Ensuring Fair Access to Veterans Healthcare Act
This bill establishes in the Veterans Health Administration an Office of the Ombudsman, which shall:
The Office shall establish a reporting system to collect and analyze complaint data in order to determine how to resolve significant VA medical facility problems.
Each VA medical facility shall have a local ombudsman responsible for carrying out the duties of the Office at such location.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3978
To amend title 38, United States Code, to establish an Ombudsman within
the Veterans Health Administration of the Department of Veterans
Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 5, 2015
Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. McKinley,
Mr. Ben Ray Lujan of New Mexico, and Mr. Pearce) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish an Ombudsman within
the Veterans Health Administration of the Department of Veterans
Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Fair Access to Veterans
Healthcare Act''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN.
(a) Establishment.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of the Ombudsman
``(a) Establishment.--There is established in the Veterans Health
Administration an Office of the Ombudsman (in this section referred to
as the `Office'). The Office shall be headed by an Ombudsman appointed
by the Secretary. The Ombudsman shall report directly to and be under
the general supervision of the Secretary, but shall not report to, or
be subject to supervision by, any other officer of the Department of
Veterans Affairs. Neither the Secretary nor any other such officer may
prevent or prohibit the Ombudsman from carrying out the duties of the
Ombudsman.
``(b) Duties of Office.--The Office shall carry out the following
duties:
``(1) Identify, investigate, and resolve complaints that--
``(A) are made by, or on behalf of, covered
patients; and
``(B) relate to action, inaction, or decisions made
by employees of the Department that may adversely
affect the health, safety, welfare, or rights of
covered patients.
``(2) Assist covered patients in finding patient advocates,
veterans service organizations, or other similar entities to
represent and advocate for the health, safety, welfare, and
rights of the covered patient.
``(3) Inform covered patients of the means of obtaining
assistance described in paragraph (2).
``(4) Ensure that covered patients have regular and timely
access to the services provided by the Office, including with
respect to receiving timely responses to complaints.
``(5) Analyze, monitor, and provide comments and
suggestions to the Secretary with respect to the development
and implementation of actions made by the Secretary relating to
the health, safety, welfare, and rights of covered patients.
``(6) Administer the reporting system described in
subsection (d).
``(7) Provide training to local ombudsmen and volunteers
described in subsection (c).
``(8) Other activities that the Secretary considers
appropriate.
``(c) Local Ombudsmen.--(1) Using amounts otherwise authorized to
be appropriated for the medical facilities of the Department, each
medical facility shall have a local ombudsman responsible for carrying
out the duties of the Office at such location.
``(2) A local ombudsman shall--
``(A) carry out the assistance described in paragraph (2)
of subsection (b) to ensure the protection of the health,
safety, welfare, or rights of covered patients;
``(B) ensure that covered patients have regular, timely
access to the Office, including with respect to receiving
timely responses to complaints described in paragraph (1) of
such subsection;
``(C) identify, investigate, and determine how to resolve
such complaints; and
``(D) train local volunteers from civic organizations to
assist the local ombudsman by working directly with covered
patients to develop individual action plans relating to the
health, safety, welfare, and rights of the covered patient.
``(d) Reporting System.--The Ombudsman shall establish and
administer a uniform reporting system to collect and analyze data
relating to complaints described in subsection (b)(1) in order to
identify to the Secretary and determine how to resolve significant
problems in the medical facilities of the Department.
``(e) Cooperation.--The Secretary shall ensure that each medical
facility of the Department cooperates with the Office in carrying out
this section.
``(f) Annual Report.--The Ombudsman shall submit to the Secretary
and Congress an annual report that contains the following with respect
to the year covered by the report:
``(1) A description of the activities carried out by the
Office.
``(2) An analysis of the data described in subsection (d).
``(3) An evaluation of the problems experienced by, and the
complaints made by or on behalf of, covered patients.
``(4) Recommendations for--
``(A) improving the quality of care and life of
covered patients; and
``(B) protecting the health, safety, welfare, and
rights of covered patients.
``(5) An analysis of the success of the Office, including--
``(A) a description of the services provided to
covered patients as described in subsection (b)(2); and
``(B) an identification of barriers to the Office
for better carrying out the duties of the Office.
``(6) Any comments and suggestions described in subsection
(b)(5).
``(7) Any other information the Ombudsman considers
appropriate.
``(g) Covered Patient Described.--In this section, the term
`covered patient' means an individual who is receiving medical care or
hospital services at a medical facility of the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7310. Office of the Ombudsman.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
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