Editorial Notes
CodificationThe text of section 1762 of this title, which was transferred to the end of this section, redesignated as par. (9), and amended by Puspan. L. 102–585, was based on Puspan. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Puspan. L. 102–83, §§ 4(span)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.
Prior ProvisionsPrior sections 1700 and 1701 were renumbered sections 3500 and 3501 of this title, respectively.
Amendments2023—Par. (6)(I). Puspan. L. 117–333 added subpar. (I).
2018—Par. (6)(H). Puspan. L. 115–141, § 245(span)(1), added subpar. (H).
Par. (8). Puspan. L. 115–141, § 245(span)(2), inserted “chiropractic,” after “counseling,”.
Par. (9)(F) to (L). Puspan. L. 115–141, § 245(span)(3), added subpar. (F) and redesignated former subpars. (F) to (K) as (G) to (L), respectively.
2016—Par. (9)(F). Puspan. L. 114–315, § 602(a)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “immunizations against infectious disease;”.
Par. (10). Puspan. L. 114–315, § 602(a)(2), added par. (10).
2008—Par. (5)(B). Puspan. L. 110–387, § 301(a)(1), inserted “marriage and family counseling,” after “professional counseling,” and substituted “as the Secretary considers appropriate for” for “as may be essential to”.
Par. (6)(E) to (G). Puspan. L. 110–387, § 801(2), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.
Par. (10). Puspan. 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 ‘medical 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 another provider or payor.”
2003—Par. (8). Puspan. 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). Puspan. L. 108–170, § 106(a), substituted “November 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). Puspan. L. 107–135, § 208(e)(2), substituted “1781(span)” for “1713(span)” in subpars. (B) and (C)(i).
Par. (6). Puspan. L. 107–135, § 208(a)(1)(A), (B), substituted “services, the following:” for “services—” in introductory provisions and struck out concluding provisions which read as follows: “For the purposes of this paragraph, a dependent or survivor of a veteran receiving care under the last sentence of section 1713(span) of this title shall be eligible for the same medical services as a veteran.”
Par. (6)(A). Puspan. L. 107–135, § 208(a)(1)(C), added subpar. (A) and struck out former subpar. (A) which read as follows: “(i) surgical services, dental services and appliances 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) wheelchairs, artificial limbs, trusses, and similar appliances, special clothing made necessary by the wearing of prosthetic appliances, and such other supplies or services as the Secretary determines to be reasonable and necessary, 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 provisions of section 111 of this title; and”.
Par. (6)(B) to (F). Puspan. 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 services” certain necessary consultation, professional counseling, training, and mental health services.
Par. (10)(A). Puspan. L. 107–330, which directed the substitution 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). Puspan. L. 106–117 added par. (10).
1996—Par. (6)(A)(i). Puspan. 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 otherwise 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 necessary,”.
Par. (6)(B)(i)(I). Puspan. L. 104–262, § 101(d)(1)(A), substituted “paragraph (1) or (2) of section 1710(a)” for “section 1712(a)”.
Par. (6)(B)(i)(II). Puspan. L. 104–262, § 101(d)(1)(B), substituted “paragraph (1), (2) or (3) of section 1710(a)” for “section 1712(a)(5)(B)”.
1994—Par. (3). Puspan. L. 103–446 made technical correction to directory language of Puspan. L. 102–83, § 4(a)(2)(E). See 1991 Amendment note below.
1992—Par. (6)(A)(i). Puspan. L. 102–585, § 513(span), substituted “preventive health services,” for “preventive health-care services as defined in section 1762 of this title,”.
Par. (9). Puspan. 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 purposes 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—Puspan. L. 102–83, § 5(a), renumbered section 601 of this title as this section.
Par. (2). Puspan. L. 102–54, § 14(span)(8)(A), struck out “any veteran of the Indian Wars, or” after “includes”.
Par. (3). Puspan. L. 102–83, § 5(c)(1), substituted “1710” for “610” in subpar. (C).
Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in subpars. (A) to (C).
Puspan. L. 102–83, § 4(a)(2)(E), as amended by Puspan. L. 103–446, substituted “facilities of the Department” for “Veterans’ Administration facilities”.
Puspan. L. 102–54, § 14(span)(8)(B), (C), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The term ‘period of war’ includes each of the Indian Wars.”
Par. (4). Puspan. L. 102–83, § 4(a)(5), substituted “non-Department” for “non-Veterans’ Administration”.
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Puspan. L. 102–54, § 14(span)(8)(E), redesignated par. (9) as (4).
Par. (5). Puspan. L. 102–83, § 5(c)(1), substituted “1713(span)” for “613(span)” in subpars. (B) and (C)(i).
Par. (6). Puspan. L. 102–83, § 5(c)(1), in subpar. (A) substituted “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(span)” for “613(span)”, and in last sentence substituted “1713(span)” for “613(span)”.
Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Puspan. L. 102–54, § 14(span)(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). Puspan. L. 102–54, § 14(span)(8)(E), redesignated par. (9) as (4).
1988—Par. (4)(C). Puspan. L. 100–322 added subpar. (C).
1986—Par. (4). Puspan. L. 99–272, § 19012(a)(1), struck out cl. (C) and provision following such clause, both relating to private facilities under contract as Veterans’ Administration facilities.
Par. (6)(A)(i). Puspan. L. 99–272, § 19011(d)(2)(A), substituted “section 612(f)(1)(A)(i)” for “section 612(f)(1)(A)”.
Par. (6)(B). Puspan. L. 99–576 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “such consultation, professional counseling, training, and mental health services as are necessary in connection 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 household such veteran certifies an intention to live, as may be essential to the effective treatment and rehabilitation of the veteran (including, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of such family member or individual in the case of a veteran who is receiving care for a service-connected disability, or in the case of dependent or survivor of a veteran receiving care under the last sentence of section 613(span) of this title). For the purposes of this paragraph, a dependent or survivor of a veteran receiving care under the last sentence of section 613(span) of this title shall be eligible for the same medical services as a veteran.”
Par. (6)(B)(ii). Puspan. L. 99–272, § 19011(d)(2)(B), substituted “section 612(f)(1)(A)(ii)” for “section 612(f)(1)(B)”.
Par. (9). Puspan. L. 99–272, § 19012(a)(2), added par. (9).
1985—Par. (4)(C)(v). Puspan. L. 99–166, § 102(a), substituted “with respect to the Commonwealth of Puerto Rico shall expire on September 30, 1988” for “(except with respect 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”.
Puspan. L. 99–108 substituted “October 31, 1985” for “September 30, 1985”.
1984—Par. (4)(C)(v). Puspan. L. 98–528 substituted “September 30, 1985” for “September 30, 1984”.
1983—Par. (4)(C)(v). Puspan. L. 98–105 substituted “September 30, 1984” for “September 30, 1983”.
Par. (6)(a)(i). Puspan. 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). Puspan. L. 97–251 substituted “September 30, 1983” for “September 30, 1982”.
1981—Par. (4)(C)(v). Puspan. L. 97–72 substituted “September 30, 1982” for “December 31, 1981”.
1979—Par. (4). Puspan. L. 96–22, §§ 102(c)(1), 201(a), substituted “medical services for the treatment of any disability 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 arrangements in the case of veterans receiving contract care.
Par. (4)(C)(iii). Puspan. L. 96–151, § 202, inserted provisions respecting safe transfer of the veteran, and substituted “medical services in” for “hospital care in”.
Par. (5)(A). Puspan. L. 96–151, § 201(span)(1), substituted “travel” for “transportation”.
Par. (5)(C). Puspan. L. 96–151, § 201(span)(2), substituted provisions relating to travel and incidental expenses for provisions relating to transportation and incidental expenses.
Par. (6)(A)(i). Puspan. L. 96–22, § 102(c)(2), substituted “described in sections 610 and 612 of this title” for “authorized in sections 612 (span), (c), (d), and (e) of this title”.
Par. (6)(B). Puspan. L. 96–151, § 201(span)(3), substituted “travel and incidental expenses” for “necessary expenses of travel and subsistence”.
1978—Par. (4)(C)(v). Puspan. L. 95–520 defined “Veterans’ Administration facilities” to include certain private facilities to provide medical services to obviate the need for hospital admission, deleted reference to hospital care for veterans in a territory, Commonwealth, or possession of the United States not contiguous to the forty-eight contiguous States, substituted provision requiring 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 determined average hospital patient load per thousand veteran population hospitalized at Veterans’ Administration expense in Government and private facilities in each noncontiguous State not exceed the average patient load per thousand veteran population hospitalized by the Veterans’ Administration within the forty-eight contiguous States; extended termination date for exercise 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). Puspan. L. 94–581, § 202(span)(1), substituted “direct jurisdiction” for “direct and exclusive jurisdiction”.
Par. (4)(C). Puspan. L. 94–581, § 202(span)(2), inserted “when facilities described in clause (A) or (B) of this paragraph are not capable of furnishing economical care because of geographical inaccessibility or of furnishing the care or services required” after “contracts” in provisions 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 discharged” in subcl. (i), added subcls. (ii) and (iii), redesignated former subcls. (ii) and (iii) as (iv) and (v), respectively, and in subcl. (v) as so redesignated, substituted “subclause (v)” for “clause (iii)”.
Par. (5)(A)(ii). Puspan. L. 94–581, § 202(span)(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). Puspan. 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 essential 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(span) 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 sentence of section 613(span) 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 dependent or survivor of a veteran who has no immediate family members (or legal guardian), the person in whose household such veteran, or such a dependent or survivor certifies his intention to live, as may be necessary or appropriate to the effective treatment and rehabilitation of a veteran or such a dependent or a survivor of a veteran; and”.
Par. (6). Puspan. 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 household such veteran certifies an intention to live, as may be essential to the effective treatment and rehabilitation of the veteran, such consultation, professional counseling, training, and mental health services as are necessary in connection with the treatment of the service-connected disability of a veteran pursuant to section 612(a) of this title, and, in the discretion of the Administrator, 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 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.
Par. (7). Puspan. 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 veterans who are unable to defray the expenses of transportation”.
Par. (8). Puspan. L. 94–581, § 102(4), added par. (8).
1973—Par. (4)(C). Puspan. L. 93–82, § 101(a), extended the Administrator’s contract authority for providing hospital 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 removed the limitation on such authority that such care be rendered in emergency cases only.
Par. (5). Puspan. L. 93–82, § 101(span), incorporated existing provisions in subpar. (A) and added subpars. (B) and (C).
Par. (6). Puspan. L. 93–82, § 101(c), expanded definition of “medical services” to include home health services determined by the Secretary to be necessary or appropriate 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(span) of this title.
1968—Par. (4)(C)(iii). Puspan. L. 90–612 expanded category of veterans of wars in the Territories, Commonwealths, or possessions of the United States to include, until December 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). Puspan. L. 88–481 included any veteran awarded the Medal of Honor.
1960—Par. (6). Puspan. L. 86–639 inserted “(except under the conditions described in section 612(f)(1))”.
Puspan. L. 86–598 inserted “optometrists’ services” after “medical examination and treatment”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPuspan. L. 103–446, title XII, § 1202(span), 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 Puspan. L. 102–83.
Effective Date of 1986 AmendmentAmendment by section 19011(d)(2) of Puspan. L. 99–272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Puspan. L. 99–272, set out as a note under section 1710 of this title.
Effective Date of 1979 AmendmentAmendment by Puspan. L. 96–151 effective Jan. 1, 1980, see section 206 of Puspan. L. 96–151, set out as a note under section 111 of this title.
Puspan. 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 effective on October 1, 1979.”
Effective Date of 1976 AmendmentAmendment by Puspan. L. 94–581 effective Oct. 21, 1976, see section 211 of Puspan. L. 94–581, set out as a note under section 111 of this title.
Effective Date of 1973 AmendmentPuspan. 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 enactment [Aug. 2, 1973], except that sections 105 and 106 [amending section 626 [now 1726] of this title and enacting 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 beginning the first pay period following thirty days after the date of enactment of this Act [Aug. 2, 1973].”
Construction of 2016 AmendmentPuspan. 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 amendments made by this section may be construed to require a veteran to receive an immunization that the veteran does not want to receive.”
Department of Veterans Affairs Treatment and Research of Prostate CancerPuspan. L. 117–328, div. U, title I, § 102, Dec. 29, 2022, 136 Stat. 5408, provided that:“(a)Findings.—Congress makes the following findings:“(1) Prostate cancer is the number one cancer diagnosed in the Veterans Health Administration.
“(2) A 1996 report published by the National Academy of Sciences, Engineering, and Medicine established 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 essential 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 detection 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 oncology, including biomarker-driven clinical trials and innovations underway through the Prostate Cancer Foundation and Department of Veterans Affairs partnership, represents one of the most promising areas of interventions, treatments, and cures for such veterans and their families.
“(span)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 interdisciplinary clinical pathway for all stages of prostate cancer, from early detection to end of life care. The clinical pathway shall be established in the National Surgery Office of the Department of Veterans Affairs in close collaboration with the National Program Office of Oncology, the Office of Research and Development, and other relevant entities of the Department, including Primary Care.
“(2)Elements.—The national clinical pathway established under this subsection shall include the following elements:“(A) A diagnosis pathway for prostate cancer that includes early screening and diagnosis protocol, including screening recommendations for veterans with evidence-based risk factors.
“(B) A treatment pathway that details the respective roles of each office of the Department that will interact with veterans receiving prostate cancer care, including treatment protocol recommendations 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 Comprehensive 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 centers that have entered into partnerships with the Department.
“(3)Collaboration and coordination.—In establishing the clinical pathway required under this section, 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 Prevention;
“(E) the Centers for Medicare and Medicaid Services;
“(F) the Patient-Centered Outcomes Research Institute;
“(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 feedback from, veterans who have received prostate cancer care at Department medical facilities as well as experts in multi-disciplinary cancer care and clinical research.
“(5)Publication.—The Secretary shall—“(A) publish the clinical pathway established under this subsection on a publicly available Department website; and
“(B) update the clinical pathway as needed by review of the medical literature and available evidence-based guidelines at least annually, in accordance with the criteria under paragraph (2).
“(c)Development of Comprehensive Prostate Cancer 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 prostate cancer program using the comprehensive prostate cancer clinical pathway developed under subsection (span).
“(2)Program requirements.—The comprehensive prostate cancer program shall—“(A) receive direct oversight from the Deputy Undersecretary for Health of the Department of Veterans Affairs;
“(B) include a yearly program implementation evaluation to facilitate replication for other disease states or in other healthcare institutions;
“(C) be metric driven and include the development of biannual reports on the quality of prostate cancer care, which shall be provided to the leadership of the Department, medical centers, and providers 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 specific model of care delivery.
“(4)Prostate cancer research.—The Secretary shall submit to Congress a plan that provides for continual funding through the Office of Research and Development of the Department of Veterans for supporting 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 Oncology Program of the Department and the PCF–VA Precision Oncology Centers of Excellence as related to the requirements of this Act [div. U of Puspan. L. 117–328, see Tables for classification]; and
“(B) affirm that no funding included in such funding 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 improving outcomes and serving as a resource for providers.
“(e)Definitions.—In this section:“(1)Clinical pathway.—The term ‘clinical pathway’ 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 ‘evidence-based risk factors’ includes race, ethnicity, socioeconomic status, geographic location, exposure risks, genetic risks, including family history, and such other factors as the Secretary determines appropriate.”
Strategic Plan To Ensure Continuity of Care in the Case of the Realignment of a Medical Facility of the DepartmentPuspan. 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 Affairs.
“(span)Development of Strategic Plan.—“(1)In general.—The Secretary of Veterans Affairs, 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 continuity of health care through care furnished at a facility of the Department or through the Community Care Program for veterans impacted by the realignment of a medical facility of the Department.
“(2)Elements.—The strategic plan required under paragraph (1) shall include, at a minimum, the following:“(A) An assessment of the progress of the Department in identifying impending realignments of medical facilities of the Department and the impact 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 establishing operated sites of care and related activities to address the impact of such a realignment.
“(C) An outline of collaborative actions and processes 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 Strategy Office, and the Office of Asset Enterprise Management 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 realigned and develop a process with Third Party Administrators to strengthen provider coverage in advance 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 Department shall submit to the Committee on Veterans’ 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 ‘Community 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 facilities or relocates services, functions, or personnel positions; and
“(B) strategic collaborations between the Department and non-Federal Government entities, including tribal organizations and Urban Indian Organizations.
“(3)Third party administrator.—The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative services 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 organization’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). “(5)Urban indian organization.—The term ‘Urban Indian Organization’ has the meaning given that term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).”
Establishment of Strategic Plan Requirement for Office of Connected Care of Department of Veterans AffairsPuspan. L. 117–328, div. U, title I, § 151, Dec. 29, 2022, 136 Stat. 5425, provided that:“(a)Findings.—Congress makes the following findings:“(1) The COVID–19 pandemic caused the Department of Veterans Affairs to exponentially increase telehealth and virtual care modalities, including VA Video Connect, to deliver health care services to veteran patients.
“(2) Between January 2020 and January 2021, the number of telehealth appointments offered by the Department increased by 1,831 percent.
“(3) The Department maintains strategic partnerships, 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 Department.
“(4) As of 2019, veterans who reside in rural and highly rural areas make up approximately ⅓ of veteran 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 complex health needs and comorbidities.
“(5) The Federal Communications Commission estimated in 2020 that 15 percent of veteran households do not have an internet connection.
“(6) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) [see Tables for classification], Congress granted the Department additional authority to enter into short-term agreements or contracts with private sector telecommunications companies to provide certain broadband services for the purposes of providing expanded mental health services to isolated veterans through telehealth 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 veterans receive equal and high-quality access to virtual care.
“(9) Questions regarding the efficacy of using telehealth for certain health care services and specialties remain, and should be further studied.
“(10) The Department continues to expand telehealth and virtual care offerings for primary care, mental health care, specialty care, urgent care, and even remote intensive care units.
“(span)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-person 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 Office of Connected Care of the Department of Veterans Affairs, shall develop a strategic plan to ensure the effectiveness of the telehealth technologies and modalities 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 consultation with the following:“(i) The Chief Officer of the Office of Connected Care of the Department.
“(ii) The Executive Director of Telehealth Services 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 Delivery, 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 following:“(A) A comprehensive list of all health care specialties the Department is currently delivering by telehealth or virtual care.
“(B) An assessment of the effectiveness and patient outcomes for each type of health care specialty 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 Integrated 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 Department.
“(E) An outline of all current partnerships maintained 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 Department is working with other Federal agencies, including the Department of Health and Human Services, the Department of Agriculture, the Federal Communications Commission, and the National Telecommunications and Information Administration, 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 subsection thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report 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 virtual care services to veterans who are enrolled in the patient enrollment system, with a timeline for improvements to be implemented.
“(e)Definitions.—“(1)Patient enrollment system.—The term ‘patient enrollment system’ means the system of annual patient enrollment of the Department of Veterans Affairs 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 Connect’ means the program of the Department of Veterans 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 AffairsPuspan. L. 117–328, div. U, title I, § 195(span), (c), Dec. 29, 2022, 136 Stat. 5445, provided that:“(span)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(span)(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 accessible internet website of the Department; and
“(ii) the main homepage of the publicly accessible internet website of each medical center of the Department.
“(B) Where practicable, the Website is organized and searchable by each medical center of the Department.
“(C) The Website is easily understandable and usable 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 different 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 substantial experience in presenting health care data and information in a easily understandable and usable 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 Secretary shall develop and implement a process to annually audit a generalizable subset of the data contained 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 information 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 facilities of the Department on how to—“(i) improve the accuracy and completeness of the medical record information, clinical information, data, and documentation that is used to calculate the information on the Website; and
“(ii) ensure that each medical facility of the Department provides such information in a uniform manner.
“(3)Annual report.—Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of each audit under paragraph (1).”
Improvement of Sleep Disorder Care Furnished by Department of Veterans AffairsPuspan. L. 117–328, div. V, title V, § 502, Dec. 29, 2022, 136 Stat. 5514, provided that:“(a)In General.—Pursuant to the analysis conducted under subsection (span), the Secretary of Veterans Affairs shall take such action as the Secretary considers appropriate to improve the assessment and treatment of veterans with sleep disorders, including by conducting in-home sleep studies for veterans.
“(span)Analysis.—The Secretary shall conduct an analysis of the ability of the Department of Veterans Affairs to treat sleep disorders among veterans, including—“(1) assessment and treatment options for such disorders;
“(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 Department of Defense for such disorders; and
“(4) the availability of and efficacy of the use by the Department of Veterans Affairs of cognitive behavioral therapy for insomnia.
“(c)Report.—Not later than two years after the date of the enactment of this Act [Dec. 29, 2022], 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—“(1) the findings from the analysis conducted under subsection (span); and
“(2) any actions taken under subsection (a) to improve 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 conducted by the Department of Veterans Affairs.”
Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every SpousePuspan. 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 VETERANS AFFAIRS TO FURNISH COVID–19 VACCINE TO CERTAIN INDIVIDUALS NOT ENROLLED 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 individual during the COVID–19 public health emergency.
“(span)Prioritization.—In furnishing vaccines for COVID–19 under the laws administered by the Secretary, 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 pursuant to subsection (c)(2) of section 1705 of title 38, United States Code, and accompanying caregivers of such veterans before the vaccination of covered individuals 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.
“(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 national 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 ‘accompanying 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 individual’ 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 section 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(span) 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 emergency with respect to COVID–19 declared by a Federal, State, or local authority.
“(4)COVID–19.—The term ‘COVID–19’ means the coronavirus disease 2019.
“(5)Patient enrollment system.—The term ‘patient enrollment system’ means the system of annual patient enrollment of the Department of Veterans Affairs 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–19Puspan. L. 117–2, title VIII, § 8007, Mar. 11, 2021, 135 Stat. 116, provided that:“(a)In General.—The Secretary of Veterans Affairs—“(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 (span); and
“(2) shall reimburse any veteran who paid a copayment or other cost sharing for health care under the laws administered by the Secretary received by a veteran during such period the amount paid by the veteran.
“(span)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 LevelsPuspan. 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 medium 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, including 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 protective equipment and hand hygiene supplies.
“(D) An assessment of ventilator capacity and supplies.
“(E) The number of resident beds and the occupancy 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.
“(span)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 Secretary 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 residents and staff published under paragraph (1) by veteran, staff, and other.
“(c)Definitions.—In this section:“(1)Covered public health emergency.—The term ‘covered public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, 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 Appointments for Health Care From Department of Veterans Affairs and Non-Department Health CarePuspan. 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—“(A) establish a process and requirements for scheduling appointments for—“(i) health care from the Department of Veterans 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’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such process and requirements.
“(2)Elements of description.—The description of the process and requirements for scheduling appointments for health care required to be submitted under paragraph (1)(B) shall include—“(A) information on how such process and requirements 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 Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such revised process and requirements, including a description of any modifications to the certification and training under subsection (span).
“(span)Certification and Training on Process and Requirements.—“(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 scheduling of appointments for health care from the Department or health care described in subsection (a)(1)(A)(ii), including schedulers, clinical coordinators, and supervisors, to certify to the Secretary that the individual understands the process and requirements 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 involved 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 requirements 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 compliance 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 requirements.
“(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’ Affairs of the House of Representatives a report indicating whether each medical facility of the Department is using the method or tool described in paragraph (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 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 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 CarePuspan. 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 administered by the Secretary.
“(span)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 corrective action based on the first audit, as determined by the Secretary.
“(c)Elements.—Each audit conducted under subsection (a) shall include the following:“(1) With respect to each medical center of the Department 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 policies of the Veterans Health Administration relating to scheduling appointments and managing consultations.
“(B) An assessment of the extent to which appointments or consultations are not timely processed.
“(C) A description of any backlogs in appointments or consultations that are awaiting action.
“(D) An assessment of whether consultations are appropriately processed.
“(E) Data with respect to consultations as follows:“(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 consultation 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 consultations.
“(2) An identification of such recommendations for corrective action as the Secretary considers necessary, including additional training, increased personnel, and other resources.
“(3) A certification that the director of each medical center of the Department covered by the audit is in compliance with the process and requirements established under section 3101(a) [set out as a note above] and such other requirements relating to the scheduling of appointments and management of consultations as the Secretary considers appropriate.
“(4) With respect to referrals for health care between health care providers or facilities of the Department, a measurement of, for each medical facility 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 another 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 facility accepts the referral;
“(iii) the date that the other health care provider 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 facility; 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 veteran 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-Department 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 medical 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 appointments 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 subsection (a), 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 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 conducted 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 appointments 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 address issues raised by the audit that was completed.”
Establishment of Environment of Care Standards and Inspections at Department of Veterans Affairs Medical CentersPuspan. 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 inspections;
“(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 submit to the Secretary and make publicly available a report on the compliance of the medical center with the standards; and
“(5) a remediation plan.
“(span)Report.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], 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 certifying 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 Department of Veterans Affairs and Training of StaffPuspan. 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 Program 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.
“(span)Report.—Not later than 270 days after the date of the enactment of this Act [Jan. 5, 2021], 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 study conducted under subsection (a).
“(c)Training.—The Secretary shall ensure that all Women Veteran Program Managers and Women Veteran Program Ombudsmen receive the proper training to carry out their duties.”
Recording of ObligationsPuspan. 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 Veterans 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 appropriations 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 services 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 Department of Veterans Affairs, in consultation with the Office of Management and Budget, shall submit a report 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 proviso shall also include an explanation as to how the Department plans to avoid incurring obligations for the Medical Community Care appropriation in excess of its available budgetary resources in fiscal year 2021 and future fiscal years pursuant to the recording of obligations required by this title.”
Expanded Telehealth From Department of Veterans AffairsPuspan. 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 agreements, with organizations that represent or serve veterans, nonprofit organizations, private businesses, and other interested parties for the expansion of telehealth capabilities and the provision of telehealth services to veterans through the award of grants under subsection (span).
“(span)Award of Grants.—“(1)In general.—In carrying out agreements entered into or expanded under this section with entities described in subsection (a), the Secretary shall award grants to those entities.
“(2)Locations.—To the extent practicable, the Secretary shall ensure that grants are awarded to entities that serve veterans in rural and highly rural areas (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture) or areas determined to be medically underserved.
“(3)Use of grants.—“(A)In general.—Grants awarded to an entity under this subsection may be used for one or more of the following:“(i) Purchasing, replacing or upgrading hardware or software necessary for the provision of secure and private telehealth services.
“(ii) Upgrading security protocols for consistency with the security requirements of the Department of Veterans Affairs.
“(iii) Training of site attendants, including payment of those attendants for completing that training, with respect to— “(I) military and veteran cultural competence, if the entity is not an organization that represents veterans;
“(II) equipment required to provide telehealth services;
“(III) privacy, including the Health Insurance Portability and Accountability Act of 1996 [Puspan. L. 104–191] privacy rule under part 160 and subparts A and E of part 164 of title 45, Code of Federal Regulations, or successor regulations, as it relates to health care for veterans;
“(IV) scheduling for telehealth services for veterans; or
“(V) any other unique training needs for the provision of telehealth services to veterans.
“(iv) Upgrading existing infrastructure owned or leased by the entity to make rooms more conducive to telehealth care, including— “(I) additions or modifications to windows or walls in an existing room, or other alterations as needed to create a new, private room, including permits or inspections required in association with space modifications;
“(II) soundproofing of an existing room;
“(III) new electrical, telephone, or internet outlets in an existing room; or
“(IV) aesthetic enhancements to establish a more suitable therapeutic environment.
“(v) Upgrading existing infrastructure to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). “(vi) Upgrading internet infrastructure and sustainment of internet services.
“(vii) Sustainment of telephone services.
“(B)Exclusion.—Grants may not be used for the purchase of new property or for major construction projects, as determined by the Secretary.
“(c)Agreement on Telehealth Access Points.—“(1)In general.—An entity described in subsection (a) that seeks to establish a telehealth access point for veterans but does not require grant funding under this section to do so may enter into an agreement with the Department for the establishment of such an access point.
“(2)Adequacy of facilities.—An entity described in paragraph (1) shall be responsible for ensuring that any access point is adequately private, secure, clean, and accessible for veterans before the access point is established.
“(d)Assessment of Barriers to Access.—“(1)In general.—Not later than 18 months after the date of the enactment of this Act [Oct. 17, 2020], the Secretary shall complete an assessment of barriers faced by veterans in accessing telehealth services.
“(2)Elements.—The assessment required by paragraph (1) shall include the following:“(A) A description of the barriers veterans face in using telehealth while not on property of the Department.
“(B) A description of how the Department plans to address the barriers described in subparagraph (A).
“(C) Such other matters related to access by veterans to telehealth while not on property of the Department as the Secretary considers relevant.
“(3)Report.—Not later than 120 days after the completion of the assessment required by paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the assessment, including any recommendations for legislative or administrative action based on the results of the assessment.”
Partnerships to Provide Hyperbaric Oxygen Therapy to VeteransPuspan. L. 116–171, title VII, § 702(a), Oct. 17, 2020, 134 Stat. 827, provided that:“(1)Use of partnerships.—The Secretary of Veterans Affairs, in consultation with the Center for Compassionate Innovation within the Office of Community Engagement of the Department of Veterans Affairs, may enter into partnerships with non-Federal Government entities to provide hyperbaric oxygen treatment to veterans to research the effectiveness of such therapy.
“(2)Types of partnerships.—Partnerships entered into under paragraph (1) may include the following:“(A) Partnerships to conduct research on hyperbaric oxygen therapy.
“(B) Partnerships to review research on hyperbaric oxygen therapy provided to nonveterans.
“(C) Partnerships to create industry working groups to determine standards for research on hyperbaric oxygen therapy.
“(D) Partnerships to provide to veterans hyperbaric oxygen therapy for the purposes of conducting research on the effectiveness of such therapy.
“(3)Limitation on federal funding.—Federal Government funding may be used to coordinate and administer the partnerships under this subsection but may not be used to carry out activities conducted under such partnerships.”
Review of Effectiveness of Hyperbaric Oxygen TherapyPuspan. L. 116–171, title VII, § 702(span), 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 oxygen therapy, such as through the use of a device approved or cleared by the Food and Drug Administration that assesses traumatic brain injury by tracking eye movement.”
Coverage of Testing for COVID–19: Application With Respect to VeteransPuspan. L. 116–127, div. F, § 6006(span), 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 Puspan. L. 116–127, 42 U.S.C. 1320span–5 note] (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320span–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 AffairsPuspan. 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 enactment of this Act [Dec. 31, 2018], the Secretary of Veterans Affairs shall require each director of a medical facility of the Department of Veterans Affairs to submit to the director of the Veterans Integrated Service Network that covers the facility a plan to improve 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 Integrated Service Network in such a fashion that would improve the ability of all facilities within that network to provide the best and most efficient care to patients.
“(span)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 thereafter, 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 Investigate 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 Enhancing 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 VeteransPuspan. L. 115–182, title I, § 108, June 6, 2018, 132 Stat. 1416, as amended by Puspan. 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 provide non-Department health care services to veterans if the Secretary determines that the health care provider—“(1) was removed from employment with the Department of Veterans Affairs due to conduct that violated a policy of the Department relating to the delivery 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.
“(span)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 eligibility of a health care provider to provide non-Department 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 licensing board of a State in which the health care provider is licensed or practices.
“(c)Suspension.—The Secretary shall suspend the eligibility of a health care provider to provide non-Department 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 revoke 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 paragraph (1) of such subsection or violation under paragraph (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 Secretary of this section, including the following:“(1) The aggregate number of health care providers denied or suspended under this section from participation in providing non-Department health care services.
“(2) An evaluation of any impact on access to health care for patients or staffing shortages in programs of the Department providing non-Department health care services.
“(3) An explanation of the coordination of the Department with the medical licensing boards of States in implementing this section, the amount of involvement of such boards in such implementation, and efforts by the Department to address any concerns raised by such boards with respect to such implementation.
“(4) Such recommendations as the Comptroller General considers appropriate regarding harmonizing 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 Defined.—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 facilities (as defined in section 1701 of such title);
“(2) provided under section 101 of the Veterans Access, 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 Veterans 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 ProgramsPuspan. L. 115–182, title I, § 121–123, June 6, 2018, 132 Stat. 1423, 1424, as amended by Puspan. L. 115–251, title II, § 211(span)(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.
“(span)Elements.—The program under subsection (a) shall—“(1) teach veterans about—“(A) eligibility criteria for care from the Department 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 obligations, if any, required of certain individuals for certain 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, Medicare, Medicaid, the TRICARE program, the Indian Health Service, tribal health programs, and other forms of insurance) and health care from the Department; and
“(3) provide veterans with information on what to do when they have a complaint about health care received from the Department (whether about the provider, the Department, or any other type of complaint).
“(c)Accessibility.—In developing the education program 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 Security 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 program’ has the meaning given that term in section 1072 of title 10, United States Code.
“SEC. 122. TRAINING PROGRAM FOR ADMINISTRATION OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.“(a)Establishment of Program.—The Secretary of Veterans Affairs shall develop and implement a training 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 emergency room care.
“(2) The Veterans Community Care Program under section 1703 of title 38, United States Code, as amended by section 101.
“(3) Management of prescriptions pursuant to improvements under section 131.
“(span)Annual Evaluation and Report.—The Secretary 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 paragraph (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 medical 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 members of veterans.
“(B) The health care system of the Department of Veterans Affairs.
“(C) Such other matters as the Secretary considers appropriate.
“(span)Material Provided.—The continuing medical education material provided to non-Department medical 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 competencies throughout the community.
“(c)Administration of Program.—“(1)In general.—The Secretary shall administer the program established under subsection (a) to participating non-Department medical professionals through an internet website of the Department of Veterans Affairs.
“(2)Curriculum and credit provided.—The Secretary shall determine the curriculum of the program and the number of hours of credit to provide to participating 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 Secretary 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.
“(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 program 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 Defined.—In this section, the term ‘non-Department medical 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 Affairs.”
Establishment of Processes To Ensure Safe Opioid Prescribing Practices by Non-Department of Veterans Affairs Health Care ProvidersPuspan. L. 115–182, title I, § 131, June 6, 2018, 132 Stat. 1425, as amended by Puspan. L. 115–251, title II, § 211(span)(2), Sept. 29, 2018, 132 Stat. 3176, provided that:“(a)Receipt and Review of Guidelines.—The Secretary 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.
“(span)Inclusion of Medical History and Current Medications.—The Secretary shall implement a process to ensure that, if care of a veteran by a covered health care provider is authorized under the laws administered by the Secretary, the document authorizing such care includes the available and relevant medical history of the veteran and a list of all medications prescribed to the veteran as known by the Department.
“(c)Submittal of Medical Records and Prescriptions.—“(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 section 102 of this Act, require each covered health care provider to submit medical records of any care or services furnished, including records of any prescriptions 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 Veterans’ 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 section.
“(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 condition described in paragraph (3), the Secretary shall take such action as the Secretary considers appropriate to ensure the safety of all veterans receiving care from that health care provider, including removing or directing the removal of any such health care provider from provider networks or otherwise refusing 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 arrangements entered into by the Secretary with third parties involved in administering programs that provide 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 appropriate under paragraph (1) when the opioid prescribing 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 Veterans Affairs, but does not include a health care provider employed by another agency of the Federal Government.”
Competency Standards for Non-Department of Veterans Affairs Health Care ProvidersPuspan. L. 115–182, title I, § 133, June 6, 2018, 132 Stat. 1427, provided that:“(a)Establishment of Standards and Requirements.—The Secretary of Veterans Affairs shall establish 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-related conditions, and traumatic brain injuries.
“(span)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 pursuant to a contract, agreement, or other arrangement with the Department of Veterans Affairs. Non-Department of Veterans Affairs health care providers furnishing care pursuant to a contract, agreement, or other arrangement shall, to the extent practicable as determined by the Secretary, fulfill training requirements 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, agreement, 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 enactment of this Act [June 6, 2018].”
Program on Establishment of Peer Specialists in Patient Aligned Care Team Settings Within Medical Centers of Department of Veterans AffairsPuspan. L. 115–182, title V, § 506, June 6, 2018, 132 Stat. 1477, as amended by Puspan. 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 Affairs to promote the use and integration of services for mental health, substance use disorder, and behavioral health in a primary care setting. Each such peer specialist 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.
“(span)Initial Timeframe for Establishment of Program.—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 Secretary as polytrauma centers.
“(B) Not fewer than 10 shall be medical centers of the Department that are not designated by the Secretary as polytrauma centers.
“(2)Considerations.—In selecting medical centers for the program under paragraph (1), the Secretary shall consider the feasibility and advisability of selecting medical centers in the following areas:“(A) Rural areas and other areas that are underserved by the Department.
“(B) Areas that are not in close proximity to an active duty military installation.
“(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census.
“(d)Timeframe for Expansion of Program; Selection of Additional Locations.—“(1)Timeframe for expansion.—The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows:“(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 medical center of the Department.
“(2)Selection of additional locations.—In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas:“(A) Rural areas and other areas that are underserved by the Department.
“(B) Areas that are not in close proximity to an active duty military installation.
“(C) Areas representing different geographic locations, such as census tracts established by the Bureau 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 Secretary shall consider ways in which peer specialists can conduct outreach to health care providers in the community who are known to be serving veterans to engage 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 program, 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 period preceding the submission of the report, the following:“(i) The findings and conclusions of the Secretary with respect to the program.
“(ii) An assessment of the benefits of the program to veterans and family members of veterans.
“(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans 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 Department, 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.Puspan. L. 115–182, title V, § 507, June 6, 2018, 132 Stat. 1479, as amended by Puspan. L. 115–251, title II, § 211(span)(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.
“(span)Locations.—The Secretary shall carry out the pilot program at the 10 medical centers of the Department 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 Secretary 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 medical 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 employed in the provision of emergency care.
“(C) Seventy percent of the scribes shall be employed in the provision of specialty care in specialties 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 required under this section, and every 180 days thereafter for the duration of the pilot program, the Secretary 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 functions 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 functions 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 employed scribes under the pilot program for an appropriate 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 comparison 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 electronic 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 practitioner.
“(2) The terms ‘urban’ and ‘rural’ have the meanings given such terms under the rural-urban commuting codes developed by the Secretary of Agriculture and the Secretary of Health and Human Services.
“(f)Funding.—The pilot program under this section shall be carried out using amounts otherwise authorized to be appropriated for the Department of Veterans Affairs. No additional amounts are authorized to be appropriated to carry out such program.”
Pilot Program for Health and Wellness Centers and ProgramsPuspan. L. 115–141, div. J, title II, § 252, Mar. 23, 2018, 132 Stat. 825, as amended by Puspan. 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 organizations recognized by the Secretary in accordance with section 5902 of title 38, United States Code, to upgrade, through construction and repair, VSO community facilities 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 purchase 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 economically 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 Appropriations 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 AffairsPuspan. 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 accredits health care organizations and programs in the United States to investigate a medical center of the Department of Veterans Affairs to assess and report deficiencies of the facilities at such medical center.
“(span)Authority of Directors.—“(1)In general.—Subject to coordination under paragraph (2), the Secretary shall delegate the authority under subsection (a) to contract for an investigation 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 Integrated 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 Department of Veterans Affairs, and the Comptroller General of the United States for purposes of coordinating 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 conducting any review, audit, evaluation, or inspection regarding a topic for which an investigation is conducted under this section; or
“(2) to modify the requirement that employees of the Department assist with any review, audit, evaluation, or inspection conducted by the Office of the Inspector General of the Department.”
Faster Care for VeteransPuspan. 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 Veterans Act of 2016’.
“SEC. 2. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM.“(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.
“(span)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 capability described in subsection (a).
“(2)Notice of competition.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing 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 duration of the pilot program under subsection (a), and may expand the selection of Veterans Integrated Services Networks under subsection (span), if the Secretary 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 program that runs on the operating system of a cellular telephone, tablet computer, or similar portable computing device that transmits data over a wireless connection.
“SEC. 3. CAPABILITIES OF PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM.“(a)Minimum Capabilities.—The Secretary of Veterans Affairs shall ensure 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, at a minimum, the following capabilities:“(1) Capability to schedule, modify, and cancel appointments for primary care, specialty care, and mental health.
“(2) Capability to support appointments for the provision 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, appointments that were previously filled but later cancelled 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 Architecture of the Department, or such successor information technology system.
“(span)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 information 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 completed as follows:“(i) With respect to the validation and verification of the patient self-scheduling appointment 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 deployment 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 evaluation under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on such evaluation.
“(C) In this paragraph, the term ‘appropriate congressional 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 December 31, 2017, the Secretary shall certify to the Committees on Veterans’ Affairs of the House of Representatives and the Senate 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 as of the date of the certification, includes the capabilities specified in subsection (a).
“(2)New systems.—If the Secretary develops or begins 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-scheduling 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 replace any patient self-scheduling appointment system 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 Medical FacilitiesPuspan. 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 ensure 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.
“(span)Agreement.—“(1)In general.—The Secretary shall seek to enter into an agreement with the Joint Commission on Accreditation 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 paragraph (1) with the Joint Commission on Accreditation of Hospital Organizations on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization 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.—“(1)Initial failure.—If a kitchen or food service area of a medical facility of the Department is determined pursuant to an inspection conducted under subsection (a) not to meet the standards for kitchens and food service areas in hospitals in the private sector, that medical facility fails the inspection and the Secretary shall—“(A) implement a remediation plan for that medical facility within 72 hours; and
“(B) Conduct [sic] a second inspection under subsection (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 service area is closed at a medical facility of the Department 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 Administration 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 facilities of the Department.”
Mold Inspection Program for Department of Veterans Affairs Medical FacilitiesPuspan. 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, medium, or low risk for mold. Such inspections at facilities rated high risk shall occur not less frequently than annually, and such inspections at facilities rated medium or low risk shall occur not less frequently than biennially.
“(span)Agreement.—“(1)In general.—The Secretary shall seek to enter into an agreement with the Joint Commission on Accreditation 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 paragraph (1) with the Joint Commission on Accreditation of Hospital Organizations on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization 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 subsection (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 facilities of the Department.”
Improvement of Health Care Relating to Use of Opioids, Patient Advocacy, Complementary and Integrative Health, and Fitness of ProvidersPuspan. L. 114–198, title IX, July 22, 2016, 130 Stat. 755, as amended by Puspan. 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 meaning 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 Commonwealth of Puerto Rico.
“(3) The term ‘complementary and integrative health’ has the meaning given that term, or any successor 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 Affairs shall expand the Opioid Safety Initiative of the Department of Veterans Affairs to include all medical facilities of the Department.
“(2)Guidance.—The Secretary shall establish guidance that each health care provider of the Department of Veterans Affairs, before initiating opioid therapy to treat a patient as part of the comprehensive assessment conducted by the health care provider, use the Opioid Therapy Risk Report tool of the Department of Veterans Affairs (or any subsequent tool), which shall include information from the prescription drug monitoring program of each participating State as applicable, that includes the most recent 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 assessment conducted by the health care provider.
“(3)Enhanced standards.—The Secretary shall establish 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 substance abuse, dependence, and diversion, including—“(A) that such tests occur not less frequently than once each year or as otherwise determined according 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.
“(span)Pain Management Education and Training.—“(1)In general.—In carrying out the Opioid Safety Initiative of the Department, the Secretary shall require 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 prescribing practices for purposes of safely and effectively managing patients with chronic pain, including 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 related health conditions including, to the extent practicable, medical devices approved or cleared by the Food and Drug Administration for the treatment of patients with chronic pain and related health conditions.
“(C) Screening and identification of patients with substance use disorder, including drug-seeking behavior, 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 potential 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 veterans receive safe and high-quality pain management care from the Department.
“(3)Use of existing program.—In providing education and training described in paragraph (2), the Secretary shall use the Interdisciplinary Chronic Pain Management Training Team Program of the Department (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 Directors 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 subsection (span), including a mental health care provider, 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 Network in which the medical facility is located a report identifying the health care professionals that have been designated as members of the pain management 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 facility have completed the education and training required under subsection (span);
“(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 management and other pain management policies of the Department; or
“(II) does not fully comply with such stepped-care model, or successor models, of pain management 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 Department, the Secretary shall—“(A) ensure access by health care providers of the Department to information on controlled substances, including opioids and benzodiazepines, prescribed to veterans who receive care outside the Department through the prescription drug monitoring program of each State with such a program, including by seeking to enter into memoranda of understanding with States to allow shared access of such information between States and the Department;
“(B) include such information in the Opioid Therapy Risk Report tool; and
“(C) require health care providers of the Department to submit to the prescription drug monitoring program of each State with such a program information on prescriptions of controlled substances received by veterans in that State under the laws administered by the Secretary.
“(2)Report on tracking of data on opioid use.—Not later than 18 months after the date of the enactment of this Act [July 22, 2016
Funding Account for Non-Department CarePuspan. L. 114–41, title IV, § 4003, July 31, 2015, 129 Stat. 462, provided that: “Each budget of the President submitted 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 section 2(d) [probably means section 4002(d) of Puspan. L. 114–41, 129 Stat. 462]) to be comprised of—“(1) discretionary medical services funding that is designated for hospital care and medical services furnished 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 ProgramPuspan. 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 Secretary of Veterans Affairs may be used to expand the dialysis pilot program or to create any new dialysis capability provided by the Department in a facility that is not an initial facility under the dialysis pilot program until—“(1) an independent analysis of the dialysis pilot program is conducted for each such initial facility;
“(2) the Secretary submits to the appropriate congressional committees the report under subsection (span); and
“(3) a period of 180 days has elapsed following the date on which the Secretary submits such report.
“(span)Report.—The Secretary shall submit to the appropriate congressional committees a report containing the following:“(1) The independent analysis described in subsection (a)(1).
“(2) A five-year dialysis investment plan explaining all of the options of the Secretary for delivering dialysis care to veterans, including how and where such care will be delivered.
“(c)Definitions.—In this section:“(1) The term ‘appropriate congressional committees’ means—“(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives; 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 September 2010 to provide dialysis care to patients at certain outpatient facilities operated by the Department 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 CarePuspan. L. 113–146, § 2, titles I, II, VIII, Aug. 7, 2014, 128 Stat. 1755, 1769, 1801, as amended by Puspan. L. 113–175, title IV, § 409(a)–(f), Sept. 26, 2014, 128 Stat. 1906, 1907; Puspan. L. 113–235, div. I, title II, § 242, Dec. 16, 2014, 128 Stat. 2568; Puspan. L. 114–19, § 3(a), May 22, 2015, 129 Stat. 215; Puspan. L. 114–41, title IV, §§ 4004, 4005, July 31, 2015, 129 Stat. 463, 464; Puspan. L. 114–131, § 1, Fespan. 29, 2016, 130 Stat. 292; Puspan. L. 115–26, §§ 1, 2, Apr. 19, 2017, 131 Stat. 129; Puspan. 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.
<span value="I" class="num">“TITLE I—</span><span><span>IMPROVEMENT OF ACCESS TO CARE FROM NON-DEPARTMENT OF VETERANS AFFAIRS PROVIDERS</span></span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="small-caps">Expansion of Available Care and Services.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">Furnishing of care.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="small-caps">In general</span>.—</span><span>Hospital care and medical services under chapter 17 of title 38, United States Code, shall be furnished to an eligible veteran described in subsection (span), at the election of such veteran, through agreements authorized under subsection (d), or any other law administered by the Secretary of Veterans Affairs, with entities specified in subparagraph (B) for the furnishing of such care and services to veterans.</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="small-caps">Entities specified</span>.—</span><span>The entities specified in this subparagraph are the following:</span><div class="clause"><span value="i" class="num">“(i)</span><span> Any health care provider that is participating in the Medicare program under title XVIII of the Social Security Act (<span href="/us/usc/t42/s1395" class="ref"><a href="/uscode/42/1395" target="_blank">42 U.S.C. 1395</a></span> et seq.), including any physician furnishing services under such program.</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> Any Federally-qualified health center (as defined in section 1905(<i>l</i>)(2)(B) of the Social Security Act (<span href="/us/usc/t42/s1396d" class="ref"><a href="/uscode/42/1396" target="_blank">42 U.S.C. 1396</a>d</span>(<i>l</i>)(2)(B))).</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> The Department of Defense.</span></div><div class="clause"><span value="iv" class="num">“(iv)</span><span> The Indian Health Service.</span></div><div class="clause"><span value="v" class="num">“(v)</span><span> Subject to subsection (d)(5), a health care provider not otherwise covered under any of clauses (i) through (iv).</span></div></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Choice of provider</span>.—</span><span>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.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="small-caps">Coordination of care and services</span>.—</span><span>The Secretary shall coordinate, through the Non-VA Care Coordination 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 furnishing of hospital care a</span></div></div></section>
Location of ServicesPuspan. L. 110–387, title III, § 301(span), 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 providing services described in subparagraph (B) of such paragraph to individuals described in such subparagraph in centers under section 1712A of such title (commonly referred to as ‘Vet Centers’), Department of Veterans Affairs medical centers, community-based outpatient clinics, or in such other facilities of the Department of Veterans Affairs as the Secretary considers necessary.”
Guidelines Relating to Furnishing of Sensori-Neural AidsPuspan. L. 104–262, title I, § 103(span), 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 Secretary 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’ Affairs of the Senate and House of Representatives.”
Study of Feasibility and Advisability of Alternative Organizational Structures for Effective Provision of Health Care Services to VeteransPuspan. 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 alternative organizational structures, such as the establishment of a wholly-owned Government corporation or a Government-sponsored enterprise, for the effective provision of health care services to veterans.
Contract Health Care; Ratification of Action of Administrator of Veterans’ AffairsPuspan. L. 98–528, title I, § 103(span), Oct. 19, 1984, 98 Stat. 2688, ratified actions by Administrator of Veterans’ Affairs 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 VeteransPuspan. L. 98–160, title III, § 302, Nov. 21, 1983, 97 Stat. 1004, as amended by Puspan. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239; Puspan. L. 102–83, §§ 5(c)(2), 6(f), Aug. 6, 1991, 105 Stat. 406, 407, provided that: “The Secretary of Veterans Affairs shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available either by individuals appointed to positions in the Veterans 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 ProgramsPuspan. L. 96–22, title II, § 201(span), June 13, 1979, 93 Stat. 54, which directed Chief Medical Director of the Veterans’ Administration to report to appropriate committees of Congress, not later than Fespan. 1, 1980, and annually thereafter, on implementation of former par. (4)(C)(v) of this section and amendments made to this section by section 201 of Puspan. L. 96–22, and on numbers of veterans provided contract treatment (and average cost and duration thereof) in each State in certain enumerated categories, was repealed by Puspan. L. 100–322, title I, § 112(span), 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 CongressPuspan. L. 95–520, § 8, Oct. 26, 1978, 92 Stat. 1822, as amended by Puspan. L. 96–330, title IV, § 407, Aug. 26, 1980, 94 Stat. 1053, directed Administrator of Veterans’ Affairs, not later than Fespan. 1, 1981, to submit a report to President and Congress on furnishing by Administration of hospital care and medical services in Puerto Rico and Virgin Islands, and set forth applicable criteria and considerations for the report.
