38 U.S.C. § 7319 — Mammography quality standards

Page 1181 TITLE 38—VETERANS’ BENEFITS § 7320 § 1202(e)(2), Nov. 2, 1994, 108 Stat. 4689, provided that: ‘‘In order to establish the National Center for Preventive Health pursuant to section 7318 of title 38, United States Code, as added by subsection (a), the Under Sec- retary for Health of the Department of Veterans Affairs shall solicit proposals from Department health care fa- cilities to establish the center. The Under Secretary for Health shall establish such center at the facility or fa- cilities which the Under Secretary for Health deter- mines, on the basis of a review and analysis of such proposals, would most effectively carry out the pur- poses set forth in subsection (b) of such section.’’ § 7319. Mammography quality standards (a) A mammogram may not be performed at a Department facility unless that facility is ac- credited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for ac- crediting bodies established under subsection (e) of section 354 of the Public Health Service Act (42 U.S.C. 263b). (b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and inter- pretation of mammograms and use of mammo- gram equipment and facilities of the Depart- ment of Veterans Affairs consistent with the re- quirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. (c)(1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Depart- ment health care facilities for the performance of mammograms. Such inspections shall be car- ried out in a manner consistent with the inspec- tion of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. (2) The Secretary may not provide for an in- spection under paragraph (1) to be performed by a State agency. (d) The Secretary shall ensure that mammo- grams performed for the Department under con- tract with any non-Department facility or pro- vider conform to the quality standards pre- scribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. (e) For the purposes of this section, the term ‘‘mammogram’’ has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act. (Added Pub. L. 104–262, title III, § 321(a)(1), Oct. 9, 1996, 110 Stat. 3195.) Editorial Notes REFERENCES IN TEXT Section 354 of the Public Health Service Act, referred to in text, is section 354 of act July 1, 1944, ch. 373, which is classified to section 263b of Title 42, The Pub- lic Health and Welfare. Statutory Notes and Related Subsidiaries DEADLINE FOR PRESCRIBING STANDARDS Pub. L. 104–262, title III, § 321(b), Oct. 9, 1996, 110 Stat. 3195, required the Secretary of Veterans Affairs to pre- scribe standards under subsection (b) of this section not later than the end of the 120-day period beginning on Oct. 9, 1996. IMPLEMENTATION REPORT Pub. L. 104–262, title III, § 321(c), Oct. 9, 1996, 110 Stat. 3195, required the Secretary to submit to Congress a re- port on the Secretary’s implementation of this section not later than 120 days after Oct. 9, 1996. § 7320. Centers for mental illness research, edu- cation, and clinical activities (a) The purpose of this section is to provide for the improvement of the provision of health-care services and related counseling services to eligi- ble veterans suffering from mental illness (espe- cially mental illness related to service-related conditions) through— (1) the conduct of research (including re- search on improving mental health service fa- cilities of the Department and on improving the delivery of mental health services by the Department); (2) the education and training of health care personnel of the Department; and (3) the development of improved models and systems for the furnishing of mental health services by the Department. (b)(1) The Secretary shall establish and oper- ate centers for mental illness research, edu- cation, and clinical activities. Such centers shall be established and operated by collabo- rating Department facilities as provided in sub- section (c)(1). Each such center shall function as a center for— (A) research on mental health services; (B) the use by the Department of specific models for furnishing services to treat serious mental illness; (C) education and training of health-care professionals of the Department; and (D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such serv- ices by the Department. (2) The Secretary shall, upon the recommenda- tion of the Under Secretary for Health, des- ignate the centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in var- ious geographic regions of the United States. The Secretary may designate a center under this section only if— (A) the proposal submitted for the designa- tion of the center meets the requirements of subsection (c); (B) the Secretary makes the finding de- scribed in subsection (d); and (C) the peer review panel established under subsection (e) makes the determination speci- fied in subsection (e)(3) with respect to that proposal. (3) Not more than five centers may be des- ignated under this section. (4) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose.