Never Again Act

Never Again Act

This bill requires the Department of Veterans Affairs (VA), upon the request of a veteran who is enrolled in the VA health care system and entitled to in-patient psychiatric care, to furnish such veteran with in-patient psychiatric care at: (1) the VA facility that is closest to where the veteran resides and that has the capacity and capability to provide such care, or (2) at a non-VA facility if the VA facility lacks such capacity or capability.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6108 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6108

To amend title 38, United States Code, to ensure that certain veterans 
   receive in-patient psychiatric care provided by the Department of 
                           Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2016

 Mr. Loebsack (for himself, Mr. Stivers, Mrs. Bustos, Ms. Gabbard, Mr. 
  Weber of Texas, Mr. Jones, Mr. Honda, Mr. Gallego, Mr. Rangel, Mr. 
Serrano, Mr. Curbelo of Florida, Mr. Thompson of California, Mr. Walz, 
   Mr. Marino, Mr. Cooper, Mr. Swalwell of California, Mr. Blum, Mr. 
  Rooney of Florida, Mrs. Napolitano, Mr. Denham, Mr. Hunter, and Mr. 
   Sablan) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to ensure that certain veterans 
   receive in-patient psychiatric care provided by 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 ``Never Again Act''.

SEC. 2. PROVISION OF IN-PATIENT PSYCHIATRIC CARE FOR VETERANS.

    (a) In General.--Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1720G the following new section:
``Sec. 1720H. Provision of in-patient psychiatric care
    ``(a) Requirement To Furnish Care.--Except as provided by 
subsection (b), upon the request of a covered veteran, the Secretary 
shall furnish, or continue to furnish, to the covered veteran in-
patient psychiatric care at the facility of the Department that--
            ``(1) is closest to where the veteran resides; and
            ``(2) has the capacity and capability to provide such care.
    ``(b) Non-Department Facilities.--(1) If the Secretary determines, 
on a case-by-case basis, that a facility of the Department does not 
have the capability or capacity to furnish in-patient psychiatric care 
to a covered veteran pursuant to subsection (a), the Secretary shall 
furnish such care to such veteran at a non-Department facility.
    ``(2) For purposes of determining the rates of reimbursement for a 
non-Department facility that furnishes in-patient psychiatric care 
pursuant to paragraph (1), the Secretary shall treat such non-
Department facility as a health care provider being reimbursed pursuant 
to section 101(d)(2) of the Veterans Access, Choice, and Accountability 
Act of 2014 (Public Law 113-146).
    ``(c) Covered Veteran Defined.--In this section, the term `covered 
veteran' means a veteran who is--
            ``(1) enrolled in the health care system established under 
        section 1705(a) of this title; and
            ``(2) entitled to in-patient psychiatric care furnished by 
        the Secretary under this chapter.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1704 the following new item:

``1720H. Provision of in-patient psychiatric care.''.
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