Mike Bost
Representative for Illinois · Republican · United States
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
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“Section 1703(a) of title 38, United States Code, as amended by section 602(a), is further amended by adding at the end the following new paragraph: ``(7) When authorizing care or services under this section, the Secretary shall ensure that the period during which such care or services may be performed by a health care provider specified in subsection (c) begins on the date that the covered veteran has the first appointment with such provider.''. SEC. 609. UPDATES TO CONTRACTING REQUIREMENTS UNDER VETERANS COMMUNITY CARE PROGRAM.”
“(b) Form of Information.--Information provided under subsection (a)-- [[Page H4590]] (1) may be provided electronically; and (2) shall be documented in the health record of the veteran. (c) Opt Out.--The Secretary shall permit a veteran to opt out of receiving information under subsection (a). SEC. 608. ESTABLISHMENT OF PERIOD DURING WHICH A REFERRAL UNDER VETERANS COMMUNITY CARE PROGRAM REMAINS VALID.”
“SEC. 607. INFORMATION ON WAIT TIME AND DRIVE TIME OPTIONS FOR RECEIPT OF CARE BY VETERANS. (a) In General.--To the greatest extent practicable, the Secretary of Veterans Affairs shall ensure that veterans are informed in writing, for each episode of care provided under the laws administered by the Secretary, of current wait time and average drive time options for such episode of care disaggregated by care provided-- (1) in person at a facility of the Department of Veterans Affairs; (2) via telehealth through a provider of the Department; (3) in person through the nearest suitable non-Department facility with which the Department has a provider agreement or other arrangement for non-Department care pursuant to section 1703 of title 38, United States Code; and (4) via telehealth through a non-Department provider with which the Department has a provider agreement or other arrangement for non-Department care pursuant to such section with the shortest wait time.”
“Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter for the following five years, the Secretary of Veterans Affairs shall-- (1) conduct an audit, for the one-year period preceding the audit, of-- (A) the number of veterans eligible for care or services under section 1703 of title 38, United States Code, and the reasons for such eligibility, including multiple such reasons for veterans eligible under more than one eligibility criteria; (B) with respect to veterans eligible for care or services under section 1703 of title 38, United States Code, the number of veterans who are informed of such eligibility; (C) the number of veterans who opt to seek care or services under such section; (D) the number of veterans who do not opt to seek care or services under such section; (E) the timeliness of referrals for care or services under such section and the timeliness of receipt of such care or services, including whether care or services received by the veteran through a non-Department of Veterans Affairs provider had a shorter wait time than the average wait time for such care or services at a facility of the Department; (F) the number of requests for an appeal of a denial of care or services under such section using the clinical appeals process of the Veterans Health Administration; (G) the timeliness of each such appeal; and (H) the outcome of each such appeal; and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the audit conducted under paragraph (1).”
“``(ii) The Secretary shall provide to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, upon request, all records, memoranda, and communications relevant to any suspension or reinstatement action taken under this paragraph, in accordance with applicable laws related to privacy, ongoing investigations, or sensitive law enforcement information. ``(iii) Failure by the Secretary to provide notice under clause (i) shall be treated as a failure to comply with a statutory reporting requirement.''. SEC. 606. AUDIT OF REPRESENTATIVE SAMPLE OF VETERANS RECEIVING CARE AND SERVICES UNDER VETERANS COMMUNITY CARE PROGRAM.”
“``(G)(i) Not less frequently than quarterly, 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 written notification of the suspensions entered into, if any, during the preceding quarter that includes-- ``(I) the identity of the suspended entity or provider; ``(II) the statutory or regulatory basis for the suspension; ``(III) a summary of the factual findings or evidence supporting the action; and ``(IV) the status of any related investigation of or referral to the Office of Inspector General of the Department or any other appropriate Federal agency.”
“``(ii) Any extension under clause (i) of a suspension shall-- ``(I) be for an additional period of not longer than one year; and ``(II) shall be reported to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ``(D) The Secretary shall establish procedures for reinstatement of an entity or provider suspended under subparagraph (A) following the resolution of any fraud- related investigation or proceeding. ``(E) The Secretary shall coordinate actions under this paragraph with the Office of Inspector General of the Department. ``(F) The Secretary shall prescribe regulations to carry out this paragraph, including standards of evidence, notice, and appeal procedures.”
“``(B) Before imposing a suspension under subparagraph (A) with respect to an entity or provider, the Secretary shall-- ``(i) provide written notice to the entity or provider identifying the basis for the proposed suspension; ``(ii) afford the entity or provider an opportunity to respond within a period of 30 days; and ``(iii) consider any evidence or explanation submitted by the entity or provider. ``(C)(i) The Secretary shall take all necessary actions to resolve a suspension under subparagraph (A) as soon as possible and not later than one year after the date of such suspension unless the Secretary determines and provides a written determination that an extension beyond one year is strictly necessary to protect the interests of veterans and taxpayers and to preserve the integrity of the health care delivery system of the Department.”
“``(2) No health care entity or provider may seek payment from a patient if the health care entity or provider failed to comply with the timely filing requirement set forth in paragraph (1).''; and (3) in subsection (c), by adding at the end the following new paragraph: ``(3)(A) If the Secretary determines, based on reliable evidence, that a health care entity or provider has submitted or caused to be submitted a fraudulent claim for payment under this chapter, the Secretary may suspend such entity or provider from furnishing hospital care, medical services, or extended care services under this chapter.”
“Section 1703D of title 38, United States Code, is amended-- (1) in subsection (a)(2), by striking ``the reason for denying the claim and what, if any, additional information is required to process the claim'' and inserting ``the reason for denying the claim and request additional missing information, if any, that is required to process the claim''; (2) by amending subsection (b) to read as follows: ``(b) Submittal of Claims by Health Care Entities and Providers.--(1) A health care entity or provider that furnishes hospital care, a medical service, or an extended care service under this chapter pursuant to a contract, agreement, or other arrangement shall submit to the Secretary a claim for payment for furnishing the hospital care, medical service, or extended care service not later than one year after the date on which the entity or provider furnished the hospital care, medical service, or extended care service.”
“``(2) Nothing in paragraph (1) shall be construed to prohibit a health care provider specified in subsection (c) from furnishing hospital care, medical services, or extended care services under this section via telehealth.''. SEC. 605. EXTENSION OF DEADLINE FOR SUBMITTAL OF CLAIMS BY HEALTH CARE ENTITIES AND PROVIDERS UNDER PROMPT PAYMENT STANDARD.”
“Section 1703 of title 38, United States Code, is amended-- (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following new subsection (q): ``(q) Discussion of Options for Telehealth.--(1) When discussing options for care or services for a covered veteran under this section, the Secretary shall ensure that the veteran is informed of the ability of the veteran to seek care or services via telehealth, either through a medical facility of the Department or through a non-Department provider, if-- ``(A) telehealth is-- ``(i) available to the veteran; ``(ii) appropriate for the type of care or services the veteran is seeking, as determined by the Secretary; and ``(iii) is acceptable to the veteran; or ``(B) the care or services the veteran is seeking is only or primarily available through telehealth.”
“``(G) Whether the covered veteran needs an attendant to provide required aid or assistance to the veteran, including for the veteran to travel to a facility of the Department.''; and (2) by adding at the end the following new paragraph: ``(5) The Secretary shall ensure that consideration of the factors specified in paragraph (2) includes consideration of all relevant factors, is driven by clinical need, and that no single factor is required to be determinative when considering the best medical interest of a covered veteran.''. SEC. 604. DISCUSSION OF TELEHEALTH OPTIONS UNDER VETERANS COMMUNITY CARE PROGRAM.”
“CONSIDERATION UNDER VETERANS COMMUNITY CARE PROGRAM OF CONTINUITY OF CARE AND NEED FOR CAREGIVER OR ATTENDANT. Section 1703(d) of title 38, United States Code, is amended-- (1) in paragraph (2), by adding at the end the following new subparagraphs: ``(F) The potential for improved continuity of care, including if a veteran has an established relationship with a non-Department provider and the likelihood of the covered veteran to seek and complete recommended care, including if the veteran would abstain from seeking such care if required to seek such care at a facility of the Department.”
“``(D) Any notification under this paragraph may be provided electronically.''. (b) Reports to Congress.-- Not later than one year after the date of the enactment of [[Page H4589]] this Act, and not less frequently than annually thereafter for a period of five years, 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 on the implementation of the amendments made by subsection (a), including-- (1) an assessment of the timeliness of the notifications required by those amendments; (2) a description of barriers to increasing the timeliness of those notifications; and (3) the number of veterans who opt out of receiving those notifications. SEC. 603.”
“``(6)(A) If a request by a veteran for the Secretary to authorize care or services under this section is denied, except as provided in subparagraph (C), the Secretary shall notify the veteran in writing as soon as possible but not later than five days after the denial is made-- ``(i) of the reason for the denial; and ``(ii) with instructions on how to appeal such denial using the clinical appeals process of the Veterans Health Administration. ``(B) If a denial under subparagraph (A) is due to the Secretary meeting the eligibility access standards under section 1703B(a) of this title, notice under such subparagraph shall include an explanation of how the Secretary met such standards. ``(C) The Secretary shall allow a covered veteran to opt out of receiving notification under subparagraph (A).”
“``(iii) The Secretary shall allow a covered veteran to opt out of receiving notification under clause (i). ``(B) With respect to each covered veteran eligible for care or services under subsection (d), and consistent with subparagraph (A), the Secretary shall provide such veteran periodic reminders, as applicable and as the Secretary determines appropriate, of their ongoing eligibility under such subsection. ``(C) Any notification or reminder under this paragraph may be provided electronically.”
“REQUIREMENT THAT SECRETARY NOTIFY VETERANS OF ELIGIBILITY FOR CARE OR DENIAL OF REQUEST FOR CARE UNDER VETERANS COMMUNITY CARE PROGRAM. (a) In General.--Section 1703(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A)(i) Except as provided in clause (iii), the Secretary shall notify each covered veteran in writing of the eligibility of such veteran for care or services under this section as soon as possible but not later than five days after the date on which the Secretary is aware that the veteran is seeking care or services and is eligible for such care or services under this section. ``(ii) The Secretary is required to notify a covered veteran under clause (i) only at the start of an episode of care for such veteran.”
“(b) Conforming Amendments.--Section 1703(d) of such title is amended-- (1) in paragraph (1)(D), by striking ``designated access standards developed by the Secretary under section 1703B of this title'' and inserting ``eligibility access standards under section 1703B(a) of this title''; (2) in paragraph (3), by striking ``designated access standards developed by the Secretary under section 1703B of this title'' and inserting ``eligibility access standards under section 1703B(a) of this title''; and (3) in paragraph (4), by striking ``designated access standards developed by the Secretary under section 1703B of this title'' and inserting ``eligibility access standards under section 1703B(a) of this title''. SEC. 602.”
“``(2) Chapter 10 of title 5 shall not apply to the consultation required by paragraph (1)(A).''; (2) by striking subsection (g); (3) by redesignating subsections (f), (h), and (i) as subsections (d), (e), and (f), respectively; (4) in subsection (d), as redesignated by paragraph (3)-- (A) by striking ``established'' each place it appears; and (B) in paragraph (1), by striking ``(1) Subject to'' and inserting ``Compliance by Community Care Providers With Access Standards.--(1) Subject to''; (5) in subsection (e), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``(1) Consistent with'' and inserting ``Determination Regarding Eligibility.--(1) Consistent with''; and (ii) by striking ``designated access standards established under this section'' and inserting ``eligibility access standards under subsection (a)''; and (B) in paragraph (2)(B), by striking ``designated access standards established under this section'' and inserting ``eligibility access standards under subsection (a)''; and (6) in subsection (f), as redesignated by paragraph (2)-- (A) in the matter preceding paragraph (1), by striking ``In this section'' and inserting ``Definitions.--In this section''; and (B) in paragraph (2)-- (i) by striking ``covered veterans'' and inserting ``covered veteran''; (ii) by striking ``veterans described'' and inserting ``a veteran described''; (iii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (iv) by inserting after paragraph (2) the following new paragraph (3): ``(3) The term `covered treatment program' has the meaning given such term in section 1791 of this title.''.”
“``(c) Periodic Review of Access Standards.--(1) Not later than three years after the date of the enactment of the Take Care of America's Veterans Act, and not less frequently than once every three years thereafter, the Secretary shall-- ``(A) conduct a review of the eligibility access standards under subsection (a) in consultation with-- ``(i) such Federal entities as the Secretary considers appropriate, including the Department of Defense, the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services; ``(ii) entities and individuals in the private sector, including-- ``(I) veteran patients; ``(II) representatives of veterans, including individual veterans and participants from veteran stakeholder organizations selected through an open and transparent process; and ``(III) health care providers participating in the Veterans Community Care Program under section 1703 of this title; and ``(iii) other entities that are not part of the Federal Government; and ``(B) submit to the appropriate committees of Congress a report on-- ``(i) the findings of the Secretary with respect to the review conducted under paragraph (1); and ``(ii) such recommendations as the Secretary may have with respect to the eligibility access standards under subsection (a).”
“``(b) Application.--The Secretary shall ensure that the eligibility access standards established under subsection (a) apply-- ``(1) to all care and services within the medical benefits package of the Department to which a covered veteran is eligible under section 1703 of this title; and ``(2) to all covered veterans, regardless of whether a veteran is a new or established patient.”
“``(D) For purposes of this subsection, the term `joint resolution of approval' means only a joint resolution the matter after the resolving clause of which is as follows: `That Congress approves the access standards established by the Secretary submitted on __ relating to __.', with the first blank space filled by the appropriate date and the second blank space filled with a description of the access standards. ``(E) A joint resolution of approval shall be considered under the expedited procedures outlined in section 802 of title 5 to the same extent as a joint resolution described in subsection (a) of that section is considered.”
“``(C) On and after the date that is eight years after the date of the enactment of the Take Care of America's Veterans Act, the Secretary may not establish access standards for care and services described in subparagraph (A) or (B) of paragraph (1) that are different from the standards set forth in those subparagraphs unless, not later than 180 days before establishing such different standards-- ``(i) the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notification of the intent of the Secretary to establish such different standards, including a description of the changes the Secretary intends to make and the justification for such changes; and ``(ii) a joint resolution of approval is enacted that approves such different standards.”
“``(B) Not later than seven years after the date of the enactment of the Take Care of America's Veterans Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing-- ``(i) an assessment of the effects of the codification of eligibility access standards for primary care, mental health care, non-institutional extended care services, and specialty care under this subsection on the management and oversight of the Veterans Community Care Program under section 1703 of this title; and ``(ii) the recommendation of the Secretary for continued codification of such standards along with a justification for such recommendation.”
“``(4) If a veteran agrees to a longer average drive time or a later date under paragraph (1), the Secretary shall document the agreement to such longer average drive time or later date in the electronic health record of the veteran and provide the veteran a copy of such documentation. Such copy may be provided electronically. ``(5) Paragraph (1)(C) shall not be construed to affect a covered veteran in a covered treatment program pursuant to a determination made on or before the date of the enactment of the Take Care of America's Veterans Act. ``(6)(A) Subject to the provisions of this paragraph, subparagraphs (A) and (B) of paragraph (1) shall terminate on the date that is eight years after the date of the enactment of the Take Care of America's Veterans Act.”
“``(2) For the purposes of determining the ability of the Secretary to schedule an appointment for a covered veteran with a health care provider of the Department under paragraph (1), the Secretary shall not take into consideration the availability of telehealth appointments from the Department. ``(3) In the case of a covered veteran who has had an appointment with a health care provider of the Department canceled by the Department for a reason other than either the request of the veteran or the failure of the veteran to appear as scheduled, in calculating a wait time for a subsequent appointment under the eligibility access standards established under paragraph (1), the Secretary shall calculate such wait time from the date of the request for the original, canceled appointment.”
“``(C) With respect to a covered treatment program, the Secretary must-- ``(i) provide to a covered veteran a screening not later than 48 hours after the date on which the veteran, or a relevant health care provider, makes a documented request for the veteran to be admitted to a covered treatment program; and ``(ii) if the veteran is determined eligible for priority admission to a covered treatment program-- [[Page H4588]] ``(I) admit the veteran to a covered treatment program not later than 48 hours after the date of such determination; or ``(II) give the veteran the option of seeking care at a non-Department facility pursuant to section 1792(e) of this title.”
“``(B) With respect to specialty care, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service-- ``(i) within 60 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and ``(ii) within 28 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.”
“601. CODIFICATION OF REQUIREMENTS FOR ELIGIBILITY STANDARDS FOR ACCESS TO COMMUNITY CARE FROM DEPARTMENT OF VETERANS AFFAIRS. (a) Eligibility Access Standards.--Section 1703B of title 38, United States Code, is amended-- (1) by striking subsections (a) through (e) and inserting the following: ``(a) Access Standards for Community Care.--(1) For purposes of section 1703(d)(1)(D) of this title, the eligibility access standards for hospital care, medical services, or non-institutional extended care services, are as follows: ``(A) With respect to primary care, mental health care, or non-institutional extended care services, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service-- ``(i) within 30 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and ``(ii) within 20 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.”
“(C) Priority.--In awarding a contract under this subsection, the Commission shall give priority to a nonprofit organization that has demonstrated capability and expertise in carrying out the purpose described in subsection (b)(1). (4) Definitions.--In this section: (A) The term ``covered member'' means a deceased member of the Armed Forces who was Jewish and buried-- (i) in a United States military cemetery located outside the United States; and (ii) under a marker that indicates such member was not Jewish. (B) The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. TITLE VI--VETERANS' ASSURING CRITICAL CARE EXPANSIONS TO SUPPORT SERVICEMEMBERS Subtitle A--Improvement of Veterans Community Care Program SEC.”
“Such program shall be known as the ``Fallen Servicemembers Religious Heritage Restoration Program''. (2) Duration.--The Commission shall carry out the Fallen Servicemembers Religious Heritage Restoration Program during the first five fiscal years that begin after the date of the enactment of this Act. (3) Contracts.-- (A) Authority.--During each fiscal year described in subsection (b), the Commission shall seek to enter into a contract with a nonprofit organization under which such nonprofit organization shall carry out the purpose described in subsection (b)(1). (B) Term; amount.--Each contract under this subsection shall be for one year and in the amount of $500,000 to the nonprofit organization.”
“(4) American-Jewish servicemembers who fought and died for the United States must have their heritage properly recognized and honored. (5) The United States Government has a solemn responsibility to ensure that every American servicemember killed in action and buried overseas is properly honored. (6) The work of properly identifying American-Jewish servicemembers buried overseas is vital and integral to the responsibility of the American Battle Monuments Commission to ensure that past mistakes in honoring those servicemembers who died in the line of duty are corrected. (b) Fallen Servicemembers Religious Heritage Restoration Program.-- (1) Establishment.--The American Battle Monuments Commission shall establish a program to identify covered members and to contact survivors and descendants of such covered members.”
“(b) Applicability.--The amendment made by subsection (a) shall apply with respect to an individual who dies on or after January 5, 2021. SEC. 503. FALLEN SERVICEMEMBERS RELIGIOUS HERITAGE RESTORATION PROGRAM. (a) Findings.--Congress finds the following: (1) An estimated 900 American-Jewish servicemembers of the Armed Forces, killed in World War I and World War II and buried overseas in United States military cemeteries, were, for various reasons, mistakenly buried under Latin Crosses. In most instances, those mistakes were made inadvertently. (2) In 2022, more than 2,000,000 people visited the United States World War I and World War II cemeteries in foreign countries. (3) American-Jewish servicemembers played a vital role in the Allied victories in World War I and World War II.”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under section 2402 of this title, unless-- ``(A) in the case of a request for a headstone or marker under this section-- ``(i) such request is made at the same time as a request for placement of a headstone or marker for another individual who is eligible to have such a headstone or marker placed in a national cemetery, a veterans' cemetery in receipt of a grant made under section 2408 of this title, or a post cemetery; and ``(ii) the Secretary furnishes one headstone or marker inscribed for both individuals; or ``(B) in the case of a request for interment, the individual is interred at the same time and in the same gravesite as the interment of another individual eligible for interment in a national cemetery under section 2402(a) of this title.''.”
“Section 2306(b)(2) of title 38, United States Code, is amended in subparagraphs (B) and (C) by striking ``who dies on or after November 11, 1998,'' each place it appears. SEC. 502. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ADDITIONAL BURIAL BENEFITS WHEN AN URN OR COMMEMORATIVE PLAQUE IS FURNISHED.”
“''; and (F) in the section heading-- (i) by striking ``process and requirements for scheduling appointments for health care from department of veterans affairs and non-department health care.'' and inserting ``scheduling of appointments''; and (ii) by conforming the typeface and typestyle, including capitalization, to the typeface and typestyle used in the section heading of section 1703G of such title. (3) Table of sections.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 1703G, the following new item: ``1703H. Scheduling of appointments.''. TITLE V--MEMORIAL AFFAIRS SEC. 501. EXPANSION OF ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS MEMORIAL HEADSTONE OR MARKER FOR CERTAIN INDIVIDUALS.”
“(2) Conforming amendments.--Section 1703H of such title, as transferred and redesignated by this subsection, is amended-- (A) by striking any heading that is not a section heading or subsection heading and conforming the margins accordingly; (B) by striking ``of title 38, United States Code'' both places it appears and inserting ``of this title''; (C) in subsection (b)(1), by striking ``Not later than one year after the date of the enactment of this Act, the Secretary'' and inserting ``The Secretary''; (D) in subsection (c)-- (i) in paragraph (1), in the matter preceding subparagraph (A), by striking ``Not later than 180 days after the date of the enactment of this Act, the Secretary'' and inserting ``The Secretary''; and (ii) in paragraph (2), by striking subparagraphs (A) and (B) and inserting ``The Secretary shall require each medical facility of the Department to use the method or tool described in paragraph (1).''; (E) in the section enumerator, by striking ``sec.'' and inserting ``Sec.”
“(d) Codification.-- (1) In general.--Section 3101 of such Act, as amended by subsection (a), is transferred to subchapter I of chapter 17 of title 38, United States Code, inserted after section 1703G, and redesignated as section 1703H.”
“(c) Expansion.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan to integrate the scheduling of appointments for health care furnished through health care providers of the Department of Veterans Affairs into the electronic process under subsection (d) of section 1703H of such title, as added by this section. Such plan shall include the following elements: (1) A timeline to implement such plan. (2) Estimated costs to carry out such plan. (3) Changes to policies and procedures of the Department the Secretary determines necessary to implement such plan.”
“(6) Oversight.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, with regards to the electronic process under such subsection, the following: [[Page H4587]] (A) Not later than 30 days after the Secretary establishes guidelines under paragraph (2) of this subsection, a copy of such guidelines. (B) Not later than 30 days after the Secretary formulates the plan under paragraph (5) of this subsection, a briefing on the outreach strategy under such paragraph. (C) Not later than 180 days after the date of the enactment of this Act, the benchmarks and metrics prescribed under paragraph (4).”
“Such outreach shall-- (A) include contacting each such provider during such 90 days; (B) include seeking to enter into an agreement with each such provider under which the provider shall participate in the electronic process; (C) include collaborating with State hospital associations and rural health associations to promote such participation; (D) focus on providers in specialties or underserved areas, as determined by the Secretary; and (E) include the publication, on a publicly accessible website of the Department, of information regarding-- (i) details of the electronic process; (ii) how a provider may elect to participate in the electronic process; and (iii) a point of contact in the Department regarding the electronic process.”
“(4) Evaluation.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall prescribe performance benchmarks and outcome-based metrics for the electronic process under such section, including-- (A) time between a referral and a scheduled appointment; (B) patient satisfaction; and (C) the percentage of appointments scheduled exclusively through the electronic process. (5) Outreach.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall plan and carry out an outreach strategy to encourage non-Department of Veterans Affairs health care providers that participate in the Veterans Community Care Program to participate in the electronic process under such subsection.”
“(C) A directive that employees described in subparagraph (A), when scheduling an appointment for a covered veteran (as such term is used in section 1703 of such title) for health care furnished by the Secretary, inform such covered veteran of available appointments through providers of the Department and through providers under the Veterans Community Care Program when eligible. (D) Procedures for engaging with non-Department health care providers in specialized cases. (E) Standards regarding timeliness and accuracy. (F) Escalation protocols for scheduling failures or delays. (3) Training.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement a mandatory training program for employees described in subparagraph (B) regarding the guidelines under subparagraph (B).”
“``(v) The rates at which veterans did not appear for appointments scheduled through the electronic process.''. (b) Implementation.-- (1) Date.--The Secretary of Veterans Affairs shall implement the electronic process under subsection (d) of section 1703H of such title, as added by this section, not later than two years after the date of the enactment of this Act. (2) Guidelines.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish guidelines. Such guidelines shall include the following: (A) Procedures for schedulers and other employees of the Department involved in the scheduling of appointments described in such section. (B) A directive that employees described in subparagraph (A) use the electronic process to the extent practicable.”
“Such a report shall include the following for each such period: ``(i) The number of non-Department health care providers that participated in such electronic process, disaggregated by-- ``(I) category of hospital care or medical services provided; and ``(II) medical center of the Department; ``(ii) The number of appointments scheduled pursuant to the electronic process, disaggregated by-- ``(I) category of hospital care or medical services provided; ``(II) medical center of the Department; and ``(III) month. ``(iii) A comparison of the average wait time for appointments scheduled through the electronic process and through non-electronic methods, disaggregated by medical center of the Department. ``(iv) The rates at which veterans cancelled appointments scheduled through the electronic process.”
“``(5) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives the following regarding the electronic process: ``(A) Not later than 90 days after the Secretary makes a determination under subparagraph (B)(iii) of paragraph (2), a briefing regarding the functions the Secretary has determined necessary. ``(B) Not later than six months after the date of the enactment of Take Care of America's Veterans Act, and semiannually thereafter during the following three years, a report regarding operation of the electronic process during both the semiannual period preceding the date of the report and the cumulative period since the date of the enactment of such Act.”
“``(2) The electronic process under this subsection shall allow a scheduler, with regards to appointments described in-- ``(A) either clause of subparagraph (A) of subsection (a)(1), to view, search, and sort such appointments by type of care, location, and date; and ``(B) clause (ii) of such subparagraph-- ``(i) to schedule such an appointment; ``(ii) to provide referral and authorization documents directly to a non-Department provider; and ``(iii) to perform any other function the Secretary determines necessary. ``(3) The Secretary shall ensure that the electronic process allows a scheduler to schedule an appointment for health care furnished by the Secretary through a health care provider of the Department. ``(4) The Secretary shall implement the electronic process through an existing agreement if practicable.”
“(a) Electronic Process.--Subsection (d) of section 3101 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116- 315; 38 U.S.C. 1701 note) is amended to read as follows: ``(d) Electronic Process.--(1) The Secretary shall implement an electronic process through which a scheduler of the Department, using an information technology system, may schedule an appointment for health care furnished by the Department or through the Veterans Community Care Program, under section 1703 of this title, by a non-Department health care provider.”
“SEC. 406. MEMBERSHIP OF DEPARTMENT OF VETERANS AFFAIRS GERIATRICS AND GERONTOLOGY ADVISORY COMMITTEE. Section 7315 of title 38, United States Code, is amended, in subsection (a)-- (1) in the second sentence, by striking ``and at least one representative of a national veterans service organization'' and inserting ``, at least one individual who represents a national veterans service organization, at least one individual who has served veterans or families of veterans in a State home, and at least one individual who holds a professional license in nursing home administration''; and (2) by designating the first, second, and third sentences as paragraphs (1) through (3), respectively (and adjusting the margins accordingly). SEC. 407. SCHEDULING OF APPOINTMENTS UNDER THE VETERANS COMMUNITY CARE PROGRAM.”