Veterans Health Care Act of 2006 - Amends federal veterans' benefits provisions to, among other things: (1) authorize the Secretary of Veterans Affairs, in certain cases, to furnish up to 14 days of postnatal care to the newborn child of a woman veteran; (2) revise third-party payer provisions relating to health care furnished through the Department of Veterans Affairs (VA) for spina bifida and associated disabilities in the children of Vietnam veterans; (3) make permanent the homeless veterans' comprehensive services program; (4) include as authorized VA mental health service providers marriage and family therapists and professional mental health counselors; (5) provide a pay level adjustment for the Chief Nursing Officer; (6) authorize VA vs. private contractor cost comparison studies with respect to certain commercial or industrial products; (7) direct the Secretary to expand certain veterans' mental health clinical services and education programs; (8) provide an exception to the confidentiality of VA medical records in the case of possible organ donations; (9) direct the Secretary to expand the National Guard outreach program and telehealth services; (10) allow limited veterans' travel reimbursement in connection with treatment or care for a non-service-connected disability; (11) establish VA blind rehabilitation outpatient specialists; (12) provide priority health care and services for certain veterans affected by Hurricane Katrina; (13) authorize the Secretary to reimburse veterans for certain outstanding emergency treatment expenses for which they remain personally liable; and (14) authorize the Secretary to convey to the city of Fort Thomas, Kentucky, certain property located in the Tower Park area of Fort Thomas.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6185 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6185
To amend title 38, United States Code, to improve health care for
veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2006
Ms. Harris (for herself, Mr. Simmons, and Mr. Bishop of Georgia)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs, and in addition to the Committee on Armed Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve health care for
veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Health
Care Act of 2006''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment or repeal to a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references to title 38, United States Code; table
of contents.
Sec. 2. Care for newborn children of women veterans receiving maternity
care.
Sec. 3. Enhancement of payer provisions for Health care furnished to
certain children of Vietnam veterans.
Sec. 4. Improvements to homeless veterans service providers programs.
Sec. 5. Additional mental Health providers.
Sec. 6. Pay comparability for chief nursing officer, office of nursing
services.
Sec. 7. Cost comparison studies.
Sec. 8. Improvements and expansion of mental Health services.
Sec. 9. Disclosure of medical records.
Sec. 10. Expansion of National Guard Outreach Program.
Sec. 11. Expansion of telehealth services.
Sec. 12. Mental Health data sources report.
Sec. 13. Veterans travel reimbursement for health care.
Sec. 14. Blind rehabilitation outpatient Specialists.
Sec. 15. Compliance report.
Sec. 16. Health care and services for veterans affected by Hurricane
Katrina.
Sec. 17. Reimbursement for certain veterans' outstanding emergency
treatment expenses.
Sec. 18. Conveyance of Federal land in exchange for fair market value
consideration.
Sec. 19. Technical and clerical amendments.
SEC. 2. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING MATERNITY
CARE.
(a) In General.--Chapter 17 is amended by adding at the end the
following new section:
``Sec. 1786. Care for newborn children of women veterans receiving
maternity care
``The Secretary may furnish care to a newborn child of a woman
veteran, who is receiving maternity care furnished by the Department,
for not more than 14 days after the birth of the child if the veteran
delivered the child in a Department facility or in another facility
pursuant to a Department contract for the delivery services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1786. Care for newborn children of women veterans receiving maternity
care.''.
SEC. 3. ENHANCEMENT OF PAYER PROVISIONS FOR HEALTH CARE FURNISHED TO
CERTAIN CHILDREN OF VIETNAM VETERANS.
(a) Health Care for Spina Bifida and Associated Disabilities.--
Section 1803 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) If a payment made by the Secretary for health care under
this section is less than the amount billed for such health care, the
health care provider or agent of the health care provider may, in
accordance with paragraphs (2) through (4), seek payment for the
difference between the amount billed and the amount paid by the
Secretary from a responsible third party to the extent that the
provider or agent would be eligible to receive payment for such health
care from such third party.
``(2) The health care provider or agent may not impose any
additional charge on the beneficiary who received the health care, or
the family of such beneficiary, for any service or item for which the
Secretary has made payment under this section.
``(3) The total amount of payment a health care provider or agent
may receive for health care furnished under this section may not exceed
the amount billed to the Secretary.
``(4) The Secretary, upon request, shall disclose to such third
party information received for the purposes of carrying out this
section.''.
(b) Health Care for Birth Defects and Associated Disabilities.--
Section 1813 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) If payment made by the Secretary for health care under
this section is less than the amount billed for such health care, the
health care provider or agent of the health care provider may, in
accordance with paragraphs (2) through (4), seek payment for the
difference between the amount billed and the amount paid by the
Secretary from a responsible third party to the extent that the
provider or agent would be eligible to receive payment for such health
care from such third party.
``(2) The health care provider or agent may not impose any
additional charge on the beneficiary who received health care, or the
family of such beneficiary, for any service or item for which the
Secretary has made payment under this section.
``(3) The total amount of payment a health care provider or agent
may receive for health care furnished under this section may not exceed
the amount billed to the Secretary.
``(4) The Secretary, upon request, shall disclose to such third
party information received for the purposes of carrying out this
section.''.
SEC. 4. IMPROVEMENTS TO HOMELESS VETERANS SERVICE PROVIDERS PROGRAMS.
(a) Permanent Authority.--Section 2011(a) is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).
(b) Authorization of Appropriations.--
(1) Comprehensive service programs for homeless veterans.--
Section 2013 is amended to read as follows:
``Sec. 2013. Authorization of appropriations
``There are authorized to be appropriated $130,000,000 for fiscal
year 2007 and each subsequent fiscal year to carry out this
subchapter.''.
(2) Homeless veteran service provider technical assistance
program.--Section 2064(b) is amended to read as follows:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for each of fiscal years 2007 through 2012 to
carry out the programs under this section.''.
SEC. 5. ADDITIONAL MENTAL HEALTH PROVIDERS.
(a) Qualifications.--Section 7402(b) is amended--
(1) by redesignating paragraph (10) as paragraph (12); and
(2) by inserting after paragraph (9) the following new
paragraphs:
``(10) Marriage and Family Therapist.--To be eligible to be
appointed to a marriage and family therapist position, a person shall--
``(A) hold a master's degree in marriage and family
therapy, or a comparable degree in mental health, from a
college or university approved by the Secretary; and
``(B) be licensed or certified to independently practice
marriage and family therapy in a State, except that the
Secretary may waive the requirement of licensure or
certification for an individual marriage and family therapist
for a reasonable period of time recommended by the Under
Secretary for Health.
``(11) Licensed Professional Mental Health Counselors.--To be
eligible to be appointed to a licensed professional mental health
counselor position, a person shall--
``(A) hold a master's degree in mental health counseling,
or a related field, from a college or university approved by
the Secretary; and
``(B) be licensed or certified to independently practice
mental health counseling.''.
(b) Report on Marriage and Family Therapy Workload.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary for Health of
the Department of Veterans Affairs 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 provisions of post-traumatic stress disorder treatment
by marriage and family therapists.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the actual and projected workloads in
facilities of the Veterans Readjustment Counseling
Service and the Veterans Health Administration for the
provision of marriage and family counseling for
veterans diagnosed with, or otherwise in need of
treatment for, post-traumatic stress disorder;
(B) the resources available and needed to support
the workload projections described in subparagraph (A);
(C) an assessment by the Under Secretary for Health
of the effectiveness of treatment by marriage and
family therapists; and
(D) recommendations, if any, for improvements in
the provision of such counseling treatment.
SEC. 6. PAY COMPARABILITY FOR CHIEF NURSING OFFICER, OFFICE OF NURSING
SERVICES.
Section 7404 is amended--
(1) in subsection (d), by striking ``subchapter III and
in'' and inserting ``subsection (e), subchapter III, and''; and
(2) by adding at the end the following new subsection:
``(e) The position of Chief Nursing Officer, Office of Nursing
Services, shall be exempt from the provisions of section 7451 of this
title and shall be paid at a rate not to exceed the maximum rate
established for the Senior Executive Service under section 5382 of
title 5, as determined by the Secretary.''.
SEC. 7. COST COMPARISON STUDIES.
(a) Studies Authorized.--
(1) In general.--Notwithstanding section 8110(a)(5) of
title 38, United States Code, the Secretary of Veterans Affairs
may conduct studies to compare the amount that would be
expended if private contractors provided specific commercial or
industrial products and services for the Veterans Health
Administration with the amount that would be expended if the
Department of Veterans Affairs provided such products and
services for the Veterans Health Administration.
(2) Limitation.--In the course of conducting the private-
public cost comparison studies under paragraph (1), a private
contractor may not receive an advantage for a proposal that
would reduce costs for the Department of Veterans Affairs by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Veterans Affairs for health benefits for civilian
employees under chapter 89 of title 5, United States
Code.
(3) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated $15,000,000 to carry out paragraph (1), of
which--
(i) not more than $7,500,000 shall be
available to evaluate activities that have been
performed by employees of the Federal
Government; and
(ii) not more than $7,500,000 shall be
available to evaluate activities that have been
performed by private contractors.
(B) Sunset date.--This paragraph is repealed on
September 30, 2008.
(b) Report.--Not later than March 15, 2008, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report that--
(1) identifies the amount expended by the Department of
Veterans Affairs during fiscal year 2007 to conduct cost
comparison studies, including--
(A) studies conducted in accordance with Office of
Management and Budget Circular A-76; and
(B) studies to identify the most efficient internal
processes for the Department of Veterans Affairs;
(2) summarizes the benefits and burdens of the studies
described in paragraph (1);
(3) analyzes each approach for determining--
(A) the best method of allocating the resources of
the Department of Veterans Affairs; and
(B) the appropriate use of nongovernmental
employees; and
(4) identifies the amount of savings (calculated in terms
of full-time employee reinvestment), if any, to the Department
of Veterans Affairs as a result of--
(A) the private-public cost comparison studies
conducted under subsection (a); and
(B) the Department of Veterans Affairs internal
processes for the same positions.
SEC. 8. IMPROVEMENTS AND EXPANSION OF MENTAL HEALTH SERVICES.
(a) Findings.--Congress makes the following findings:
(1) Mental health treatment capacity at community-based
outpatient clinics remains inadequate and inconsistent, despite
the requirement under section 1706(c) of title 38, United
States Code, that every primary care health care facility of
the Department of Veterans Affairs develop and carry out a plan
to meet the mental health care needs of veterans who require
such services.
(2) In 2001, the minority staff of the Committee on
Veterans' Affairs of the Senate conducted a survey of
community-based outpatient clinics and found that there was no
established systemwide baseline of acceptable mental health
service levels at such clinics.
(3) In February 2005, the Government Accountability Office
reported that the Department of Veterans Affairs had not fully
met any of the 24 clinical care and education recommendations
made in 2004 by the Special Committee on Post-Traumatic Stress
Disorder of the Under Secretary for Health of the Department of
Veterans Affairs.
(b) Clinical Services and Education.--
(1) In general.--The Secretary of Veterans Affairs shall--
(A) expand the number of clinical treatment teams
principally dedicated to the treatment of post-
traumatic stress disorder in medical facilities of the
Department of Veterans Affairs;
(B) expand and improve the services available to
diagnose and treat substance abuse;
(C) expand and improve telehealth initiatives to
provide better access to mental health services in
areas of the country in which the Secretary determines
that a need for such services exist due to the distance
of such locations from an appropriate facility of the
Department of Veterans Affairs;
(D) improve education programs available to primary
care delivery professionals and dedicate such programs
to recognize, treat, and clinically manage veterans
with mental health care needs;
(E) expand the delivery of mental health services
in community-based outpatient clinics of the Department
of Veterans Affairs in which such services are not
available as of the date of enactment of this Act; and
(F) expand and improve the Mental Health Intensive
Case Management Teams for the treatment and clinical
case management of veterans with serious or chronic
mental illness.
(2) Authorization of appropriations.--There are authorized
to be appropriated $95,000,000 in each of fiscal years 2007 and
2008 to improve and expand the treatment services and options
available to veterans in need of mental health treatment from
the Department of Veterans Affairs, of which--
(A) $5,000,000 shall be allocated to carry out
paragraph (1)(A);
(B) $50,000,000 shall be allocated to carry out
paragraph (1)(B);
(C) $10,000,000 shall be allocated to carry out
paragraph (1)(C);
(D) $1,000,000 shall be allocated to carry out
paragraph (1)(D);
(E) $20,000,000 shall be allocated to carry out
paragraph (1)(E); and
(F) $5,000,000 shall be allocated to carry out
paragraph (1)(F).
(c) Required Capacity for Community-Based Outpatient Clinics.--
(1) Accountability for the provision of mental health
services.--The Under Secretary shall take appropriate steps and
provide necessary incentives (including appropriate performance
incentives) to ensure that each Regional Director of the
Veterans Health Administration is encouraged to--
(A) prioritize the provision of mental health
services to veterans in need of such services;
(B) foster collaborative working environments among
clinicians for the provision of mental health services;
and
(C) conduct mental health consultations during
primary care appointments.
(2) Mental health and substance abuse services.--
(A) In general.--The Secretary shall ensure that
each community-based outpatient clinic of the
Department has the capacity to provide, or monitor the
provision of, mental health services to enrolled
veterans in need of such services.
(B) Settings.--In carrying out subparagraph (A),
the Secretary shall ensure that mental health services
are provided through--
(i) a community-based outpatient clinic of
the Department by an employee of the
Department;
(ii) referral to another facility of the
Department;
(iii) contract with an appropriate mental
health professional in the local community; or
(iv) tele-mental health service.
(3) Reporting requirement.--Not later than January 31,
2009, the Secretary of Veterans Affairs shall submit to
Congress a report that--
(A) describes the status and availability of mental
health services at community-based outpatient clinics;
(B) describes the substance of services available
at such clinics; and
(C) includes the ratios between mental health staff
and patients at such clinics.
(d) Cooperation on Mental Health Awareness and Prevention.--
(1) Agreement.--The Secretary of Defense and the Secretary
of Veterans Affairs shall enter into a Memorandum of
Understanding--
(A) to ensure that separating service members
receive standardized individual mental health and
sexual trauma assessments as part of separation exams;
and
(B) that includes the development of shared
guidelines on how to conduct the assessments.
(2) Establishment of joint veterans affairs-department of
defense workgroup on mental health.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense and the Secretary of Veterans Affairs shall
establish a joint workgroup on mental health, which
shall be comprised of not less than seven leaders in
the field of mental health appointed from their
respective departments.
(B) Study.--Not later than one year after the
establishment of the workgroup under subparagraph (A),
the workgroup shall analyze the feasibility, content,
and scope of initiatives related to--
(i) combating stigmas and prejudices
associated with service members who suffer from
mental health disorders or readjustment issues,
through the use of peer counseling programs or
other educational initiatives;
(ii) ways in which the Department of
Veterans Affairs can make its expertise in
treating mental health disorders more readily
available to Department of Defense mental
health care providers;
(iii) family and spousal education to
assist family members of veterans and service
members to recognize and deal with signs of
potential readjustment issues or other mental
health disorders; and
(iv) the seamless transition of service
members who have been diagnosed with mental
health disorders from active duty to veteran
status (in consultation with the Seamless
Transition Task Force and other entities
assisting in this effort).
(C) Report.--Not later than June 30, 2008, the
Secretary of Defense and the Secretary of Veterans
Affairs shall submit to Congress a report containing
the findings and recommendations of the workgroup
established under subparagraph (A).
(e) Primary Care Consultations for Mental Health.--
(1) Guidelines.--The Under Secretary for Health of the
Department of Veterans Affairs shall establish systemwide
guidelines for screening primary care patients for mental
health disorders and illnesses.
(2) Training.--Based upon the guidelines established under
paragraph (1), the Under Secretary shall conduct appropriate
training for clinicians of the Department of Veterans Affairs
to carry out mental health consultations.
(f) Clinical Training and Protocols.--
(1) Findings.--Congress finds that--
(A) the Iraq War Clinician Guide has tremendous
value; and
(B) the Secretary of Defense and the National
Center on Post Traumatic Stress Disorder should
continue to work together to ensure that the mental
health care needs of service members and veterans are
met.
(2) Collaboration.--The National Center on Post Traumatic
Stress Disorder shall collaborate with the Secretary of
Defense--
(A) to enhance the clinical skills of military
clinicians through training, treatment protocols, web-
based interventions, and the development of evidence-
based interventions; and
(B) to promote pre-deployment resilience and post-
deployment readjustment among service members serving
in Operation Iraqi Freedom and Operation Enduring
Freedom.
(3) Training.--The National Center on Post Traumatic Stress
Disorder shall work with the Secretary of Defense to ensure
that clinicians in the Department of Defense are provided with
the training and protocols developed pursuant to paragraph
(2)(A).
(4) Authorization of appropriations.--There are authorized
to be appropriated $2,000,000 for 2007 to carry out this
subsection.
SEC. 9. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical Records.--
Section 5701 is amended by adding at the end the following new
subsection:
``(k)(1)(A) The Secretary may disclose the name and address of any
individual described in subparagraph (C) to an entity described in
subparagraph (B) in order to facilitate the determination by such
entity whether the individual is, or after death will be, a suitable
organ, tissue, or eye donor if--
``(i) the individual is near death (as determined by the
Secretary) or is deceased; and
``(ii) the disclosure is permitted under regulations
promulgated pursuant to section 264 of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
``(B) An entity described in this subparagraph is--
``(i) an organ procurement organization; or
``(ii) an entity that the Secretary has determined--
``(I) is substantially similar in function,
professionalism, and reliability to an organ
procurement organization; and
``(II) should be treated for purposes of this
subsection in the same manner as an organ procurement
organization.
``(C) An individual described in this subparagraph is--
``(i) a member or former member of the Armed Forces; or
``(ii) a dependent of a member or former member of the
Armed Forces.
``(2) In this subsection, the term `organ procurement organization'
has the meaning given the term `qualified organ procurement
organization' in section 371(b) of the Public Health Service Act (42
U.S.C. 273(b)).''
(b) Disclosures From Certain Medical Records.--Section 7332(b)(2)
is amended by adding at the end the following new subparagraph:
``(E) To an entity described in paragraph (1)(B) of section
5701(k) of this title, but only to the extent authorized by
such section.''.
SEC. 10. EXPANSION OF NATIONAL GUARD OUTREACH PROGRAM.
(a) Requirement.--The Secretary of Veterans Affairs shall expand
the total number of personnel employed by the Department of Veterans
Affairs as part of the Readjustment Counseling Service's Global War on
Terrorism Outreach Program (referred to in this section as the
``Program'').
(b) Coordination.--In carrying out subsection (a), the Secretary
shall coordinate participation in the Program by appropriate employees
of the Veterans Benefits Administration and the Veterans Health
Administration.
(c) Information and Assessments.--The Secretary shall ensure that--
(1) all appropriate health, education, and benefits
information is available to returning members of the National
Guard; and
(2) proper assessments of the needs in each of these areas
is made by the Department of Veterans Affairs.
(d) Collaboration.--The Secretary of Veterans Affairs shall
collaborate with appropriate State National Guard officials and provide
such officials with any assets or services of the Department of
Veterans Affairs that the Secretary determines to be necessary to carry
out the Program.
SEC. 11. EXPANSION OF TELEHEALTH SERVICES.
(a) In General.--The Secretary shall increase the number of
Veterans Readjustment Counseling Service facilities capable of
providing health services and counseling through telehealth linkages
with facilities of the Veterans Health Administration.
(b) Plan.--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 plan to implement the requirement under
subsection (a), which shall describe the facilities that will have such
capabilities at the end of each of fiscal years 2006, 2007, and 2008.
SEC. 12. MENTAL HEALTH DATA SOURCES REPORT.
(a) In General.--Not less than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
describing the mental health data maintained by the Department of
Veterans Affairs.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) a comprehensive list of the sources of all such data,
including the geographic locations of facilities of the
Department of Veterans Affairs maintaining such data;
(2) an assessment of the limitations or advantages to
maintaining the current data configuration and locations; and
(3) any recommendations, if any, for improving the
collection, use, and location of mental health data maintained
by the Department of Veterans Affairs.
SEC. 13. VETERANS TRAVEL REIMBURSEMENT FOR HEALTH CARE.
(a) Payments for Certain Additional Medical Care.--Section
111(b)(1) of title 38, United States Code, is amended by adding at the
end the following new subparagraph:
``(G) A veteran whose travel is in connection with
treatment or care for a non-service-connected disability at a
non-Department facility, if the treatment or care--
``(i) is provided upon the recommendation of
medical personnel of a Department medical center or
clinic; and
``(ii) is not available at the Department medical
center or clinic at which such recommendation is
made.''.
(b) Calculation of Expenses of Travel.--
(1) In general.--In calculating expenses of travel for
purposes of the Veterans Beneficiary Travel Program, the
Secretary of Veterans Affairs shall use the mileage
reimbursement rates for the use of privately owned vehicles by
Government employees on official business, as prescribed by the
Administrator of General Services under section 5707(b) of
title 5, United States Code.
(2) Definition.--In this subsection, the term ``Veterans
Beneficiary Travel Program'' means the program of payment or
reimbursement for necessary expenses of travel of veterans and
their beneficiaries prescribed under sections 111 and 1728 of
title 38, United States Code, and under any other provision of
law administered by the Secretary of Veterans Affairs for
payment or reimbursement for such expenses of travel.
(c) Effective Date.--Subparagraph (G) of section 111(b)(1) of title
38, United States Code, as added by subsection (a), and the provisions
of subsection (b) shall apply with respect to travel performed after
the end of the 60-day period beginning on the date of the enactment of
this Act.
SEC. 14. BLIND REHABILITATION OUTPATIENT SPECIALISTS.
(a) Findings.--Congress makes the following findings:
(1) There are approximately 135,000 blind veterans
throughout the United States, including approximately 35,000
who are enrolled in the health-care system of the Department of
Veterans Affairs. An aging veteran population and injuries
incurred in Operation Iraqi Freedom and Operation Enduring
Freedom are increasing the number of blind veterans.
(2) Since 1996, when the Department of Veterans Affairs
hired its first 14 blind rehabilitation outpatient specialists
(referred to in this section as ``Specialists''), Specialists
have been a critical part of the continuum of care for blind
and visually impaired veterans.
(3) The Department of Veterans Affairs operates 10
residential blind rehabilitation centers that are considered
among the best in the world. These centers have had long
waiting lists, with as many as 1,500 blind veterans waiting for
openings in 2004.
(4) Specialists provide--
(A) critically needed services to veterans who are
unable to attend residential centers or are waiting to
enter such a program;
(B) a range of services, including training with
living skills, mobility, and adaptation of manual
skills; and
(C) pre-admission screening and follow-up care for
blind rehabilitation centers.
(5) There are not enough Specialist positions to meet the
increased numbers and needs of blind veterans.
(b) Establishment of Specialist Positions.--Not later than 30
months after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish a Specialist position at not fewer
than 35 facilities of the Department of Veterans Affairs at which such
a position does not exist as of the date of the enactment of this Act.
(c) Selection of Facilities.--In identifying the most appropriate
facilities at which a Specialist position shall be established pursuant
to subsection (b), the Secretary shall--
(1) give priority to facilities with large numbers of
enrolled legally blind veterans;
(2) ensure that each facility does not have such a
position; and
(3) ensure that each facility is in need of the services of
such Specialists.
(d) Coordination.--The Secretary shall coordinate the provision of
blind rehabilitation services for veterans with services for the care
of the visually impaired offered by State and local agencies,
especially if such State and local agencies can provide similar
services to veterans in settings located closer to the residences of
such veterans.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000 for each of the
fiscal years 2007 through 2012.
SEC. 15. COMPLIANCE REPORT.
Section 1706(b)(5)(A) is amended by striking ``2004'' and inserting
``2007''.
SEC. 16. HEALTH CARE AND SERVICES FOR VETERANS AFFECTED BY HURRICANE
KATRINA.
(a) Requirement for Hospital Care and Medical Services for Priority
8 Veterans Affected by Hurricane Katrina.--
(1) In general.--Notwithstanding any other provision of law
and any notwithstanding any previous decisions made by the
Secretary of Veterans Affairs pursuant to chapter 17 of title
38 United States Code, the Secretary shall provide necessary
medical and health care services to any veteran affected by
Hurricane Katrina as if such veteran was enrolled for care
under section 1705 of title 38, United States Code.
(2) Status of veterans.--For purposes of managing the
health care system, as required under section 1705 of title 38,
United States Code, a veteran who seeks care under paragraph
(1) shall not be considered to be an enrollee of the health
care system under such section unless the Secretary
subsequently designates such a veteran as such an enrollee.
(b) Prohibition on Collection of Copayments for Veterans Affected
by Hurricane Katrina.--In furnishing hospital care and medical services
to any veteran affected by Hurricane Katrina, the Secretary shall not
collect from, or with respect to, such veteran any payment for such
care and services otherwise required under any provision of law,
including any copayment for medications otherwise required under
section 1722A of title 38, United States Code.
(c) Definition.--In this section, the term ``veteran affected by
Hurricane Katrina'' means any veteran who, as of August 29, 2005,
resided in the catchment region of the Department of Veterans Affairs
medical center in--
(1) New Orleans, Louisiana;
(2) Biloxi, Mississippi; or
(3) Gulfport, Mississippi.
(d) Sunset Provision.--The authority under this section shall
expire on January 31, 2007.
SEC. 17. REIMBURSEMENT FOR CERTAIN VETERANS' OUTSTANDING EMERGENCY
TREATMENT EXPENSES.
(a) In General.--Subchapter III of chapter 17 is amended by
inserting after section 1725 the following new section:
``Sec. 1725A. Reimbursement for emergency treatment expenses for which
certain veterans remain personally liable
``(a)(1) Subject to subsection (c), the Secretary may reimburse a
veteran described in subsection (b) for expenses resulting from
emergency treatment furnished to the veteran in a non-Department
facility for which the veteran remains personally liable.
``(2) In any case in which reimbursement is authorized under
subsection (a)(1), the Secretary, in the Secretary's discretion, may,
in lieu of reimbursing the veteran, make payment--
``(A) to a hospital or other health care provider that
furnished the treatment; or
``(B) to the person or organization that paid for such
treatment on behalf of the veteran.
``(b) A veteran referred to in subsection (a) is an individual
who--
``(1) is enrolled in the health care system established
under section 1705(a) of this title;
``(2) received care under this chapter during the 24-month
period preceding the furnishing of such emergency treatment;
``(3) is entitled to care or services under a health-plan
contract that partially reimburses the cost of the veteran's
emergency treatment;
``(4) is financially liable to the provider of emergency
care treatment for costs not covered by the veteran's health-
plan contract, including copayments and deductibles; and
``(5) is not eligible for reimbursement for medical care or
services under section 1725 or 1728 of this title.
``(c)(1) Any amount paid by the Secretary under subsection (a)
shall exclude the amount of any payment the veteran would have been
required to make to the United States under this chapter if the veteran
had received the emergency treatment from the Department.
``(2) The Secretary may not provide reimbursement under this
section with respect to any item or service--
``(A) provided or for which payment has been made, or can
reasonably be expected to be made, under the veteran's health-
plan contract; or
``(B) for which payment has been made or can reasonably be
expected to be made by a third party.
``(3)(A) Payment by the Secretary under this section on behalf of a
veteran to a provider of emergency treatment shall, unless rejected and
refunded by the provider within 30 days of receipt, extinguish any
liability on the part of the veteran for that treatment.
``(B) The absence of a contract or agreement between the Secretary
and the provider, any provision of a contract or agreement, or an
assignment to the contrary shall not operate to modify, limit, or
negate the requirement under subparagraph (A).
``(4) In accordance with regulations prescribed by the Secretary,
the Secretary shall--
``(A) establish criteria for determining the amount of
reimbursement (which may include a maximum amount) payable
under this section; and
``(B) delineate the circumstances under which such payment
may be made, including requirements for requesting
reimbursement.
``(d)(1) In accordance with regulations prescribed by the
Secretary, the United States shall have the independent right to
recover any amount paid under this section if, and to the extent that,
a third party subsequently makes a payment for the same emergency
treatment.
``(2) Any amount paid by the United States to the veteran, the
veteran's personal representative, successor, dependents, or survivors,
or to any other person or organization paying for such treatment shall
constitute a lien in favor of the United States against any recovery
the payee subsequently receives from a third party for the same
treatment.
``(3) Any amount paid by the United States to the provider that
furnished the veteran's emergency treatment shall constitute a lien
against any subsequent amount the provider receives from a third party
for the same emergency treatment for which the United States made
payment.
``(4) The veteran or the veteran's personal representative,
successor, dependents, or survivors shall--
``(A) ensure that the Secretary is promptly notified of any
payment received from any third party for emergency treatment
furnished to the veteran;
``(B) immediately forward all documents relating to a
payment described in subparagraph (A);
``(C) cooperate with the Secretary in an investigation of a
payment described in subparagraph (A); and
``(D) assist the Secretary in enforcing the United States
right to recover any payment made under subsection (c)(3).
``(e) The Secretary may waive recovery of a payment made to a
veteran under this section that is otherwise required under subsection
(d)(1) if the Secretary determines that such waiver would be in the
best interest of the United States, as defined by regulations
prescribed by the Secretary.
``(f) For purposes of this section--
``(1) The term `health-plan contract' includes--
``(A) an insurance policy or contract, medical or
hospital service agreement, membership or subscription
contract, or similar arrangement, under which health
services for individuals are provided or the expenses
of such services are paid;
``(B) an insurance program described in section
1811 of the Social Security Act (42 U.S.C. 1395c) or
established by section 1831 of that Act (42 U.S.C.
1395j);
``(C) a State plan for medical assistance approved
under title XIX of such Act (42 U.S.C. 1396 et seq.);
and
``(D) a workers' compensation law or plan described
in section 1729(A)(2)(B) of this title.
``(2) The term `third party' means--
``(A) a Federal entity;
``(B) a State or political subdivision of a State;
``(C) an employer or an employer's insurance
carrier; and
``(D) a person or entity obligated to provide, or
pay the expenses of, such emergency treatment.
``(3) The term `emergency treatment' has the meaning given
such term in section 1725 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1725 the following new item:
``1725A. Reimbursement for emergency treatment expenses for which
certain veterans remain personally
liable.''.
SEC. 18. CONVEYANCE OF FEDERAL LAND IN EXCHANGE FOR FAIR MARKET VALUE
CONSIDERATION.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Fort Thomas,
Kentucky.
(2) Fair market value consideration.--The term ``fair
market value consideration'' means the monetary value of the
Federal land as of the date of conveyance under subsection (b),
as determined by the Secretary.
(3) Federal land.--The term ``Federal land'' means an
approximately 11.75 acre parcel of federally-owned property,
including the 15 structures located on such property, which is
managed by the Department of Veterans Affairs and located in
the northeastern portion of Tower Park in the City.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(b) In General.--Subject to valid existing rights, easements, and
rights-of-way, the Secretary may convey all right, title, and interest
of the United States in and to the Federal land to the City in exchange
for fair market value consideration.
(c) Release From Liability.--Effective on the date of conveyance to
the City of the parcel of Federal land under subsection (b), the United
States shall not be liable for damages arising out of any act,
omission, or occurrence relating to the Federal land and facilities
conveyed, but shall continue to be liable for damages caused by acts of
negligence committed by the United States or by any employee or agent
of the United States before the date of conveyance, consistent with
chapter 171 of title 28, United States Code.
(d) Administrative Costs.--All administrative costs relating to the
conveyance of the Federal land under subsection (b) shall be paid by
the City to the United States.
SEC. 19. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 38, United States Code.--Title 38, United States Code, is
amended as follows:
(1) Typographical error.--Section 1117(h)(1) is amended by
striking ``nothwithstanding'' and inserting
``notwithstanding''.
(2) Insertion of missing word.--Section 1513(a) is amended
by inserting ``section'' after ``prescribed by''.
(3) Citation correction.--Section 1718(c)(2) is amended by
inserting ``of 1938'' after ``Act''.
(4) Citation correction.--Section 1785(b)(1) is amended by
striking ``Robert B.'' and inserting ``Robert T.''.
(5) Punctuation correction.--Section 2002(1) is amended by
inserting a closing parenthesis before the period at the end.
(6) Punctuation correction.--Section 2011(a)(1)(C) is
amended by inserting a period at the end.
(7) Cross reference correction.--Section 2041(a)(3)(A)(i)
is amended by striking ``under this chapter'' and inserting
``established under section 3722 of this title''.
(8) Deletion of extra words.--Section 3012(a)(1)(C)(ii) is
amended by striking ``on or''.
(9) Cross reference correction.--Section 3017(b)(1)(D) is
amended by striking ``3011(c)'' and inserting ``3011(e)''.
(10) Stylistic amendments.--Section 3018A is amended--
(A) in subsections (b) and (c), by striking ``of
this section'' each place it appears;
(B) in subsections (a)(4), (a)(5), (d)(1), and
(d)(3) by striking ``of this subsection'' each place it
appears; and
(C) in subsection (d)(3), by striking ``of this
chapter'' and inserting ``of this title''.
(11) Cross reference correction.--Section 3117(b)(1) is
amended--
(A) by striking ``section 8'' and inserting
``section 4(b)(1)''; and
(B) by striking ``633(b)'' and inserting
``633(b)(1)''.
(12) Insertion of missing word.--Section 3511(a)(1) is
amended by inserting ``sections'' after ``under both''.
(13) Subsection headings.--
(A) Sections 3461, 3462, 3481, 3565, 3680, and 3690
are each amended by revising each subsection heading
for a subsection therein (appearing as a centered
heading immediately before the text of the subsection)
so that such heading appears immediately after the
subsection designation and is set forth in capitals-
and-small-capitals typeface, followed by a period and a
one-em dash.
(B) Section 3461(c) is amended by inserting after
the subsection designation the following: ``Duration of
Entitlement.--''.
(C) Section 3462 is amended--
(i) in subsection (d), by inserting after
the subsection designation the following:
``Prisoners of War.--''; and
(ii) in subsection (e), by inserting after
the subsection designation the following:
``Termination of Assistance.--''.
(14) Cross reference correction.--Section 3732(c)(10)(D) is
amended by striking ``clause (B) of paragraphs (5), (6), (7),
and (8) of this subsection'' and inserting ``paragraphs (5)(B),
(6), (7)(B), and (8)(B)''.
(15) Date of enactment reference.--Section 3733(a)(7) is
amended by striking ``the date of the enactment of the
Veterans' Benefits Act of 2003'' and inserting ``December 16,
2003''.
(16) Repeal of obsolete provisions.--Section 4102A(c)(7) is
amended--
(A) by striking ``With respect to program years
beginning during or after fiscal year 2004, one percent
of'' and inserting ``Of''; and
(B) by striking ``for the program year'' and
inserting ``for any program year, one percent''.
(17) Repeal of obsolete provisions.--Section 4105(b) is
amended--
(A) by striking ``shall provide,'' and all that
follows through ``Affairs with'' and inserting ``shall,
on the 15th day of each month, provide the Secretary
and the Secretary of Veterans Affairs with updated
information regarding''; and
(B) by striking ``and shall'' and all that follows
through ``regarding the list''.
(18) Citation correction.--Section 4110B is amended--
(A) by striking ``this Act'' and inserting ``the
Workforce Investment Act of 1998''; and
(B) by striking ``the Workforce Investment Act of
1998'' and inserting ``that Act (29 U.S.C. 2822(b))''.
(19) Cross-reference correction.--Section 4331(b)(2)(C) is
amended by striking ``section 2303(a)(2)(C)(ii)'' and inserting
``section 2302(a)(2)(C)(ii)''.
(20) Capitalization correction.--Section 7253(d)(5) is
amended by striking ``court'' and inserting ``Court''.
(21) Citation correction.--Section 8111(b)(1) is amended by
striking ``into the strategic'' and all that follows through
``and Results Act'' and inserting ``into the strategic plan of
each Department under section 306 of title 5 and the
performance plan of each Department under section 1115 of title
31''.
(22) Repeal of obsolete provisions.--Section 8111 is
amended further--
(A) in subsection (d)--
(i) in paragraph (2), by striking
``effective October 1, 2003,''; and
(ii) in paragraph (3)(A), by striking the
last sentence; and
(B) in subsection (e)(2)--
(i) in the second sentence, by striking
``shall be implemented no later than October 1,
2003, and''; and
(ii) in the third sentence, by striking ``,
following implementation of the schedule,''.
(23) Citation correction.--Section 8111A(a)(2)(B)(i) is
amended by striking ``Robert B.'' and inserting ``Robert T.''.
(b) Public Law 107-296.--
(1) In general.--Section 1704(d) of the Homeland Security
Act of 2002 (Public Law 107-296; 116 Stat. 2315) is amended--
(A) by striking ``101(25)(d)'' and inserting
``101(25)(D)''; and
(B) by striking ``3011(a)(1)(A)(ii)(II)'' and
inserting ``3011(a)(1)(A)(ii)(III)''.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as of November 25, 2002.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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