’’. Pub. L. 99–108 substituted ‘‘October 31, 1985’’ for ‘‘Sep- tember 30, 1985’’. 1984—Par. (4)(C)(v). Pub. L. 98–528 substituted ‘‘Sep- tember 30, 1985’’ for ‘‘September 30, 1984’’. 1983—Par. (4)(C)(v). Pub. L. 98–105 substituted ‘‘Sep- tember 30, 1984’’ for ‘‘September 30, 1983’’. Par. (6)(a)(i). Pub. L. 98–160 inserted ‘‘(in the case of a person otherwise receiving care or services under this chapter) preventive health-care services as defined in section 662 of this title,’’. 1982—Par. (4)(C)(v). Pub. L. 97–251 substituted ‘‘Sep- tember 30, 1983’’ for ‘‘September 30, 1982’’. 1981—Par. (4)(C)(v). Pub. L. 97–72 substituted ‘‘Sep- tember 30, 1982’’ for ‘‘December 31, 1981’’. 1979—Par. (4). Pub. L. 96–22, §§ 102(c)(1), 201(a), sub- stituted ‘‘medical services for the treatment of any dis- ability of a veteran described in clause (1)(B) or (2) of the first sentence, or the third sentence, of section 612(f) of this title or of a veteran described in section 612(g) of this title if the Administrator has determined, based on an examination by a physician employed by the Veterans’ Administration (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), that the medical condition of such veteran precludes appropriate treatment in facilities described in clauses (A) and (B) of this paragraph’’ for ‘‘medical services for the treatment of any disability of a veteran described in clause (1)(B) or (2) of section 612(f) of this title’’ in subcl. (ii) of cl. (C), and added subcl. (vi) of cl. (C) and the provisions following cl. (C) relating to the periodic review of the necessity for continuing contractual ar- rangements in the case of veterans receiving contract care. Par. (4)(C)(iii). Pub. L. 96–151, § 202, inserted provi- sions respecting safe transfer of the veteran, and sub- stituted ‘‘medical services in’’ for ‘‘hospital care in’’. Par. (5)(A). Pub. L. 96–151, § 201(b)(1), substituted ‘‘travel’’ for ‘‘transportation’’. Par. (5)(C). Pub. L. 96–151, § 201(b)(2), substituted pro- visions relating to travel and incidental expenses for provisions relating to transportation and incidental ex- penses. Par. (6)(A)(i). Pub. L. 96–22, § 102(c)(2), substituted ‘‘described in sections 610 and 612 of this title’’ for ‘‘au- thorized in sections 612 (b), (c), (d), and (e) of this title’’. Par. (6)(B). Pub. L. 96–151, § 201(b)(3), substituted ‘‘travel and incidental expenses’’ for ‘‘necessary ex- penses of travel and subsistence’’. 1978—Par. (4)(C)(v). Pub. L. 95–520 defined ‘‘Veterans’ Administration facilities’’ to include certain private fa- cilities to provide medical services to obviate the need for hospital admission, deleted reference to hospital care for veterans in a territory, Commonwealth, or pos- session of the United States not contiguous to the forty-eight contiguous States, substituted provision re- quiring the annually determined hospital patient load and incidence of the provision of medical services to veterans hospitalized or treated at expense of Veterans’ Administration in Government and private facilities in each noncontiguous State to be consistent with patient load or incidence of the provision of medical services for veterans hospitalized or treated by the Veterans’ Administration within the forty-eight contiguous States for prior requirement that the annually deter- mined average hospital patient load per thousand vet- eran population hospitalized at Veterans’ Administra- tion expense in Government and private facilities in each noncontiguous State not exceed the average pa- tient load per thousand veteran population hospitalized by the Veterans’ Administration within the forty-eight contiguous States; extended termination date for exer- cise of subcl. (v) authority to Dec. 31, 1981, from Dec. 31, 1978, except as to Alaska and Hawaii, and authorized waiver by the Administrator, to prevent hardship, of applicability to Puerto Rico and Virgin Islands of subcl. (v) restrictions with respect to hospital patient loads and incidence of provision of medical services. 1976—Par. (4)(A). Pub. L. 94–581, § 202(b)(1), substituted ‘‘direct jurisdiction’’ for ‘‘direct and exclusive jurisdic- tion’’. Par. (4)(C). Pub. L. 94–581, § 202(b)(2), inserted ‘‘when facilities described in clause (A) or (B) of this para- graph are not capable of furnishing economical care be- cause of geographical inaccessibility or of furnishing the care or services required’’ after ‘‘contracts’’ in pro- visions preceding subcl. (i), substituted ‘‘to a veteran for the treatment of a service-connected disability or a disability for which a veteran was discharged’’ for ‘‘for persons suffering from service-connected disabilities or from disabilities for which such persons were dis- charged’’ in subcl. (i), added subcls. (ii) and (iii), redes- ignated former subcls. (ii) and (iii) as (iv) and (v), re- spectively, and in subcl. (v) as so redesignated, sub- stituted ‘‘subclause (v)’’ for ‘‘clause (iii)’’. Par. (5)(A)(ii). Pub. L. 94–581, § 202(b)(3), substituted ‘‘pursuant to the provisions of section 111 of this title’’ for ‘‘for any veteran who is in need of treatment for a service-connected disability or who is unable to defray the expense of transportation’’. Par. (5)(B). Pub. L. 94–581, § 102(1), substituted ‘‘for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as may be essen- tial to the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title; and’’ for ‘‘(including (i) necessary expenses for transportation if unable to defray such expenses; or (ii) necessary expenses of transportation and subsistence in the case of a veteran who is receiving care for a service- connected disability, or in the case of a dependent or survivor of a veteran receiving care under the last sen- Page 270 TITLE 38—VETERANS’ BENEFITS § 1701 tence of section 613(b) of this title, under the terms and conditions set forth in section 111 of this title) of the members of the immediate family (including legal guardians) of a veteran or such a dependent or survivor of a veteran, or in the case of a veteran or such depend- ent or survivor of a veteran who has no immediate fam- ily members (or legal guardian), the person in whose household such veteran, or such a dependent or sur- vivor certifies his intention to live, as may be nec- essary or appropriate to the effective treatment and re- habilitation of a veteran or such a dependent or a sur- vivor of a veteran; and’’. Par. (6). Pub. L. 94–581, § 102(2), expanded definition of ‘‘medical services’’ to include rehabilitation services, podiatric services, and travel and incidental expenses pursuant to the provisions of section 111 of this title, and, for the members of the immediate family or legal guardian of a veteran, or the individual in whose house- hold such veteran certifies an intention to live, as may be essential to the effective treatment and rehabilita- tion of the veteran, such consultation, professional counseling, training, and mental health services as are necessary in connection with the treatment of the serv- ice-connected disability of a veteran pursuant to sec- tion 612(a) of this title, and, in the discretion of the Ad- ministrator, of the non-service-connected disability of a veteran eligible for treatment under section 612(f)(1)(B) of this title where such services were initi- ated during the veteran’s hospitalization and the provi- sion of such services on an outpatient basis is essential to permit the discharge of the veteran from the hos- pital. Par. (7). Pub. L. 94–581, § 102(3), substituted ‘‘necessary medical services and travel and incidental expenses pursuant to the provisions of section 111 of this title’’ for ‘‘transportation and incidental expenses for vet- erans who are unable to defray the expenses of trans- portation’’. Par. (8). Pub. L. 94–581, § 102(4), added par. (8). 1973—Par. (4)(C). Pub. L. 93–82, § 101(a), extended the Administrator’s contract authority for providing hos- pital care and medical services to persons suffering from service-connected disabilities or from disabilities for which such persons were discharged or released from the active military, naval, or air service and re- moved the limitation on such authority that such care be rendered in emergency cases only. Par. (5). Pub. L. 93–82, § 101(b), incorporated existing provisions in subpar. (A) and added subpars. (B) and (C). Par. (6). Pub. L. 93–82, § 101(c), expanded definition of ‘‘medical services’’ to include home health services de- termined by the Secretary to be necessary or appro- priate for the effective and economical treatment of a disability of a veteran or a dependent or survivor of a veteran receiving care under section 613(b) of this title. 1968—Par. (4)(C)(iii). Pub. L. 90–612 expanded category of veterans of wars in the Territories, Commonwealths, or possessions of the United States to include, until De- cember 31, 1978, veterans of such wars in States not contiguous to the forty-eight contiguous States, with the annually determined average hospital patient load per thousand of hospitalized veteran population in each such noncontiguous States not to exceed the average within the forty-eight contiguous States. 1964—Par. (2). Pub. L. 88–481 included any veteran awarded the Medal of Honor. 1960—Par. (6). Pub. L. 86–639 inserted ‘‘(except under the conditions described in section 612(f)(1))’’. Pub. L. 86–598 inserted ‘‘optometrists’ services’’ after ‘‘medical examination and treatment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–446, title XII, § 1202(b), Nov. 2, 1994, 108 Stat. 4689, provided that the amendment made by that section is effective Aug. 6, 1991, and as if included in the enactment of Pub. L. 102–83. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 19011(d)(2) of Pub. L. 99–272 ap- plicable to hospital care, nursing home care, and med- ical services furnished on or after July 1, 1986, see sec- tion 19011(f) of Pub. L. 99–272, set out as a note under section 1710 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–151 effective Jan. 1, 1980, see section 206 of Pub. L. 96–151, set out as a note under section 111 of this title. Pub. L. 96–22, title I, § 107, June 13, 1979, 93 Stat. 53, provided that: ‘‘The amendments made to title 38, United States Code, by sections 102, 103, 104, 105, and 106 of this Act [see Tables for classification] shall be effec- tive on October 1, 1979.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–82, title V, § 501, Aug. 2, 1973, 87 Stat. 196, provided that: ‘‘The provisions of this Act [see Tables for classification] shall become effective the first day of the first calendar month following the date of enact- ment [Aug. 2, 1973], except that sections 105 and 106 [amending section 626 [now 1726] of this title and enact- ing section 628 [now 1728] of this title] shall be effective on January 1, 1971; section 107 [enacting sections 631 and 632 [now 1731 and 1732] of this title and provisions set out as note under section 1732 of this title] shall be effective July 1, 1973; and section 203 [amending former section 4107 of this title] shall become effective begin- ning the first pay period following thirty days after the date of enactment of this Act [Aug. 2, 1973].’’ CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114–315, title VI, § 602(d), Dec. 16, 2016, 130 Stat. 1570, provided that: ‘‘Nothing in this section [amending this section and section 1704 of this title] or the amend- ments made by this section may be construed to re- quire a veteran to receive an immunization that the veteran does not want to receive.’’ STRATEGIC PLAN ON VALUE-BASED HEALTH CARE SYS- TEM FOR VETERANS HEALTH ADMINISTRATION; PILOT PROGRAM Pub. L. 118–210, title I, § 107, Jan. 2, 2025, 138 Stat. 2716, provided that: ‘‘(a) ESTABLISHMENT OF WORKING GROUP.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall— ‘‘(A) establish a working group on value-based care; and ‘‘(B) submit to the Committees on Veterans’ Af- fairs of the House of Representatives and the Sen- ate the strategic plan developed by the working group pursuant to subsection (b). ‘‘(2) MEMBERSHIP.— ‘‘(A) REQUIRED MEMBERS.—The working group shall include, at a minimum, the following mem- bers: ‘‘(i) The Under Secretary for Health of the De- partment of Veterans Affairs. ‘‘(ii) The Director of the Office of Mental Health and Suicide Prevention of the Department of Vet- erans Affairs (or any successor office). ‘‘(iii) The Director of the Office of Integrated Veteran Care of the Department (or any successor office). ‘‘(iv) The Director of the Office of Rural Health of the Department (or any successor office). ‘‘(v) The Director of the Office of Connected Care of the Department (or any successor office). ‘‘(vi) The Assistant Secretary for the Office of Information Technology (or any successor office). ‘‘(vii) The Chief Officer of the Office of Healthcare Innovation and Learning of the Office of Discovery, Education, and Affiliate Networks Page 271 TITLE 38—VETERANS’ BENEFITS § 1701 of the Veterans Health Administration (or any successor office). ‘‘(viii) An individual designated by the Sec- retary from the Center for Innovation for Care and Payment of the Department under section 1703E of title 38, United States Code. ‘‘(ix) An individual designated by the Adminis- trator of the Centers for Medicare & Medicaid Services from the Center for Medicare and Med- icaid Innovation. ‘‘(x) An individual designated by the Secretary of Health and Human Services from the Federal Office of Rural Health Policy of the Health Re- sources and Services Administration. ‘‘(xi) The Chief of Human Capital Management for the Veterans Health Administration. ‘‘(xii) An individual designated by the Secretary of Defense that is a representative of the Defense Health Agency. ‘‘(xiii) An individual selected by the Secretary of Veterans Affairs from the special medical advi- sory group established under section 7312 of title 38, United States Code. ‘‘(B) OPTIONAL MEMBERS.—The Secretary of Vet- erans Affairs may appoint any of the following indi- viduals as members of the working group: ‘‘(i) An individual representing the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine. ‘‘(ii) Three individuals representing a private health care system that has made the transition to value-based care. ‘‘(iii) Three individuals representing an organi- zation recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code. ‘‘(3) PUBLIC AVAILABILITY.—All meetings delibera- tions, and products of the working group shall be made publicly available throughout the duration of the working group, including to individuals rep- resenting organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code. ‘‘(4) EXEMPTION FROM FACA.—Chapter 10 of title 5, United States Code, shall not apply to the working group established under paragraph (1). ‘‘(b) DEVELOPMENT OF STRATEGIC PLAN.—The working group shall develop a strategic plan to implement value-based care into the Veterans Health Administra- tion that includes the following: ‘‘(1) An identification of the state of the Veterans Health Administration as of the date of the enact- ment of this Act, including an assessment of the cur- rent model of health care delivery used by the Vet- erans Health Administration in medical facilities of the Department of Veterans Affairs. ‘‘(2) An assessment of the capacity needs of the Vet- erans Health Administration during the five-year pe- riod beginning on the date of the enactment of this Act. ‘‘(3) An analysis of the leadership of the Veterans Health Administration, including an assessment of leadership acumen and ability to implement a clear, shared vision and effective change management and care coordination. ‘‘(4) An identification of goals for the future of the Veterans Health Administration. ‘‘(5) An identification and classification of the cur- rent capabilities, capacity, and gaps in access and quality of the health care system of the Department of Veterans Affairs. ‘‘(6) An analysis of value-based care models, includ- ing— ‘‘(A) a selection of potential models that would best work for the Veterans Health Administration; ‘‘(B) the capacity and capabilities of each such model; and ‘‘(C) a thorough justification of the selection of each selected model, including a summary of the ability of such model to improve the metrics de- scribed under paragraph (9). ‘‘(7) A definition of what quality means with re- spect to— ‘‘(A) access to health care under the laws admin- istered by the Secretary of Veterans Affairs; and ‘‘(B) delivery of such health care. ‘‘(8) A definition of what value means with respect to care furnished by the Veterans Health Administra- tion,[.] ‘‘(9) A system for measuring value within the Vet- erans Health Administration that includes metrics for— ‘‘(A) outcomes; ‘‘(B) safety; ‘‘(C) service; ‘‘(D) access; ‘‘(E) productivity; ‘‘(F) capacity; and ‘‘(G) total cost of patient care. ‘‘(10) With respect to the system described in sub- paragraph (H) [probably should be ‘‘paragraph (9)’’], an analysis of variable value with respect to patient outcomes across different health care types and spe- cialties. ‘‘(11) An assessment of— ‘‘(A) previous or ongoing assessments of the cur- rent information technology infrastructure of the Veterans Health Administration, including— ‘‘(i) such assessments conducted pursuant to the Electronic Health Record Modernization program of the Department of Veterans Affairs; and ‘‘(ii) any other ongoing information technology modernization programs of such Department and any unimplemented relevant recommendations from such assessments; ‘‘(B) the information technology infrastructure of the Veterans Health Administration in effect as of the date of the enactment of this Act; ‘‘(C) the value-driven framework of the Depart- ment, in effect as of the date of the enactment of this Act, for evaluating health care innovations, and how improvements in such framework could be used to encourage innovation; and ‘‘(D) workforce challenges and needs of the Vet- erans Health Administration based on— ‘‘(i) reviews of workforce assessment data avail- able as of the date of the enactment of this Act; and ‘‘(ii) the findings of— ‘‘(I) the report required by section 301(d) of the Veterans Access, Choice, and Account- ability Act of 2014 (Public Law 113–146) [128 Stat. 1786]; ‘‘(II) the reports required by section 505 of the John S. McCain III, Daniel K. Akaka[,] and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) [38 U.S.C. 301 note]; ‘‘(III) the report required by section 301 [sic] of the VA Choice and Quality Employment Act of 2017 (Public Law 115–46) [131 Stat. 968] [sec- tion 301 of Pub. L. 115–46 does not relate to re- ports]; and ‘‘(IV) any comprehensive health care inspec- tion conducted by the Inspector General of the Department of Veterans Affairs as of the date of the enactment of this Act. ‘‘(12) Any recommendations of the working group with respect to improving the information tech- nology infrastructure described in clause (i) of sub- paragraph (J) [probably should be ‘‘subparagraph (A) of paragraph (11)’’]. ‘‘(13) An analysis of how the value-driven frame- work described in clause (iii) of such subparagraph [probably should be ‘‘subparagraph (C) of paragraph (11)’’] could be used to improve the model of care de- livery by the Department. ‘‘(14) A description of how a value-based care sys- tem would apply to primary care, inpatient and out- patient mental health care, and inpatient and out- Page 272 TITLE 38—VETERANS’ BENEFITS § 1701 patient substance use treatment, spinal cord injury disorder care, and polytrauma care furnished by the Veterans Health Administration. ‘‘(15) With respect to legislative or administrative action necessary to incorporate value-based care models into the Veterans Health Administration, a description of the estimated timelines, effect on workforce, and costs. ‘‘(c) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the submission of the strategic plan pursuant to sub- section (b), the Secretary of Veterans Affairs, acting through the Center for Innovation for Care and Pay- ment established under section 1703E of title 38, United States Code, shall commence a three-year pilot program under which the Secretary shall imple- ment the elements of such strategic plan relating to the delivery, by the Veterans Health Administration, of primary care, inpatient and outpatient mental health treatment, inpatient and outpatient substance abuse treatment, spinal cord injury disorder care, and polytrauma care. ‘‘(2) LOCATIONS.—The Secretary shall carry out such pilot program in four Veterans Integrated Service Networks that are geographically dispersed and shall include the following: ‘‘(A) A Veterans Integrated Service Network that predominately serves veterans in rural and highly rural areas. ‘‘(B) A Veterans Integrated Service Network that predominately serves veterans in urban areas. ‘‘(C) A Veterans Integrated Service Network that has a high rate of suicide among veterans. ‘‘(D) A Veterans Integrated Service Network that has a high rate of substance use disorder among veterans. ‘‘(E) A Veterans Integrated Service Network that has access or productivity challenges. ‘‘(3) REPORTS TO CONGRESS.— ‘‘(A) ANNUAL REPORT.—Not later than one year after the commencement of the pilot program, and annually thereafter during the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. ‘‘(B) FINAL REPORT.—Not later than 90 days before the conclusion of the pilot program, the Secretary shall submit to Congress a final report on the pilot program that includes— ‘‘(i) lessons learned during the administration of such pilot program; and ‘‘(ii) specific health outcomes in veteran pa- tient care compared to the Veterans Health Ad- ministration system of care in effect as of the date of the enactment of this Act [Jan. 2, 2025].’’ DOCUMENTATION OF PREFERENCES OF VETERANS FOR SCHEDULING OF APPOINTMENTS FOR HEALTH CARE UNDER LAWS ADMINISTERED BY SECRETARY OF VET- ERANS AFFAIRS Pub. L. 118–210, title I, § 145, Jan. 2, 2025, 138 Stat. 2751, provided that: ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Sec- retary of Veterans Affairs shall develop a mechanism to solicit information regarding the preference of vet- erans enrolled in the system of annual patient enroll- ment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, for scheduling of appointments for health care and related services under the laws administered by the Secretary, including through non-Department providers. ‘‘(b) DOCUMENTATION OF PREFERENCE.—Preferences provided voluntarily by a veteran pursuant to sub- section (a) shall be documented on My HealtheVet or another system designated by the Secretary that al- lows the veteran to view and change such preferences at any time. ‘‘(c) INCLUSION IN PREFERENCE.—Preferences solicited under subsection (a) shall include the following: ‘‘(1) How and when the veteran prefers to be con- tacted about an appointment for health care. ‘‘(2) Whether the veteran prefers to schedule ap- pointments without the assistance of the Depart- ment, if able. ‘‘(3) Whether the veteran prefers to select a pro- vider without the assistance of the Department, if able. ‘‘(4) Whether the veteran prefers appointments to be scheduled during certain days or times. ‘‘(d) USE OF PREFERENCE.—The Secretary shall make the preferences provided under subsection (a) easily ac- cessible to medical support assistants and other staff of the Department, or non-Department staff, as the Sec- retary determines appropriate, who assist in the ap- pointment scheduling process. ‘‘(e) DEPLOYMENT OF MECHANISM.— ‘‘(1) IN GENERAL.—Beginning after the date on which the Secretary develops the mechanism re- quired under subsection (a), the Secretary shall— ‘‘(A) test the mechanism in not fewer than three geographically diverse Veterans Integrated Service Networks; and ‘‘(B) gather feedback about the effectiveness of such mechanism from veterans, medical support as- sistants, staff and other stakeholders as the Sec- retary determines appropriate. ‘‘(2) LIMITATION.—The Secretary may not imple- ment such mechanism across the Veterans Health Administration of the Department before the Sec- retary addresses the feedback described in paragraph (1)(B).’’ STAFFING MODEL AND PERFORMANCE METRICS FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF VET- ERANS AFFAIRS Pub. L. 118–210, title I, § 146, Jan. 2, 2025, 138 Stat. 2752, provided that: ‘‘(a) STAFFING MODEL.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall— ‘‘(A) develop, validate, and implement a staffing model for the Office of Integrated Veteran Care of the Department of Veterans Affairs, or successor office, Veterans Integrated Services Networks, and medical centers of the Department that includes appropriate target staffing levels nationally, re- gionally, and locally to ensure timely access to care and effectively oversee the provision of care by the Department, whether at a facility of the De- partment or through a non-Department provider; and ‘‘(B) provide to Congress a briefing on such staff- ing model, which shall include— ‘‘(i) the metrics and measures used by the Sec- retary in developing such staffing model; ‘‘(ii) an analysis of how such staffing model compares to the staffing models of other relevant Government-owned and private sector health care systems; and ‘‘(iii) an estimate of the portion of the roles in such staffing model that will be filled by con- tracted staff at any given time. ‘‘(2) REPORT ON IMPLEMENTATION OF STAFFING MODEL.—Not later than one year after the date on which the Secretary implements the staffing model required under paragraph (1), the Secretary shall sub- mit to Congress and the Comptroller General of the United States a report containing— ‘‘(A) an update on such implementation; and ‘‘(B) information on the outcomes yielded by such staffing model in terms of improved access to care for veterans and improved compliance with rel- evant laws, regulations, policy directives, and guid- ance governing access to care. ‘‘(b) PERFORMANCE METRICS.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan, with an appropriate Page 273 TITLE 38—VETERANS’ BENEFITS § 1701 tracking system, to incorporate appropriate stand- ardized performance metrics and oversight measures within the performance appraisal systems for em- ployees of the Department specified in paragraph (2). ‘‘(2) EMPLOYEES OF THE DEPARTMENT SPECIFIED.— Employees of the Department specified in this para- graph are employees who are responsible for ensuring timely access to care from the Department, compli- ance with relevant statutes and regulations relating to the provision of care, including section 1703 of title 38, United States Code, and overseeing the provision of care, whether at a facility of the Department or through a non-Department provider, including em- ployees within the Office of Integrated Veteran Care of the Department, or successor office, employees of a Veterans Integrated Service Network, and employ- ees of a medical center of the Department. ‘‘(3) REPORT ON IMPLEMENTATION OF PERFORMANCE METRICS.—Not later than one year after imple- menting the performance metrics required under paragraph (1), the Secretary shall submit to Congress and the Comptroller General of the United States a report containing— ‘‘(A) an update on such implementation; and ‘‘(B) information on the outcomes yielded by such performance metrics in terms of improved access to care for veterans and improved compliance with relevant laws, policy directives, and guidance gov- erning access to care. ‘‘(c) GAO REPORT.—Not later than two years after the later of the date on which the Comptroller General re- ceives the report under subsection (a)(2) or the report under subsection (b)(3), the Comptroller General shall submit to Congress a report that includes— ‘‘(1) an assessment of the performance of the Office of Integrated Veteran Care of the Department, or suc- cessor office, in improving access to care for veterans in facilities of the Department and pursuant to sec- tion 1703 of title 38, United States Code; and ‘‘(2) such recommendations as the Comptroller Gen- eral considers appropriate with respect to improving access to the care described in paragraph (1) for vet- erans.’’ ONLINE HEALTH EDUCATION PORTAL FOR VETERANS EN- ROLLED IN PATIENT ENROLLMENT SYSTEM OF DE- PARTMENT OF VETERANS AFFAIRS Pub. L. 118–210, title I, § 147, Jan. 2, 2025, 138 Stat. 2754, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Sec- retary of Veterans Affairs shall establish, on an Inter- net website of the Department, a health education por- tal that includes interactive educational modules to ensure veterans enrolled in the patient enrollment sys- tem of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, understand the basic health care eligi- bilities and entitlements of veterans under the laws ad- ministered by the Secretary, including under the Vet- erans Community Care Program under section 1703 of such title.’’ DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF PROSTATE CANCER Pub. L. 117–328, div. U, title I, § 102, Dec. 29, 2022, 136 Stat. 5408, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Prostate cancer is the number one cancer diag- nosed in the Veterans Health Administration. ‘‘(2) A 1996 report published by the National Acad- emy of Sciences, Engineering, and Medicine estab- lished a link between prostate cancer and exposure to herbicides, such as Agent Orange. ‘‘(3) It is essential to acknowledge that due to these circumstances, certain veterans are made aware that they are high-risk individuals when it comes to the potential to develop prostate cancer. ‘‘(4) In being designated as ‘high risk’, it is essen- tial that veterans are proactive in seeking earlier preventative clinical services for the early detection and successful treatment of prostate cancer, whether that be through the Veterans Health Administration or through a community provider. ‘‘(5) Clinical preventative services and initial detec- tion are some of the most important components in the early detection of prostate cancer for veterans at high risk of prostate cancer. ‘‘(6) For veterans with prostate cancer, including prostate cancer that has metastasized, precision on- cology, including biomarker-driven clinical trials and innovations underway through the Prostate Cancer Foundation and Department of Veterans Affairs part- nership, represents one of the most promising areas of interventions, treatments, and cures for such vet- erans and their families. ‘‘(b) ESTABLISHMENT OF CLINICAL PATHWAY.— ‘‘(1) IN GENERAL.—Not later than 365 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall establish an inter- disciplinary clinical pathway for all stages of pros- tate cancer, from early detection to end of life care. The clinical pathway shall be established in the Na- tional Surgery Office of the Department of Veterans Affairs in close collaboration with the National Pro- gram Office of Oncology, the Office of Research and Development, and other relevant entities of the De- partment, including Primary Care. ‘‘(2) ELEMENTS.—The national clinical pathway es- tablished under this subsection shall include the fol- lowing elements: ‘‘(A) A diagnosis pathway for prostate cancer that includes early screening and diagnosis protocol, in- cluding screening recommendations for veterans with evidence-based risk factors. ‘‘(B) A treatment pathway that details the re- spective roles of each office of the Department that will interact with veterans receiving prostate can- cer care, including treatment protocol rec- ommendations for veterans with evidence-based risk factors. ‘‘(C) Treatment recommendations for all stages of prostate cancer that reflect nationally recognized standards for oncology, including National Com- prehensive Cancer Network guidelines. ‘‘(D) A suggested protocol timeframe for each point of care, from early screening to treatment and end-of-life care, based on severity and stage of cancer. ‘‘(E) A plan that includes, as appropriate, both Department medical facilities and community- based partners and providers and research centers specializing in prostate cancer, especially such cen- ters that have entered into partnerships with the Department. ‘‘(3) COLLABORATION AND COORDINATION.—In estab- lishing the clinical pathway required under this sec- tion, the Secretary may collaborate and coordinate with— ‘‘(A) the National Institutes of Health; ‘‘(B) the National Cancer Institute; ‘‘(C) the National Institute on Minority Health and Health Disparities; ‘‘(D) the Centers for Disease Control and Preven- tion; ‘‘(E) the Centers for Medicare and Medicaid Serv- ices; ‘‘(F) the Patient-Centered Outcomes Research In- stitute; ‘‘(G) the Food and Drug Administration; ‘‘(H) the Department of Defense; and ‘‘(I) other Institutes and Centers as the Secretary determines necessary. ‘‘(4) CONSULTATION REQUIREMENT.—In establishing the clinical pathway required under this section, the Secretary shall consult with, and incorporate feed- back from, veterans who have received prostate can- cer care at Department medical facilities as well as experts in multi-disciplinary cancer care and clinical research. Page 274 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(5) PUBLICATION.—The Secretary shall— ‘‘(A) publish the clinical pathway established under this subsection on a publicly available De- partment website; and ‘‘(B) update the clinical pathway as needed by re- view of the medical literature and available evi- dence-based guidelines at least annually, in accord- ance with the criteria under paragraph (2). ‘‘(c) DEVELOPMENT OF COMPREHENSIVE PROSTATE CAN- CER PROGRAM AND IMPLEMENTATION OF THE PROSTATE CANCER CLINICAL PATHWAY.— ‘‘(1) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a plan to establish a pros- tate cancer program using the comprehensive pros- tate cancer clinical pathway developed under sub- section (b). ‘‘(2) PROGRAM REQUIREMENTS.—The comprehensive prostate cancer program shall— ‘‘(A) receive direct oversight from the Deputy Un- dersecretary for Health of the Department of Vet- erans Affairs; ‘‘(B) include a yearly program implementation evaluation to facilitate replication for other dis- ease states or in other healthcare institutions; ‘‘(C) be metric driven and include the develop- ment of biannual reports on the quality of prostate cancer care, which shall be provided to the leader- ship of the Department, medical centers, and pro- viders and made publicly available in an electronic form; and ‘‘(D) include an education plan for patients and providers. ‘‘(3) PROGRAM IMPLEMENTATION EVALUATION.—The Secretary shall establish a program evaluation tool to learn best practices and to inform the Department and Congress regarding further use of the disease spe- cific model of care delivery. ‘‘(4) PROSTATE CANCER RESEARCH.—The Secretary shall submit to Congress a plan that provides for con- tinual funding through the Office of Research and De- velopment of the Department of Veterans for sup- porting prostate cancer research designed to position the Department as a national resource for prostate cancer detection and treatment. Such plan shall— ‘‘(A) include details regarding the funding of and coordination between the National Precision Oncol- ogy Program of the Department and the PCF–VA Precision Oncology Centers of Excellence as related to the requirements of this Act [div. U of Pub. L. 117–328, see Tables for classification]; and ‘‘(B) affirm that no funding included in such fund- ing plan is duplicative in nature. ‘‘(d) REPORT ON NATIONAL REGISTRY.—The Secretary of Veterans Affairs shall submit to Congress a report on the barriers and challenges associated with creating a national prostate cancer registry. Such report shall include recommendations for centralizing data about veterans with prostate cancer for the purpose of im- proving outcomes and serving as a resource for pro- viders. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) CLINICAL PATHWAY.—The term ‘clinical path- way’ means a health care management tool designed around research and evidence-backed practices that provides direction for the clinical care and treatment of a specific episode of a condition or ailment. ‘‘(2) EVIDENCE-BASED RISK FACTORS.—The term ‘evi- dence-based risk factors’ includes race, ethnicity, so- cioeconomic status, geographic location, exposure risks, genetic risks, including family history, and such other factors as the Secretary determines appro- priate.’’ STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE CASE OF THE REALIGNMENT OF A MEDICAL FA- CILITY OF THE DEPARTMENT Pub. L. 117–328, div. U, title I, § 126, Dec. 29, 2022, 136 Stat. 5418, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Veterans Health Administration should ensure that veterans do not experience a lapse of care when transitioning in receiving care due to the realignment of a medical facility of the Department of Veterans Af- fairs. ‘‘(b) DEVELOPMENT OF STRATEGIC PLAN.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Af- fairs, acting through the Office of Integrated Veteran Care, the Chief Strategy Office, the Office of Asset Enterprise Management, or any successor office that has similar and related functions, shall develop and periodically update a strategic plan to ensure con- tinuity of health care through care furnished at a fa- cility of the Department or through the Community Care Program for veterans impacted by the realign- ment of a medical facility of the Department. ‘‘(2) ELEMENTS.—The strategic plan required under paragraph (1) shall include, at a minimum, the fol- lowing: ‘‘(A) An assessment of the progress of the Depart- ment in identifying impending realignments of medical facilities of the Department and the im- pact of such realignments on access of veterans to care, including any impact on the network of health care providers under the Community Care Program. ‘‘(B) The progress of the Department in estab- lishing operated sites of care and related activities to address the impact of such a realignment. ‘‘(C) An outline of collaborative actions and proc- esses the Department can take to address potential gaps in health care created by such a realignment, including actions and processes to be taken by the Office of Integrated Veteran Care, the Chief Strat- egy Office, and the Office of Asset Enterprise Man- agement of the Department. ‘‘(D) A description of how the Department can identify to Third Party Administrators changes in the catchment areas of medical facilities to be re- aligned and develop a process with Third Party Ad- ministrators to strengthen provider coverage in ad- vance of such realignments. ‘‘(3) SUBMITTAL TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], the Under Secretary for Health of the De- partment shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the plan developed under paragraph (1). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) COMMUNITY CARE PROGRAM.—The term ‘Commu- nity Care Program’ means the Veterans Community Care Program under section 1703 of title 38, United States Code. ‘‘(2) REALIGNMENT.—The term ‘realignment’, with respect to a facility of the Department of Veterans Affairs, includes— ‘‘(A) any action that changes the number of fa- cilities or relocates services, functions, or per- sonnel positions; and ‘‘(B) strategic collaborations between the Depart- ment and non-Federal Government entities, includ- ing tribal organizations and Urban Indian Organiza- tions. ‘‘(3) THIRD PARTY ADMINISTRATOR.—The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative serv- ices related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code. ‘‘(4) TRIBAL ORGANIZATION.—The term ‘tribal organi- zation’ has the meaning given that term in section 4 of the Indian Self-Determination and Education As- sistance Act (25 U.S.C. 5304). ‘‘(5) URBAN INDIAN ORGANIZATION.—The term ‘Urban Indian Organization’ has the meaning given that Page 275 TITLE 38—VETERANS’ BENEFITS § 1701 term in section 4 of the Indian Health Care Improve- ment Act (25 U.S.C. 1603).’’ ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR OFFICE OF CONNECTED CARE OF DEPARTMENT OF VET- ERANS AFFAIRS Pub. L. 117–328, div. U, title I, § 151, Dec. 29, 2022, 136 Stat. 5425, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The COVID–19 pandemic caused the Depart- ment of Veterans Affairs to exponentially increase telehealth and virtual care modalities, including VA Video Connect, to deliver health care services to vet- eran patients. ‘‘(2) Between January 2020 and January 2021, the number of telehealth appointments offered by the De- partment increased by 1,831 percent. ‘‘(3) The Department maintains strategic partner- ships, such as the Digital Divide Consult, with a goal of ensuring veterans who reside in rural, highly rural, or medically underserved areas have access to high- quality telehealth services offered by the Depart- ment. ‘‘(4) As of 2019, veterans who reside in rural and highly rural areas make up approximately 1⁄3 of vet- eran enrollees in the patient enrollment system, and are on average, older than their veteran peers in urban areas, experience higher degrees of financial instability, and live with a greater number of com- plex health needs and comorbidities. ‘‘(5) The Federal Communications Commission esti- mated in 2020 that 15 percent of veteran households do not have an internet connection. ‘‘(6) Under the Coronavirus Aid, Relief, and Eco- nomic Security Act (Public Law 116–136) [see Tables for classification], Congress granted the Department additional authority to enter into short-term agree- ments or contracts with private sector telecommuni- cations companies to provide certain broadband serv- ices for the purposes of providing expanded mental health services to isolated veterans through tele- health or VA Video Connect during a public health emergency. ‘‘(7) The authority described in paragraph (6) was not utilized to the fullest extent by the Department. ‘‘(8) Though the Department has made significant progress in expanding telehealth services offered to veterans who are enrolled in the patient enrollment system, significant gaps still exist to ensure all vet- erans receive equal and high-quality access to virtual care. ‘‘(9) Questions regarding the efficacy of using tele- health for certain health care services and specialties remain, and should be further studied. ‘‘(10) The Department continues to expand tele- health and virtual care offerings for primary care, mental health care, specialty care, urgent care, and even remote intensive care units. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the telehealth services offered by the Department of Veterans Affairs should be routinely measured and evaluated to ensure the telehealth technologies and modalities delivered to veteran patients to treat a wide variety of health conditions are as effective as in-per- son treatment for primary care, mental health care, and other forms of specialty care. ‘‘(c) DEVELOPMENT OF STRATEGIC PLAN.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs, acting through the Of- fice of Connected Care of the Department of Veterans Affairs, shall develop a strategic plan to ensure the effectiveness of the telehealth technologies and mo- dalities delivered by the Department to veterans who are enrolled in the patient enrollment system. ‘‘(2) UPDATE.— ‘‘(A) IN GENERAL.—The Secretary shall update the strategic plan required under paragraph (1) not less frequently than once every three years following development of the plan. ‘‘(B) CONSULTATION.—The Secretary shall prepare any update required under subparagraph (A) in con- sultation with the following: ‘‘(i) The Chief Officer of the Office of Connected Care of the Department. ‘‘(ii) The Executive Director of Telehealth Serv- ices of the Office of Connected Care. ‘‘(iii) The Executive Director of Connected Health of the Office of Connected Care. ‘‘(iv) The Executive Director of the Office of Rural Health of the Department. ‘‘(v) The Executive Director of Solution Deliv- ery, IT Operations and Services of the Office of Information and Technology of the Department. ‘‘(3) ELEMENTS.—The strategic plan required under paragraph (1), and any update to that plan under paragraph (2), shall include, at a minimum, the fol- lowing: ‘‘(A) A comprehensive list of all health care spe- cialties the Department is currently delivering by telehealth or virtual care. ‘‘(B) An assessment of the effectiveness and pa- tient outcomes for each type of health care spe- cialty delivered by telehealth or virtual care by the Department. ‘‘(C) An assessment of satisfaction of veterans in receiving care through telehealth or virtual care disaggregated by age group and by Veterans Inte- grated Service Network. ‘‘(D) An assessment of the percentage of virtual visits delivered by the Department through each modality including standard telephone telehealth, VA Video Connect, and the Accessing Telehealth through Local Area Stations program of the De- partment. ‘‘(E) An outline of all current partnerships main- tained by the Department to bolster telehealth or virtual care services for veterans. ‘‘(F) An assessment of the barriers faced by the Department in delivering telehealth or virtual care services to veterans residing in rural and highly rural areas, and the strategies the Department is deploying beyond purchasing hardware for veterans who are enrolled in the patient enrollment system. ‘‘(G) A detailed plan illustrating how the Depart- ment is working with other Federal agencies, in- cluding the Department of Health and Human Serv- ices, the Department of Agriculture, the Federal Communications Commission, and the National Telecommunications and Information Administra- tion, to enhance connectivity in rural, highly rural, and medically underserved areas to better reach all veterans. ‘‘(H) The feasibility and advisability of partnering with Federally qualified health centers, rural health clinics, and critical access hospitals to fill the gap for health care services that exists for veterans who reside in rural and highly rural areas. ‘‘(I) An evaluation of the number of veterans who are enrolled in the patient enrollment system who have previously received care under the Veterans Community Care Program under section 1703 of title 38, United States Code. ‘‘(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after the development of the strategic plan under paragraph (1) of subsection (c), and not later than 180 days after each update under paragraph (2) of such sub- section thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report that includes the following: ‘‘(1) The completed strategic plan or update, as the case may be. ‘‘(2) An identification of areas of improvement by the Department in the delivery of telehealth and vir- tual care services to veterans who are enrolled in the patient enrollment system, with a timeline for im- provements to be implemented. ‘‘(e) DEFINITIONS.— ‘‘(1) PATIENT ENROLLMENT SYSTEM.—The term ‘pa- tient enrollment system’ means the system of annual Page 276 TITLE 38—VETERANS’ BENEFITS § 1701 patient enrollment of the Department of Veterans Af- fairs established and operated under section 1705(a) of title 38, United States Code. ‘‘(2) RURAL; HIGHLY RURAL.—The terms ‘rural’ and ‘highly rural’ have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. ‘‘(3) VA VIDEO CONNECT.—The term ‘VA Video Con- nect’ means the program of the Department of Vet- erans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private connection.’’ IMPROVED ACCESSIBILITY AND ACCURACY OF DATA PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS Pub. L. 117–328, div. U, title I, § 195(b), (c), Dec. 29, 2022, 136 Stat. 5445, provided that: ‘‘(b) REQUIREMENTS OF WEBSITE.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], in addition to the requirements of section 206(b)(4) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat. 1781) [38 U.S.C. 1701 note], the Secretary shall ensure that the Website meets the following requirements: ‘‘(A) The Website is directly accessible from— ‘‘(i) the main homepage of the publicly acces- sible internet website of the Department; and ‘‘(ii) the main homepage of the publicly acces- sible internet website of each medical center of the Department. ‘‘(B) Where practicable, the Website is organized and searchable by each medical center of the De- partment. ‘‘(C) The Website is easily understandable and us- able by the general public. ‘‘(2) CONSULTATION AND CONTRACT AUTHORITY.—In carrying out the requirements of paragraph (1)(C), the Secretary— ‘‘(A) shall consult with— ‘‘(i) veterans service organizations; and ‘‘(ii) veterans and caregivers of veterans from geographically diverse areas and representing dif- ferent eras of service in the Armed Forces; and ‘‘(B) may enter into a contract to design the Website with a company, non-profit entity, or other entity specializing in website design that has sub- stantial experience in presenting health care data and information in a easily understandable and usa- ble manner to patients and consumers. ‘‘(c) ACCURACY OF DATA.— ‘‘(1) ANNUAL PROCESS.—Not later than 18 months after the date of the enactment of this Act, the Sec- retary shall develop and implement a process to an- nually audit a generalizable subset of the data con- tained on the Website to assess the accuracy and completeness of the data. ‘‘(2) CRITERIA.—The Secretary shall ensure that each audit under paragraph (1)— ‘‘(A) determines the extent that the medical record information, clinical information, data, and documentation provided by each medical facility of the Department that is used to calculate the infor- mation on the Website is accurate and complete; ‘‘(B) identifies any deficiencies in the recording of medical record information, clinical information, or data by medical facilities of the Department that affects the accuracy and completeness of the information on the Website; and ‘‘(C) provides recommendations to medical facili- ties of the Department on how to— ‘‘(i) improve the accuracy and completeness of the medical record information, clinical informa- tion, data, and documentation that is used to cal- culate the information on the Website; and ‘‘(ii) ensure that each medical facility of the Department provides such information in a uni- form manner. ‘‘(3) ANNUAL REPORT.—Not later than two years after the date of the enactment of this Act, and annu- ally thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report on the findings of each audit under paragraph (1).’’ IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS Pub. L. 117–328, div. V, title V, § 502, Dec. 29, 2022, 136 Stat. 5514, provided that: ‘‘(a) IN GENERAL.—Pursuant to the analysis con- ducted under subsection (b), the Secretary of Veterans Affairs shall take such action as the Secretary con- siders appropriate to improve the assessment and treat- ment of veterans with sleep disorders, including by con- ducting in-home sleep studies for veterans. ‘‘(b) ANALYSIS.—The Secretary shall conduct an anal- ysis of the ability of the Department of Veterans Af- fairs to treat sleep disorders among veterans, includ- ing— ‘‘(1) assessment and treatment options for such dis- orders; ‘‘(2) barriers to care for such disorders, such as wait time, travel time, and lack of staffing; ‘‘(3) the efficacy of the clinical practice guidelines of the Department of Veterans Affairs and the De- partment of Defense for such disorders; and ‘‘(4) the availability of and efficacy of the use by the Department of Veterans Affairs of cognitive be- havioral therapy for insomnia. ‘‘(c) REPORT.—Not later than two years after the date of the enactment of this Act [Dec. 29, 2022], the Sec- retary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report on— ‘‘(1) the findings from the analysis conducted under subsection (b); and ‘‘(2) any actions taken under subsection (a) to im- prove the assessment and treatment of veterans with sleep disorders. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR IN-HOME SLEEP STUDIES.—There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to be used to conduct in-home sleep studies for veterans, as part of sleep disorder assessment and treatment con- ducted by the Department of Veterans Affairs.’’ STRENGTHENING AND AMPLIFYING VACCINATION EF- FORTS TO LOCALLY IMMUNIZE ALL VETERANS AND EVERY SPOUSE Pub. L. 117–4, Mar. 24, 2021, 135 Stat. 247, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every Spouse Act’ or the ‘SAVE LIVES Act’. ‘‘SEC. 2. AUTHORITY OF SECRETARY OF VET- ERANS AFFAIRS TO FURNISH COVID–19 VAC- CINE TO CERTAIN INDIVIDUALS NOT EN- ROLLED IN PATIENT ENROLLMENT SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs may furnish a vaccine for COVID–19 to a covered indi- vidual during the COVID–19 public health emergency. ‘‘(b) PRIORITIZATION.—In furnishing vaccines for COVID–19 under the laws administered by the Sec- retary, the Secretary shall— ‘‘(1) prioritize the vaccination of veterans who are enrolled in the patient enrollment system, veterans who receive hospital care and medical services pursu- ant to subsection (c)(2) of section 1705 of title 38, United States Code, and accompanying caregivers of such veterans before the vaccination of covered indi- viduals not otherwise described in this paragraph; and ‘‘(2) only furnish vaccines for COVID–19 to covered individuals under this section to the extent that such vaccines are available. Page 277 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(c) TIMING OF VACCINES PROVIDED TO SPOUSES OF VETERANS.—The Secretary may determine the timing for offering a vaccine for COVID–19 to the spouse of a veteran from the Department of Veterans Affairs. ‘‘(d) VACCINE ALLOCATION.—It is the sense of Congress that, to the extent practicable based on the current na- tional supply chain, the Secretary of Health and Human Services should adjust the allocation for the Department of Veterans Affairs for the vaccine for COVID–19 based on the additional eligibility of covered individuals under this section. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) ACCOMPANYING CAREGIVER.—The term ‘accom- panying caregiver’ means a caregiver described in subparagraph (D), (E), or (F) of paragraph (2) who is accompanying a veteran who is receiving a vaccine for COVID–19 furnished by the Department. ‘‘(2) COVERED INDIVIDUAL.—The term ‘covered indi- vidual’ means any of the following individuals: ‘‘(A) A veteran who is not eligible to enroll in the patient enrollment system. ‘‘(B) A veteran who is eligible for care under sec- tion 1724 of title 38, United States Code. ‘‘(C) A beneficiary under section 1781 of such title. ‘‘(D) A family caregiver of a veteran participating in the program of comprehensive assistance for family caregivers under section 1720G(a) of such title. ‘‘(E) A caregiver of a veteran participating in the program of general caregiver support services under section 1720G(b) of such title. ‘‘(F) A caregiver of a veteran participating in the Medical Foster Home Program, Bowel and Bladder Program, Home Based Primary Care Program, or Veteran Directed Care Program of the Department of Veterans Affairs. ‘‘(G) A spouse of a veteran. ‘‘(3) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘covered public health emergency’ means an emer- gency with respect to COVID–19 declared by a Fed- eral, State, or local authority. ‘‘(4) COVID–19.—The term ‘COVID–19’ means the coronavirus disease 2019. ‘‘(5) PATIENT ENROLLMENT SYSTEM.—The term ‘pa- tient enrollment system’ means the system of annual patient enrollment of the Department of Veterans Af- fairs established and operated under section 1705(a) of title 38, United States Code. ‘‘(6) VETERAN.—The term ‘veteran’ has the meaning given that term in section 101(2) of title 38, United States Code.’’ PROHIBITION ON COPAYMENTS AND COST SHARING FOR VETERANS DURING EMERGENCY RELATING TO COVID–19 Pub. L. 117–2, title VIII, § 8007, Mar. 11, 2021, 135 Stat. 116, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Af- fairs— ‘‘(1) shall provide for any copayment or other cost sharing with respect to health care under the laws administered by the Secretary received by a veteran during the period specified in subsection (b); and ‘‘(2) shall reimburse any veteran who paid a copay- ment or other cost sharing for health care under the laws administered by the Secretary received by a vet- eran during such period the amount paid by the vet- eran. ‘‘(b) PERIOD SPECIFIED.—The period specified in this subsection is the period beginning on April 6, 2020, and ending on September 30, 2021. ‘‘(c) FUNDING.—In addition to amounts otherwise available, there is appropriated to the Secretary of Veterans Affairs for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until expended, to carry out this section, except for health care furnished pursuant to section 1703(c)(2)–(c)(4) of title 38, United States Code.’’ OVERSIGHT FOR STATE HOMES REGARDING COVID–19 INFECTIONS, RESPONSE CAPACITY, AND STAFFING LEV- ELS Pub. L. 116–315, title III, § 3003, Jan. 5, 2021, 134 Stat. 4991, provided that: ‘‘(a) REPORTING.— ‘‘(1) IN GENERAL.—During a covered public health emergency, each State home shall submit weekly to the Secretary of Veterans Affairs and the National Healthcare Safety Network of the Centers for Disease Control and Prevention, through an electronic me- dium and in a standardized format specified by the Secretary, a report on the emergency. ‘‘(2) ELEMENTS.—Each report required by paragraph (1) for a State home shall include the following: ‘‘(A) The number of suspected and confirmed COVID–19 infections among residents and staff, in- cluding residents previously treated for COVID–19, disaggregated by— ‘‘(i) veteran, spouse of a veteran, staff, and other; ‘‘(ii) race and ethnicity; ‘‘(iii) gender; and ‘‘(iv) age. ‘‘(B) The number of total deaths and COVID–19 deaths among residents and staff, disaggregated by— ‘‘(i) veteran, spouse of a veteran, staff, and other; ‘‘(ii) race and ethnicity; ‘‘(iii) gender; and ‘‘(iv) age. ‘‘(C) An assessment of the supply of personal pro- tective equipment and hand hygiene supplies. ‘‘(D) An assessment of ventilator capacity and supplies. ‘‘(E) The number of resident beds and the occu- pancy rate, disaggregated by veteran, spouse of a veteran, and other. ‘‘(F) An assessment of the access of residents to testing for COVID–19. ‘‘(G) An assessment of staffing shortages, if any. ‘‘(H) Such other information as the Secretary may specify. ‘‘(b) PUBLICATION OF TOTAL INFECTIONS AND DEATHS.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Jan. 5, 2021], and not less frequently than weekly thereafter, the Sec- retary shall post on a publicly available website of the Department of Veterans Affairs— ‘‘(A) the total number of residents and staff of State homes who are infected with COVID–19; and ‘‘(B) the total number of such residents and staff who have died from COVID–19. ‘‘(2) INFORMATION ON RESIDENTS AND STAFF.—The Secretary shall disaggregate information on resi- dents and staff published under paragraph (1) by vet- eran, staff, and other. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘covered public health emergency’ means an emer- gency with respect to COVID–19 declared by a Fed- eral, State, or local authority. ‘‘(2) STATE HOME.—The term ‘State home’ has the meaning given that term in section 101(19) of title 38, United States Code.’’ PROCESS AND REQUIREMENTS FOR SCHEDULING APPOINT- MENTS FOR HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE Pub. L. 116–315, title III, § 3101, Jan. 5, 2021, 134 Stat. 4999, provided that: ‘‘(a) PROCESS AND REQUIREMENTS.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs shall— Page 278 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(A) establish a process and requirements for scheduling appointments for— ‘‘(i) health care from the Department of Vet- erans Affairs; and ‘‘(ii) health care furnished through the Veterans Community Care Program under section 1703 of title 38, United States Code, by a non-Department health care provider; and ‘‘(B) submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a descrip- tion of such process and requirements. ‘‘(2) ELEMENTS OF DESCRIPTION.—The description of the process and requirements for scheduling appoint- ments for health care required to be submitted under paragraph (1)(B) shall include— ‘‘(A) information on how such process and re- quirements take into account the access standards established under section 1703B of title 38, United States Code; and ‘‘(B) the maximum number of days allowed to complete each step of such process. ‘‘(3) PERIODIC REVISION.— ‘‘(A) IN GENERAL.—The Secretary may revise the process and requirements required under paragraph (1) as the Secretary considers necessary. ‘‘(B) SUBMITTAL TO CONGRESS.—Not later than 30 days before revising the process and requirements under subparagraph (A), the Secretary shall submit to the Committee on Veterans’ Affairs of the Sen- ate and the Committee on Veterans’ Affairs of the House of Representatives a description of such re- vised process and requirements, including a descrip- tion of any modifications to the certification and training under subsection (b). ‘‘(b) CERTIFICATION AND TRAINING ON PROCESS AND RE- QUIREMENTS.— ‘‘(1) CERTIFICATION.—Not later than one year after the date of the enactment of this Act, the Secretary shall require each individual involved in the sched- uling of appointments for health care from the De- partment or health care described in subsection (a)(1)(A)(ii), including schedulers, clinical coordina- tors, and supervisors, to certify to the Secretary that the individual understands the process and require- ments established under subsection (a), including the maximum number of days allowed to complete each step of such process. ‘‘(2) NEW EMPLOYEES.—The Secretary shall require each employee hired by the Department on or after the date of the enactment of this Act who is to be in- volved in the scheduling of appointments for health care from the Department or health care described in subsection (a)(1)(A)(ii)— ‘‘(A) to undergo training on the process and re- quirements established under subsection (a) as part of training for the position for which the employee has been hired; and ‘‘(B) to make the certification to the Secretary required under paragraph (1). ‘‘(c) METHOD TO MONITOR COMPLIANCE.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], the Secretary shall establish or maintain a method or tool— ‘‘(A) to enable monitoring of the compliance of the Department with the process and requirements established under subsection (a), including compli- ance with policies of the Department relating to the maximum number of days allowed to complete each step of such process; and ‘‘(B) to ensure that each medical facility of the Department complies with such process and re- quirements. ‘‘(2) USE THROUGHOUT DEPARTMENT.— ‘‘(A) IN GENERAL.—The Secretary shall require each medical facility of the Department to use the method or tool described in paragraph (1). ‘‘(B) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report indi- cating whether each medical facility of the Depart- ment is using the method or tool described in para- graph (1). ‘‘(d) COMPTROLLER GENERAL REPORT.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall sub- mit to the Committee on Veterans’ Affairs of the Sen- ate and the Committee on Veterans’ Affairs of the House of Representatives a report on the compliance of the Secretary with the requirements of this section.’’ AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND MANAGEMENT OF CONSULTATIONS FOR HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS AND NON- DEPARTMENT HEALTH CARE Pub. L. 116–315, title III, § 3102, Jan. 5, 2021, 134 Stat. 5001, provided that: ‘‘(a) IN GENERAL.—Not later than each of one year and two years after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs shall provide for the conduct of a facility-level audit of the scheduling of appointments and the management of consultations for health care under the laws adminis- tered by the Secretary. ‘‘(b) APPLICATION.— ‘‘(1) FIRST AUDIT.—The first audit required under subsection (a) shall apply to each medical facility of the Department of Veterans Affairs. ‘‘(2) SECOND AUDIT.—The second audit required under subsection (a) shall apply to only those medical facilities of the Department that are in need of cor- rective action based on the first audit, as determined by the Secretary. ‘‘(c) ELEMENTS.—Each audit conducted under sub- section (a) shall include the following: ‘‘(1) With respect to each medical center of the De- partment covered by the audit, an assessment of any scheduling or consultation management issues at that medical center, including the following: ‘‘(A) An assessment of noncompliance with poli- cies of the Veterans Health Administration relating to scheduling appointments and managing con- sultations. ‘‘(B) An assessment of the extent to which ap- pointments or consultations are not timely proc- essed. ‘‘(C) A description of any backlogs in appoint- ments or consultations that are awaiting action. ‘‘(D) An assessment of whether consultations are appropriately processed. ‘‘(E) Data with respect to consultations as fol- lows: ‘‘(i) Consultations that were scheduled within the request window. ‘‘(ii) Duplicate consultation requests. ‘‘(iii) Consultations that were discontinued. ‘‘(iv) Delays in consultations. ‘‘(v) Consultations that were not properly closed or discontinued, including a description of remediation attempts. ‘‘(F) A review for accuracy with respect to con- sultation management as follows: ‘‘(i) A review of the accuracy of the type of service, either administrative or clinical, that is inputted in the electronic health record. ‘‘(ii) A review of the accuracy of the type of consultation setting, either impatient [sic] or outpatient, that is inputted in the electronic health record. ‘‘(iii) A review of the appropriateness of the level of urgency of the consultation that is inputted in the electronic health record. ‘‘(iv) A review of any delayed or unresolved con- sultations. ‘‘(2) An identification of such recommendations for corrective action as the Secretary considers nec- essary, including additional training, increased per- sonnel, and other resources. Page 279 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(3) A certification that the director of each med- ical center of the Department covered by the audit is in compliance with the process and requirements es- tablished under section 3101(a) [set out as a note above] and such other requirements relating to the scheduling of appointments and management of con- sultations as the Secretary considers appropriate. ‘‘(4) With respect to referrals for health care be- tween health care providers or facilities of the De- partment, a measurement of, for each medical facil- ity of the Department covered by the audit— ‘‘(A) the period of time between— ‘‘(i) the date that a clinician of the Department determines that a veteran requires care from an- other health care provider or facility and the date that the referral for care is sent to the other health care provider or facility; ‘‘(ii) the date that the referral for care is sent to the other health care provider or facility and the date that the other health care provider or fa- cility accepts the referral; ‘‘(iii) the date that the other health care pro- vider or facility accepts the referral and the date that the appointment with the other health care provider or at the other facility is made; and ‘‘(iv) the date that the appointment with the other health care provider or at the other facility is made and the date of the appointment with the other health care provider or at the other facil- ity; and ‘‘(B) any other period of time that the Secretary determines necessary to measure. ‘‘(5) With respect to referrals for non-Department health care originating from medical facilities of the Department, a measurement of, for each such facility covered by the audit— ‘‘(A) the period of time between— ‘‘(i) the date that a clinician of the Department determines that a veteran requires care, or a vet- eran presents to the Department requesting care, and the date that the referral for care is sent to a non-Department health care provider; ‘‘(ii) the date that the referral for care is sent to a non-Department health care provider and the date that a non-Department health care provider accepts the referral; ‘‘(iii) the date that a non-Department health care provider accepts the referral and the date that the referral to a non-Department health care provider is completed; ‘‘(iv) the date that the referral to a non-Depart- ment health care provider is completed and the date that an appointment with a non-Department health care provider is made; and ‘‘(v) the date that an appointment with a non- Department health care provider is made and the date that an appointment with a non-Department health care provider occurs; and ‘‘(B) any other period of time that the Secretary determines necessary to measure. ‘‘(d) CONDUCT OF AUDIT BY THIRD PARTY.—Each audit conducted under subsection (a) with respect to a med- ical facility of the Department shall be conducted by an individual or entity that is not affiliated with the facility. ‘‘(e) TRANSMITTAL TO VHA.—Each audit conducted under subsection (a) shall be transmitted to the Under Secretary for Health of the Department so that the Under Secretary can— ‘‘(1) strengthen oversight of the scheduling of ap- pointments and management of consultations throughout the Department; ‘‘(2) monitor national policy on such scheduling and management; and ‘‘(3) develop a remediation plan to address issues uncovered by those audits. ‘‘(f) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—Not later than December 31 of each year in which an audit is conducted under sub- section (a), the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report on the audit conducted during that year. ‘‘(2) ELEMENTS.—The Secretary shall include in each report required by paragraph (1)— ‘‘(A) the nationwide results of the audit con- ducted under subsection (a); ‘‘(B) the results of such audit with respect to each medical facility of the Department covered by such audit; ‘‘(C) an assessment of how the Department strengthened oversight of the scheduling of ap- pointments and management of consultations at each such facility as a result of the audit; ‘‘(D) an assessment of how the audit informed the national policy of the Department with respect to the scheduling of appointments and management of consultations; and ‘‘(E) a description of any remediation plans to ad- dress issues raised by the audit that was com- pleted.’’ ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND INSPECTIONS AT DEPARTMENT OF VETERANS AF- FAIRS MEDICAL CENTERS Pub. L. 116–315, title V, § 5103, Jan. 5, 2021, 134 Stat. 5027, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall establish a policy under which the environment of care standards and inspections at medical centers of the Department of Veterans Affairs include— ‘‘(1) an alignment of the requirements for such standards and inspections with the women’s health handbook of the Veterans Health Administration; ‘‘(2) a requirement for the frequency of such inspec- tions; ‘‘(3) delineation of the roles and responsibilities of staff at each medical center who are responsible for compliance; ‘‘(4) the requirement that each medical center sub- mit to the Secretary and make publicly available a report on the compliance of the medical center with the standards; and ‘‘(5) a remediation plan. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], the Sec- retary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report certi- fying in writing that the policy required by subsection (a) has been finalized and disseminated to all medical centers of the Department.’’ STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MANAGER PROGRAM AT MEDICAL CENTERS OF DE- PARTMENT OF VETERANS AFFAIRS AND TRAINING OF STAFF Pub. L. 116–315, title V, § 5204, Jan. 5, 2021, 134 Stat. 5035, provided that: ‘‘(a) STUDY.—The Secretary of Veterans Affairs shall conduct a study on the use of the Women Veteran Pro- gram Manager program of the Department of Veterans Affairs to determine— ‘‘(1) if the program is appropriately staffed at each medical center of the Department; ‘‘(2) whether each medical center of the Department is staffed with a Women Veteran Program Manager; and ‘‘(3) whether it would be feasible and advisable to have a Women Veteran Program Ombudsman at each medical center of the Department. ‘‘(b) REPORT.—Not later than 270 days after the date of the enactment of this Act [Jan. 5, 2021], the Sec- retary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report on the study conducted under subsection (a). ‘‘(c) TRAINING.—The Secretary shall ensure that all Women Veteran Program Managers and Women Vet- Page 280 TITLE 38—VETERANS’ BENEFITS § 1701 eran Program Ombudsmen receive the proper training to carry out their duties.’’ RECORDING OF OBLIGATIONS Pub. L. 116–260, div. FF, title XVI, § 1601, Dec. 27, 2020, 134 Stat. 3290, provided that: ‘‘Hereafter, subject to the availability of appropriations, the Secretary of Vet- erans Affairs shall record as an obligation of the United States Government amounts owed for hospital care or medical services furnished at non-Department facilities under title 38, United States Code, or Acts making ap- propriations for the Department of Veterans Affairs, on the date on which the Secretary approves: (i) a claim by a health care provider for payment or (ii) a voucher, invoice, or request for payment from a vendor for serv- ices rendered under a contract: Provided, That for any fiscal year in which an appropriation for the payment of hospital care or medical services furnished at non- Department facilities has been exhausted or has yet to be enacted, this title shall not provide the Secretary of Veterans Affairs with the authority to issue any new authorizations or orders for such care or such services in advance of such appropriation: Provided further, That this title shall take effect as if enacted on October 1, 2018: Provided further, That not later than 30 days after the date of enactment of this Act [Dec. 27, 2020], the De- partment of Veterans Affairs, in consultation with the Office of Management and Budget, shall submit a re- port to the President and the Congress, similar to the report required pursuant to 31 U.S.C. 1351, detailing how, in the absence of the enactment of this title, the expenditures or obligations would have exceeded the amount available in fiscal year 2019 and fiscal year 2020 in the Medical Community Care appropriation: Provided further, That the report required in the preceding pro- viso shall also include an explanation as to how the De- partment plans to avoid incurring obligations for the Medical Community Care appropriation in excess of its available budgetary resources in fiscal year 2021 and fu- ture fiscal years pursuant to the recording of obliga- tions required by this title.’’ EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS Pub. L. 116–171, title VII, § 701, Oct. 17, 2020, 134 Stat. 825, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall enter into agreements, and expand existing agree- ments, with organizations that represent or serve vet- erans, 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 en- tered into or expanded under this section with enti- ties described in subsection (a), the Secretary shall award grants to those entities. ‘‘(2) LOCATIONS.—To the extent practicable, the Sec- retary shall ensure that grants are awarded to enti- ties that serve veterans in rural and highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the De- partment 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 hard- ware or software necessary for the provision of se- cure and private telehealth services. ‘‘(ii) Upgrading security protocols for consist- ency with the security requirements of the De- partment of Veterans Affairs. ‘‘(iii) Training of site attendants, including pay- ment of those attendants for completing that training, with respect to— ‘‘(I) military and veteran cultural com- petence, 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 [Pub. L. 104–191] privacy rule under part 160 and sub- parts A and E of part 164 of title 45, Code of Fed- eral 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 con- ducive 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, includ- ing permits or inspections required in associa- tion 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 com- ply 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 [Oct. 17, 2020], the Secretary shall complete an assessment of bar- riers faced by veterans in accessing telehealth serv- ices. ‘‘(2) ELEMENTS.—The assessment required by para- graph (1) shall include the following: ‘‘(A) A description of the barriers veterans face in using telehealth while not on property of the De- partment. ‘‘(B) A description of how the Department plans to address the barriers described in subparagraph (A). ‘‘(C) Such other matters related to access by vet- erans to telehealth while not on property of the De- partment 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 recommenda- tions for legislative or administrative action based on the results of the assessment.’’ PARTNERSHIPS TO PROVIDE HYPERBARIC OXYGEN THERAPY TO VETERANS Pub. L. 116–171, title VII, § 702(a), Oct. 17, 2020, 134 Stat. 827, provided that: ‘‘(1) USE OF PARTNERSHIPS.—The Secretary of Vet- erans Affairs, in consultation with the Center for Com- Page 281 TITLE 38—VETERANS’ BENEFITS § 1701 passionate Innovation within the Office of Community Engagement of the Department of Veterans Affairs, may enter into partnerships with non-Federal Govern- ment entities to provide hyperbaric oxygen treatment to veterans to research the effectiveness of such ther- apy. ‘‘(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 re- search on the effectiveness of such therapy. ‘‘(3) LIMITATION ON FEDERAL FUNDING.—Federal Gov- ernment funding may be used to coordinate and admin- ister the partnerships under this subsection but may not be used to carry out activities conducted under such partnerships.’’ REVIEW OF EFFECTIVENESS OF HYPERBARIC OXYGEN THERAPY Pub. L. 116–171, title VII, § 702(b), Oct. 17, 2020, 134 Stat. 827, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2020], the Secretary [of Veterans Affairs], in consultation with the Center for Compassionate Innovation, shall begin using an objective and quantifiable method to review the effectiveness and applicability of hyperbaric oxy- gen therapy, such as through the use of a device ap- proved or cleared by the Food and Drug Administration that assesses traumatic brain injury by tracking eye movement.’’ COVERAGE OF TESTING FOR COVID–19: APPLICATION WITH RESPECT TO VETERANS Pub. L. 116–127, div. F, § 6006(b), Mar. 18, 2020, 134 Stat. 207, provided that: ‘‘The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) [of Pub. L. 116–127, 42 U.S.C. 1320b–5 note] (or the administration of such products) or visits de- scribed in paragraph (2) of such section furnished dur- ing any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Secu- rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act [Mar. 18, 2020].’’ PLANS TO IMPROVE MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–407, title VI, § 602, Dec. 31, 2018, 132 Stat. 5380, provided that: ‘‘(a) PLANS REQUIRED.— ‘‘(1) PLANS OF DIRECTORS OF MEDICAL FACILITIES.— Not later than 90 days after the date of the enact- ment of this Act [Dec. 31, 2018], the Secretary of Vet- erans Affairs shall require each director of a medical facility of the Department of Veterans Affairs to sub- mit to the director of the Veterans Integrated Serv- ice Network that covers the facility a plan to im- prove such facility. ‘‘(2) PLANS OF DIRECTORS OF VETERANS INTEGRATED SERVICE NETWORKS.—The Secretary shall require each director of a Veterans Integrated Service Network to submit to the Secretary, not later than 60 days after receiving all of the plans under paragraph (1), a plan, based on the plans received under paragraph (1), to improve the facilities within that Veterans Inte- grated Service Network in such a fashion that would improve the ability of all facilities within that net- work to provide the best and most efficient care to patients. ‘‘(b) REGULAR REPORTS.—The Secretary shall ensure that each director of a Veterans Integrated Service Network submits to the Secretary, not later than two years after the date of the enactment of this Act and not less frequently than once every two years there- after, a report on the actions taken by the director to improve the facilities within that Veterans Integrated Service Network and what further such actions might be necessary. ‘‘(c) SENSE OF CONGRESS ON USE OF AUTHORITIES TO IN- VESTIGATE MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS.—It is the sense of Congress that the Secretary of Veterans Affairs should make full use of the authorities provided by section 2 of the Enhanc- ing Veteran Care Act (Public Law 115–95; 38 U.S.C. 1701 note).’’ PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON-DEPARTMENT HEALTH CARE SERVICES TO VETERANS Pub. L. 115–182, title I, § 108, June 6, 2018, 132 Stat. 1416, as amended by Pub. L. 117–328, div. U, title I, § 144, Dec. 29, 2022, 136 Stat. 5425, provided that: ‘‘(a) IN GENERAL.—On and after the date that is 1 year after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall deny or revoke the eligibility of a health care provider to pro- vide non-Department health care services to veterans if the Secretary determines that the health care pro- vider— ‘‘(1) was removed from employment with the De- partment of Veterans Affairs due to conduct that vio- lated a policy of the Department relating to the de- livery of safe and appropriate health care; or ‘‘(2) violated the requirements of a medical license of the health care provider that resulted in the loss of such medical license. ‘‘(b) PERMISSIVE ACTION.—On and after the date that is 1 year after the date of the enactment of this Act, the Secretary may deny, revoke, or suspend the eligi- bility of a health care provider to provide non-Depart- ment health care services if the Secretary determines such action is necessary to immediately protect the health, safety, or welfare of veterans and the health care provider is under investigation by the medical li- censing board of a State in which the health care pro- vider is licensed or practices. ‘‘(c) SUSPENSION.—The Secretary shall suspend the eligibility of a health care provider to provide non-De- partment health care services to veterans if the health care provider is suspended from serving as a health care provider of the Department. ‘‘(d) APPLICATION.—The requirement to deny or re- voke the eligibility of a health care provider to provide non-Department health care services to veterans under subsection (a) shall apply to any removal under para- graph (1) of such subsection or violation under para- graph (2) of such subsection that occurred on or after a date determined by the Secretary that is not less than five years before the date of the enactment of this Act. ‘‘(e) COMPTROLLER GENERAL REPORT.—Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation by the Sec- retary of this section, including the following: ‘‘(1) The aggregate number of health care providers denied or suspended under this section from partici- pation in providing non-Department health care serv- ices. ‘‘(2) An evaluation of any impact on access to health care for patients or staffing shortages in pro- grams of the Department providing non-Department health care services. ‘‘(3) An explanation of the coordination of the De- partment with the medical licensing boards of States in implementing this section, the amount of involve- ment of such boards in such implementation, and ef- forts by the Department to address any concerns raised by such boards with respect to such implemen- tation. ‘‘(4) Such recommendations as the Comptroller General considers appropriate regarding harmonizing Page 282 TITLE 38—VETERANS’ BENEFITS § 1701 eligibility criteria between health care providers of the Department and health care providers eligible to provide non-Department health care services. ‘‘(f) NON-DEPARTMENT HEALTH CARE SERVICES DE- FINED.—In this section, the term ‘non-Department health care services’ means services— ‘‘(1) provided under subchapter I of chapter 17 of title 38, United States Code, at non-Department fa- cilities (as defined in section 1701 of such title); ‘‘(2) provided under section 101 of the Veterans Ac- cess, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note); ‘‘(3) purchased through the Medical Community Care account of the Department; or ‘‘(4) purchased with amounts deposited in the Vet- erans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 [38 U.S.C. 1701 note].’’ VETERANS’ EDUCATION AND TRAINING PROGRAMS Pub. L. 115–182, title I, § 121–123, June 6, 2018, 132 Stat. 1423, 1424, as amended by Pub. L. 115–251, title II, § 211(b)(1), Sept. 29, 2018, 132 Stat. 3176, provided that: ‘‘SEC. 121. EDUCATION PROGRAM ON HEALTH CARE OPTIONS. ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall develop and administer an education program that teaches veterans about their health care options through the Department of Veterans Affairs. ‘‘(b) ELEMENTS.—The program under subsection (a) shall— ‘‘(1) teach veterans about— ‘‘(A) eligibility criteria for care from the Depart- ment set forth under sections 1703, as amended by section 101 of this title and 1710 of title 38, United States Code; ‘‘(B) priority groups for enrollment in the system of annual patient enrollment under section 1705(a) of such title [38 U.S.C. 1705(a)]; ‘‘(C) the copayments and other financial obliga- tions, if any, required of certain individuals for cer- tain services; and ‘‘(D) how to utilize the access standards and standards for quality established under sections 1703B and 1703C of such title; ‘‘(2) teach veterans about the interaction between health insurance (including private insurance, Medi- care, Medicaid, the TRICARE program, the Indian Health Service, tribal health programs, and other forms of insurance) and health care from the Depart- ment; and ‘‘(3) provide veterans with information on what to do when they have a complaint about health care re- ceived from the Department (whether about the pro- vider, the Department, or any other type of com- plaint). ‘‘(c) ACCESSIBILITY.—In developing the education pro- gram under this section, the Secretary shall ensure that materials under such program are accessible— ‘‘(1) to veterans who may not have access to the internet; and ‘‘(2) to veterans in a manner that complies with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ‘‘(d) ANNUAL EVALUATION AND REPORT.— ‘‘(1) EVALUATION.—The Secretary shall develop a method to evaluate the effectiveness of the education program under this section and evaluate the program using the method not less frequently than once each year. ‘‘(2) REPORT.—Not less frequently than once each year, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the most recent evaluation conducted by the Secretary under paragraph (1). ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) MEDICAID.—The term ‘Medicaid’ means the Medicaid program under title XIX of the Social Secu- rity Act (42 U.S.C. 1396 et seq.). ‘‘(2) MEDICARE.—The term ‘Medicare’ means the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.). ‘‘(3) TRICARE PROGRAM.—The term ‘TRICARE pro- gram’ has the meaning given that term in section 1072 of title 10, United States Code. ‘‘SEC. 122. TRAINING PROGRAM FOR ADMINISTRA- TION OF NON-DEPARTMENT OF VETERANS AF- FAIRS HEALTH CARE. ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Veterans Affairs shall develop and implement a train- ing program to train employees and contractors of the Department of Veterans Affairs on how to administer non-Department health care programs, including the following: ‘‘(1) Reimbursement for non-Department emer- gency room care. ‘‘(2) The Veterans Community Care Program under section 1703 of title 38, United States Code, as amend- ed by section 101. ‘‘(3) Management of prescriptions pursuant to im- provements under section 131. ‘‘(b) ANNUAL EVALUATION AND REPORT.—The Sec- retary shall— ‘‘(1) develop a method to evaluate the effectiveness of the training program developed and implemented under subsection (a); ‘‘(2) evaluate such program not less frequently than once each year; and ‘‘(3) not less frequently than once each year, submit to Congress the findings of the Secretary with respect to the most recent evaluation carried out under para- graph (2). ‘‘SEC. 123. CONTINUING MEDICAL EDUCATION FOR NON-DEPARTMENT MEDICAL PROFESSIONALS. ‘‘(a) ESTABLISHMENT OF PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall establish a program to provide continuing med- ical education material to non-Department medical professionals. ‘‘(2) EDUCATION PROVIDED.—The program established under paragraph (1) shall include education on the following: ‘‘(A) Identifying and treating common mental and physical conditions of veterans and family mem- bers of veterans. ‘‘(B) The health care system of the Department of Veterans Affairs. ‘‘(C) Such other matters as the Secretary con- siders appropriate. ‘‘(b) MATERIAL PROVIDED.—The continuing medical education material provided to non-Department med- ical professionals under the program established under subsection (a) shall be the same material provided to medical professionals of the Department to ensure that all medical professionals treating veterans have access to the same materials, which supports core com- petencies throughout the community. ‘‘(c) ADMINISTRATION OF PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall administer the program established under subsection (a) to par- ticipating non-Department medical professionals through an internet website of the Department of Veterans Affairs. ‘‘(2) CURRICULUM AND CREDIT PROVIDED.—The Sec- retary shall determine the curriculum of the program and the number of hours of credit to provide to par- ticipating non-Department medical professionals for continuing medical education. ‘‘(3) ACCREDITATION.—The Secretary shall ensure that the program is accredited in as many States as practicable. ‘‘(4) CONSISTENCY WITH EXISTING RULES.—The Sec- retary shall ensure that the program is consistent with the rules and regulations of the following: ‘‘(A) The medical licensing agency of each State in which the program is accredited. ‘‘(B) Such medical credentialing organizations as the Secretary considers appropriate. Page 283 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(5) USER COST.—The Secretary shall carry out the program at no cost to participating non-Department medical professionals. ‘‘(6) MONITORING, EVALUATION, AND REPORT.—The Secretary shall monitor the utilization of the pro- gram established under subsection (a), evaluate its effectiveness, and report to Congress on utilization and effectiveness not less frequently than once each year. ‘‘(d) NON-DEPARTMENT MEDICAL PROFESSIONAL DE- FINED.—In this section, the term ‘non-Department med- ical professional’ means any individual who is licensed by an appropriate medical authority in the United States and is in good standing, is not an employee of the Department of Veterans Affairs, and provides care to veterans or family members of veterans under the laws administered by the Secretary of Veterans Af- fairs.’’ ESTABLISHMENT OF PROCESSES TO ENSURE SAFE OPIOID PRESCRIBING PRACTICES BY NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS Pub. L. 115–182, title I, § 131, June 6, 2018, 132 Stat. 1425, as amended by Pub. L. 115–251, title II, § 211(b)(2), Sept. 29, 2018, 132 Stat. 3176, provided that: ‘‘(a) RECEIPT AND REVIEW OF GUIDELINES.—The Sec- retary of Veterans Affairs shall ensure that all covered health care providers are provided a copy of and certify that they have reviewed the evidence-based guidelines for prescribing opioids set forth by the Opioid Safety Initiative of the Department of Veterans Affairs. ‘‘(b) INCLUSION OF MEDICAL HISTORY AND CURRENT MEDICATIONS.—The Secretary shall implement a proc- ess to ensure that, if care of a veteran by a covered health care provider is authorized under the laws ad- ministered by the Secretary, the document authorizing such care includes the available and relevant medical history of the veteran and a list of all medications pre- scribed to the veteran as known by the Department. ‘‘(c) SUBMITTAL OF MEDICAL RECORDS AND PRESCRIP- TIONS.— ‘‘(1) IN GENERAL.—The Secretary shall, consistent with section 1703(a)(2)(A) of title 38, United States Code,, [sic] as amended by section 101 of this Act, and section 1703A(e)(2)(F) of such title, as added by sec- tion 102 of this Act, require each covered health care provider to submit medical records of any care or services furnished, including records of any prescrip- tions for opioids, to the Department in the timeframe and format specified by the Secretary. ‘‘(2) RESPONSIBILITY OF DEPARTMENT FOR RECORDING AND MONITORING.—In carrying out paragraph (1) and upon the receipt by the Department of the medical records described in paragraph (1), the Secretary shall— ‘‘(A) ensure the Department is responsible for the recording of the prescription in the electronic health record of the veteran; and ‘‘(B) enable other monitoring of the prescription as outlined in the Opioid Safety Initiative of the Department. ‘‘(3) REPORT.—Not less frequently than annually, the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report evaluating the compliance of covered health care providers with the requirements under this sec- tion. ‘‘(d) USE OF OPIOID SAFETY INITIATIVE GUIDELINES.— ‘‘(1) IN GENERAL.—If the Secretary determines that the opioid prescribing practices of a covered health care provider, when treating veterans, satisfy a con- dition described in paragraph (3), the Secretary shall take such action as the Secretary considers appro- priate to ensure the safety of all veterans receiving care from that health care provider, including remov- ing or directing the removal of any such health care provider from provider networks or otherwise refus- ing to authorize care of veterans by such health care provider in any program authorized under the laws administered by the Secretary. ‘‘(2) INCLUSION IN CONTRACTS.—The Secretary shall ensure that any contracts, agreements, or other ar- rangements entered into by the Secretary with third parties involved in administering programs that pro- vide care in the community to veterans under the laws administered by the Secretary specifically grant the authority set forth in paragraph (1) to such third parties and to the Secretary, as the case may be. ‘‘(3) CONDITIONS FOR EXCLUSION OR LIMITATION.—The Secretary shall take such action as is considered ap- propriate under paragraph (1) when the opioid pre- scribing practices of a covered health care provider when treating veterans— ‘‘(A) conflict with or are otherwise inconsistent with the standards of appropriate and safe care; ‘‘(B) violate the requirements of a medical license of the health care provider; or ‘‘(C) may place at risk the veterans receiving health care from the provider. ‘‘(e) COVERED HEALTH CARE PROVIDER DEFINED.—In this section, the term ‘covered health care provider’ means a non-Department of Veterans Affairs health care provider who provides health care to veterans under the laws administered by the Secretary of Vet- erans Affairs, but does not include a health care pro- vider employed by another agency of the Federal Gov- ernment.’’ COMPETENCY STANDARDS FOR NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS Pub. L. 115–182, title I, § 133, June 6, 2018, 132 Stat. 1427, provided that: ‘‘(a) ESTABLISHMENT OF STANDARDS AND REQUIRE- MENTS.—The Secretary of Veterans Affairs shall estab- lish standards and requirements for the provision of care by non-Department of Veterans Affairs health care providers in clinical areas for which the Department of Veterans Affairs has special expertise, including post- traumatic stress disorder, military sexual trauma-re- lated conditions, and traumatic brain injuries. ‘‘(b) CONDITION FOR ELIGIBILITY TO FURNISH CARE.—(1) Each non-Department of Veterans Affairs health care provider shall, to the extent practicable as determined by the Secretary or otherwise provided for in paragraph (2), meet the standards and requirements established pursuant to subsection (a) before furnishing care pursu- ant to a contract, agreement, or other arrangement with the Department of Veterans Affairs. Non-Depart- ment of Veterans Affairs health care providers fur- nishing care pursuant to a contract, agreement, or other arrangement shall, to the extent practicable as determined by the Secretary, fulfill training require- ments established by the Secretary on how to deliver evidence-based treatments in the clinical areas for which the Department of Veterans Affairs has special expertise. ‘‘(2) Each non-Department of Veterans Affairs health care provider who enters into a contract, agreement, or other arrangement after the effective date identified in subsection (c) shall, to the extent practicable, meet the standards and requirements established pursuant to subsection (a) within 6 months of the contract, agree- ment, or other arrangement taking effect. ‘‘(c) EFFECTIVE DATE.—This section shall take effect on the day that is 1 year after the date of the enact- ment of this Act [June 6, 2018].’’ PROGRAM ON ESTABLISHMENT OF PEER SPECIALISTS IN PATIENT ALIGNED CARE TEAM SETTINGS WITHIN MED- ICAL CENTERS OF DEPARTMENT OF VETERANS AF- FAIRS Pub. L. 115–182, title V, § 506, June 6, 2018, 132 Stat. 1477, as amended by Pub. L. 117–328, div. V, title IV, § 401(a), Dec. 29, 2022, 136 Stat. 5509, provided that: ‘‘(a) PROGRAM REQUIRED.—The Secretary of Veterans Affairs shall carry out a program to establish not fewer than two peer specialists in patient aligned care teams at medical centers of the Department of Veterans Af- fairs to promote the use and integration of services for Page 284 TITLE 38—VETERANS’ BENEFITS § 1701 mental health, substance use disorder, and behavioral health in a primary care setting. Each such peer spe- cialist shall be a full-time employee whose primary function is to serve as a peer specialist and shall be in addition to all other employees of such medical center. ‘‘(b) INITIAL TIMEFRAME FOR ESTABLISHMENT OF PRO- GRAM.—The Secretary shall carry out the program at medical centers of the Department as follows: ‘‘(1) Not later than May 31, 2019, at not fewer than 15 medical centers of the Department. ‘‘(2) Not later than May 31, 2020, at not fewer than 30 medical centers of the Department. ‘‘(c) INITIAL SELECTION OF LOCATIONS.— ‘‘(1) IN GENERAL.—In establishing the program at initial locations, the Secretary shall select medical centers for the program as follows: ‘‘(A) Not fewer than five shall be medical centers of the Department that are designated by the Sec- retary as polytrauma centers. ‘‘(B) Not fewer than 10 shall be medical centers of the Department that are not designated by the Sec- retary as polytrauma centers. ‘‘(2) CONSIDERATIONS.—In selecting medical centers for the program under paragraph (1), the Secretary shall consider the feasibility and advisability of se- lecting medical centers in the following areas: ‘‘(A) Rural areas and other areas that are under- served by the Department. ‘‘(B) Areas that are not in close proximity to an active duty military installation. ‘‘(C) Areas representing different geographic loca- tions, such as census tracts established by the Bu- reau of the Census. ‘‘(d) TIMEFRAME FOR EXPANSION OF PROGRAM; SELEC- TION OF ADDITIONAL LOCATIONS.— ‘‘(1) TIMEFRAME FOR EXPANSION.—The Secretary shall make permanent and expand the program to ad- ditional medical centers of the Department as fol- lows: ‘‘(A) As of the date of the enactment of the STRONG Veterans Act of 2022 [Dec. 29, 2022], the Secretary shall make such program permanent at each medical center participating in the program on the day before such date of enactment. ‘‘(B) During the seven-year period following such date of enactment, the Secretary shall expand the program to an additional 25 medical centers per year until the program is carried out at each med- ical center of the Department. ‘‘(2) SELECTION OF ADDITIONAL LOCATIONS.—In select- ing medical centers for the expansion of the program under paragraph (1)(B), until such time as each med- ical center of the Department is participating in the program by establishing not fewer than two peer spe- cialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ‘‘(A) Rural areas and other areas that are under- served by the Department. ‘‘(B) Areas that are not in close proximity to an active duty military installation. ‘‘(C) Areas representing different geographic loca- tions, such as census tracts established by the Bu- reau of the Census. ‘‘(e) CONSIDERATIONS FOR HIRING PEER SPECIALISTS.— In carrying out the program at each medical center, the Secretary shall ensure that— ‘‘(1) the needs of female veterans are specifically considered and addressed; ‘‘(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center. ‘‘(f) ENGAGEMENT WITH COMMUNITY PROVIDERS.—At each location selected under subsection (c), the Sec- retary shall consider ways in which peer specialists can conduct outreach to health care providers in the com- munity who are known to be serving veterans to en- gage with those providers and veterans served by those providers. ‘‘(g) REPORTS.— ‘‘(1) PERIODIC REPORTS.— ‘‘(A) IN GENERAL.—Not later than one year after the date of the enactment of the STRONG Veterans Act of 2022 [Dec. 29, 2022], and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pro- gram, including the expansion of the program under subsection (d)(1). ‘‘(B) ELEMENTS.—Each report under subparagraph (A) shall include, with respect to the one-year pe- riod preceding the submission of the report, the fol- lowing: ‘‘(i) The findings and conclusions of the Sec- retary with respect to the program. ‘‘(ii) An assessment of the benefits of the pro- gram to veterans and family members of vet- erans. ‘‘(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and vet- erans served by such providers. ‘‘(iv) The name and location of each medical center where new peer specialists were hired. ‘‘(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ‘‘(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. ‘‘(2) FINAL REPORT.—Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Depart- ment, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report notifying such committees of such determination.’’ DEPARTMENT OF VETERANS AFFAIRS MEDICAL SCRIBE PILOT PROGRAM. Pub. L. 115–182, title V, § 507, June 6, 2018, 132 Stat. 1479, as amended by Pub. L. 115–251, title II, § 211(b)(10), Sept. 29, 2018, 132 Stat. 3177, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall carry out a 2-year pilot program under which the Secretary shall increase the use of medical scribes at Department of Veterans Affairs medical centers. ‘‘(b) LOCATIONS.—The Secretary shall carry out the pilot program at the 10 medical centers of the Depart- ment as follows: ‘‘(1) At least four such medical centers located in rural areas. ‘‘(2) At least four such medical centers located in urban areas. ‘‘(3) Two such medical centers located in areas with need for increased access or increased efficiency, as determined by the Secretary. ‘‘(c) MEDICAL SCRIBES.— ‘‘(1) HIRING.—Under the pilot program the Sec- retary shall— ‘‘(A) hire 20 new Department of Veterans Affairs term employees as medical scribes; and ‘‘(B) seek to enter into contracts with appropriate entities for the employment of 20 additional med- ical scribes. ‘‘(2) DISTRIBUTION.—The Secretary shall assign four medical scribes to each of the 10 medical centers of the Department where the Secretary carries out the pilot program as follows: ‘‘(A) Two scribes shall be assigned to each of two physicians. ‘‘(B) Thirty percent of the scribes shall be em- ployed in the provision of emergency care. ‘‘(C) Seventy percent of the scribes shall be em- ployed in the provision of specialty care in special- ties with the longest patient wait times or lowest efficiency ratings, as determined by the Secretary. ‘‘(d) REPORTS.— ‘‘(1) REPORTS TO CONGRESS.—Not later than 180 days after the commencement of the pilot program re- Page 285 TITLE 38—VETERANS’ BENEFITS § 1701 quired under this section, and every 180 days there- after for the duration of the pilot program, the Sec- retary of Veterans Affairs shall submit to Congress a report on the pilot program. Each such report shall include each of the following: ‘‘(A) A separate analysis of each [of] the following with respect to medical scribes employed by the Department of Veterans Affairs and medical scribes performing Department of Veterans Affairs func- tions under a contract: ‘‘(i) Provider efficiency. ‘‘(ii) Patient satisfaction. ‘‘(iii) Average wait time. ‘‘(iv) The number of patients seen per day by each physician or practitioner. ‘‘(v) The amount of time required to hire and train an employee to perform medical scribe func- tions under the pilot program. ‘‘(B) Metrics and data for analyzing the effects of the pilot program, including an evaluation of the each of the [sic] elements under clauses (i) through (iv) of subparagraph (A) at medical centers who em- ployed scribes under the pilot program for an ap- propriate period preceding the hiring of such scribes. ‘‘(2) COMPTROLLER GENERAL REPORT.—Not later than 90 days after the termination of the pilot program under this section, the Comptroller General of the United States shall submit to Congress a report on the pilot program. Such report shall include a com- parison of the pilot program with similar programs carried out in the private sector. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘medical scribe’ means an unlicensed individual hired to enter information into the elec- tronic health record or chart at the direction of a physician or licensed independent practitioner whose responsibilities include the following: ‘‘(A) Assisting the physician or practitioner in navigating the electronic health record. ‘‘(B) Responding to various messages as directed by the physician or practitioner. ‘‘(C) Entering information into the electronic health record, as directed by the physician or prac- titioner. ‘‘(2) The terms ‘urban’ and ‘rural’ have the mean- ings given such terms under the rural-urban com- muting codes developed by the Secretary of Agri- culture and the Secretary of Health and Human Serv- ices. ‘‘(f) FUNDING.—The pilot program under this section shall be carried out using amounts otherwise author- ized to be appropriated for the Department of Veterans Affairs. No additional amounts are authorized to be ap- propriated to carry out such program.’’ PILOT PROGRAM FOR HEALTH AND WELLNESS CENTERS AND PROGRAMS Pub. L. 115–141, div. J, title II, § 252, Mar. 23, 2018, 132 Stat. 825, as amended by Pub. L. 116–94, div. F, title II, § 254, Dec. 20, 2019, 133 Stat. 2808, provided that: ‘‘During the period preceding October 1, 2022, the Secretary of Veterans Affairs may carry out a 2-year pilot program making grants to nonprofit veterans services organiza- tions recognized by the Secretary in accordance with section 5902 of title 38, United States Code, to upgrade, through construction and repair, VSO community fa- cilities into health and wellness centers and to promote and expand complementary and integrative wellness programs: Provided, That no single grant may exceed a total of $500,000: Provided further, That the Secretary may not provide more than 20 grants during the 2-year pilot program: Provided further, That the recipient of a grant under this section may not use the grant to pur- chase real estate or to carry out repair of facilities leased by the recipient or to construct facilities on property leased by the recipient: Provided further, That the Secretary ensures that the grant recipients use grant funds to construct or repair facilities located in at least 10 different geographic locations in economi- cally depressed areas or areas designated as highly rural that are not in close proximity to Department of Veterans Affairs medical centers: Provided further, That the Secretary shall report to the Committees on Appro- priations of both Houses of Congress no later than 180 days after enactment of this Act [Mar. 23, 2018], on the grant program established under this section.’’ INVESTIGATION OF MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–95, § 2, Dec. 20, 2017, 131 Stat. 2042, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs may contract with a nonprofit organization that ac- credits health care organizations and programs in the United States to investigate a medical center of the Department of Veterans Affairs to assess and report de- ficiencies of the facilities at such medical center. ‘‘(b) AUTHORITY OF DIRECTORS.— ‘‘(1) IN GENERAL.—Subject to coordination under paragraph (2), the Secretary shall delegate the au- thority under subsection (a) to contract for an inves- tigation at a medical center of the Department to the Director of the Veterans Integrated Service Network in which the medical center is located or the director of such medical center. ‘‘(2) COORDINATION.—Before entering into a contract under paragraph (1), the Director of a Veterans Inte- grated Service Network or the director of a medical center, as the case may be, shall notify the Secretary of Veterans Affairs, the Inspector General of the De- partment of Veterans Affairs, and the Comptroller General of the United States for purposes of coordi- nating any investigation conducted pursuant to such contract with any other investigations that may be ongoing. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be construed— ‘‘(1) to prevent the Office of the Inspector General of the Department of Veterans Affairs from con- ducting any review, audit, evaluation, or inspection regarding a topic for which an investigation is con- ducted under this section; or ‘‘(2) to modify the requirement that employees of the Department assist with any review, audit, evalua- tion, or inspection conducted by the Office of the In- spector General of the Department.’’ FASTER CARE FOR VETERANS Pub. L. 114–286, Dec. 16, 2016, 130 Stat. 1459, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Faster Care for Vet- erans Act of 2016’. ‘‘SEC. 2. PILOT PROGRAM ESTABLISHING A PA- TIENT SELF-SCHEDULING APPOINTMENT SYS- TEM. ‘‘(a) PILOT PROGRAM.—Not later than 120 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall commence a pilot program under which veterans use an Internet website or mobile application to schedule and confirm medical appointments at medical facilities of the Department of Veterans Affairs. ‘‘(b) SELECTION OF LOCATIONS.—The Secretary shall select not less than three Veterans Integrated Services Networks in which to carry out the pilot program under subsection (a). ‘‘(c) CONTRACTS.— ‘‘(1) AUTHORITY.—The Secretary shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling ca- pability described in subsection (a). ‘‘(2) NOTICE OF COMPETITION.—Not later than 60 days after the date of the enactment of this Act, the Sec- retary shall issue a request for proposals for the con- tract described in paragraph (1). Such request shall be full and open to any contractor that has an existing Page 286 TITLE 38—VETERANS’ BENEFITS § 1701 commercially available, off-the-shelf online patient self-scheduling system that includes the capabilities specified in section 3(a). ‘‘(3) SELECTION.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to one or more contractors pursuant to the request for proposals under paragraph (2). ‘‘(d) DURATION OF PILOT PROGRAM.— ‘‘(1) IN GENERAL.—Except as provided by paragraph (2), the Secretary shall carry out the pilot program under subsection (a) for an 18-month period. ‘‘(2) EXTENSION.—The Secretary may extend the du- ration of the pilot program under subsection (a), and may expand the selection of Veterans Integrated Services Networks under subsection (b), if the Sec- retary determines that the pilot program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. ‘‘(e) MOBILE APPLICATION DEFINED.—In this section, the term ‘mobile application’ means a software pro- gram that runs on the operating system of a cellular telephone, tablet computer, or similar portable com- puting device that transmits data over a wireless con- nection. ‘‘SEC. 3. CAPABILITIES OF PATIENT SELF-SCHED- ULING APPOINTMENT SYSTEM. ‘‘(a) MINIMUM CAPABILITIES.—The Secretary of Vet- erans Affairs shall ensure that the patient self-sched- uling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Depart- ment of Veterans Affairs, includes, at a minimum, the following capabilities: ‘‘(1) Capability to schedule, modify, and cancel ap- pointments for primary care, specialty care, and mental health. ‘‘(2) Capability to support appointments for the pro- vision of health care regardless of whether such care is provided in person or through telehealth services. ‘‘(3) Capability to view appointment availability in real time. ‘‘(4) Capability to make available, in real time, ap- pointments that were previously filled but later can- celled by other patients. ‘‘(5) Capability to provide prompts or reminders to veterans to schedule follow-up appointments. ‘‘(6) Capability to be used 24 hours per day, 7 days per week. ‘‘(7) Capability to integrate with the Veterans Health Information Systems and Technology Archi- tecture of the Department, or such successor infor- mation technology system. ‘‘(b) INDEPENDENT VALIDATION AND VERIFICATION.— ‘‘(1) INDEPENDENT ENTITY.— ‘‘(A) The Secretary shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health infor- mation technology to independently validate and verify that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes the capabilities specified in subsection (a). ‘‘(B) Each independent validation and verification conducted under subparagraph (A) shall be com- pleted as follows: ‘‘(i) With respect to the validation and verification of the patient self-scheduling ap- pointment system used in the pilot program under section 2, by not later than 60 days after the date on which such pilot program commences. ‘‘(ii) With respect to any other patient self- scheduling appointment system developed or used by the Department of Veterans Affairs, by not later than 60 days after the date on which such system is deployed, regardless of whether such de- ployment is on a limited basis, but not including any deployments for testing purposes. ‘‘(2) GAO EVALUATION.— ‘‘(A) The Comptroller General of the United States shall evaluate each validation and verification conducted under paragraph (1). ‘‘(B) Not later than 30 days after the date on which the Comptroller General completes an eval- uation under paragraph (1), the Comptroller Gen- eral shall submit to the appropriate congressional committees a report on such evaluation. ‘‘(C) In this paragraph, the term ‘appropriate con- gressional committees’ means— ‘‘(i) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and ‘‘(ii) the Committees on Appropriations of the House of Representatives and the Senate. ‘‘(c) CERTIFICATION.— ‘‘(1) CAPABILITIES INCLUDED.—Not later than Decem- ber 31, 2017, the Secretary shall certify to the Com- mittees on Veterans’ Affairs of the House of Rep- resentatives and the Senate that the patient self- scheduling appointment system used in the pilot pro- gram under section 2, and any other patient self- scheduling appointment system developed or used by the Department of Veterans Affairs as of the date of the certification, includes the capabilities specified in subsection (a). ‘‘(2) NEW SYSTEMS.—If the Secretary develops or be- gins using a new patient self-scheduling appointment system that is not covered by a certification made under paragraph (1), the Secretary shall certify to such committees that such new system includes the capabilities specified in subsection (a) by not later than 30 days after the date on which the Secretary determines to replace the previous patient self-sched- uling appointment system. ‘‘(3) EFFECT OF CAPABILITIES NOT INCLUDED.—If the Secretary does not make a timely certification under paragraph (1) or paragraph (2), the Secretary shall re- place any patient self-scheduling appointment sys- tem developed by the Secretary that is in use with a commercially available, off-the-shelf online patient self-scheduling system that includes the capabilities specified in subsection (a). ‘‘SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. ‘‘No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.’’ INSPECTION PROGRAM FOR KITCHENS AND FOOD SERVICE AREAS AT DEPARTMENT OF VETERANS AFFAIRS MED- ICAL FACILITIES Pub. L. 114–223, div. A, title II, § 251, Sept. 29, 2016, 130 Stat. 893, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Sept. 29, 2016], the Secretary of Veterans Affairs shall establish a program to conduct inspections of kitchens and food service areas at each medical facility of the Department of Veterans Affairs. Such inspections shall occur not less frequently than annually. The program’s goal is to en- sure that the same standards for kitchens and food service areas at hospitals in the private sector are being met at kitchens and food service areas at medical facilities of the Department. ‘‘(b) AGREEMENT.— ‘‘(1) IN GENERAL.—The Secretary shall seek to enter into an agreement with the Joint Commission on Ac- creditation of Hospital Organizations under which the Joint Commission on Accreditation of Hospital Organizations conducts the inspections required under subsection (a). ‘‘(2) ALTERNATE ORGANIZATION.—If the Secretary is unable to enter into an agreement described in para- graph (1) with the Joint Commission on Accredita- tion of Hospital Organizations on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organi- zation that— ‘‘(A) is not part of the Federal Government; Page 287 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(B) operates as a not-for-profit entity; and ‘‘(C) has expertise and objectivity comparable to that of the Joint Commission on Accreditation of Hospital Organizations. ‘‘(c) REMEDIATION PLAN.— ‘‘(1) INITIAL FAILURE.—If a kitchen or food service area of a medical facility of the Department is deter- mined pursuant to an inspection conducted under subsection (a) not to meet the standards for kitchens and food service areas in hospitals in the private sec- tor, that medical facility fails the inspection and the Secretary shall— ‘‘(A) implement a remediation plan for that med- ical facility within 72 hours; and ‘‘(B) Conduct [sic] a second inspection under sub- section (a) at that medical facility within 14 days of the failed inspection. ‘‘(2) SECOND FAILURE.—If a medical facility of the Department fails the second inspection conducted under paragraph (1)(B), the Secretary shall close the kitchen or food service area at that medical facility that did not meet the standards for kitchens and food service areas in hospitals in the private sector until full remediation is completed and all kitchens and food service areas at that medical facility meet such standards. ‘‘(3) PROVISION OF FOOD.—If a kitchen or food serv- ice area is closed at a medical facility of the Depart- ment pursuant to paragraph (2), the Director of the Veterans Integrated Service Network in which the medical facility is located shall enter into a contract with a vendor approved by the General Services Ad- ministration to provide food at the medical facility. ‘‘(d) QUARTERLY REPORTS.—Not less frequently than quarterly, the Under Secretary of Health shall submit to Congress a report on inspections conducted under this section, and their detailed findings and actions taken, during the preceding quarter at medical facili- ties of the Department.’’ MOLD INSPECTION PROGRAM FOR DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES Pub. L. 114–223, div. A, title II, § 252, Sept. 29, 2016, 130 Stat. 894, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Sept. 29, 2016], the Secretary of Veterans Affairs shall establish a program to conduct risk-based inspections for mold and mold issues at each medical facility of the Department of Veterans Affairs. Such facilities will be rated high, me- dium, or low risk for mold. Such inspections at facili- ties rated high risk shall occur not less frequently than annually, and such inspections at facilities rated me- dium or low risk shall occur not less frequently than biennially. ‘‘(b) AGREEMENT.— ‘‘(1) IN GENERAL.—The Secretary shall seek to enter into an agreement with the Joint Commission on Ac- creditation of Hospital Organizations under which the Joint Commission on Accreditation of Hospital Organizations conducts the inspections required under subsection (a). ‘‘(2) ALTERNATE ORGANIZATION.—If the Secretary is unable to enter into an agreement described in para- graph (1) with the Joint Commission on Accredita- tion of Hospital Organizations on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organi- zation that— ‘‘(A) is not part of the Federal Government; ‘‘(B) operates as a not-for-profit entity; and ‘‘(C) has expertise and objectivity comparable to that of the Joint Commission on Accreditation of Hospital Organizations. ‘‘(c) REMEDIATION PLAN.—If a medical facility of the Department is determined pursuant to an inspection conducted under subsection (a) to have a mold issue, the Secretary shall— ‘‘(1) implement a remediation plan for that medical facility within 7 days; and ‘‘(2) Conduct [sic] a second inspection under sub- section (a) at that medical facility within 90 days of the initial inspection. ‘‘(d) QUARTERLY REPORTS.—Not less frequently than quarterly, the Under Secretary for Health shall submit to Congress a report on inspections conducted under this section, and their detailed findings and actions taken, during the preceding quarter at medical facili- ties of the Department.’’ IMPROVEMENT OF HEALTH CARE RELATING TO USE OF OPIOIDS, PATIENT ADVOCACY, COMPLEMENTARY AND INTEGRATIVE HEALTH, AND FITNESS OF PROVIDERS Pub. L. 114–198, title IX, July 22, 2016, 130 Stat. 755, as amended by Pub. L. 115–251, title II, § 208, Sept. 29, 2018, 132 Stat. 3173, provided that: ‘‘SEC. 901. SHORT TITLE. ‘‘This title may be cited as the ‘Jason Simcakoski Memorial and Promise Act’. ‘‘SEC. 902. DEFINITIONS. ‘‘In this title: ‘‘(1) The term ‘controlled substance’ has the mean- ing given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). ‘‘(2) The term ‘State’ means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Common- wealth of Puerto Rico. ‘‘(3) The term ‘complementary and integrative health’ has the meaning given that term, or any suc- cessor term, by the National Institutes of Health. ‘‘(4) The term ‘opioid receptor antagonist’ means a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) for emergency treatment of known or suspected opioid overdose. ‘‘SUBTITLE A—OPIOID THERAPY AND PAIN MANAGEMENT ‘‘SEC. 911. IMPROVEMENT OF OPIOID SAFETY MEASURES BY DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) EXPANSION OF OPIOID SAFETY INITIATIVE.— ‘‘(1) INCLUSION OF ALL MEDICAL FACILITIES.—Not later than 180 days after the date of the enactment of this Act [July 22, 2016], the Secretary of Veterans Af- fairs shall expand the Opioid Safety Initiative of the Department of Veterans Affairs to include all med- ical facilities of the Department. ‘‘(2) GUIDANCE.—The Secretary shall establish guid- ance that each health care provider of the Depart- ment of Veterans Affairs, before initiating opioid therapy to treat a patient as part of the comprehen- sive assessment conducted by the health care pro- vider, use the Opioid Therapy Risk Report tool of the Department of Veterans Affairs (or any subsequent tool), which shall include information from the pre- scription drug monitoring program of each partici- pating State as applicable, that includes the most re- cent information to date relating to the patient that accessed such program to assess the risk for adverse outcomes of opioid therapy for the patient, including the concurrent use of controlled substances such as benzodiazepines, as part of the comprehensive assess- ment conducted by the health care provider. ‘‘(3) ENHANCED STANDARDS.—The Secretary shall es- tablish enhanced standards with respect to the use of routine and random urine drug tests for all patients before and during opioid therapy to help prevent sub- stance abuse, dependence, and diversion, including— ‘‘(A) that such tests occur not less frequently than once each year or as otherwise determined ac- cording to treatment protocols; and ‘‘(B) that health care providers appropriately order, interpret and respond to the results from such tests to tailor pain therapy, safeguards, and risk management strategies to each patient. ‘‘(b) PAIN MANAGEMENT EDUCATION AND TRAINING.— ‘‘(1) IN GENERAL.—In carrying out the Opioid Safety Initiative of the Department, the Secretary shall re- Page 288 TITLE 38—VETERANS’ BENEFITS § 1701 quire all employees of the Department responsible for prescribing opioids to receive education and training described in paragraph (2). ‘‘(2) EDUCATION AND TRAINING.—Education and training described in this paragraph is education and training on pain management and safe opioid pre- scribing practices for purposes of safely and effec- tively managing patients with chronic pain, includ- ing education and training on the following: ‘‘(A) The implementation of and full compliance with the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, including any update to such guideline. ‘‘(B) The use of evidence-based pain management therapies and complementary and integrative health services, including cognitive-behavioral therapy, non-opioid alternatives, and non-drug methods and procedures to managing pain and re- lated health conditions including, to the extent practicable, medical devices approved or cleared by the Food and Drug Administration for the treat- ment of patients with chronic pain and related health conditions. ‘‘(C) Screening and identification of patients with substance use disorder, including drug-seeking be- havior, before prescribing opioids, assessment of risk potential for patients developing an addiction, and referral of patients to appropriate addiction treatment professionals if addiction is identified or strongly suspected. ‘‘(D) Communication with patients on the poten- tial harm associated with the use of opioids and other controlled substances, including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances. ‘‘(E) Such other education and training as the Secretary considers appropriate to ensure that vet- erans receive safe and high-quality pain manage- ment care from the Department. ‘‘(3) USE OF EXISTING PROGRAM.—In providing edu- cation and training described in paragraph (2), the Secretary shall use the Interdisciplinary Chronic Pain Management Training Team Program of the De- partment (or successor program). ‘‘(c) PAIN MANAGEMENT TEAMS.— ‘‘(1) IN GENERAL.—In carrying out the Opioid Safety Initiative of the Department, the director of each medical facility of the Department shall identify and designate a pain management team of health care professionals, which may include board certified pain medicine specialists, responsible for coordinating and overseeing pain management therapy at such facility for patients experiencing acute and chronic pain that is non-cancer related. ‘‘(2) ESTABLISHMENT OF PROTOCOLS.— ‘‘(A) IN GENERAL.—In consultation with the Direc- tors of each Veterans Integrated Service Network, the Secretary shall establish standard protocols for the designation of pain management teams at each medical facility within the Department. ‘‘(B) CONSULTATION ON PRESCRIPTION OF OPIOIDS.— Each protocol established under subparagraph (A) shall ensure that any health care provider without expertise in prescribing analgesics or who has not completed the education and training under sub- section (b), including a mental health care pro- vider, does not prescribe opioids to a patient unless that health care provider— ‘‘(i) consults with a health care provider with pain management expertise or who is on the pain management team of the medical facility; and ‘‘(ii) refers the patient to the pain management team for any subsequent prescriptions and related therapy. ‘‘(3) REPORT.— ‘‘(A) IN GENERAL.—Not later than one year after the date of enactment of this Act [July 22, 2016], the director of each medical facility of the Department shall submit to the Under Secretary for Health and the director of the Veterans Integrated Service Net- work in which the medical facility is located a re- port identifying the health care professionals that have been designated as members of the pain man- agement team at the medical facility pursuant to paragraph (1). ‘‘(B) ELEMENTS.—Each report submitted under subparagraph (A) with respect to a medical facility of the Department shall include— ‘‘(i) a certification as to whether all members of the pain management team at the medical facil- ity have completed the education and training re- quired under subsection (b); ‘‘(ii) a plan for the management and referral of patients to such pain management team if health care providers without expertise in prescribing analgesics prescribe opioid medications to treat acute and chronic pain that is non-cancer related; and ‘‘(iii) a certification as to whether the medical facility— ‘‘(I) fully complies with the stepped-care model, or successor models, of pain manage- ment and other pain management policies of the Department; or ‘‘(II) does not fully comply with such stepped- care model, or successor models, of pain man- agement and other pain management policies but is carrying out a corrective plan of action to ensure such full compliance. ‘‘(d) TRACKING AND MONITORING OF OPIOID USE.— ‘‘(1) PRESCRIPTION DRUG MONITORING PROGRAMS OF STATES.—In carrying out the Opioid Safety Initiative and the Opioid Therapy Risk Report tool of the De- partment, the Secretary shall— ‘‘(A) ensure access by health care providers of the Department to information on controlled sub- stances, including opioids and benzodiazepines, pre- scribed to veterans who receive care outside the De- partment through the prescription drug monitoring program of each State with such a program, includ- ing by seeking to enter into memoranda of under- standing with States to allow shared access of such information between States and the Department; ‘‘(B) include such information in the Opioid Ther- apy Risk Report tool; and ‘‘(C) require health care providers of the Depart- ment to submit to the prescription drug monitoring program of each State with such a program infor- mation on prescriptions of controlled substances re- ceived by veterans in that State under the laws ad- ministered by the Secretary. ‘‘(2) REPORT ON TRACKING OF DATA ON OPIOID USE.— Not later than 18 months after the date of the enact- ment of this Act [July 22, 2016], 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 feasibility and advisability of improving the Opioid Therapy Risk Report tool of the Department to allow for more advanced real-time tracking of and access to data on— ‘‘(A) the key clinical indicators with respect to the totality of opioid use by veterans; ‘‘(B) concurrent prescribing by health care pro- viders of the Department of opioids in different health care settings, including data on concurrent prescribing of opioids to treat mental health dis- orders other than opioid use disorder; and ‘‘(C) mail-order prescriptions of opioids prescribed to veterans under the laws administered by the Sec- retary. ‘‘(e) AVAILABILITY OF OPIOID RECEPTOR ANTAGO- NISTS.— ‘‘(1) INCREASED AVAILABILITY AND USE.— ‘‘(A) IN GENERAL.—The Secretary shall maximize the availability of opioid receptor antagonists, in- cluding naloxone, to veterans. ‘‘(B) AVAILABILITY, TRAINING, AND DISTRIBUTING.— In carrying out subparagraph (A), not later than 90 days after the date of the enactment of this Act [July 22, 2016], the Secretary shall— Page 289 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(i) equip each pharmacy of the Department with opioid receptor antagonists to be dispensed to outpatients as needed; and ‘‘(ii) expand the Overdose Education and Naloxone Distribution program of the Depart- ment to ensure that all veterans in receipt of health care under laws administered by the Sec- retary who are at risk of opioid overdose may ac- cess such opioid receptor antagonists and train- ing on the proper administration of such opioid receptor antagonists. ‘‘(C) VETERANS WHO ARE AT RISK.—For purposes of subparagraph (B), veterans who are at risk of opioid overdose include— ‘‘(i) veterans receiving long-term opioid ther- apy; ‘‘(ii) veterans receiving opioid therapy who have a history of substance use disorder or prior in- stances of overdose; and ‘‘(iii) veterans who are at risk as determined by a health care provider who is treating the vet- eran. ‘‘(2) REPORT.—Not later than 120 days after the date of the enactment of this Act [July 22, 2016], and not later than one year after the date of the enactment of the Department of Veterans Affairs Expiring Au- thorities Act of 2018 [Sept. 29, 2018] 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 carrying out paragraph (1), including an assessment of any re- maining steps to be carried out by the Secretary to carry out such paragraph. ‘‘(f) INCLUSION OF CERTAIN INFORMATION AND CAPABILI- TIES IN OPIOID THERAPY RISK REPORT TOOL OF THE DE- PARTMENT.— ‘‘(1) INFORMATION.—The Secretary shall include in the Opioid Therapy Risk Report tool of the Depart- ment— ‘‘(A) information on the most recent time the tool was accessed by a health care provider of the Department with respect to each veteran; and ‘‘(B) information on the results of the most re- cent urine drug test for each veteran. ‘‘(2) CAPABILITIES.—The Secretary shall include in the Opioid Therapy Risk Report tool the ability of the health care providers of the Department to deter- mine whether a health care provider of the Depart- ment prescribed opioids to a veteran without check- ing the information in the tool with respect to the veteran. ‘‘(g) NOTIFICATIONS OF RISK IN COMPUTERIZED HEALTH RECORD.—The Secretary shall modify the computerized patient record system of the Department to ensure that any health care provider that accesses the record of a veteran, regardless of the reason the veteran seeks care from the health care provider, will be immediately no- tified whether the veteran— ‘‘(1) is receiving opioid therapy and has a history of substance use disorder or prior instances of overdose; ‘‘(2) has a history of opioid abuse; or ‘‘(3) is at risk of developing an opioid use disorder, as determined by a health care provider who is treat- ing the veteran. ‘‘SEC. 912. STRENGTHENING OF JOINT WORKING GROUP ON PAIN MANAGEMENT OF THE DE- PARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF DEFENSE. ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [July 22, 2016], the Sec- retary of Veterans Affairs and the Secretary of Defense shall ensure that the Pain Management Working Group of the Health Executive Committee of the Department of Veterans Affairs–Department of Defense Joint Exec- utive Committee (Pain Management Working Group) established under section 320 of title 38, United States Code, includes a focus on the following: ‘‘(1) The opioid prescribing practices of health care providers of each Department. ‘‘(2) The ability of each Department to manage acute and chronic pain among individuals receiving health care from the Department, including training health care providers with respect to pain manage- ment. ‘‘(3) The use by each Department of complementary and integrative health in treating such individuals. ‘‘(4) The concurrent use and practice by health care providers of each Department of opioids and prescrip- tion drugs to treat mental health disorders, including benzodiazepines. ‘‘(5) The use of care transition plans by health care providers of each Department to address case man- agement issues for patients receiving opioid therapy who transition between inpatient and outpatient care. ‘‘(6) The coordination in coverage of and consistent access to medications prescribed for patients transitioning from receiving health care from the De- partment of Defense to receiving health care from the Department of Veterans Affairs. ‘‘(7) The ability of each Department to properly screen, identify, refer, and treat patients with sub- stance use disorders who are seeking treatment for acute and chronic pain management conditions. ‘‘(b) COORDINATION AND CONSULTATION.—The Sec- retary of Veterans Affairs and the Secretary of Defense shall ensure that the working group described in sub- section (a)— ‘‘(1) coordinates the activities of the working group with other relevant working groups established under section 320 of title 38, United States Code; ‘‘(2) consults with other relevant Federal agencies, including the Centers for Disease Control and Preven- tion, with respect to the activities of the working group; and ‘‘(3) consults with the Department of Veterans Af- fairs and the Department of Defense with respect to the VA/DOD Clinical Practice Guideline for Manage- ment of Opioid Therapy for Chronic Pain, or any suc- cessor guideline, and reviews and provides comments before any update to the guideline is released. ‘‘(c) CLINICAL PRACTICE GUIDELINES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [July 22, 2016], the Secretary of Veterans Affairs and the Secretary of Defense shall issue an update to the VA/DOD Clinical Practice Guideline for Management of Opioid Ther- apy for Chronic Pain. ‘‘(2) MATTERS INCLUDED.—In conducting the update under paragraph (1), the Pain Management Working Group, in coordination with the Clinical Practice Guideline VA/DoD Management of Opioid Therapy for Chronic Pain Working Group, shall work to ensure that the Clinical Practical Guideline includes the fol- lowing: ‘‘(A) Enhanced guidance with respect to— ‘‘(i) the co-administration of an opioid and other drugs, including benzodiazepines, that may result in life-limiting drug interactions; ‘‘(ii) the treatment of patients with current acute psychiatric instability or substance use dis- order or patients at risk of suicide; and ‘‘(iii) the use of opioid therapy to treat mental health disorders other than opioid use disorder. ‘‘(B) Enhanced guidance with respect to the treat- ment of patients with behaviors or comorbidities, such as post-traumatic stress disorder or other psy- chiatric disorders, or a history of substance abuse or addiction, that requires a consultation or co- management of opioid therapy with one or more specialists in pain management, mental health, or addictions. ‘‘(C) Enhanced guidance with respect to health care providers— ‘‘(i) conducting an effective assessment for pa- tients beginning or continuing opioid therapy, in- cluding understanding and setting realistic goals with respect to achieving and maintaining an ex- pected level of pain relief, improved function, or a clinically appropriate combination of both; and Page 290 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(ii) effectively assessing whether opioid ther- apy is achieving or maintaining the established treatment goals of the patient or whether the pa- tient and health care provider should discuss ad- justing, augmenting, or discontinuing the opioid therapy. ‘‘(D) Guidelines to inform the methodologies used by health care providers of the Department of Vet- erans Affairs and the Department of Defense to safely taper opioid therapy when adjusting or dis- continuing the use of opioid therapy, including— ‘‘(i) prescription of the lowest effective dose based on patient need; ‘‘(ii) use of opioids only for a limited time; and ‘‘(iii) augmentation of opioid therapy with other pain management therapies and modalities. ‘‘(E) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition between inpatient and outpatient health care settings, which may include the use of care transition plans. ‘‘(F) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition from receiving care during active duty to post-military health care networks. ‘‘(G) Guidelines with respect to providing options, before initiating opioid therapy, for pain manage- ment therapies without the use of opioids and op- tions to augment opioid therapy with other clinical and complementary and integrative health services to minimize opioid dependence. ‘‘(H) Guidelines with respect to the provision of evidence-based non-opioid treatments within the Department of Veterans Affairs and the Depart- ment of Defense, including medical devices and other therapies approved or cleared by the Food and Drug Administration for the treatment of chronic pain as an alternative to or to augment opioid therapy. ‘‘(I) Guidelines developed by the Centers for Dis- ease Control and Prevention for safely prescribing opioids for the treatment of chronic, non-cancer re- lated pain in outpatient settings. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to prevent the Secretary of Veterans Affairs and the Secretary of Defense from considering all relevant evidence, as appropriate, in updating the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, as required under paragraph (1), or from ensuring that the final clinical practice guideline updated under such paragraph remains applicable to the patient populations of the Department of Veterans Affairs and the Department of Defense. ‘‘SEC. 913. REVIEW, INVESTIGATION, AND REPORT ON USE OF OPIOIDS IN TREATMENT BY DE- PARTMENT OF VETERANS AFFAIRS. ‘‘(a) COMPTROLLER GENERAL REPORT.— ‘‘(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act [July 22, 2016], the Comptroller General of the United States 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 Opioid Safe- ty Initiative of the Department of Veterans Affairs and the opioid prescribing practices of health care providers of the Department. ‘‘(2) ELEMENTS.—The report submitted under para- graph (1) shall include the following: ‘‘(A) An assessment of the implementation and monitoring by the Veterans Health Administration of the Opioid Safety Initiative of the Department, including examining, as appropriate, the following: ‘‘(i) How the Department monitors the key clin- ical outcomes of such safety initiative (for exam- ple, the percentage of unique veterans visiting each medical center of the Department that are prescribed an opioid or an opioid and benzodiazepine concurrently) and how the Depart- ment uses that information— ‘‘(I) to improve prescribing practices; and ‘‘(II) to identify high prescribing or otherwise inappropriate prescribing practices by health care providers. ‘‘(ii) How the Department monitors the use of the Opioid Therapy Risk Report tool of the De- partment (as developed through such safety ini- tiative) and compliance with such tool by medical facilities and health care providers of the Depart- ment, including any findings by the Department of prescription rates or prescription practices by medical facilities or health care providers that are inappropriate. ‘‘(iii) The implementation of academic detailing programs within the Veterans Integrated Service Networks of the Department and how such pro- grams are being used to improve opioid pre- scribing practices. ‘‘(iv) Recommendations on such improvements to the Opioid Safety Initiative of the Department as the Comptroller General considers appropriate. ‘‘(B) Information made available under the Opioid Therapy Risk Report tool with respect to— ‘‘(i) deaths resulting from sentinel events in- volving veterans prescribed opioids by a health care provider; ‘‘(ii) overall prescription rates and, if applica- ble, indications used by health care providers for prescribing chronic opioid therapy to treat non- cancer, non-palliative, and non-hospice care pa- tients; ‘‘(iii) the prescription rates and indications used by health care providers for prescribing benzodiazepines and opioids concomitantly; ‘‘(iv) the practice by health care providers of prescribing opioids to treat patients without any pain, including to treat patients with mental health disorders other than opioid use disorder; and ‘‘(v) the effectiveness of opioid therapy for pa- tients receiving such therapy, including the effec- tiveness of long-term opioid therapy. ‘‘(C) An evaluation of processes of the Depart- ment in place to oversee opioid use among veterans, including procedures to identify and remedy poten- tial over-prescribing of opioids by health care pro- viders of the Department. ‘‘(D) An assessment of the implementation by the Secretary of Veterans Affairs of the VA/DOD Clin- ical Practice Guideline for Management of Opioid Therapy for Chronic Pain, including any figures or approaches used by the Department to assess com- pliance with such guidelines by medical centers of the Department and identify any medical centers of the Department operating action plans to improve compliance with such guidelines. ‘‘(E) An assessment of the data that the Depart- ment has developed to review the opioid prescribing practices of health care providers of the Depart- ment, as required by this subtitle, including a re- view of how the Department identifies the practices of individual health care providers that warrant further review based on prescribing levels, health conditions for which the health care provider is pre- scribing opioids or opioids and benzodiazepines con- currently, or other practices of the health care pro- vider. ‘‘(b) SEMI-ANNUAL PROGRESS REPORT ON IMPLEMENTA- TION OF COMPTROLLER GENERAL RECOMMENDATIONS.— Not later than 180 days after the date of the submittal of the report required under subsection (a), and not less frequently than annually thereafter until the Comp- troller General of the United States determines that all recommended actions are closed, the Secretary of Vet- erans Affairs shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a progress report detailing the actions by the Secretary to address any outstanding findings and recommenda- tions by the Comptroller General of the United States Page 291 TITLE 38—VETERANS’ BENEFITS § 1701 under subsection (a) with respect to the Veterans Health Administration. ‘‘(c) ANNUAL REPORT ON OPIOID THERAPY AND PRE- SCRIPTION RATES.—Not later than one year after the date of the enactment of this Act [July 22, 2016], and not less frequently than annually for the following five years, 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 re- port on opioid therapy and prescription rates for the one-year period preceding the date of the submission of the report. Each such report shall include each of the following: ‘‘(1) The number of patients and the percentage of the patient population of the Department who were prescribed benzodiazepines and opioids concurrently by a health care provider of the Department. ‘‘(2) The number of patients and the percentage of the patient population of the Department without any pain who were prescribed opioids by a health care provider of the Department, including those who were prescribed benzodiazepines and opioids concurrently. ‘‘(3) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were treated with opioids by a health care provider of the Department on an inpatient-basis and who also received prescription opioids by mail from the Department while being treated on an inpa- tient-basis. ‘‘(4) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were prescribed opioids concurrently by a health care provider of the Department and a health care provider that is not a health care pro- vider of the Department. ‘‘(5) With respect to each medical facility of the De- partment, the collected and reviewed information on opioids prescribed by health care providers at the fa- cility to treat non-cancer, non-palliative, and non- hospice care patients, including— ‘‘(A) the prescription rate at which each health care provider at the facility prescribed benzodiazepines and opioids concurrently to such patients and the aggregate of such prescription rate for all health care providers at the facility; ‘‘(B) the prescription rate at which each health care provider at the facility prescribed benzodiazepines or opioids to such patients to treat conditions for which benzodiazepines or opioids are not approved treatment and the aggregate of such prescription rate for all health care providers at the facility; ‘‘(C) the prescription rate at which each health care provider at the facility prescribed or dispensed mail-order prescriptions of opioids to such patients while such patients were being treated with opioids on an inpatient-basis and the aggregate of such pre- scription rate for all health care providers at the facility; and ‘‘(D) the prescription rate at which each health care provider at the facility prescribed opioids to such patients who were also concurrently pre- scribed opioids by a health care provider that is not a health care provider of the Department and the aggregate of such prescription rates for all health care providers at the facility. ‘‘(6) With respect to each medical facility of the De- partment, the number of times a pharmacist at the facility overrode a critical drug interaction warning with respect to an interaction between opioids and another medication before dispensing such medica- tion to a veteran. ‘‘(d) INVESTIGATION OF PRESCRIPTION RATES.—If the Secretary determines that a prescription rate with re- spect to a health care provider or medical facility of the Department conflicts with or is otherwise incon- sistent with the standards of appropriate and safe care, the Secretary shall— ‘‘(1) immediately notify the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such determination, including information relating to such determination, prescription rate, and health care provider or medical facility, as the case may be; and ‘‘(2) through the Office of the Medical Inspector of the Veterans Health Administration, conduct a full investigation of the health care provider or medical facility, as the case may be. ‘‘(e) PRESCRIPTION RATE DEFINED.—In this section, the term ‘prescription rate’ means, with respect to a health care provider or medical facility of the Depart- ment, each of the following: ‘‘(1) The number of patients treated with opioids by the health care provider or at the medical facility, as the case may be, divided by the total number of phar- macy users of that health care provider or medical fa- cility. ‘‘(2) The average number of morphine equivalents per day prescribed by the health care provider or at the medical facility, as the case may be, to patients being treated with opioids. ‘‘(3) Of the patients being treated with opioids by the health care provider or at the medical facility, as the case may be, the average number of prescriptions of opioids per patient. ‘‘SEC. 914. MANDATORY DISCLOSURE OF CERTAIN VETERAN INFORMATION TO STATE CON- TROLLED SUBSTANCE MONITORING PRO- GRAMS. [Amended section 5701 of this title.] ‘‘SEC. 915. ELIMINATION OF COPAYMENT REQUIRE- MENT FOR VETERANS RECEIVING OPIOID AN- TAGONISTS OR EDUCATION ON USE OF OPIOID ANTAGONISTS. ‘‘(a) COPAYMENT FOR OPIOID ANTAGONISTS.—[Amended section 1722A of this title.] ‘‘(b) COPAYMENT FOR EDUCATION ON USE OF OPIOID AN- TAGONISTS.—[Amended section 1710 of this title.] ‘‘SUBTITLE B—PATIENT ADVOCACY ‘‘SEC. 921. COMMUNITY MEETINGS ON IMPROVING CARE FURNISHED BY DEPARTMENT OF VET- ERANS AFFAIRS. ‘‘(a) COMMUNITY MEETINGS.— ‘‘(1) MEDICAL CENTERS.—Not later than 90 days after the date of the enactment of this Act [July 22, 2016], and not less frequently than once every 90 days there- after, the Secretary shall ensure that each medical facility of the Department of Veterans Affairs hosts a community meeting open to the public on improv- ing health care furnished by the Secretary. ‘‘(2) COMMUNITY-BASED OUTPATIENT CLINICS.—Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall ensure that each com- munity-based outpatient clinic of the Department hosts a community meeting open to the public on im- proving health care furnished by the Secretary. ‘‘(b) ATTENDANCE BY DIRECTOR OF VETERANS INTE- GRATED SERVICE NETWORK OR DESIGNEE.— ‘‘(1) IN GENERAL.—Each community meeting hosted by a medical facility or community-based outpatient clinic under subsection (a) shall be attended by the Director of the Veterans Integrated Service Network in which the medical facility or community-based outpatient clinic, as the case may be, is located. Sub- ject to paragraph (2), the Director may delegate such attendance only to an employee who works in the Of- fice of the Director. ‘‘(2) ATTENDANCE BY DIRECTOR.—Each Director of a Veterans Integrated Service Network shall personally attend not less than one community meeting under subsection (a) hosted by each medical facility located in the Veterans Integrated Service Network each year. ‘‘(c) NOTICE.—The Secretary shall notify the Com- mittee on Veterans’ Affairs of the Senate, the Com- Page 292 TITLE 38—VETERANS’ BENEFITS § 1701 mittee on Veterans’ Affairs of the House of Representa- tives, and each Member of Congress (as defined in sec- tion 902) [sic] who represents the area in which the medical facility is located of a community meeting under subsection (a) by not later than 10 days before such community meeting occurs. ‘‘SEC. 922. IMPROVEMENT OF AWARENESS OF PA- TIENT ADVOCACY PROGRAM AND PATIENT BILL OF RIGHTS OF DEPARTMENT OF VET- ERANS AFFAIRS. ‘‘Not later than 90 days after the date of the enact- ment of this Act [July 22, 2016], the Secretary of Vet- erans Affairs shall, in as many prominent locations as the Secretary determines appropriate to be seen by the largest percentage of patients and family members of patients at each medical facility of the Department of Veterans Affairs— ‘‘(1) display the purposes of the Patient Advocacy Program of the Department and the contact informa- tion for the patient advocate at such medical facility; and ‘‘(2) display the rights and responsibilities of— ‘‘(A) patients and family members of patients at such medical facility; and ‘‘(B) with respect to community living centers and other residential facilities of the Department, residents and family members of residents at such medical facility. ‘‘SEC. 923. COMPTROLLER GENERAL REPORT ON PATIENT ADVOCACY PROGRAM OF DEPART- MENT OF VETERANS AFFAIRS. ‘‘(a) IN GENERAL.—Not later than two years after the date of the enactment of this Act [July 22, 2016], the Comptroller General of the United States 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 Patient Advocacy Pro- gram of the Department of Veterans Affairs (in this section referred to as the ‘Program’). ‘‘(b) ELEMENTS.—The report required by subsection (a) shall include the following: ‘‘(1) A description of the Program, including— ‘‘(A) the purpose of the Program; ‘‘(B) the activities carried out under the Program; and ‘‘(C) the sufficiency of the Program in achieving the purpose of the Program. ‘‘(2) An assessment of the sufficiency of staffing of employees of the Department responsible for carrying out the Program. ‘‘(3) An assessment of the sufficiency of the train- ing of such employees. ‘‘(4) An assessment of— ‘‘(A) the awareness of the Program among vet- erans and family members of veterans; and ‘‘(B) the use of the Program by veterans and fam- ily members of veterans. ‘‘(5) Such recommendations and proposals for im- proving or modifying the Program as the Comptroller General considers appropriate. ‘‘(6) Such other information with respect to the Program as the Comptroller General considers appro- priate. ‘‘SEC. 924. ESTABLISHMENT OF OFFICE OF PA- TIENT ADVOCACY OF THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) IN GENERAL.—[Enacted section 7309A of this title.] ‘‘(b) CLERICAL AMENDMENT.—[Amended analysis of chapter 73 of this title.] ‘‘(c) DATE FULLY OPERATIONAL.—[Enacted provisions set out as a note under section 7309A of this title.] ‘‘SUBTITLE C—COMPLEMENTARY AND INTEGRATIVE HEALTH ‘‘SEC. 931. EXPANSION OF RESEARCH AND EDU- CATION ON AND DELIVERY OF COMPLEMEN- TARY AND INTEGRATIVE HEALTH TO VET- ERANS. ‘‘(a) ESTABLISHMENT.—There is established a commis- sion to be known as the ‘Creating Options for Veterans’ Expedited Recovery’ or the ‘COVER Commission’ (in this section referred to as the ‘Commission’). The Com- mission shall examine the evidence-based therapy treatment model used by the Secretary of Veterans Af- fairs for treating mental health conditions of veterans and the potential benefits of incorporating complemen- tary and integrative health treatments available in non-Department facilities (as defined in section 1701 of title 38, United States Code). ‘‘(b) DUTIES.—The Commission shall perform the fol- lowing duties: ‘‘(1) Examine the efficacy of the evidence-based therapy model used by the Secretary for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. ‘‘(2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to ex- amine— ‘‘(A) the experience of veterans with the Depart- ment of Veterans Affairs when seeking medical as- sistance for mental health issues through the health care system of the Department; ‘‘(B) the experience of veterans with non-Depart- ment facilities and health professionals for treating mental health issues; ‘‘(C) the preference of veterans regarding avail- able treatment for mental health issues and which methods the veterans believe to be most effective; ‘‘(D) the experience, if any, of veterans with re- spect to the complementary and integrative health treatment therapies described in paragraph (3); ‘‘(E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and ‘‘(F) the outreach efforts of the Secretary regard- ing the availability of benefits and treatments for veterans for addressing mental health issues, in- cluding by identifying ways to reduce barriers to gaps in such benefits and treatments. ‘‘(3) Examine available research on complementary and integrative health treatment therapies for men- tal health issues and identify what benefits could be made with the inclusion of such treatments for vet- erans, including with respect to— ‘‘(A) music therapy; ‘‘(B) equine therapy; ‘‘(C) training and caring for service dogs; ‘‘(D) yoga therapy; ‘‘(E) acupuncture therapy; ‘‘(F) meditation therapy; ‘‘(G) outdoor sports therapy; ‘‘(H) hyperbaric oxygen therapy; ‘‘(I) accelerated resolution therapy; ‘‘(J) art therapy; ‘‘(K) magnetic resonance therapy; and ‘‘(L) other therapies the Commission determines appropriate. ‘‘(4) Study the sufficiency of the resources of the Department to ensure the delivery of quality health care for mental health issues among veterans seeking treatment within the Department. ‘‘(5) Study the current treatments and resources available within the Department and assess— ‘‘(A) the effectiveness of such treatments and re- sources in decreasing the number of suicides per day by veterans; ‘‘(B) the number of veterans who have been diag- nosed with mental health issues; ‘‘(C) the percentage of veterans using the re- sources of the Department who have been diagnosed with mental health issues; ‘‘(D) the percentage of veterans who have com- pleted counseling sessions offered by the Depart- ment; and ‘‘(E) the efforts of the Department to expand com- plementary and integrative health treatments via- ble to the recovery of veterans with mental health issues as determined by the Secretary to improve Page 293 TITLE 38—VETERANS’ BENEFITS § 1701 the effectiveness of treatments offered by the De- partment. ‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Commission shall be com- posed of 10 members, appointed as follows: ‘‘(A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. ‘‘(B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. ‘‘(C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran. ‘‘(D) Two members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ‘‘(E) Two members appointed by the President, at least one of whom shall be a veteran. ‘‘(2) QUALIFICATIONS.—Members of the Commission shall be individuals who— ‘‘(A) are of recognized standing and distinction within the medical community with a background in treating mental health; ‘‘(B) have experience working with the military and veteran population; and ‘‘(C) do not have a financial interest in any of the complementary and integrative health treatments reviewed by the Commission. ‘‘(3) CHAIRMAN.—The President shall designate a member of the Commission to be the Chairman. ‘‘(4) PERIOD OF APPOINTMENT.—Members of the Com- mission shall be appointed for the life of the Commis- sion. ‘‘(5) VACANCY.—A vacancy in the Commission shall be filled in the manner in which the original appoint- ment was made. ‘‘(6) APPOINTMENT DEADLINE.—The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the en- actment of this Act [July 22, 2016]. ‘‘(d) POWERS OF COMMISSION.— ‘‘(1) MEETINGS.— ‘‘(A) INITIAL MEETING.—The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commis- sion. ‘‘(B) MEETING.—The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simulta- neously. ‘‘(2) HEARINGS.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commis- sion considers advisable to carry out the responsibil- ities of the Commission. ‘‘(3) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any depart- ment or agency of the Federal Government such in- formation as the Commission considers necessary to carry out the duties of the Commission. ‘‘(4) INFORMATION FROM NONGOVERNMENTAL ORGANI- ZATIONS.—In carrying out its duties, the Commission may seek guidance through consultation with foun- dations, veteran service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organiza- tions as the Commission determines appropriate. ‘‘(5) COMMISSION RECORDS.—The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comp- troller General of the United States may audit and examine such record. ‘‘(6) PERSONNEL RECORDS.—The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comp- troller General of the United States may audit and examine such records. ‘‘(7) COMPENSATION OF MEMBERS; TRAVEL EX- PENSES.—Each member shall serve without pay but shall receive travel expenses to perform the duties of the Commission, including per diem in lieu of sub- stances [sic], at rates authorized under subchapter I of chapter 57 of title 5, United States Code. ‘‘(8) STAFF.—The Chairman, in accordance with rules agreed upon the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without re- gard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and sub- chapter III of chapter 53 of such title relating to clas- sification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘(9) PERSONNEL AS FEDERAL EMPLOYEES.— ‘‘(A) IN GENERAL.—The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for pur- pose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. ‘‘(B) MEMBERS OF THE COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission. ‘‘(10) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in appro- priations Acts, enter into contracts to enable the Commission to discharge the duties of the Commis- sion under this Act. ‘‘(11) EXPERT AND CONSULTANT SERVICE.—The Com- mission may procure the services of experts and con- sultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘(12) POSTAL SERVICE.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agen- cies of the United States. ‘‘(13) PHYSICAL FACILITIES AND EQUIPMENT.—Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administra- tive services may include human resource manage- ment, budget, leasing accounting, and payroll serv- ices. ‘‘(e) REPORT.— ‘‘(1) INTERIM REPORTS.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under paragraph (2), the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and the President a report detailing the level of coopera- tion the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Fed- eral Government) has provided to the Commission. ‘‘(B) OTHER REPORTS.—In carrying out its duties, at times that the Commission determines appro- priate, the Commission shall submit to the Com- mittees on Veterans’ Affairs of the House of Rep- resentatives and the Senate and any other appro- priate entities an interim report with respect to the findings identified by the Commission. ‘‘(2) FINAL REPORT.—Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committee on Veterans’ Affairs Page 294 TITLE 38—VETERANS’ BENEFITS § 1701 of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: ‘‘(A) Recommendations to implement in a fea- sible, timely, and cost-efficient manner the solu- tions and remedies identified within the findings of the Commission pursuant to subsection (b). ‘‘(B) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. ‘‘(C) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to subsection (b)(2). ‘‘(D) An examination of complementary and inte- grative health treatments described in subsection (b)(3) and the potential benefits of incorporating such treatments in the therapy models used by the Secretary for treating veterans with mental health issues. ‘‘(3) PLAN.—Not later than 90 days after the date on which the Commission submits the final report under paragraph (2), the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the following: ‘‘(A) An action plan for implementing the rec- ommendations established by the Commission on such solutions and remedies for improving wellness- based outcomes for veterans with mental health care issues. ‘‘(B) A feasible timeframe on when the com- plementary and integrative health treatments de- scribed in subsection (b)(3) can be implemented De- partment-wide. ‘‘(C) With respect to each recommendation estab- lished by the Commission, including any com- plementary and integrative health treatment, that the Secretary determines is not appropriate or fea- sible to implement, a justification for such deter- mination and an alternative solution to improve the efficacy of the therapy models used by the Sec- retary for treating veterans with mental health issues. ‘‘(f) TERMINATION OF COMMISSION.—The Commission shall terminate 30 days after the Commission submits the final report under subsection (e)(2). ‘‘SEC. 932. EXPANSION OF RESEARCH AND EDU- CATION ON AND DELIVERY OF COMPLEMEN- TARY AND INTEGRATIVE HEALTH TO VET- ERANS. ‘‘(a) DEVELOPMENT OF PLAN TO EXPAND RESEARCH, EDUCATION, AND DELIVERY.—Not later than 180 days after the date of the enactment of this Act [July 22, 2016], the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of the effectiveness of research and education on, and delivery and integration of, complementary and inte- grative health services into the health care services provided to veterans. ‘‘(b) ELEMENTS.—The plan required by subsection (a) shall provide for the following: ‘‘(1) Research on the following: ‘‘(A) The effectiveness of various complementary and integrative health services, including the effec- tiveness of such services integrated with clinical services. ‘‘(B) Approaches to integrating complementary and integrative health services into other health care services provided by the Department of Vet- erans Affairs. ‘‘(2) Education and training for health care profes- sionals of the Department on the following: ‘‘(A) Complementary and integrative health serv- ices selected by the Secretary for purposes of the plan. ‘‘(B) Appropriate uses of such services. ‘‘(C) Integration of such services into the delivery of health care to veterans. ‘‘(3) Research, education, and clinical activities on complementary and integrative health at centers of innovation at medical centers of the Department. ‘‘(4) Identification or development of metrics and outcome measures to evaluate the effectiveness of the provision and integration of complementary and integrative health services into the delivery of health care to veterans. ‘‘(5) Integration and delivery of complementary and integrative health services with other health care services provided by the Department. ‘‘(c) CONSULTATION.— ‘‘(1) IN GENERAL.—In carrying out subsection (a), the Secretary shall consult with the following: ‘‘(A) The Director of the National Center for Com- plementary and Integrative Health of the National Institutes of Health. ‘‘(B) The Commissioner of Food and Drugs. ‘‘(C) Institutions of higher education, private re- search institutes, and individual researchers with extensive experience in complementary and inte- grative health and the integration of complemen- tary and integrative health practices into the deliv- ery of health care. ‘‘(D) Nationally recognized providers of com- plementary and integrative health. ‘‘(E) Such other officials, entities, and individuals with expertise on complementary and integrative health as the Secretary considers appropriate. ‘‘(2) SCOPE OF CONSULTATION.—The Secretary shall undertake consultation under paragraph (1) in car- rying out subsection (a) with respect to the following: ‘‘(A) To develop the plan. ‘‘(B) To identify specific complementary and inte- grative health practices that, on the basis of re- search findings or promising clinical interventions, are appropriate to include as services to veterans. ‘‘(C) To identify barriers to the effective provi- sion and integration of complementary and integra- tive health services into the delivery of health care to veterans, and to identify mechanisms for over- coming such barriers. ‘‘SEC. 933. PILOT PROGRAM ON INTEGRATION OF COMPLEMENTARY AND INTEGRATIVE HEALTH AND RELATED ISSUES FOR VETERANS AND FAMILY MEMBERS OF VETERANS. ‘‘(a) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date on which the Secretary of Veterans Affairs re- ceives the final report under section 931(e)(2), the Secretary shall commence a pilot program to assess the feasibility and advisability of using complemen- tary and integrative health and wellness-based pro- grams (as defined by the Secretary) to complement the provision of pain management and related health care services, including mental health care services, to veterans. ‘‘(2) MATTERS ADDRESSED.—In carrying out the pilot program, the Secretary shall assess the following: ‘‘(A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of pain management and related health care services to veterans. ‘‘(B) Means of enhancing outreach, and coordina- tion of outreach, by and among providers of health care referred to in subparagraph (A) on the pain management and related health care services avail- able to veterans. ‘‘(C) Means of using complementary and integra- tive health and wellness-based programs of pro- viders of health care referred to in subparagraph (A) as complements to the provision by the Depart- ment of Veterans Affairs of pain management and related health care services to veterans. ‘‘(D) Whether complementary and integrative health and wellness-based programs described in subparagraph (C)— Page 295 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(i) are effective in enhancing the quality of life and well-being of veterans; ‘‘(ii) are effective in increasing the adherence of veterans to the primary pain management and re- lated health care services provided such veterans by the Department; ‘‘(iii) have an effect on the sense of well-being of veterans who receive primary pain manage- ment and related health care services from the Department; and ‘‘(iv) are effective in encouraging veterans re- ceiving health care from the Department to adopt a more healthy lifestyle. ‘‘(b) DURATION.—The Secretary shall carry out the pilot program under subsection (a)(1) for a period of three years. ‘‘(c) LOCATIONS.— ‘‘(1) FACILITIES.—The Secretary shall carry out the pilot program under subsection (a)(1) at facilities of the Department providing pain management and re- lated health care services, including mental health care services, to veterans. In selecting such facilities to carry out the pilot program, the Secretary shall select not fewer than 15 geographically diverse med- ical centers of the Department, of which not fewer than two shall be polytrauma rehabilitation centers of the Department. ‘‘(2) MEDICAL CENTERS WITH PRESCRIPTION RATES OF OPIOIDS THAT CONFLICT WITH CARE STANDARDS.—In se- lecting the medical centers under paragraph (1), the Secretary shall give priority to medical centers of the Department at which there is a prescription rate of opioids that conflicts with or is otherwise incon- sistent with the standards of appropriate and safe care. ‘‘(d) PROVISION OF SERVICES.—Under the pilot pro- gram under subsection (a)(1), the Secretary shall pro- vide covered services to covered veterans by inte- grating complementary and integrative health services with other services provided by the Department at the medical centers selected under subsection (c). ‘‘(e) COVERED VETERANS.—For purposes of the pilot program under subsection (a)(1), a covered veteran is any veteran who— ‘‘(1) has a mental health condition diagnosed by a clinician of the Department; ‘‘(2) experiences chronic pain; ‘‘(3) has a chronic condition being treated by a cli- nician of the Department; or ‘‘(4) is not described in paragraph (1), (2), or (3) and requests to participate in the pilot program or is re- ferred by a clinician of the Department who is treat- ing the veteran. ‘‘(f) COVERED SERVICES.— ‘‘(1) IN GENERAL.—For purposes of the pilot pro- gram, covered services are services consisting of com- plementary and integrative health services as se- lected by the Secretary. ‘‘(2) ADMINISTRATION OF SERVICES.—Covered services shall be administered under the pilot program as fol- lows: ‘‘(A) Covered services shall be administered by professionals or other instructors with appropriate training and expertise in complementary and inte- grative health services who are employees of the Department or with whom the Department enters into an agreement to provide such services. ‘‘(B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Pro- gram Office, in coordination with the Office of Pa- tient Centered Care and Cultural Transformation. ‘‘(C) Covered services shall be made available to— ‘‘(i) covered veterans who have received conven- tional treatments from the Department for the conditions for which the covered veteran seeks complementary and integrative health services under the pilot program; and ‘‘(ii) covered veterans who have not received conventional treatments from the Department for such conditions. ‘‘(g) REPORTS.— ‘‘(1) IN GENERAL.—Not later than 30 months after the date on which the Secretary commences the pilot program under subsection (a)(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 pilot pro- gram. ‘‘(2) ELEMENTS.—The report under paragraph (1) shall include the following: ‘‘(A) The findings and conclusions of the Sec- retary with respect to the pilot program under sub- section (a)(1), including with respect to— ‘‘(i) the use and efficacy of the complementary and integrative health services established under the pilot program; ‘‘(ii) the outreach conducted by the Secretary to inform veterans and community organizations about the pilot program; and ‘‘(iii) an assessment of the benefit of the pilot program to covered veterans in mental health di- agnoses, pain management, and treatment of chronic illness. ‘‘(B) Identification of any unresolved barriers that impede the ability of the Secretary to incor- porate complementary and integrative health serv- ices with other health care services provided by the Department. ‘‘(C) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. ‘‘SUBTITLE D—FITNESS OF HEALTH CARE PROVIDERS ‘‘SEC. 941. ADDITIONAL REQUIREMENTS FOR HIR- ING OF HEALTH CARE PROVIDERS BY DEPART- MENT OF VETERANS AFFAIRS. ‘‘As part of the hiring process for each health care provider considered for a position at the Department of Veterans Affairs after the date of the enactment of the [this] Act [July 22, 2016], the Secretary of Veterans Af- fairs shall require from the medical board of each State in which the health care provider has or had a medical license— ‘‘(1) information on any violation of the require- ments of the medical license of the health care pro- vider during the 20-year period preceding the consid- eration of the health care provider by the Depart- ment; and ‘‘(2) information on whether the health care pro- vider has entered into any settlement agreement for a disciplinary charge relating to the practice of medi- cine by the health care provider. ‘‘SEC. 942. PROVISION OF INFORMATION ON HEALTH CARE PROVIDERS OF DEPARTMENT OF VETERANS AFFAIRS TO STATE MEDICAL BOARDS. ‘‘Notwithstanding section 552a of title 5, United States Code, with respect to each health care provider of the Department of Veterans Affairs who has violated a requirement of the medical license of the health care provider, the Secretary of Veterans Affairs shall pro- vide to the medical board of each State in which the health care provider is licensed detailed information with respect to such violation, regardless of whether such board has formally requested such information. ‘‘SEC. 943. REPORT ON COMPLIANCE BY DEPART- MENT OF VETERANS AFFAIRS WITH REVIEWS OF HEALTH CARE PROVIDERS LEAVING THE DEPARTMENT OR TRANSFERRING TO OTHER FACILITIES. ‘‘Not later than 180 days after the date of the enact- ment of this Act [July 22, 2016], the Secretary of Vet- erans Affairs shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a report on the compliance by the Department of Veterans Af- fairs with the policy of the Department— ‘‘(1) to conduct a review of each health care pro- vider of the Department who transfers to another Page 296 TITLE 38—VETERANS’ BENEFITS § 1701 medical facility of the Department, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations re- lating to the medical practice of the health care pro- vider; and ‘‘(2) to take appropriate action with respect to any such concern, complaint, or allegation. ‘‘SUBTITLE E—OTHER MATTERS ‘‘SEC. 951. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.’’ [Amended section 705 of Pub. L. 113–146, set out as a note under section 703 of this title.] FUNDING ACCOUNT FOR NON-DEPARTMENT CARE Pub. L. 114–41, title IV, § 4003, July 31, 2015, 129 Stat. 462, provided that: ‘‘Each budget of the President sub- mitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2017 and each fiscal year thereafter shall include an appropriations account for non-Department provider programs (as defined in sec- tion 2(d) [probably means section 4002(d) of Pub. L. 114–41, 129 Stat. 462]) to be comprised of— ‘‘(1) discretionary medical services funding that is designated for hospital care and medical services fur- nished at non-Department facilities; and ‘‘(2) any funds transferred for such purpose from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat. 1802) [set out below].’’ LIMITATION ON DIALYSIS PILOT PROGRAM Pub. L. 114–41, title IV, § 4006, July 31, 2015, 129 Stat. 465, provided that: ‘‘(a) LIMITATION.—None of the funds authorized to be appropriated or otherwise made available to the Sec- retary of Veterans Affairs may be used to expand the dialysis pilot program or to create any new dialysis ca- pability provided by the Department in a facility that is not an initial facility under the dialysis pilot pro- gram until— ‘‘(1) an independent analysis of the dialysis pilot program is conducted for each such initial facility; ‘‘(2) the Secretary submits to the appropriate con- gressional committees the report under subsection (b); and ‘‘(3) a period of 180 days has elapsed following the date on which the Secretary submits such report. ‘‘(b) REPORT.—The Secretary shall submit to the ap- propriate congressional committees a report con- taining the following: ‘‘(1) The independent analysis described in sub- section (a)(1). ‘‘(2) A five-year dialysis investment plan explaining all of the options of the Secretary for delivering di- alysis care to veterans, including how and where such care will be delivered. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Rep- resentatives; and ‘‘(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate. ‘‘(2) The term ‘dialysis pilot program’ means the pilot demonstration program approved by the Under Secretary of Veterans Affairs for Health in August 2010 and by the Secretary of Veterans Affairs in Sep- tember 2010 to provide dialysis care to patients at certain outpatient facilities operated by the Depart- ment of Veterans Affairs. ‘‘(3) The term ‘initial facility’ means one of the four outpatient facilities identified by the Secretary to participate in the dialysis pilot program prior to the date of the enactment of this Act [July 31, 2015].’’ VETERANS ACCESS, CHOICE AND ACCOUNTABILITY IN HEALTH CARE Pub. L. 113–146, § 2, titles I, II, VIII, Aug. 7, 2014, 128 Stat. 1755, 1769, 1801, as amended by Pub. L. 113–175, title IV, § 409(a)–(f), Sept. 26, 2014, 128 Stat. 1906, 1907; Pub. L. 113–235, div. I, title II, § 242, Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114–19, § 3(a), May 22, 2015, 129 Stat. 215; Pub. L. 114–41, title IV, §§ 4004, 4005, July 31, 2015, 129 Stat. 463, 464; Pub. L. 114–131, § 1, Feb. 29, 2016, 130 Stat. 292; Pub. L. 115–26, §§ 1, 2, Apr. 19, 2017, 131 Stat. 129; Pub. L. 115–182, title I, §§ 142, 143, June 6, 2018, 132 Stat. 1429, provided that: ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act [see Tables for classification]: ‘‘(1) The term ‘facility of the Department’ has the meaning given the term ‘facilities of the Department’ in section 1701 of title 38, United States Code. ‘‘(2) The terms ‘hospital care’ and ‘medical services’ have the meanings given such terms in section 1701 of title 38, United States Code. ‘‘TITLE I—IMPROVEMENT OF ACCESS TO CARE FROM NON-DEPARTMENT OF VET- ERANS AFFAIRS PROVIDERS ‘‘SEC. 101. EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. ‘‘(a) EXPANSION OF AVAILABLE CARE AND SERVICES.— ‘‘(1) FURNISHING OF CARE.— ‘‘(A) IN GENERAL.—Hospital care and medical services under chapter 17 of title 38, United States Code, shall be furnished to an eligible veteran de- scribed in subsection (b), at the election of such veteran, through agreements authorized under sub- section (d), or any other law administered by the Secretary of Veterans Affairs, with entities speci- fied in subparagraph (B) for the furnishing of such care and services to veterans. ‘‘(B) ENTITIES SPECIFIED.—The entities specified in this subparagraph are the following: ‘‘(i) Any health care provider that is partici- pating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including any physician furnishing services under such program. ‘‘(ii) Any Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Secu- rity Act (42 U.S.C. 1396d(l)(2)(B))). ‘‘(iii) The Department of Defense. ‘‘(iv) The Indian Health Service. ‘‘(v) Subject to subsection (d)(5), a health care provider not otherwise covered under any of clauses (i) through (iv). ‘‘(2) CHOICE OF PROVIDER.—An eligible veteran who makes an election under subsection (c) to receive hospital care or medical services under this section may select a provider of such care or services from among the entities specified in paragraph (1)(B) that are accessible to the veteran. ‘‘(3) COORDINATION OF CARE AND SERVICES.—The Sec- retary shall coordinate, through the Non-VA Care Co- ordination Program of the Department of Veterans Affairs, the furnishing of care and services under this section to eligible veterans, including by ensuring that an eligible veteran receives an appointment for such care and services within the wait-time goals of the Veterans Health Administration for the fur- nishing of hospital care and medical services. ‘‘(b) ELIGIBLE VETERANS.—A veteran is an eligible veteran for purposes of this section if— ‘‘(1) the veteran is enrolled in the patient enroll- ment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code, including any such veteran who has not received hospital care or medical services from the Department and has contacted the Depart- ment seeking an initial appointment from the De- partment for the receipt of such care or services; and ‘‘(2) the veteran— ‘‘(A) attempts, or has attempted, to schedule an appointment for the receipt of hospital care or Page 297 TITLE 38—VETERANS’ BENEFITS § 1701 medical services under chapter 17 of title 38, United States Code, but is unable to schedule an appoint- ment within— ‘‘(i) the wait-time goals of the Veterans Health Administration for the furnishing of such care or services; or ‘‘(ii) with respect to such care or services that are clinically necessary, the period determined necessary for such care or services if such period is shorter than such wait-time goals; ‘‘(B) resides more than 40 miles (as calculated based on distance traveled) from— ‘‘(i) with respect to a veteran who is seeking primary care, a medical facility of the Depart- ment, including a community-based outpatient clinic, that is able to provide such primary care by a full-time primary care physician; or ‘‘(ii) with respect to a veteran not covered under clause (i), the medical facility of the De- partment, including a community-based out- patient clinic, that is closest to the residence of the veteran; ‘‘(C) resides— ‘‘(i) in a State without a medical facility of the Department that provides— ‘‘(I) hospital care; ‘‘(II) emergency medical services; and ‘‘(III) surgical care rated by the Secretary as having a surgical complexity of standard; and ‘‘(ii) more than 20 miles from a medical facility of the Department described in clause (i); or ‘‘(D)(i) resides in a location, other than a location in Guam, American Samoa, or the Republic of the Philippines, that is 40 miles or less from a medical facility of the Department, including a community- based outpatient clinic; and ‘‘(ii)(I) is required to travel by air, boat, or ferry to reach each medical facility described in clause (i) that is 40 miles or less from the residence of the veteran; or ‘‘(II) faces an unusual or excessive burden in trav- eling to such a medical facility of the Department based on— ‘‘(aa) geographical challenges; ‘‘(bb) environmental factors, such as roads that are not accessible to the general public, traffic, or hazardous weather; ‘‘(cc) a medical condition that impacts the abil- ity to travel; or ‘‘(dd) other factors, as determined by the Sec- retary. ‘‘(c) ELECTION AND AUTHORIZATION.— ‘‘(1) IN GENERAL.—In the case of an eligible veteran described in subsection (b)(2)(A), the Secretary shall, at the election of the eligible veteran— ‘‘(A) provide the veteran an appointment that ex- ceeds the wait-time goals described in such sub- section or place such eligible veteran on an elec- tronic waiting list described in paragraph (2) for an appointment for hospital care or medical services the veteran has elected to receive under this sec- tion; or ‘‘(B)(i) authorize that such care or services be fur- nished to the eligible veteran under this section for a period of time specified by the Secretary; and ‘‘(ii) notify the eligible veteran by the most effec- tive means available, including electronic commu- nication or notification in writing, describing the care or services the eligible veteran is eligible to receive under this section. ‘‘(2) ELECTRONIC WAITING LIST.—The electronic wait- ing list described in this paragraph shall be main- tained by the Department and allow access by each eligible veteran via www.myhealth.va.gov or any suc- cessor website (or other digital channel) for the fol- lowing purposes: ‘‘(A) To determine the place of such eligible vet- eran on the waiting list. ‘‘(B) To determine the average length of time an individual spends on the waiting list, disaggregated by medical facility of the Department and type of care or service needed, for purposes of allowing such eligible veteran to make an informed election under paragraph (1). ‘‘(d) CARE AND SERVICES THROUGH AGREEMENTS.— ‘‘(1) AGREEMENTS.— ‘‘(A) IN GENERAL.—The Secretary shall enter into agreements for furnishing care and services to eli- gible veterans under this section with entities spec- ified in subsection (a)(1)(B). An agreement entered into pursuant to this subparagraph may not be treated as a Federal contract for the acquisition of goods or services and is not subject to any provi- sion of law governing Federal contracts for the ac- quisition of goods or services. Before entering into an agreement pursuant to this subparagraph, the Secretary shall, to the maximum extent prac- ticable and consistent with the requirements of this section, furnish such care and services to such vet- erans under this section with such entities pursu- ant to sharing agreements, existing contracts en- tered into by the Secretary, or other processes available at medical facilities of the Department. ‘‘(B) AGREEMENT DEFINED.—In this paragraph, the term ‘agreement’ includes contracts, intergovern- mental agreements, and provider agreements, as appropriate. ‘‘(2) RATES AND REIMBURSEMENT.— ‘‘(A) IN GENERAL.—In entering into an agreement under paragraph (1) with an entity specified in sub- section (a)(1)(B), the Secretary shall— ‘‘(i) negotiate rates for the furnishing of care and services under this section; and ‘‘(ii) reimburse the entity for such care and services at the rates negotiated pursuant to clause (i) as provided in such agreement. ‘‘(B) LIMIT ON RATES.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in sec- tion 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XVIII of the So- cial Security Act (42 U.S.C. 1395 et seq.) for the same care or services. ‘‘(ii) EXCEPTION.— ‘‘(I) IN GENERAL.—The Secretary may nego- tiate a rate that is more than the rate paid by the United States as described in clause (i) with respect to the furnishing of care or services under this section to an eligible veteran who re- sides in a highly rural area. ‘‘(II) HIGHLY RURAL AREA DEFINED.—In this clause, the term ‘highly rural area’ means an area located in a county that has fewer than seven individuals residing in that county per square mile. ‘‘(III) OTHER EXCEPTIONS.—With respect to fur- nishing care or services under this section in Alaska, the Alaska Fee Schedule of the Depart- ment of Veterans Affairs will be followed, ex- cept for when another payment agreement, in- cluding a contract or provider agreement, is in place. With respect to care or services furnished under this section in a State with an All-Payer Model Agreement under the Social Security Act [42 U.S.C. 301 et seq.] that became effective on January 1, 2014, the Medicare payment rates under clause (i) shall be calculated based on the payment rates under such agreement. ‘‘(C) LIMIT ON COLLECTION.—For the furnishing of care or services pursuant to an agreement under paragraph (1), an entity specified in subsection (a)(1)(B) may not collect any amount that is great- er than the rate negotiated pursuant to subpara- graph (A)(i). ‘‘(3) CERTAIN PROCEDURES.— ‘‘(A) IN GENERAL.—In entering into an agreement under paragraph (1) with an entity described in sub- Page 298 TITLE 38—VETERANS’ BENEFITS § 1701 paragraph (B), the Secretary may use the proce- dures, including those procedures relating to reim- bursement, available for entering into provider agreements under section 1866(a) of the Social Se- curity Act (42 U.S.C. 1395cc(a)) and participation agreements under section 1842(h) of such Act (42 U.S.C. 1395u(h)). During the period in which such entity furnishes care or services pursuant to this section, such entity may not be treated as a Fed- eral contractor or subcontractor by the Office of Federal Contract Compliance Programs of the De- partment of Labor by virtue of furnishing such care or services. ‘‘(B) ENTITIES DESCRIBED.—The entities described in this subparagraph are the following: ‘‘(i) In the case of the Medicare program, any provider of services that has entered into a pro- vider agreement under section 1866(a) of the So- cial Security Act (42 U.S.C. 1395cc(a)) and any physician or other supplier who has entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)); and ‘‘(ii) In the case of the Medicaid program, any provider participating under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.). ‘‘(4) INFORMATION ON POLICIES AND PROCEDURES.— The Secretary shall provide to any entity with which the Secretary has entered into an agreement under paragraph (1) the following: ‘‘(A) Information on applicable policies and proce- dures for submitting bills or claims for authorized care or services furnished to eligible veterans under this section. ‘‘(B) Access to a telephone hotline maintained by the Department that such entity may call for infor- mation on the following: ‘‘(i) Procedures for furnishing care and services under this section. ‘‘(ii) Procedures for submitting bills or claims for authorized care and services furnished to eli- gible veterans under this section and being reim- bursed for furnishing such care and services. ‘‘(iii) Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services. ‘‘(5) AGREEMENTS WITH OTHER PROVIDERS.—In ac- cordance with the rates determined pursuant to para- graph (2), the Secretary may enter into agreements under paragraph (1) for furnishing care and services to eligible veterans under this section with an entity specified in subsection (a)(1)(B)(v) if the entity meets criteria established by the Secretary for purposes of this section. ‘‘(e) RESPONSIBILITY FOR COSTS OF CERTAIN CARE.— ‘‘(1) SUBMITTAL OF INFORMATION ON HEALTH-CARE PLANS.—Before receiving hospital care or medical services under this section, an eligible veteran shall provide to the Secretary information on any health- care plan described in paragraph (2) under which the eligible veteran is covered. ‘‘(2) HEALTH-CARE PLAN.—A health-care plan de- scribed in this paragraph— ‘‘(A) is an insurance policy or contract, medical or hospital service agreement, membership or sub- scription contract, or similar arrangement not ad- ministered by the Secretary of Veterans Affairs, under which health services for individuals are pro- vided or the expenses of such services are paid; and ‘‘(B) does not include any such policy, contract, agreement, or similar arrangement pursuant to title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.[, 1396 et seq.]) or chapter 55 of title 10, United States Code. ‘‘(3) RECOVERY OF COSTS FOR CERTAIN CARE.— ‘‘(A) IN GENERAL.—In any case in which an eligi- ble veteran is furnished hospital care or medical services under this section for a non-service-con- nected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, or for a condition for which recovery is authorized or with respect to which the United States is deemed to be a third party beneficiary under Public Law 87–693, commonly known as the ‘Federal Medical Care Re- covery Act’ (42 U.S.C. 2651 et seq.), the Secretary shall recover or collect from a third party (as de- fined in subsection (i) of such section 1729) reason- able charges for such care or services to the extent that the veteran (or the provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a depart- ment or agency of the United States. ‘‘(B) USE OF AMOUNTS.—Amounts collected by the Secretary under subparagraph (A) shall be depos- ited in the Medical Community Care account of the Department. Amounts so deposited shall remain available until expended. ‘‘(f) VETERANS CHOICE CARD.— ‘‘(1) IN GENERAL.—For purposes of receiving care and services under this section, the Secretary shall, not later than 90 days after the date of the enactment of this Act [Aug. 7, 2014], issue to each veteran de- scribed in subsection (b)(1) a card that may be pre- sented to a health care provider to facilitate the re- ceipt of care or services under this section. ‘‘(2) NAME OF CARD.—Each card issued under para- graph (1) shall be known as a ‘Veterans Choice Card’. ‘‘(3) DETAILS OF CARD.—Each Veterans Choice Card issued to a veteran under paragraph (1) shall include the following: ‘‘(A) The name of the veteran. ‘‘(B) An identification number for the veteran that is not the social security number of the vet- eran. ‘‘(C) The contact information of an appropriate office of the Department for health care providers to confirm that care or services under this section are authorized for the veteran. ‘‘(D) Contact information and other relevant in- formation for the submittal of claims or bills for the furnishing of care or services under this sec- tion. ‘‘(E) The following statement: ‘This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been author- ized.’. ‘‘(4) INFORMATION ON USE OF CARD.—Upon issuing a Veterans Choice Card to a veteran, the Secretary shall provide the veteran with information clearly stating the circumstances under which the veteran may be eligible for care or services under this sec- tion. ‘‘(g) INFORMATION ON AVAILABILITY OF CARE.—The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances: ‘‘(1) When the veteran enrolls in the patient enroll- ment system of the Department under section 1705 of title 38, United States Code. ‘‘(2) When the veteran attempts to schedule an ap- pointment for the receipt of hospital care or medical services from the Department but is unable to sched- ule an appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or services. ‘‘(3) When the veteran becomes eligible for hospital care or medical services under this section under sub- paragraph (B), (C), or (D) of subsection (b)(2). ‘‘(h) FOLLOW-UP CARE.—In carrying out this section, the Secretary shall ensure that, at the election of an eligible veteran who receives hospital care or medical services from a health care provider in an episode of care under this section, the veteran receives such hos- pital care and medical services from such health care provider through the completion of the episode of care, including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such hospital care or medical services. Page 299 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(i) PROVIDERS.—To be eligible to furnish care or services under this section, a health care provider must— ‘‘(1) maintain at least the same or similar creden- tials and licenses as those credentials and licenses that are required of health care providers of the De- partment, as determined by the Secretary for pur- poses of this section; and ‘‘(2) submit, not less frequently than once each year during the period in which the Secretary is author- ized to carry out this section pursuant to subsection (p), verification of such licenses and credentials maintained by such health care provider. ‘‘(j) COST-SHARING.— ‘‘(1) IN GENERAL.—The Secretary shall require an el- igible veteran to pay a copayment for the receipt of care or services under this section only if such eligi- ble veteran would be required to pay a copayment for the receipt of such care or services at a medical facil- ity of the Department or from a health care provider of the Department pursuant to chapter 17 of title 38, United States Code. ‘‘(2) LIMITATION.—The amount of a copayment charged under paragraph (1) may not exceed the amount of the copayment that would be payable by such eligible veteran for the receipt of such care or services at a medical facility of the Department or from a health care provider of the Department pursu- ant to chapter 17 of title 38, United States Code. ‘‘(3) COLLECTION OF COPAYMENT.—A health care pro- vider that furnishes care or services to an eligible veteran under this section shall collect the copay- ment required under paragraph (1) from such eligible veteran at the time of furnishing such care or serv- ices. ‘‘(k) CLAIMS PROCESSING SYSTEM.— ‘‘(1) IN GENERAL.—The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and serv- ices furnished to eligible veterans under this section. ‘‘(2) REGULATIONS.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of such system. ‘‘(3) OVERSIGHT.—The Chief Business Office of the Veterans Health Administration shall oversee the im- plementation and maintenance of such system. ‘‘(4) ACCURACY OF PAYMENT.— ‘‘(A) IN GENERAL.—The Secretary shall ensure that such system meets such goals for accuracy of payment as the Secretary shall specify for purposes of this section. ‘‘(B) QUARTERLY REPORT.— ‘‘(i) IN GENERAL.—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 quarterly report on the accuracy of such system. ‘‘(ii) ELEMENTS.—Each report required by clause (i) shall include the following: ‘‘(I) A description of the goals for accuracy for such system specified by the Secretary under subparagraph (A). ‘‘(II) An assessment of the success of the De- partment in meeting such goals during the quarter covered by the report. ‘‘(iii) DEADLINE.—The Secretary shall submit each report required by clause (i) not later than 20 days after the end of the quarter covered by the report. ‘‘(l) MEDICAL RECORDS.— ‘‘(1) IN GENERAL.—The Secretary shall ensure that any health care provider that furnishes care or serv- ices under this section to an eligible veteran submits to the Department a copy of any medical record re- lated to the care or services provided to such eligible veteran by such health care provider for inclusion in the electronic medical record of such eligible veteran maintained by the Department upon the completion of the provision of such care or services to such eligi- ble veteran. ‘‘(2) ELECTRONIC FORMAT.—Any medical record sub- mitted to the Department under paragraph (1) shall, to the extent possible, be in an electronic format. ‘‘(m) TRACKING OF MISSED APPOINTMENTS.—The Sec- retary shall implement a mechanism to track any missed appointments for care or services under this section by eligible veterans to ensure that the Depart- ment does not pay for such care or services that were not furnished to an eligible veteran. ‘‘(n) IMPLEMENTATION.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the imple- mentation of this section and publish such regulations in the Federal Register. ‘‘(o) INSPECTOR GENERAL REPORT.—Not later than 30 days after the date on which the Secretary determines that 75 percent of the amounts deposited in the Vet- erans Choice Fund established by section 802 have been exhausted, the Inspector General of the Department shall submit to the Secretary a report on the results of an audit of the care and services furnished under this section to ensure the accuracy and timeliness of pay- ments by the Department for the cost of such care and services, including any findings and recommendations of the Inspector General. ‘‘(p) AUTHORITY TO FURNISH CARE AND SERVICES.—The Secretary may not use the authority under this section to furnish care and services after the date that is 1 year after the date of the enactment of the Caring for Our Veterans Act of 2018 [June 6, 2018]. ‘‘(q) REPORTS.— ‘‘(1) INITIAL REPORT.—Not later than 90 days after the publication of the interim final regulations under subsection (n), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report on the furnishing of care and services under this section that includes the fol- lowing: ‘‘(A) The number of eligible veterans who have re- ceived care or services under this section. ‘‘(B) A description of the types of care and serv- ices furnished to eligible veterans under this sec- tion. ‘‘(2) FINAL REPORT.—Not later than 30 days after the date on which the Secretary determines that 75 per- cent of the amounts deposited in the Veterans Choice Fund established by section 802 have been exhausted, the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: ‘‘(A) The total number of eligible veterans who have received care or services under this section, disaggregated by— ‘‘(i) eligible veterans described in subsection (b)(2)(A); ‘‘(ii) eligible veterans described in subsection (b)(2)(B); ‘‘(iii) eligible veterans described in subsection (b)(2)(C); and ‘‘(iv) eligible veterans described in subsection (b)(2)(D). ‘‘(B) A description of the types of care and serv- ices furnished to eligible veterans under this sec- tion. ‘‘(C) An accounting of the total cost of furnishing care and services to eligible veterans under this section. ‘‘(D) The results of a survey of eligible veterans who have received care or services under this sec- tion on the satisfaction of such eligible veterans with the care or services received by such eligible veterans under this section. ‘‘(E) An assessment of the effect of furnishing care and services under this section on wait times for appointments for the receipt of hospital care and medical services from the Department. ‘‘(F) An assessment of the feasibility and advis- ability of continuing furnishing care and services Page 300 TITLE 38—VETERANS’ BENEFITS § 1701 under this section after the termination date speci- fied in subsection (p). ‘‘(r) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to alter the process of the Depart- ment for filling and paying for prescription medica- tions. ‘‘(s) WAIT-TIME GOALS OF THE VETERANS HEALTH AD- MINISTRATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), in this section, the term ‘wait-time goals of the Veterans Health Administration’ means not more than 30 days from the date on which a veteran re- quests an appointment for hospital care or medical services from the Department. ‘‘(2) ALTERNATE GOALS.—If the Secretary submits to Congress, not later than 60 days after the date of the enactment of this Act, a report stating that the ac- tual wait-time goals of the Veterans Health Adminis- tration are different from the wait-time goals speci- fied in paragraph (1)— ‘‘(A) for purposes of this section, the wait-time goals of the Veterans Health Administration shall be the wait-time goals submitted by the Secretary under this paragraph; and ‘‘(B) the Secretary shall publish such wait-time goals in the Federal Register and on an Internet website of the Department available to the public. ‘‘(t) WAIVER OF CERTAIN PRINTING REQUIREMENTS.— Section 501 of title 44, United States Code, shall not apply in carrying out this section. ‘‘SEC. 102. ENHANCEMENT OF COLLABORATION BE- TWEEN DEPARTMENT OF VETERANS AFFAIRS AND INDIAN HEALTH SERVICE. ‘‘(a) OUTREACH TO TRIBAL-RUN MEDICAL FACILITIES.— The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or com- pact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.] to raise awareness of the ability of such facilities, Indian tribes, and tribal organizations to enter into agreements with the Department of Veterans Affairs under which the Secretary reimburses such facilities, Indian tribes, or tribal organizations, as the case may be, for health care provided to veterans who are— ‘‘(1) eligible for health care at such facilities; and ‘‘(2)(A) enrolled in the patient enrollment system of the Department established and operated under sec- tion 1705 of title 38, United States Code; or ‘‘(B) eligible for hospital care and medical services pursuant to subsection (c)(2) of such section. ‘‘(b) PERFORMANCE METRICS FOR MEMORANDUM OF UN- DERSTANDING.—The Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly establish and implement performance metrics for as- sessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memo- randum of understanding entitled ‘Memorandum of Un- derstanding between the Department of Veterans Af- fairs (VA) and the Indian Health Service (IHS)’ in in- creasing access to health care, improving quality and coordination of health care, promoting effective pa- tient-centered collaboration and partnerships between the Department and the Service, and ensuring health- promotion and disease-prevention services are appro- priately funded and available for beneficiaries under both health care systems. ‘‘(c) REPORT.—Not later than 180 days after the date of the enactment of this Act [Aug. 7, 2014], the Sec- retary of Veterans Affairs and the Director of the In- dian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the fol- lowing: ‘‘(1) Entering into agreements for the reimburse- ment by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts en- tered into under section 503 of the Indian Health Care Improvement Act (25 U.S.C. 1653) to veterans who are otherwise eligible to receive health care from such organizations. ‘‘(2) Including the reimbursement of the costs of di- rect care services provided to veterans who are not Indians in agreements between the Department and the following: ‘‘(A) The Indian Health Service. ‘‘(B) An Indian tribe or tribal organization oper- ating a medical facility through a contract or com- pact with the Indian Health Service under the In- dian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.]. ‘‘(C) A medical facility of the Indian Health Serv- ice. ‘‘(3) Entering into an agreement between the De- partment and the Indian Health Service described in paragraph (2)(A) with respect to the effect of such agreement on the priority access of any Indian to health care services provided through the Indian Health Service, the eligibility of any Indian to re- ceive health services through the Indian Health Serv- ice, and the quality of health care services provided to any Indian through the Indian Health Service. ‘‘SEC. 103. ENHANCEMENT OF COLLABORATION BE- TWEEN DEPARTMENT OF VETERANS AFFAIRS AND NATIVE HAWAIIAN HEALTH CARE SYS- TEMS. ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers ap- propriate, enter into contracts or agreements with Na- tive Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Serv- ices pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705(a)) for the reim- bursement of direct care services provided to eligible veterans as specified in such contracts or agreements. ‘‘(b) DEFINITIONS.—In this section, the terms ‘Native Hawaiian’, ‘Native Hawaiian health care system’, and ‘Papa Ola Lokahi’ have the meanings given those terms in section 12 of the Native Hawaiian Health Care Im- provement Act (42 U.S.C. 11711). ‘‘SEC. 104. REAUTHORIZATION AND MODIFICATION OF PILOT PROGRAM OF ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF VETERANS. [Amended section 403 of Pub. L. 110—387, set out as a note under section 1703 of this title.] ‘‘SEC. 105. PROMPT PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) SENSE OF CONGRESS ON PROMPT PAYMENT BY DE- PARTMENT.—It is the sense of Congress that the Sec- retary of Veterans Affairs shall comply with part 1315 of title 5, Code of Federal Regulations (commonly known as the ‘prompt payment rule’), or any cor- responding similar regulation or ruling, in paying for health care pursuant to contracts entered into with non-Department of Veterans Affairs providers to pro- vide health care under the laws administered by the Secretary. ‘‘(b) ESTABLISHMENT OF CLAIMS PROCESSING SYSTEM.— ‘‘(1) CLAIMS PROCESSING SYSTEM.—The Secretary of Veterans Affairs shall establish and implement a sys- tem to process and pay claims for payment for hos- pital care, medical services, and other health care furnished by non-Department of Veterans Affairs health care providers under the laws administered by the Secretary. ‘‘(2) COMPLIANCE WITH PROMPT PAYMENT ACT.—The system established and implemented under paragraph (1) shall comply with all requirements of chapter 39 of title 31, United States Code (commonly referred to as the ‘Prompt Payment Act’). Page 301 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act [Aug. 7, 2014], the Comp- troller General of the United States shall submit to Congress a report on the timeliness of payments by the Secretary for hospital care, medical services, and other health care furnished by non-Department of Veterans Affairs health care providers under the laws adminis- tered by the Secretary. ‘‘(d) ELEMENTS.—The report required by subsection (c) shall include the following: ‘‘(1) The results of a survey of non-Department health care providers who have submitted claims to the Department for hospital care, medical services, or other health care furnished to veterans for which payment is authorized under the laws administered by the Secretary during the one-year period pre- ceding the submittal of the report, which survey shall include the following: ‘‘(A) The amount of time it took for such health care providers, after submitting such claims, to re- ceive payment from the Department for such care or services. ‘‘(B) A comparison of the amount of time under subparagraph (A) and the amount of time it takes such health care providers to receive payments from the United States for similar care or services provided to the following, if applicable: ‘‘(i) Beneficiaries under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ‘‘(ii) Covered beneficiaries under the TRICARE program under chapter 55 of title 10, United States Code. ‘‘(2) Such recommendations for legislative or ad- ministrative action as the Comptroller General con- siders appropriate. ‘‘(e) SURVEY ELEMENTS.—In carrying out the survey, the Comptroller General shall seek responses from non- Department health care providers in a manner that en- sures that the survey reflects the responses of such pro- viders that— ‘‘(1) are located in different geographic areas; ‘‘(2) furnish a variety of different hospital care, medical services, and other health care; and ‘‘(3) furnish such care and services in a variety of different types of medical facilities. ‘‘SEC. 106. TRANSFER OF AUTHORITY FOR PAY- MENTS FOR HOSPITAL CARE, MEDICAL SERV- ICES, AND OTHER HEALTH CARE FROM NON- DEPARTMENT OF VETERANS AFFAIRS PRO- VIDERS TO THE CHIEF BUSINESS OFFICE OF THE VETERANS HEALTH ADMINISTRATION. ‘‘(a) TRANSFER OF AUTHORITY.— ‘‘(1) IN GENERAL.—Effective as of October 1, 2014, the Secretary of Veterans Affairs shall transfer the au- thority to pay for hospital care, medical services, and other health care furnished through non-Department of Veterans Affairs providers from— ‘‘(A) the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs, to ‘‘(B) the Chief Business Office of the Veterans Health Administration of the Department of Vet- erans Affairs. ‘‘(2) MANNER OF CARE.—The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department to ensure that care and services described in paragraph (1) are provided in a manner that is clinically appro- priate and in the best interest of the veterans receiv- ing such care and services. ‘‘(3) NO DELAY IN PAYMENT.—The transfer of author- ity under paragraph (1) shall be carried out in a man- ner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care furnished through a non-Depart- ment provider under the laws administered by the Secretary. ‘‘(b) BUDGET MATTERS.—The budget of the Depart- ment of Veterans Affairs for any fiscal year beginning after the date of the enactment of this Act [Aug. 7, 2014] (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) shall specify funds for the payment for hospital care, medical serv- ices, and other health care furnished through non-De- partment of Veterans Affairs providers, including any administrative costs associated with such payment, as funds for the Chief Business Office of the Veterans Health Administration rather than as funds for the Veterans Integrated Service Networks or medical cen- ters of the Department. ‘‘TITLE II—HEALTH CARE ADMINISTRATIVE MATTERS ‘‘SEC. 201. INDEPENDENT ASSESSMENT OF THE HEALTH CARE DELIVERY SYSTEMS AND MAN- AGEMENT PROCESSES OF THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) INDEPENDENT ASSESSMENT.— ‘‘(1) ASSESSMENT.—Not later than 90 days after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall enter into one or more contracts with a private sector entity or enti- ties described in subsection (b) to conduct an inde- pendent assessment of the hospital care, medical services, and other health care furnished in medical facilities of the Department. Such assessment shall address each of the following: ‘‘(A) Current and projected demographics and unique health care needs of the patient population served by the Department. ‘‘(B) Current and projected health care capabili- ties and resources of the Department, including hospital care, medical services, and other health care furnished by non-Department facilities under contract with the Department, to provide timely and accessible care to veterans. ‘‘(C) The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at non-De- partment facilities, including whether the Sec- retary should have the authority to furnish such care and services at such facilities through the completion of episodes of care. ‘‘(D) The appropriate system-wide access standard applicable to hospital care, medical services, and other health care furnished by and through the De- partment, including an identification of appro- priate access standards for each individual spe- cialty and post-care rehabilitation. ‘‘(E) The workflow process at each medical facil- ity of the Department for scheduling appointments for veterans to receive hospital care, medical serv- ices, or other health care from the Department. ‘‘(F) The organization, workflow processes, and tools used by the Department to support clinical staffing, access to care, effective length-of-stay management and care transitions, positive patient experience, accurate documentation, and subse- quent coding of inpatient services. ‘‘(G) The staffing level at each medical facility of the Department and the productivity of each health care provider at such medical facility, compared with health care industry performance metrics, which may include an assessment of any of the fol- lowing: ‘‘(i) The case load of, and number of patients treated by, each health care provider at such medical facility during an average week. ‘‘(ii) The time spent by such health care pro- vider on matters other than the case load of such health care provider, including time spent by such health care provider as follows: ‘‘(I) At a medical facility that is affiliated with the Department. ‘‘(II) Conducting research. ‘‘(III) Training or supervising other health care professionals of the Department. ‘‘(H) The information technology strategies of the Department with respect to furnishing and man- Page 302 TITLE 38—VETERANS’ BENEFITS § 1701 aging health care, including an identification of any weaknesses and opportunities with respect to the technology used by the Department, especially those strategies with respect to clinical docu- mentation of episodes of hospital care, medical services, and other health care, including any clin- ical images and associated textual reports, fur- nished by the Department in Department or non- Department facilities. ‘‘(I) Business processes of the Veterans Health Administration, including processes relating to fur- nishing non-Department health care, insurance identification, third-party revenue collection, and vendor reimbursement, including an identification of mechanisms as follows: ‘‘(i) To avoid the payment of penalties to ven- dors. ‘‘(ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the De- partment for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate. ‘‘(iii) To increase the collection of any other amounts owed to the Department with respect to hospital care, medical services, and other health care and to ensure that such amounts collected are accurate. ‘‘(iv) To increase the accuracy and timeliness of Department payments to vendors and providers. ‘‘(J) The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care related services by the Department, including the following: ‘‘(i) The prices paid for, standardization of, and use by the Department of the following: ‘‘(I) Pharmaceuticals. ‘‘(II) Medical and surgical supplies. ‘‘(III) Medical devices. ‘‘(ii) The use by the Department of group pur- chasing arrangements to purchase pharma- ceuticals, medical and surgical supplies, medical devices, and health care related services. ‘‘(iii) The strategy and systems used by the De- partment to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care related services to Veterans Integrated Serv- ice Networks and medical facilities of the Depart- ment. ‘‘(K) The process of the Department for carrying out construction and maintenance projects at med- ical facilities of the Department and the medical facility leasing program of the Department. ‘‘(L) The competency of leadership with respect to culture, accountability, reform readiness, leader- ship development, physician alignment, employee engagement, succession planning, and performance management. ‘‘(2) PARTICULAR ELEMENTS OF CERTAIN ASSESS- MENTS.— ‘‘(A) SCHEDULING ASSESSMENT.—In carrying out the assessment required by paragraph (1)(E), the private sector entity or entities shall do the fol- lowing: ‘‘(i) Review all training materials pertaining to scheduling of appointments at each medical facil- ity of the Department. ‘‘(ii) Assess whether all employees of the De- partment conducting tasks related to scheduling are properly trained for conducting such tasks. ‘‘(iii) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. ‘‘(iv) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. ‘‘(v) Assess whether the establishment of a cen- tralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. ‘‘(vi) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such ap- pointments. ‘‘(vii) Assess any interim technology changes or attempts by Department to internally develop a long-term scheduling solutions with respect to the feasibility and cost effectiveness of such in- ternally developed solutions compared to com- mercially available solutions. ‘‘(viii) Recommend actions, if any, to be taken by the Department to improve the process for scheduling such appointments, including the fol- lowing: ‘‘(I) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such ap- pointments. ‘‘(II) Changes in monitoring and assessment conducted by the Department of wait times of veterans for such appointments. ‘‘(III) Changes in the system used to schedule such appointments, including changes to im- prove how the Department— ‘‘(aa) measures wait times of veterans for such appointments; ‘‘(bb) monitors the availability of health care providers of the Department; and ‘‘(cc) provides veterans the ability to sched- ule such appointments. ‘‘(IV) Such other actions as the private sector entity or entities considers appropriate. ‘‘(B) MEDICAL CONSTRUCTION AND MAINTENANCE PROJECT AND LEASING PROGRAM ASSESSMENT.—In carrying out the assessment required by paragraph (1)(K), the private sector entity or entities shall do the following: ‘‘(i) Review the process of the Department for identifying and designing proposals for construc- tion and maintenance projects at medical facili- ties of the Department and leases for medical fa- cilities of the Department. ‘‘(ii) Assess the process through which the De- partment determines the following: ‘‘(I) That a construction or maintenance project or lease is necessary with respect to a medical facility or proposed medical facility of the Department. ‘‘(II) The proper size of such medical facility or proposed medical facility with respect to treating veterans in the catchment area of such medical facility or proposed medical facility. ‘‘(iii) Assess the management processes of the Department with respect to the capital manage- ment programs of the Department, including processes relating to the methodology for con- struction and design of medical facilities of the Department, the management of projects relating to the construction and design of such facilities, and the activation of such facilities. ‘‘(iv) Assess the medical facility leasing pro- gram of the Department. ‘‘(3) TIMING.—The private sector entity or entities carrying out the assessment required by paragraph (1) shall complete such assessment not later than 240 days after entering into the contract described in such paragraph. ‘‘(b) PRIVATE SECTOR ENTITIES DESCRIBED.—A private entity described in this subsection is a private entity that— ‘‘(1) has experience and proven outcomes in opti- mizing the performance of the health care delivery systems of the Veterans Health Administration and the private sector and in health care management; and ‘‘(2) specializes in implementing large-scale organi- zational and cultural transformations, especially with respect to health care delivery systems. Page 303 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(c) PROGRAM INTEGRATOR.— ‘‘(1) IN GENERAL.—If the Secretary enters into con- tracts with more than one private sector entity under subsection (a), the Secretary shall designate one such entity that is predominately a health care organiza- tion as the program integrator. ‘‘(2) RESPONSIBILITIES.—The program integrator designated pursuant to paragraph (1) shall be respon- sible for coordinating the outcomes of the assess- ments conducted by the private entities pursuant to such contracts. ‘‘(d) REPORT ON ASSESSMENT.— ‘‘(1) IN GENERAL.—Not later than 60 days after com- pleting the assessment required by subsection (a), the private sector entity or entities carrying out such as- sessment shall submit to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Commission on Care established under section 202 a report on the findings and recommendations of the private sector entity or entities with respect to such assessment. ‘‘(2) PUBLICATION.—Not later than 30 days after re- ceiving the report under paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department of Veterans Affairs that is accessible to the public. ‘‘(e) NON-DEPARTMENT FACILITIES DEFINED.—In this section, the term ‘non-Department facilities’ has the meaning given that term in section 1701 of title 38, United States Code. ‘‘SEC. 202. COMMISSION ON CARE. ‘‘(a) ESTABLISHMENT OF COMMISSION.— ‘‘(1) IN GENERAL.—There is established a commis- sion, to be known as the ‘Commission on Care’ (in this section referred to as the ‘Commission’), to ex- amine the access of veterans to health care from the Department of Veterans Affairs and strategically ex- amine how best to organize the Veterans Health Ad- ministration, locate health care resources, and de- liver health care to veterans during the 20-year pe- riod beginning on the date of the enactment of this Act [Aug. 7, 2014]. ‘‘(2) MEMBERSHIP.— ‘‘(A) VOTING MEMBERS.—The Commission shall be composed of 15 voting members who are appointed as follows: ‘‘(i) Three members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. ‘‘(ii) Three members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. ‘‘(iii) Three members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. ‘‘(iv) Three members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. ‘‘(v) Three members appointed by the President, at least two of whom shall be veterans. ‘‘(B) QUALIFICATIONS.—Of the members appointed under subparagraph (A)— ‘‘(i) at least one member shall represent an or- ganization recognized by the Secretary of Vet- erans Affairs for the representation of veterans under section 5902 of title 38, United States Code; ‘‘(ii) at least one member shall have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000; ‘‘(iii) at least one member shall be familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))); ‘‘(iv) at least one member shall be familiar with the Veterans Health Administration but shall not be currently employed by the Veterans Health Administration; and ‘‘(v) at least one member shall be familiar with medical facility construction and leasing projects carried out by government entities and have ex- perience in the building trades, including con- struction, engineering, and architecture. ‘‘(C) DATE.—The appointments of members of the Commission shall be made not later than 1 year after the date of the enactment of this Act. ‘‘(3) PERIOD OF APPOINTMENT.— ‘‘(A) In GENERAL.—Members shall be appointed for the life of the Commission. ‘‘(B) VACANCIES.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. ‘‘(4) INITIAL MEETING.—Not later than 15 days after the date on which eight voting members of the Com- mission have been appointed, the Commission shall hold its first meeting. ‘‘(5) MEETINGS.—The Commission shall meet at the call of the Chairperson. ‘‘(6) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. ‘‘(7) CHAIRPERSON AND VICE CHAIRPERSON.—The President shall designate a member of the commis- sion to serve as Chairperson of the Commission. The Commission shall select a Vice Chairperson from among its members. ‘‘(b) DUTIES OF COMMISSION.— ‘‘(1) EVALUATION AND ASSESSMENT.—The Commis- sion shall undertake a comprehensive evaluation and assessment of access to health care at the Depart- ment of Veterans Affairs. ‘‘(2) MATTERS EVALUATED AND ASSESSED.—In under- taking the comprehensive evaluation and assessment required by paragraph (1), the Commission shall evaluate and assess the results of the assessment con- ducted by the private sector entity or entities under section 201, including any findings, data, or rec- ommendations included in such assessment. ‘‘(3) REPORTS.—The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: ‘‘(A) Not later than 90 days after the date of the initial meeting of the Commission, an interim re- port on— ‘‘(i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and ‘‘(ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Vet- erans Health Administration. ‘‘(B) Not later than June 30, 2016, a final report on— ‘‘(i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and ‘‘(ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Vet- erans Health Administration. ‘‘(c) POWERS OF THE COMMISSION.— ‘‘(1) HEARINGS.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this sec- tion. ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal agency such information as the Commission con- siders necessary to carry out this section. Upon re- quest of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. ‘‘(d) COMMISSION PERSONNEL MATTERS.— ‘‘(1) COMPENSATION OF MEMBERS.— ‘‘(A) IN GENERAL.—Each member of the Commis- sion who is not an officer or employee of the Fed- Page 304 TITLE 38—VETERANS’ BENEFITS § 1701 eral Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ‘‘(B) OFFICERS OR EMPLOYEES OF THE UNITED STATES.—All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that re- ceived for their services as officers or employees of the United States. ‘‘(2) TRAVEL EXPENSES.—The members of the Com- mission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chap- ter 57 of title 5, United States Code, while away from their homes or regular places of business in the per- formance of services for the Commission. ‘‘(3) STAFF.— ‘‘(A) IN GENERAL.—The Chairperson of the Com- mission may, without regard to the civil service laws and regulations, appoint and terminate an ex- ecutive director and such other additional per- sonnel as may be necessary to enable the Commis- sion to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. ‘‘(B) COMPENSATION.—The Chairperson of the Commission may fix the compensation of the exec- utive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classifica- tion of positions and General Schedule pay rates, except that the rate of pay for the executive direc- tor and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed- eral Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ‘‘(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equiva- lent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ‘‘(e) TERMINATION OF THE COMMISSION.—The Commis- sion shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B). ‘‘(f) FUNDING.—The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Sec- retary such amounts as the Secretary and the Chair- person of the Commission jointly consider appropriate for the Commission to perform its duties under this section. ‘‘(g) EXECUTIVE ACTION.— ‘‘(1) ACTION ON RECOMMENDATIONS.—The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— ‘‘(A) considers feasible and advisable; and ‘‘(B) determines can be implemented without fur- ther legislative action. ‘‘(2) REPORTS.—Not later than 60 days after the date on which the President receives a report under sub- section (b)(3), the President shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives and such other committees of Congress as the President considers appropriate a report set- ting forth the following: ‘‘(A) An assessment of the feasibility and advis- ability of each recommendation contained in the report received by the President. ‘‘(B) For each recommendation assessed as fea- sible and advisable under subparagraph (A) the fol- lowing: ‘‘(i) Whether such recommendation requires leg- islative action. ‘‘(ii) If such recommendation requires legisla- tive action, a recommendation concerning such legislative action. ‘‘(iii) A description of any administrative ac- tion already taken to carry out such rec- ommendation. ‘‘(iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. ‘‘SEC. 203. TECHNOLOGY TASK FORCE ON REVIEW OF SCHEDULING SYSTEM AND SOFTWARE OF THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) TASK FORCE REVIEW.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall, through the use of a technology task force, conduct a review of the needs of the Department of Veterans Affairs with respect to the scheduling sys- tem and scheduling software of the Department of Veterans Affairs that is used by the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the De- partment. ‘‘(2) AGREEMENT.— ‘‘(A) IN GENERAL.—The Secretary shall seek to enter into an agreement with a technology organi- zation or technology organizations to carry out the review required by paragraph (1). ‘‘(B) PROHIBITION ON USE OF FUNDS.—Notwith- standing any other provision of law, no Federal funds may be used to assist the technology organi- zation or technology organizations under subpara- graph (A) in carrying out the review required by paragraph (1). ‘‘(b) REPORT.— ‘‘(1) IN GENERAL.—Not later than 45 days after the date of the enactment of this Act [Aug. 7, 2014], the technology task force required under subsection (a)(1) shall submit to the Secretary, the Committee on Vet- erans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the findings and recommenda- tions of the technology task force regarding the needs of the Department with respect to the sched- uling system and scheduling software of the Depart- ment described in such subsection. ‘‘(2) ELEMENTS.—The report required by paragraph (1) shall include the following: ‘‘(A) Proposals for specific actions to be taken by the Department to improve the scheduling system and scheduling software of the Department de- scribed in subsection (a)(1). ‘‘(B) A determination as to whether one or more existing off-the-shelf systems would— ‘‘(i) meet the needs of the Department to sched- ule appointments for veterans for hospital care, medical services, and other health care from the Department; and ‘‘(ii) improve the access of veterans to such care and services. ‘‘(3) PUBLICATION.—Not later than 30 days after the receipt of the report required by paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Depart- ment accessible to the public. ‘‘(c) IMPLEMENTATION OF TASK FORCE RECOMMENDA- TIONS.—Not later than 1 year after the receipt of the re- port required by subsection (b)(1), the Secretary shall implement the recommendations set forth in such re- port that the Secretary considers are feasible, advis- able, and cost effective. Page 305 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘SEC. 204. IMPROVEMENT OF ACCESS OF VET- ERANS TO MOBILE VET CENTERS AND MOBILE MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(a) IMPROVEMENT OF ACCESS.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care and readjustment counseling services through the use of mobile vet centers and mobile medical centers of the Department of Vet- erans Affairs by providing standardized requirements for the operation of such centers. ‘‘(2) REQUIREMENTS.—The standardized require- ments required by paragraph (1) shall include the fol- lowing: ‘‘(A) The number of days each mobile vet center and mobile medical center of the Department is ex- pected to travel per year. ‘‘(B) The number of locations and events each center is expected to visit per year. ‘‘(C) The number of appointments and outreach contacts each center is expected to conduct per year. ‘‘(D) The method and timing of notifications given by each center to individuals in the area to which the center is traveling, including notifica- tions informing veterans of the availability to schedule appointments at the center. ‘‘(3) USE OF TELEMEDICINE.—The Secretary shall en- sure that each mobile vet center and mobile medical center of the Department has the capability to pro- vide telemedicine services. ‘‘(b) REPORTS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Aug. 7, 2014], and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report on access to health care through the use of mobile vet centers and mobile medical centers of the Department that includes sta- tistics on each of the requirements set forth in sub- section (a)(2) for the year covered by the report. ‘‘(2) ELEMENTS.—Each report required by paragraph (1) shall include the following: ‘‘(A) A description of the use of mobile vet cen- ters and mobile medical centers to provide tele- medicine services and readjustment counseling to veterans during the year preceding the submittal of the report, including the following: ‘‘(i) The number of days each mobile vet center and mobile medical center was open to provide such services. ‘‘(ii) The number of days each center traveled to a location other than the headquarters of the cen- ter to provide such services. ‘‘(iii) The number of appointments and outreach contacts each center conducted to provide such services on average per month and in total during such year. ‘‘(B) An analysis of the effectiveness of using mo- bile vet centers and mobile medical centers to pro- vide health care services and readjustment coun- seling to veterans through the use of telemedicine. ‘‘(C) Any recommendations for an increase in the number of mobile vet centers and mobile medical centers of the Department. ‘‘(D) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center and mobile medical center. ‘‘(E) The feasibility and advisability of using tem- porary health care providers, including locum tenens, to provide direct health care services to veterans at mobile medical centers. ‘‘(F) Such other recommendations on improve- ment of the use of mobile vet centers and mobile medical centers by the Department as the Sec- retary considers appropriate. ‘‘SEC. 205. IMPROVED PERFORMANCE METRICS FOR HEALTH CARE PROVIDED BY DEPART- MENT OF VETERANS AFFAIRS. ‘‘(a) PROHIBITION ON USE OF SCHEDULING AND WAIT- TIME METRICS IN DETERMINATION OF PERFORMANCE AWARDS.—The Secretary of Veterans Affairs shall en- sure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees: ‘‘(1) Directors, associate directors, assistant direc- tors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department of Vet- erans Affairs. ‘‘(2) Directors, assistant directors, and quality man- agement officers of Veterans Integrated Service Net- works of the Department of Veterans Affairs. ‘‘(b) MODIFICATION OF PERFORMANCE PLANS.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Aug. 7, 2014], the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such direc- tors. ‘‘(2) FACTORS.—In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director de- scribed in paragraph (1) includes consideration of the following: ‘‘(A) Recent reviews by the Joint Commission (formerly known as the ‘Joint Commission on Ac- creditation of Healthcare Organizations’) of such facilities. ‘‘(B) The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through the Combined Assessment Program, in the reviews by the Inspector General of community-based out- patient clinics and primary care clinics, and in re- views conducted through the Office of Healthcare Inspections during the two most recently com- pleted fiscal years. ‘‘(C) The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities. ‘‘(D) Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities. ‘‘(E) The number and outcomes of administrative investigation boards, root cause analyses, and peer reviews conducted at such facilities during the fis- cal year for which the assessment is being con- ducted. ‘‘(F) The effectiveness of any remedial actions or plans resulting from any Inspector General rec- ommendations in the reviews and analyses de- scribed in subparagraphs (A) through (E). ‘‘(3) ADDITIONAL LEADERSHIP POSITIONS.—To the de- gree practicable, the Secretary shall assess the per- formance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, includ- ing assistant directors and quality management offi- cers, using factors and criteria similar to those used in the performance plans modified under paragraph (1). ‘‘(c) REMOVAL OF CERTAIN PERFORMANCE GOALS.—For each fiscal year that begins after the date of the enact- ment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Inte- grated Service Network or medical center of the De- partment any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. Page 306 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘SEC. 206. IMPROVED TRANSPARENCY CON- CERNING HEALTH CARE PROVIDED BY DE- PARTMENT OF VETERANS AFFAIRS. ‘‘(a) PUBLICATION OF WAIT TIMES.—Not later than 90 days after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall publish in the Federal Register, and on a publicly accessible Internet website of each medical center of the Depart- ment of Veterans Affairs, the wait-times for the sched- uling of an appointment in each Department facility by a veteran for the receipt of primary care, specialty care, and hospital care and medical services based on the general severity of the condition of the veteran. Whenever the wait-times for the scheduling of such an appointment changes, the Secretary shall publish the revised wait-times— ‘‘(1) on a publicly accessible Internet website of each medical center of the Department by not later than 30 days after such change; and ‘‘(2) in the Federal Register by not later than 90 days after such change. ‘‘(b) PUBLICLY AVAILABLE DATABASE OF PATIENT SAFETY, QUALITY OF CARE, AND OUTCOME MEASURES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a com- prehensive, machine-readable data set containing all applicable patient safety, quality of care, and out- come measures for health care provided by the De- partment that are tracked by the Secretary. ‘‘(2) UPDATE FREQUENCY.—The Secretary shall up- date the data required by paragraph (1) not less fre- quently than once each year. ‘‘(3) UNAVAILABLE MEASURES.—For all measures that the Secretary would otherwise publish in the data required by paragraph (1) but has not done so be- cause such measures are not available, the Secretary shall publish notice of the reason for such unavail- ability and a timeline for making such measures available in the data. ‘‘(4) ACCESSIBILITY.—The Secretary shall ensure that the data required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center. ‘‘(c) HOSPITAL COMPARE WEBSITE OF DEPARTMENT OF HEALTH AND HUMAN SERVICES.— ‘‘(1) AGREEMENT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary of Veterans Affairs shall enter into an agree- ment with the Secretary of Health and Human Serv- ices for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and out- come information concerning Department of Vet- erans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website. ‘‘(2) INFORMATION PROVIDED.—The information pro- vided by the Secretary of Veterans Affairs to the Sec- retary of Health and Human Services under para- graph (1) shall include the following: ‘‘(A) Measures of timely and effective health care. ‘‘(B) Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical com- plication measures, and health care related infec- tion measures. ‘‘(C) Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services. ‘‘(D) Any other measures required of or reported with respect to hospitals participating in the Medi- care program under title XVIII of the Social Secu- rity Act (42 U.S.C. 1395 et seq.). ‘‘(3) UNAVAILABLE INFORMATION.—For any applicable metric collected by the Department of Veterans Af- fairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website or any successor Internet website, the Secretary of Veterans Affairs shall pub- lish a notice on such Internet website stating the rea- son why such metric was withheld from public disclo- sure and a timeline for making such metric available, if applicable. ‘‘(d) COMPTROLLER GENERAL REVIEW OF PUBLICLY AVAILABLE SAFETY AND QUALITY METRICS.—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section. ‘‘SEC. 207. INFORMATION FOR VETERANS ON THE CREDENTIALS OF DEPARTMENT OF VETERANS AFFAIRS PHYSICIANS. ‘‘(a) IMPROVEMENT OF ‘OUR DOCTORS’ INTERNET WEBSITE LINKS.— ‘‘(1) AVAILABILITY THROUGH DEPARTMENT OF VET- ERANS AFFAIRS HOMEPAGE.—A link to the ‘Our Doc- tors’ health care providers database of the Depart- ment of Veterans Affairs, or any successor data set, shall be available on and through the homepage of the Internet website of the Department that is acces- sible to the public. ‘‘(2) INFORMATION ON LOCATION OF RESIDENCY TRAIN- ING.—The Internet website of the Department that is accessible to the public shall include under the link to the ‘Our Doctors’ health care providers database of the Department, or any successor data set, the name of the facility at which each licensed physician of the Department underwent residency training. ‘‘(3) INFORMATION ON PHYSICIANS AT PARTICULAR FA- CILITIES.—The ‘Our Doctors’ health care providers database of the Department, or any successor data set, shall identify whether each licensed physician of the Department is a physician in residency. ‘‘(b) INFORMATION ON CREDENTIALS OF PHYSICIANS FOR VETERANS UNDERGOING SURGICAL PROCEDURES.— ‘‘(1) IN GENERAL.—Each veteran who is undergoing a surgical procedure by or through the Department shall be provided information described in paragraph (2) with respect to the surgeon to be performing such procedure at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information. ‘‘(2) INFORMATION DESCRIBED.—The information de- scribed in this paragraph with respect to a surgeon described in paragraph (1) is as follows: ‘‘(A) The education and training of the surgeon. ‘‘(B) The licensure, registration, and certification of the surgeon by the State or national entity re- sponsible for such licensure, registration, or certifi- cation. ‘‘(3) OTHER INDIVIDUALS.—If a veteran is unable to evaluate the information provided under paragraph (1) due to the health or mental competence of the vet- eran, such information shall be provided to an indi- vidual acting on behalf of the veteran. ‘‘(c) COMPTROLLER GENERAL REPORT AND PLAN.— ‘‘(1) REPORT.—Not later than 2 years after the date of the enactment of this Act [Aug. 7, 2014], the Comp- troller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth an assessment by the Comptroller General of the following: ‘‘(A) The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative. ‘‘(B) The oversight by the Department of the con- tracts under the Patient-Centered Community Care initiative. Page 307 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(C) The verification by the Department of the credentials and licenses of health care providers furnishing hospital care and medical services under section 101. ‘‘(2) PLAN.— ‘‘(A) IN GENERAL.—Not later than 30 days after the submittal of the report under paragraph (1), the Secretary shall submit to the Comptroller General, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a plan to address any findings and recommendations of the Comptroller General included in such report. ‘‘(B) IMPLEMENTATION.—Not later than 90 days after the submittal of the report under paragraph (1), the Secretary shall carry out such plan. ‘‘SEC. 208. INFORMATION IN ANNUAL BUDGET OF THE PRESIDENT ON HOSPITAL CARE AND MED- ICAL SERVICES FURNISHED THROUGH EX- PANDED USE OF CONTRACTS FOR SUCH CARE. ‘‘The materials on the Department of Veterans Af- fairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall set forth the fol- lowing: ‘‘(1) The number of veterans who received hospital care and medical services under section 101 during the fiscal year preceding the fiscal year in which such budget is submitted. ‘‘(2) The amount expended by the Department on furnishing care and services under such section dur- ing the fiscal year preceding the fiscal year in which such budget is submitted. ‘‘(3) The amount requested in such budget for the costs of furnishing care and services under such sec- tion during the fiscal year covered by such budget, set forth in aggregate and by amounts for each ac- count for which amounts are so requested. ‘‘(4) The number of veterans that the Department estimates will receive hospital care and medical serv- ices under such section during the fiscal years cov- ered by the budget submission. ‘‘(5) The number of employees of the Department on paid administrative leave at any point during the fis- cal year preceding the fiscal year in which such budg- et is submitted. ‘‘SEC. 209. PROHIBITION ON FALSIFICATION OF DATA CONCERNING WAIT TIMES AND QUALITY MEASURES AT DEPARTMENT OF VETERANS AFFAIRS. ‘‘Not later than 60 days after the date of the enact- ment of this Act [Aug. 7, 2014], and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly re- quires another employee of the Department to submit false data concerning such wait times or quality meas- ures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination. ‘‘TITLE VIII—OTHER MATTERS ‘‘SEC. 801. APPROPRIATION OF AMOUNTS. ‘‘(a) IN GENERAL.—There is authorized to be appro- priated, and is appropriated, to the Secretary of Vet- erans Affairs, out of any funds in the Treasury not oth- erwise appropriated $5,000,000,000 to carry out sub- section (b). Such funds shall be available for obligation or expenditure without fiscal year limitation. ‘‘(b) USE OF AMOUNTS.—The amount appropriated under subsection (a) shall be used by the Secretary as follows: ‘‘(1) To increase the access of veterans to care as follows: ‘‘(A) To hire primary care and specialty care phy- sicians for employment in the Department of Vet- erans Affairs. ‘‘(B) To hire other medical staff, including the following: ‘‘(i) Physicians. ‘‘(ii) Nurses. ‘‘(iii) Social workers. ‘‘(iv) Mental health professionals. ‘‘(v) Other health care professionals as the Sec- retary considers appropriate. ‘‘(C) To carry out sections 301 [enacting section 7412 of this title, amending sections 7302 and 7612 of this title, and enacting provisions set out as notes under sections 7302 and 7412 of this title] and 302 [amending sections 7619 and 7683 of this title], in- cluding the amendments made by such sections. ‘‘(D) To pay for expenses, equipment, and other costs associated with the hiring of primary care, specialty care physicians, and other medical staff under subparagraphs (A), (B), and (C). ‘‘(2) To improve the physical infrastructure of the Department as follows: ‘‘(A) To maintain and operate hospitals, nursing homes, domiciliary facilities, and other facilities of the Veterans Health Administration. ‘‘(B) To enter into contracts or hire temporary employees to repair, alter, or improve facilities under the jurisdiction of the Department that are not otherwise provided for under this paragraph. ‘‘(C) To carry out leases for facilities of the De- partment. ‘‘(D) To carry out minor construction projects of the Department. ‘‘(c) AVAILABILITY.—The amount appropriated under subsection (a) shall remain available until expended. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall submit to the ap- propriate committees of Congress a report on how the Secretary has obligated the amounts appropriated under subsection (a) as of the date of the submittal of the report. ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Rep- resentatives. ‘‘(e) FUNDING PLAN.—The Secretary shall submit to Congress a funding plan describing how the Secretary intends to use the amounts provided under subsection (a). ‘‘SEC. 802. VETERANS CHOICE FUND. ‘‘(a) IN GENERAL.—There is established in the Treas- ury of the United States a fund to be known as the Vet- erans Choice Fund. ‘‘(b) ADMINISTRATION OF FUND.—The Secretary of Vet- erans Affairs shall administer the Veterans Choice Fund established by subsection (a). ‘‘(c) USE OF AMOUNTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraphs (3) and (4), any amounts deposited in the Veteran Choice Fund shall be used by the Secretary of Vet- erans Affairs to carry out section 101, including, sub- ject to paragraph (2), any administrative require- ments of such section. ‘‘(2) AMOUNT FOR ADMINISTRATIVE REQUIREMENTS.— ‘‘(A) LIMITATION.—Except as provided by subpara- graph (B), of the amounts deposited in the Veterans Choice Fund, not more than $300,000,000 may be used for administrative requirements to carry out section 101. ‘‘(B) INCREASE.—The Secretary may increase the amount set forth in subparagraph (A) with respect to the amounts used for administrative require- ments if— Page 308 TITLE 38—VETERANS’ BENEFITS § 1701 ‘‘(i) the Secretary determines that the amount of such increase is necessary to carry out section 101; ‘‘(ii) the Secretary submits to the Committees on Veterans’ Affairs and Appropriations of the House of Representatives and the Committees on Veterans’ Affairs and Appropriations of the Sen- ate a report described in subparagraph (C); and ‘‘(iii) a period of 60 days has elapsed following the date on which the Secretary submits the re- port under clause (ii). ‘‘(C) REPORT.—A report described in this subpara- graph is a report that contains the following: ‘‘(i) A notification of the amount of the increase that the Secretary determines necessary under subparagraph (B)(i). ‘‘(ii) The justifications for such increased amount. ‘‘(iii) The administrative requirements that the Secretary will carry out using such increased amount. ‘‘(3) TEMPORARY AUTHORITY FOR OTHER USES.— ‘‘(A) OTHER NON-DEPARTMENT CARE.—In addition to the use of amounts described in paragraph (1), of the amounts deposited in the Veterans Choice Fund, not more than $3,348,500,000 may be used by the Secretary during the period described in sub- paragraph (C) for amounts obligated by the Sec- retary on or after May 1, 2015, to furnish health care to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facili- ties, including pursuant to non-Department pro- vider programs other than the program established by section 101. ‘‘(B) HEPATITIS C.—Of the amount specified in sub- paragraph (A), not more than $500,000,000 may be used by the Secretary during the period described in subparagraph (C) for pharmaceutical expenses re- lating to the treatment of Hepatitis C. ‘‘(C) PERIOD DESCRIBED.—The period described in this subparagraph is the period beginning on the date of the enactment of the VA Budget and Choice Improvement Act [July 31, 2015] and ending on Oc- tober 1, 2015. ‘‘(D) REPORTS.—Not later than 14 days after the date of the enactment of the VA Budget and Choice Improvement Act, and not less frequently than once every 14-day period thereafter during the pe- riod described in subparagraph (C), the Secretary shall submit to the appropriate congressional com- mittees a report detailing— ‘‘(i) the amounts used by the Secretary pursu- ant to subparagraphs (A) and (B); and ‘‘(ii) an identification of such amounts listed by the non-Department provider program for which the amounts were used. ‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) The term ‘appropriate congressional com- mittees’ means— ‘‘(I) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives; and ‘‘(II) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate. ‘‘(ii) The term ‘non-Department facilities’ has the meaning given that term in section 1701 of title 38, United States Code. ‘‘(iii) The term ‘non-Department provider pro- gram’ has the meaning given that term in section 4002(d) of the VA Budget and Choice Improvement Act [Pub. L. 114–41, 129 Stat. 462]. ‘‘(4) PERMANENT AUTHORITY FOR OTHER USES.—Be- ginning on March 1, 2019, amounts remaining in the Veterans Choice Fund may be used to furnish hos- pital care, medical services, and extended care serv- ices to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, in- cluding pursuant to non-Department provider pro- grams other than the program established by section 101. Such amounts shall be available in addition to amounts available in other appropriations accounts for such purposes. ‘‘(d) APPROPRIATION AND DEPOSIT OF AMOUNTS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated, and is appropriated, to the Secretary of Vet- erans Affairs, out of any funds in the Treasury not otherwise appropriated $10,000,000,000 to be deposited in the Veterans Choice Fund established by sub- section (a). Such funds shall be available for obliga- tion or expenditure without fiscal year limitation, and only for the program created under section 101 (or for hospital care and medical services pursuant to paragraphs (3) and (4) of subsection (c) of this sec- tion). ‘‘(2) AVAILABILITY.—The amount appropriated under paragraph (1) shall remain available until expended. ‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that the Veterans Choice Fund is a supplement to but distinct from the Department of Veterans Affairs’ cur- rent and expected level of non-Department care cur- rently part of Department’s medical care budget. Con- gress expects that the Department will maintain at least its existing obligations of non-Department care programs in addition to but distinct from the Veterans Choice Fund for each of fiscal years 2015 through 2017. ‘‘SEC. 803. EMERGENCY DESIGNATIONS. ‘‘(a) IN GENERAL.—This Act [see Tables for classifica- tion] is designated as an emergency requirement pursu- ant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). ‘‘(b) DESIGNATION IN SENATE.—In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.’’ [Pub. L. 114–19, § 3(b), May 22, 2015, 129 Stat. 216, pro- vided that: ‘‘The amendments made by subsection (a) [amending section 101(b)(2) of Pub. L. 113–146, set out above] shall take effect on the date of the enactment of this Act [May 22, 2015] and apply with respect to care or services provided on or after such date.’’] LOCATION OF SERVICES Pub. L. 110–387, title III, § 301(b), Oct. 10, 2008, 122 Stat. 4120, provided that: ‘‘Paragraph (5) of section 1701 of title 38, United States Code, shall not be construed to prevent the Secretary of Veterans Affairs from pro- viding services described in subparagraph (B) of such paragraph to individuals described in such subpara- graph in centers under section 1712A of such title (com- monly referred to as ‘Vet Centers’), Department of Vet- erans Affairs medical centers, community-based out- patient clinics, or in such other facilities of the Depart- ment of Veterans Affairs as the Secretary considers necessary.’’ GUIDELINES RELATING TO FURNISHING OF SENSORI- NEURAL AIDS Pub. L. 104–262, title I, § 103(b), Oct. 9, 1996, 110 Stat. 3182, provided that: ‘‘Not later than 30 days after the date of the enactment of this Act [Oct. 9, 1996], the Sec- retary of Veterans Affairs shall prescribe the guidelines required by the amendments made by subsection (a) [amending this section] and shall furnish a copy of those guidelines to the Committees on Veterans’ Af- fairs of the Senate and House of Representatives.’’ STUDY OF FEASIBILITY AND ADVISABILITY OF ALTER- NATIVE ORGANIZATIONAL STRUCTURES FOR EFFECTIVE PROVISION OF HEALTH CARE SERVICES TO VETERANS Pub. L. 103–446, title XI, § 1104, Nov. 2, 1994, 108 Stat. 4682, directed Secretary of Veterans Affairs to submit to Congress, not later than one year after Nov. 2, 1994, report and study on feasibility and advisability of al- ternative organizational structures, such as the estab- lishment of a wholly-owned Government corporation or a Government-sponsored enterprise, for the effective provision of health care services to veterans. Page 309 TITLE 38—VETERANS’ BENEFITS § 1703 CONTRACT HEALTH CARE; RATIFICATION OF ACTION OF ADMINISTRATOR OF VETERANS’ AFFAIRS Pub. L. 98–528, title I, § 103(b), Oct. 19, 1984, 98 Stat. 2688, ratified actions by Administrator of Veterans’ Af- fairs in entering into contracts applicable to the period beginning Oct. 1, 1984, and ending Oct. 19, 1984, for care described in par. (4)(C)(v) of this section and in making waivers described in that provision. ADMINISTRATION CAPABILITY TO PROVIDE APPROPRIATE CARE FOR GENDER-SPECIFIC DISABILITIES OF WOMEN VETERANS Pub. L. 98–160, title III, § 302, Nov. 21, 1983, 97 Stat. 1004, as amended by Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §§ 5(c)(2), 6(f), Aug. 6, 1991, 105 Stat. 406, 407, provided that: ‘‘The Sec- retary of Veterans Affairs shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available ei- ther by individuals appointed to positions in the Vet- erans Health Administration or under contracts or other agreements made under section 4117 [see 7409], 8111, or 8153 of title 38, United States Code, to provide appropriate care, in a timely fashion, for any gender- specific disability (as defined in section 1701(1) of such title) of a woman veteran eligible for such care under chapter 17 or chapter 31 of such title.’’ ANNUAL REPORT TO CONGRESS COVERING CONTRACT- CARE PROGRAMS Pub. L. 96–22, title II, § 201(b), June 13, 1979, 93 Stat. 54, which directed Chief Medical Director of the Vet- erans’ Administration to report to appropriate commit- tees of Congress, not later than Feb. 1, 1980, and annu- ally thereafter, on implementation of former par. (4)(C)(v) of this section and amendments made to this section by section 201 of Pub. L. 96–22, and on numbers of veterans provided contract treatment (and average cost and duration thereof) in each State in certain enu- merated categories, was repealed by Pub. L. 100–322, title I, § 112(b), May 20, 1988, 102 Stat. 499. HOSPITAL CARE AND MEDICAL SERVICES FURNISHED BY VETERANS’ ADMINISTRATION IN PUERTO RICO AND VIRGIN ISLANDS; REPORT TO PRESIDENT AND CON- GRESS Pub. L. 95–520, § 8, Oct. 26, 1978, 92 Stat. 1822, as amended by Pub. L. 96–330, title IV, § 407, Aug. 26, 1980, 94 Stat. 1053, directed Administrator of Veterans’ Af- fairs, not later than Feb. 1, 1981, to submit a report to President and Congress on furnishing by Administra- tion of hospital care and medical services in Puerto Rico and Virgin Islands, and set forth applicable cri- teria and considerations for the report. § 1702. Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War (a) PSYCHOSIS.—For the purposes of this chap- ter, any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed an active psychosis (1) with- in two years after discharge or release from the active military, naval, or air service, and (2) be- fore July 26, 1949, in the case of a veteran of World War II, before February 1, 1957, in the case of a veteran of the Korean conflict, before May 8, 1977, in the case of a Vietnam era veteran, or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War, shall be deemed to have incurred such disability in the active military, naval, or air service. (b) MENTAL ILLNESS.—For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have in- curred such disability in the active military, naval, or air service if such veteran develops such disability— (1) within two years after discharge or re- lease from the active military, naval, or air service; and (2) before the end of the two-year period be- ginning on the last day of the Persian Gulf War. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 602; Pub. L. 90–77, title II, § 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L. 97–295, § 4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102–25, title III, § 334(b), Apr. 6, 1991, 105 Stat. 88; renumbered § 1702, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–181, div. A, title XVII, § 1708(a)(1), (2), Jan. 28, 2008, 122 Stat. 493, 494.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, § 1708(a)(2), substituted ‘‘Pre- sumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War’’ for ‘‘Presumption relating to psychosis’’ in section catchline. Subsecs. (a), (b). Pub. L. 110–181, § 1708(a)(1), des- ignated existing text as subsec. (a), inserted heading, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 602 of this title as this section. Pub. L. 102–25 substituted ‘‘the Vietnam era, or the Persian Gulf War’’ for ‘‘or the Vietnam era’’, struck out ‘‘or’’ before ‘‘before May 8, 1977’’, and inserted ‘‘or be- fore the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a vet- eran of the Persian Gulf War,’’ after ‘‘Vietnam era vet- erans,’’. 1986—Pub. L. 99–576 struck out ‘‘his’’ before ‘‘dis- charge’’. 1982—Pub. L. 97–295 substituted ‘‘before February 1, 1957, in the case of a veteran of the Korean conflict, or before May 8, 1977,’’ for ‘‘or February 1, 1957, in the case of a veteran of the Korean conflict, or before the expi- ration of two years following termination of the Viet- nam era’’. 1967—Pub. L. 90–77 made the presumption relating to psychosis applicable to any veteran of the Vietnam era who developed an active psychosis within two years after his discharge from active service and before the expiration of two years following termination of the Vietnam era. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. § 1703. Veterans Community Care Program (a) IN GENERAL.—(1) There is established a pro- gram to furnish hospital care, medical services, and extended care services to covered veterans through health care providers specified in sub- section (c). (2) The Secretary shall coordinate the fur- nishing of hospital care, medical services, and extended care services under this section to cov- ered veterans, including coordination of, at a minimum, the following: