1 See References in Text note below.
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Editorial Notes
References in TextThe Social Security Act, referred to in subsecs. (c)(1) and (i)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XI and XVIII of the Act are classified generally to subchapters XI (§ 1301 et seq.) and XVIII (§ 1395 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsecs. (d)(1)(C) and (m)(1), (3), is the date of enactment of Puspan. L. 115–182, which was approved June 6, 2018.
For the effective date specified in section 101(span) of the Caring for Our Veterans Act of 2018, referred to in subsec. (h)(5)(A), see section 101(span) of Puspan. L. 115–182, which is set out as an Effective Date of 2018 Amendment note below.
Section 372 of the National Organ Transplantation Act, referred to in subsec. (l)(2)(B), probably means section 372 of the Public Health Service Act, act July 1, 1944, ch. 373, which was enacted by section 201 of the National Organ Transplant Act, Puspan. L. 98–507, and is classified to section 274 of Title 42, The Public Health and Welfare.
Amendments2022—Subsec. (a)(4). Puspan. L. 117–328, § 125(span), added par. (4).
Subsec. (d)(4). Puspan. L. 117–328, § 121, added par. (4).
2018—Puspan. L. 115–182 amended section generally. Prior to amendment, section related to contracts for hospital care and medical services in non-Department facilities.
Subsec. (h)(1). Puspan. L. 115–251, § 201(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (h)(5)(A). Puspan. L. 115–251, § 202, substituted “the effective date specified in section 101(span)” for “the date of the enactment”.
2011—Subsec. (d)(4). Puspan. L. 112–37 substituted “September 30, 2020” for “September 30, 2013”.
2008—Subsec. (d)(4). Puspan. L. 110–387 substituted “September 30, 2013” for “September 30, 2008”.
2005—Subsec. (d)(2). Puspan. L. 109–13 substituted “shall be available, without fiscal year limitation, for the purposes” for “shall be available for the purposes”.
2004—Subsec. (d). Puspan. L. 108–422 added subsec. (d).
1996—Subsec. (a). Puspan. L. 104–262, § 104(span)(1), struck out “or 1712” after “, as authorized in section 1710” in introductory provisions.
Subsec. (a)(2)(A). Puspan. L. 104–262, § 104(span)(2)(A), substituted “1710(a)(1)(B)” for “1712(a)(1)(B)”.
Subsec. (a)(2)(B). Puspan. L. 104–262, § 104(span)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “a veteran described in paragraph (2), (3), or (4) of section 1712(a) of this title, for a purpose described in section 1712(a)(5)(B) of this title;”.
Subsec. (a)(2)(C). Puspan. L. 104–262, § 104(span)(2)(C), substituted “section 1710(a)(2)(E) of this title, or a veteran who is in receipt of increased pension, or additional compensation or allowances based on the need of regular aid and attendance or by reason of being permanently housebound (or who, but for the receipt of retired pay, would be in receipt of such pension, compensation, or allowance),” for “section 1712(a)(3) (other than a veteran who is a former prisoner of war) of this title”.
Subsec. (a)(7). Puspan. L. 104–262, § 104(span)(3), substituted “1712(a)(1)(F)” for “1712(span)(1)(F)”.
1992—Subsec. (a)(1)(C). Puspan. L. 102–585 added subpar. (C).
1991—Puspan. L. 102–83, § 5(a), renumbered section 603 of this title as this section.
Puspan. L. 102–83, § 4(a)(5), substituted “non-Department” for “non-Veterans’ Administration” in section catchline.
Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “1710 or 1712” for “610 or 612” in introductory provisions, “1712(a)(1)(B)” for “612(a)(1)(B)” in par. (2)(A), “1712(a)” for “612(a)” and “1712(a)(5)(B)” for “612(a)(5)(B)” in par. (2)(B), “1712(a)(3)” for “612(a)(3)” in par. (2)(C), “1720” for “620” in par. (3), and “1712(span)(1)(F)” for “612(span)(1)(F)” in par. (7).
Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in par. (2)(C).
Puspan. L. 102–83, § 4(a)(5), substituted “non-Department” for “non-Veterans’ Administration” in introductory provisions and in pars. (3) and (5).
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing in introductory provisions and pars. (2), (3), (5), and (6).
Subsec. (a)(2)(B). Puspan. L. 102–54, § 14(span)(9)(A), struck out “section” before “paragraph”.
Subsec. (a)(7). Puspan. L. 102–54, § 14(span)(9)(B), substituted “section 612(span)(1)(F)” for “section 612(span)(1)(G)”.
Subsec. (a)(8). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (span). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Puspan. L. 102–83, § 4(a)(5), substituted “non-Department” for “non-Veterans’ Administration”.
Subsec. (c). Puspan. L. 102–83, § 5(c)(1), substituted “1712A, 1720, 1720A, 1724, and 1732” for “612A, 620, 620A, 624, and 632”.
Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Puspan. L. 102–54, § 14(span)(9)(C), inserted before period at end “(Public Law 100–322; 102 Stat. 501)”.
1988—Subsec. (a). Puspan. L. 100–322, § 104(span)(1), substituted “furnish any of the following:” for “furnish—”.
Subsec. (a)(1). Puspan. L. 100–322, § 104(span)(2), (3), substituted “Hospital” for “hospital” and the period for semicolon at end.
Subsec. (a)(2). Puspan. L. 100–322, § 104(span)(2), (3), substituted “Medical” for “medical” and the period for semicolon at end.
Subsec. (a)(2)(B). Puspan. L. 100–687 substituted “paragraph (2), (3), or (4) of section 612(a)” for “612(a)(4)”, and “612(a)(5)(B)” for “612(a)(5)”.
Puspan. L. 100–322, § 101(e)(3)(A), substituted “section 612(a)(4) of this title, for a purpose described in section 612(a)(5) of this title” for “section 612(f)(1)(A)(ii) of this title”.
Subsec. (a)(2)(C). Puspan. L. 100–322, § 101(e)(3)(B), substituted “section 612(a)(3) (other than a veteran who is a former prisoner of war)” for “section 612(g)”.
Subsec. (a)(3). Puspan. L. 100–322, § 104(a)(1), (span)(2), (3), substituted “Hospital” for “hospital”, inserted “or nursing home care under section 620 of this title”, and substituted the period for semicolon at end.
Subsec. (a)(4), (5). Puspan. L. 100–322, § 104(span)(2), (3), substituted “Hospital” for “hospital” and the period for semicolon at end.
Subsec. (a)(6). Puspan. L. 100–322, § 104(span)(2), (4), substituted “Diagnostic” for “diagnostic” and the period for “; or”.
Subsec. (a)(7). Puspan. L. 100–322, § 104(span)(2), substituted “Outpatient” for “outpatient”.
Subsec. (a)(8). Puspan. L. 100–322, § 104(a)(2), added par. (8).
Subsec. (c). Puspan. L. 100–322, § 112(a), added subsec. (c).
1986—Subsec. (a)(5). Puspan. L. 99–272, § 19012(c)(5)(A), made conforming amendment to Puspan. L. 99–166, § 102(span)(1). See 1985 Amendment note below.
1985—Subsec. (a)(5). Puspan. L. 99–166, § 102(span)(1), as amended by Puspan. L. 99–272, § 19012(c)(5)(A), inserted “(other than the Commonwealth of Puerto Rico)” after “in a State” and substituted “contiguous States and the Commonwealth of Puerto Rico” for “contiguous States, but the authority of the Administrator under this paragraph with respect to the Commonwealth of Puerto Rico shall expire on September 30, 1988, and until such date the Administrator may, if necessary to prevent hardship, waive the applicability to the Commonwealth of Puerto Rico of the restrictions in this paragraph with respect to hospital patient loads and the incidence of the furnishing of medical services”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPuspan. L. 115–251, title II, § 201(span), Sept. 29, 2018, 132 Stat. 3172, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the effective date specified in section 101(span) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) [set out below].”
Puspan. L. 115–182, title I, § 101(span), June 6, 2018, 132 Stat. 1403, provided that: “Section 1703 of title 38, United States Code, as amended by subsection (a), shall take effect on the later of—“(1) the date that is 30 days after the date on which the Secretary of Veterans Affairs submits the report required under section 101(q)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) [June 29, 2017]; or “(2) the date on which the Secretary promulgates regulations pursuant to subsection (c) [set out as a Regulations note below] [regulations effective June 6, 2019, see 84 F.R. 26278].”
Effective Date of 1988 AmendmentPuspan. L. 100–687, div. B, title XV, § 1503(span), Nov. 18, 1988, 102 Stat. 4134, provided that: “The amendments made by subsection (a)(1) [amending this section] shall apply with respect to the furnishing of medical services by contract to veterans who apply to the Veterans’ Administration for medical services after June 30, 1988.”
Puspan. L. 100–322, title I, § 101(i), May 20, 1988, 102 Stat. 492, provided that: “The amendments made by this section [amending this section and sections 612 and 617 [now 1712 and 1717] of this title] shall apply with respect to the furnishing of medical services to veterans who apply for such services after June 30, 1988.”
Effective Date of 1985 AmendmentPuspan. L. 99–166, title I, § 102(span)(1), Dec. 3, 1985, 99 Stat. 943, as amended by Puspan. L. 99–272, title XIX, § 19012(c)(5)(A), Apr. 7, 1986, 100 Stat. 382, provided that the amendment made by that section is effective Oct. 1, 1988.
RegulationsPuspan. L. 115–182, title I, § 101(c), June 6, 2018, 132 Stat. 1403, provided that:“(1)In general.—Not later than 1 year after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall promulgate regulations to carry out section 1703 of title 38, United States Code, as amended by subsection (a) of this section.
“(2)Updates.—“(A)Periodic.—Before promulgating the regulations required under paragraph (1), the Secretary shall provide to the appropriate committees of Congress periodic updates to confirm the progress of the Secretary toward developing such regulations.
“(B)First update.—The first update under subparagraph (A) shall occur no later than 120 days from the date of the enactment of this Act.
“(C)Appropriate committees of congress defined.—In this paragraph, the term ‘appropriate committees of Congress’ means—“(i) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
“(ii) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.”
Plan Regarding Informing Veterans of Expected Wait Times for Appointments for CarePuspan. L. 117–328, div. U, title I, § 122, Dec. 29, 2022, 136 Stat. 5415, provided that:“(a)In General.—Not later than October 1, 2023, the Secretary of Veterans Affairs shall develop a plan to ensure that veterans eligible for care or services pursuant to section 1703(d)(1) of title 38, United States Code, including veterans making their own appointments using advanced technology, are informed of the expected number of days between the date on which the veteran requested care until—“(1) the date on which the veteran will be able to receive care through a non-Department of Veterans Affairs provider under such section;
“(2) the date on which the veteran will be able to receive care through a provider of the Department;
“(3) the date on which—“(A) the Department will schedule an appointment for care through a non-Department provider under such section; or
“(B) for veterans making their own appointments using advanced technology, the veteran would be able to schedule an appointment for care through a provider of the Department or through a non-Department provider under such section;
“(4) the date on which the Department will schedule an appointment for care through a provider of the Department.
“(span)Implementation.—The Secretary shall implement the plan required under subsection (a) not later than three years after the date of the enactment of this Act [Dec. 29, 2022].
“(c)Matters To Be Included.—The Secretary shall include in the plan required under subsection (a) a list of the information technology systems, contracting mechanisms, staff, legislative authorities, pilot programs, and other components that the Secretary determines necessary to implement the plan within the three-year implementation deadline under subsection (span), as well as their associated milestones and resource requirements.
“(d)Updates.—Not less frequently than quarterly, the Secretary shall brief the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives and submit to those committees a report in writing regarding the status of the implementation of the plan required under subsection (a), to include an assessment of the progress of the Secretary in meeting the three-year implementation deadline under subsection (span).”
Community Care Self-Scheduling Pilot ProgramPuspan. L. 117–328, div. U, title I, §§ 131–134, Dec. 29, 2022, 136 Stat. 5419–5422, provided that:“SEC. 131. DEFINITIONS.“In this chapter [chapter 3 (§§ 131–134) of title I of div. U of Puspan. L. 117–328, enacting this note]:“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
“(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
“(2)Covered veteran.—The term ‘covered veteran’ means a covered veteran under section 1703(span) of title 38, United States Code.
“(3)Pilot program.—The term ‘pilot program’ means the pilot program required under section 132(a).
“(4)Veterans community care program.—The term ‘Veterans Community Care Program’ means the program to furnish hospital care, medical services, and extended care services to covered veterans under section 1703 of title 38, United States Code.
“SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT SELF-SCHEDULING TECHNOLOGY.“(a)Pilot Program.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall commence a pilot program under which covered veterans eligible for hospital care, medical services, or extended care services under subsection (d)(1) of section 1703 of title 38, United States Code, may use a technology that has the capabilities specified in section 133(a) to schedule and confirm medical appointments with health care providers participating in the Veterans Community Care Program.
“(span)Expansion or Development of New Technology.—In carrying out the pilot program, the Secretary may expand capabilities of an existing appointment self-scheduling technology of the Department of Veterans Affairs or purchase a new appointment self-scheduling technology.
“(c)Competition.—In contracting for the expansion of capabilities of an existing appointment self-scheduling technology of the Department or the purchase of a new appointment self-scheduling technology under the pilot program, the Secretary shall comply with section 3301 of title 41, United States Code, and award any such contract not later than 270 days after the date of the enactment of this Act.
“(d)Selection of Locations.—The Secretary shall select not fewer than two Veterans Integrated Services Networks of the Department in which to carry out the pilot program.
“(e)Duration of Pilot Program.—“(1)In general.—Except as provided in paragraph (2), the Secretary shall carry out the pilot program for an 18-month period.
“(2)Extension.—The Secretary may extend the duration of the pilot program and may expand the selection of Veterans Integrated Services Networks under subsection (d) if the Secretary determines that the pilot program is reducing the wait times of veterans seeking hospital care, medical services, or extended care services under the Veterans Community Care Program.
“(f)Outreach.—The Secretary shall ensure that veterans participating in the Veterans Community Care Program in Veterans Integrated Services Networks in which the pilot program is being carried out are informed about the pilot program.
“SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES.“(a)In General.—The Secretary of Veterans Affairs shall ensure that the appointment self-scheduling technology used in the pilot program includes the following capabilities:“(1) Capability to self-schedule, modify, and cancel appointments directly online for primary care, specialty care, and mental health care under the Veterans Community Care Program with regard to each category of eligibility under section 1703(d)(1) of title 38, United States Code.
“(2) Capability to support appointments for the provision of health care under the Veterans Community Care Program regardless of whether such care is provided in person or through telehealth services.
“(3) Not fewer than two of the following capabilities:“(A) Capability to view appointment availability in real time to the extent practicable.
“(B) Capability to load relevant patient information from the Decision Support Tool of the Department or any other information technology system of the Department used to determine the eligibility of veterans for health care under section 1703(d)(1) of title 38, United States Code.
“(C) Capability to search for providers and facilities participating in the Veterans Community Care Program based on distance from the residential address of a veteran.
“(D) Capability to filter provider results by clinical expertise, ratings, reviews, sex, languages spoken, and other criteria as determined by the Secretary.
“(E) Capability to provide telephonic and electronic contact information for all such providers that do not offer online scheduling at the time.
“(F) Capability to store and print authorization letters for veterans for health care under the Veterans Community Care Program.
“(G) Capability to provide prompts or reminders to veterans to schedule initial appointments or follow-up appointments.
“(H) Capability to be used 24 hours per day, seven days per week.
“(I) Capability to ensure veterans who self-schedule appointments through the appointment self-scheduling technology have scheduled such appointment with a provider possessing the required specialty and clinical expertise.
“(J) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department and the health record deployed by the Electronic Health Record Modernization program, or any successor information technology system or health record of the Department.
“(K) Capability to integrate with information technology systems of Third Party Administrators.
“(span)Independent Validation and Verification.—“(1)In general.—The Comptroller General of the United States shall evaluate whether the appointment self-scheduling technology used in the pilot program includes the capabilities required under subsection (a) and successfully performs such capabilities.
“(2)Briefing.—Not later than 30 days after the date on which the Comptroller General completes the evaluation under paragraph (1), the Comptroller General shall brief the appropriate congressional committees on such evaluation.
“(c)Certification.—Not later than 18 months after commencement of the pilot program, the Secretary shall certify to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives whether the appointment self-scheduling technology used in the pilot program and any other patient self-scheduling technology developed or used by the Department of Veterans Affairs to schedule appointments under the Veterans Community Care Program as of the date of the certification includes the capabilities required under subsection (a).
“(d)Third Party Administrator Defined.—In this section, 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.
“SEC. 134. REPORT.“Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report that includes—“(1) an assessment by the Secretary of the pilot program during the 180-day period preceding the date of the report, including—“(A) the cost of the pilot program;
“(B) the volume of usage of the appointment self-scheduling technology under the pilot program;
“(C) the quality of the pilot program;
“(D) patient satisfaction with the pilot program;
“(E) benefits to veterans of using the pilot program;
“(F) the feasibility of allowing self-scheduling for different specialties under the pilot program;
“(G) participation in the pilot program by health care providers under the Veterans Community Care Program; and
“(H) such other findings and conclusions with respect to the pilot program as the Secretary considers appropriate; and
“(2) such recommendations as the Secretary considers appropriate regarding—“(A) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department of Veterans Affairs; and
“(B) making the pilot program permanent.”
Support by Department of Veterans Affairs of Maternity Care CoordinationPuspan. L. 117–69, §§ 2, 3, Nov. 30, 2021, 135 Stat. 1495, 1496, provided that:“SEC. 2. DEFINITIONS.“In this Act [enacting this note, provisions set out as a note under section 101 of this title, and provisions not classified to the Code]:“(1)Maternal mortality.—The term ‘maternal mortality’ means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications.
“(2)Postpartum.—The term ‘postpartum’, with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual.
“(3)Pregnancy-associated death.—The term ‘pregnancy-associated death’ means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy.
“(4)Pregnancy-related death.—The term ‘pregnancy-related death’ means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy.
“(5)Racial and ethnic minority group.—The term ‘racial and ethnic minority group’ has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u–6(g)(1)). “(6)Severe maternal morbidity.—The term ‘severe maternal morbidity’ means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.
“SEC. 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION.“(a)Program on Maternity Care Coordination.—“(1)In general.—The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03.
“(2)Training and support.—In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces.
“(span)Authorization of Appropriations.—“(1)In general.—There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1).
“(2)Supplement not supplant.—Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs.
“(c)Definitions.—In this section:“(1)Community maternity care providers.—The term ‘community maternity care providers’ means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs.
“(2)Non-department facilities.—The term ‘non-Department facilities’ has the meaning given that term in section 1701 of title 38, United States Code.”
Administration of Non-Department of Veterans Affairs Health CarePuspan. L. 116–315, title III, § 3103, Jan. 5, 2021, 134 Stat. 5004, provided that:“(a)Certification of Proper Administration of Non-Department Care.—“(1)Review.—“(A)In general.—The Secretary of Veterans Affairs shall conduct a review of the staffing, training, and other requirements necessary to administer section 1703 of title 38, United States Code.
“(B)Elements.—The review conducted under subparagraph (A) shall include, with respect to each medical facility of the Department of Veterans Affairs—“(i) an assessment of the type of positions required to be staffed at the medical facility;
“(ii) the number of such positions authorized;
“(iii) the number of such positions funded;
“(iv) the number of such positions filled; and
“(v) the number of additional such positions required to be authorized.
“(2)Submittal to congress.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], and every 180 days 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) the results of the review conducted under paragraph (1); and
“(B) a certification that the Secretary has established all staffing, training, and other requirements required to be reviewed under such paragraph.
“(span)Scheduling of Appointments.—“(1)Measurement of timeliness for each facility.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall measure, with respect to referrals for non-Department health care originating from medical facilities of the Department, for each such facility—“(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.
“(2)Submissions to congress.—“(A)In general.—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 the data measured under paragraph (1), disaggregated by medical facility.
“(B)Update.—Not less frequently than biweekly, the Secretary shall update the data submitted under subparagraph (A).
“(c)Comptroller General Report.—“(1)Review.—Beginning not later than one year after the date of the enactment of this Act [Jan. 5, 2021], the Comptroller General of the United States shall review compliance by the Secretary with the requirements of this section, including a review of the validity and reliability of data submitted by the Secretary under subsection (span)(2).
“(2)Report.—Not later than three years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the results of the review conducted under paragraph (1).”
Establishment of Women Veteran Training Module for Non-Department of Veterans Affairs Health Care ProvidersPuspan. L. 116–315, title V, § 5203, Jan. 5, 2021, 134 Stat. 5034, provided that:“(a)In General.—Not later than one year after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs shall establish and make available to community providers a training module that is specific to women veterans.
“(span)Training Materials Provided.—Under the training module established and made available to community providers under subsection (a), the Secretary shall provide to community providers the same training materials relating to treatment of women veterans that is provided to health care providers of the Department of Veterans Affairs to ensure that all health care providers treating women veterans have access to the same materials to support competency throughout the community.
“(c)Administration of Training Module.—The Secretary shall administer the training module established under subsection (a) to community providers through an internet website of the Department.
“(d)Annual Report.—Not later than one year after the establishment of the training module under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on—“(1) the utilization by community providers of the training module; and
“(2) the effectiveness of the training module.
“(e)Definitions.—In this section:“(1)Community provider.—The term ‘community provider’ means a non-Department of Veterans Affairs health care provider who provides preauthorized health care to veterans under the laws administered by the Secretary of Veterans Affairs.
“(2)Preauthorized health care.—The term ‘preauthorized health care’ means health care provided to a veteran that is authorized by the Secretary before being provided.”
Continuity of Existing AgreementsPuspan. L. 115–182, title I, § 101(d), June 6, 2018, 132 Stat. 1403, provided that:“(1)In general.—Notwithstanding section 1703 of title 38, United States Code, as amended by subsection (a), the Secretary of Veterans Affairs shall continue all contracts, memorandums of understanding, memorandums of agreements, and other arrangements that were in effect on the day before the date of the enactment of this Act [June 6, 2018] between the Department of Veterans Affairs and the American Indian and Alaska Native health care systems as established under the terms of the Department of Veterans Affairs and Indian Health Service Memorandum of Understanding, signed October 1, 2010, the National Reimbursement Agreement, signed December 5, 2012, arrangements under section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645), and agreements entered into under sections 102 and 103 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146) [38 U.S.C. 1701 note]. “(2)Modifications.—Paragraph (1) shall not be construed to prohibit the Secretary and the parties to the contracts, memorandums of understanding, memorandums of agreements, and other arrangements described in such paragraph from making such changes to such contracts, memorandums of understanding, memorandums of agreements, and other arrangements as may be otherwise authorized pursuant to other provisions of law or the terms of the contracts, memorandums of understanding, memorandums of agreements, and other arrangements.”
Demonstration Projects on Alternatives for Expanding Care for Veterans in Rural AreasPuspan. L. 111–163, title III, § 303, May 5, 2010, 124 Stat. 1149, provided that:“(a)In General.—The Secretary of Veterans Affairs may, through the Director of the Office of Rural Health, carry out demonstration projects to examine the feasibility and advisability of alternatives for expanding care for veterans in rural areas, which may include the following:“(1) Establishing a partnership between the Department of Veterans Affairs and the Centers for Medicare and Medicaid Services of the Department of Health and Human Services to coordinate care for veterans in rural areas at critical access hospitals (as designated or certified under section 1820 of the Social Security Act (42 U.S.C. 1395i–4)). “(2) Establishing a partnership between the Department of Veterans Affairs and the Department of Health and Human Services to coordinate care for veterans in rural areas at community health centers.
“(3) Expanding coordination between the Department of Veterans Affairs and the Indian Health Service to expand care for Indian veterans.
“(span)Geographic Distribution.—The Secretary shall ensure that the demonstration projects carried out under subsection (a) are located at facilities that are geographically distributed throughout the United States.
“(c)Report.—Not later than 2 years after the date of the enactment of this Act [May 5, 2010], the Secretary shall submit a report on the results of the demonstration projects carried out under subsection (a) to—“(1) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
“(2) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
“(d)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2010 and each fiscal year thereafter.”
Pilot Program of Enhanced Contract Care Authority for Health Care Needs of Veterans in Highly Rural AreasPuspan. L. 110–387, title IV, § 403, Oct. 10, 2008, 122 Stat. 4124, as amended by Puspan. L. 111–163, title III, § 308, May 5, 2010, 124 Stat. 1155; Puspan. L. 113–146, title I, § 104, Aug. 7, 2014, 128 Stat. 1766; Puspan. L. 113–175, title IV, § 409(h), Sept. 26, 2014, 128 Stat. 1908; Puspan. L. 114–223, div. A, title II, § 242, Sept. 29, 2016, 130 Stat. 884, provided that:“(a)Pilot Program Required.—“(1)In general.—The Secretary of Veterans Affairs shall conduct a pilot program under which the Secretary provides covered health services to covered veterans through qualifying non-Department of Veterans Affairs health care providers.
“(2)Commencement.—The Secretary shall commence the conduct of the pilot program on the date that is 120 days after the date of the enactment of this Act [Oct. 10, 2008].
“(3)Duration.—A veteran may receive health services under this section during the period beginning on the date specified in paragraph (2) and ending on September 30, 2017.
“(4)Program locations.—The Secretary shall carry out the pilot program at locations in the following Veterans Integrated Service Networks (and such other locations as the Secretary considers appropriate):“(A) Veterans Integrated Service Network 1.
“(B) Veterans Integrated Service Network 6.
“(C) Veterans Integrated Service Network 15.
“(D) Veterans Integrated Service Network 18.
“(E) Veterans Integrated Service Network 19.
“(span)Covered Veterans.—For purposes of the pilot program under this section, a covered veteran is any veteran who—“(1) is—“(A) enrolled in the system of patient enrollment established under section 1705(a) of title 38, United States Code, as of August 1, 2014; or
“(B) eligible for health care under section 1710(e)(3) of such title; and
“(2) resides in a location that is—“(A) more than 60 minutes driving distance from the nearest Department health care facility providing primary care services, if the veteran is seeking such services;
“(B) more than 120 minutes driving distance from the nearest Department health care facility providing acute hospital care, if the veteran is seeking such care; or
“(C) more than 240 minutes driving distance from the nearest Department health care facility providing tertiary care, if the veteran is seeking such care.
“(c)Covered Health Services.—For purposes of the pilot program under this section, a covered health service with respect to a covered veteran is any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under chapter 17 of title 38, United States Code, or any other provision of law.
“(d)Qualifying Non-Department Health Care Providers.—For purposes of the pilot program under this section, an entity or individual is a qualifying non-Department health care provider of a covered health service if the Secretary determines that the entity or individual is qualified to furnish such service to veterans under the pilot program.
“(e)Election.—A covered veteran seeking to be provided covered health services under the pilot program under this section shall submit to the Secretary an application therefor in such form, and containing such information as the Secretary shall specify for purposes of the pilot program.
“(f)Provision of Services Through Contract.—The Secretary shall provide covered health services to veterans under the pilot program under this section through contracts with qualifying non-Department health care providers for the provision of such services.
“(g)Exchange of Medical Information.—In conducting the pilot program under this section, the Secretary shall develop and utilize a functional capability to provide for the exchange of appropriate medical information between the Department and non-Department health care providers providing health services under the pilot program.
“(h)Appointments.—In carrying out the pilot program under this section, the Secretary shall ensure that medical appointments for covered veterans—“(1) are scheduled not later than 5 days after the date on which the appointment is requested; and
“(2) occur not later than 30 days after such date.
“(i)Outreach.—The Secretary shall ensure that covered veterans are informed about the pilot program under this section.
“(j)Use of Existing Contracts.—Notwithstanding any provision of law relating to the use of competitive procedures in entering into contracts, in carrying out the pilot program under this section after the date of the enactment of the Veterans Access, Choice, and Accountability Act of 2014 [Aug. 7, 2014], the Secretary shall make use of contracts entered into under this section before such date or may enter into new contracts.
“(k)Reports.—Not later than the 30 days after the end of each year in which the pilot program under this section is conducted, the Secretary shall submit to the Committee of Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report which includes—“(1) the assessment of the Secretary of the pilot program during the preceding year, including its cost, volume, quality, patient satisfaction, benefit to veterans, and such other findings and conclusions with respect to pilot program as the Secretary considers appropriate; and
“(2) such recommendations as the Secretary considers appropriate regarding—“(A) the continuation of the pilot program;
“(B) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department; and
“(C) making the pilot program permanent.”
Ratification of Medical Services ContractsSection 1503(c) of Puspan. L. 100–687 ratified actions of the Administrator in contracting with facilities other than Veterans’ Administration facilities for furnishing medical services incident to treatment of certain veterans receiving hospital, nursing home, or domiciliary care, who applied for such services during the period beginning July 1, 1988, and ending Nov. 18, 1988.
Puerto Rico Contract Care; Limitation on Incurring of ObligationsPuspan. L. 99–166, title I, § 102(span)(2)–(5), Dec. 3, 1985, 99 Stat. 943, as amended by Puspan. L. 99–272, title XIX, § 19012(c)(5)(B), Apr. 7, 1986, 100 Stat. 382, limited Administrator’s authority to incur obligations for medical services for veterans residing in Puerto Rico during fiscal years 1986 to 1988.
