#aacth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,june #ah1 #bjad ,,house ,,amendment ,,to ,,senate ,,amendment ,that the ,house agree to the amendment of the ,senate to the title of the bill 7,h4,r4 #cbcj7 entitled ,an ,act making continuing appropriations during a ,government shutdown to provide pay and allowances to members of the reserve components of the ,armed ,forces who perform inactive-duty training during such period4 and be it further ,that the ,house agree to the amendment of the ,senate to the text of the aforementioned bill1 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate to the text of the bill1 insert the following3 #a4 ,short title ,this ,act may be cited as the ,veteran ,access to ,care ,act of #bjad4 #b4 ,provision of hospital care and medical services at non-,department of ,veterans ,affairs facilities for ,department of ,veterans ,affairs patients with extended waiting times for appointments at ,department facilities 7a7 ,in general ,as authorized by section #agaj of title #ch1 ,united ,states ,code1 the ,secretary of ,veterans ,affairs 7in this ,act referred to as the ,secretary7 shall enter into contracts with such non-,department facilities as may be necessary in order to furnish hospital care and medical services to covered veterans who are eligible for such care and services under chapter #ag of title #ch1 ,united ,states ,code4 ,to the greatest extent possible1 the ,secretary shall carry out this section using contracts entered into before the date of the enactment of this ,act4 7b7 ,covered veterans ,for purposes of this section1 the term covered veteran means a veteran-- 7#a7 who is enrolled in the patient enrollment system under section #agje of title #ch1 ,united ,states ,code2 7#b7 who-- 7,a7 has waited longer than the wait-time goals of the ,veterans ,health ,administration 7as of ,june #a1 #bjad7 for an appointment for hospital care or medical services in a facility of the ,department2 7,b7 has been notified by a facility of the ,department that an appointment for hospital care or medical services is not available within such wait-time goals2 or 7,c7 resides more than #dj miles from the medical facility of the ,department of ,veterans ,affairs1 including a community-based outpatient clinic1 that is closest to the residence of the veteran2 and 7#c7 who makes an election to receive such care or services in a non-,department facility4 7c7 ,follow-,up care ,in carrying out this section1 the ,secretary shall ensure that1 at the election of a covered veteran who receives hospital care or medical services at a non-,department facility in an episode of care under this section1 the veteran receives such hospital care and medical services at such non-,department facility through the completion of the episode of care 7but for a period not exceeding #fj days71 including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such hospital care or medical services4 7d7 ,report ,the ,secretary shall submit to ,congress a quarterly report on hospital care and medical services furnished pursuant to this section4 ,such report shall include information1 for the quarter covered by the report1 regarding-- 7#a7 the number of veterans who received care or services at non-,department facilities pursuant to this section2 7#b7 the number of veterans who were eligible to receive care or services pursuant to this section but who elected to continue waiting for an appointment at a ,department facility2 7#c7 the purchase methods used to provide the care and services at non-,department facilities1 including the rate of payment for individual authorizations for such care and services2 and 7#d7 any other matters the ,secretary determines appropriate4 7e7 ,definitions ,for purposes of this section1 the terms facilities of the ,department1 non-,department facilities1 hospital care1 and medical services have the meanings given such terms in section #agja of title #ch1 ,united ,states ,code4 7f7 ,implementation ,the ,secretary shall begin implementing this section on the date of the enactment of this ,act4 7g7 ,construction ,nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter #ag of title #ch1 ,united ,states ,code4 7h7 ,termination ,the authority of the ,secretary under this section shall terminate with respect to any hospital care or medical services furnished after the end of the #b-year period beginning on the date of the enactment of this ,act1 except that in the case of an episode of care for which hospital care or medical services is furnished in a non-,department facility pursuant to this section before the end of such period1 such termination shall not apply to such care and services furnished during the remainder of such episode of care but not to exceed a period of #fj days4 #c4 ,expanded access to hospital care and medical services 7a7 ,in general ,to the extent that appropriations are available for the ,veterans ,health ,administration of the ,department of ,veterans ,affairs for medical services1 to the extent that the ,secretary of ,veterans ,affairs is unable to provide access1 within the wait-time goals of the ,veterans ,health ,administration 7as of ,june #a1 #bjad71 to hospital care or medical services to a covered veteran who is eligible for such care or services under chapter #ag of title #ch1 ,united ,states ,code1 under contracts described in section #b1 the ,secretary shall reimburse any non-,department facility with which the ,secretary has not entered into a contract to furnish hospital care or medical services for furnishing such hospital care or medical services to such veteran1 if the veteran elects to receive such care or services from the non-,department facility4 ,the ,secretary shall reimburse the facility for the care or services furnished to the veteran at the greatest of the following rates3 7#a7 ,,va payment rate ,the rate of reimbursement for such care or services established by the ,secretary of ,veterans ,affairs4 7#b7 ,medicare payment rate ,the payment rate for such care or services or comparable care or services under the ,medicare program under title ,,xviii of the ,social ,security ,act4 7#c7 ,,tricare payment rate ,the reimbursement rate for such care or services furnished to a member of the ,armed ,forces under chapter #ee of title #aj1 ,united ,states ,code4 7b7 ,covered veterans ,for purposes of this section1 the term covered veteran means a veteran-- 7#a7 who is enrolled in the patient enrollment system under section #agje of title #ch1 ,united ,states ,code2 and 7#b7 who-- 7,a7 has waited longer than the wait-time goals of the ,veterans ,health ,administration 7as of ,june #a1 #bjad7 for an appointment for hospital care or medical services in a facility of the ,department2 7,b7 has been notified by a facility of the ,department that an appointment for hospital care or medical services is not available within such wait-time goals after the date for which the veteran requests the appointment2 or 7,c7 who resides more than #dj miles from the medical facility of the ,department of ,veterans ,affairs1 including a community-based outpatient clinic1 that is closest to the residence of the veteran4 7c7 ,definitions ,for purposes of this section1 the terms facilities of the ,department1 non-,department facilities1 hospital care1 and medical services have the meanings given such terms in section #agja of title #ch1 ,united ,states ,code4 7d7 ,implementation ,the ,secretary shall begin implementing this section on the date of the enactment of this ,act4 7e7 ,construction ,nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter #ag of title #ch1 ,united ,states ,code4 7f7 ,termination ,the authority of the ,secretary under this section shall terminate with respect to care or services furnished after the date that is #b years after the date of the enactment of this ,act4 #d4 ,independent assessment of ,veterans ,health ,administration performance 7a7 ,independent assessment required ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall enter into a contract or contracts with a private sector entity or entities with experience in the delivery systems of the ,veterans ,health ,administration and the private sector and in health care management to conduct an independent assessment of hospital care and medical services furnished in medical facilities of the ,department of ,veterans ,affairs4 ,such assessment shall address each of the following3 7#a7 ,the current and projected demographics and unique care needs of the patient population served by the ,department of ,veterans ,affairs4 7#b7 ,the current and projected health care capabilities and resources of the ,department1 including hospital care and medical services furnished by non-,department facilities under contract with the ,department1 to provide timely and accessible care to eligible veterans4 7#c7 ,the authorities and mechanisms under which the ,secretary may furnish hospital care and medical services at non-,department facilities1 including an assessment of whether the ,secretary should have the authority to furnish such care and services at such facilities through the completion of episodes of care4 7#d7 ,the appropriate system-wide access standard applicable to hospital care and medical services furnished by and through the ,department of ,veterans ,affairs and recommendations relating to access standards specific to individual specialties and standards for post-care rehabilitation4 7#e7 ,the current organization1 processes1 and tools used to support clinical staffing and documentation4 7#f7 ,the staffing levels and productivity standards1 including a comparison with industry performance percentiles4 7#g7 ,information technology strategies of the ,veterans ,health ,administration1 including an identification of technology weaknesses and opportunities1 especially as they apply to clinical documentation of hospital care and medical services provided in non-,department facilities4 7#h7 ,business processes of the ,veterans ,health ,administration1 including non-,department care1 insurance identification1 third-party revenue collection1 and vendor reimbursement4 7b7 ,assessment outcomes ,the assessment conducted pursuant to subsection 7a7 shall include the following3 7#a7 ,an identification of improvement areas outlined both qualitatively and quantitatively1 taking into consideration ,department of ,veterans ,affairs directives and industry benchmarks from outside the ,federal ,government4 7#b7 ,recommendations for how to address the improvement areas identified under paragraph 7#a7 relating to structure1 accountability1 process changes1 technology1 and other relevant drivers of performance4 7#c7 ,the business case associated with making the improvements and recommendations identified in paragraphs 7#a7 and 7#b74 7#d7 ,findings and supporting analysis on how credible conclusions were established4 7c7 ,program integrator ,if the ,secretary enters into contracts with more than one private sector entity under subsection 7a71 the ,secretary shall designate one such entity as the program integrator4 ,the program integrator shall be responsible for coordinating the outcomes of the assessments conducted by the private entities pursuant to such contracts4 7d7 ,submittal of reports to ,congress 7#a7 ,report on independent assessment ,not later than #aj months after entering into the contract under subsection 7a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives the findings and recommendations of the independent assessment required by such subsection4 7#b7 ,report on ,,va action plan to implement recommendations in assessment ,not later than #abj days after the date of submission of the report under paragraph 7#a71 the ,secretary shall submit to such ,committees on the ,secretary's response to the findings of the assessment and shall include an action plan1 including a timeline1 for fully implementing the recommendations of the assessment4 #e4 ,limitation on awards and bonuses to employees of ,department of ,veterans ,affairs ,for each of fiscal years #bjad through #bjaf1 the ,secretary of ,veterans ,affairs may not pay awards or bonuses under chapter #de or #ec of title #e1 ,united ,states ,code1 or any other awards or bonuses authorized under such title4 #f4 ,,omb estimate of budgetary effects and needed transfer authority ,not later than #cj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall transmit to the ,committees on ,appropriations1 the ,budget1 and ,veterans' ,affairs of the ,house of ,representatives and of the ,senate-- 7#a7 an estimate of the budgetary effects of sections #b and #c2 7#b7 any transfer authority needed to utilize the savings from section #e to satisfy such budgetary effects2 and 7#c7 if necessary1 a request for any additional budgetary resources1 or transfers or reprogramming of existing budgetary resources1 necessary to provide funding for sections #b and #c4 #g4 ,removal of ,senior ,executive ,service employees of the ,department of ,veterans ,affairs for performance 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gac4 ,senior ,executive ,service3 removal based on performance 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may remove any individual from the ,senior ,executive ,service if the ,secretary determines the performance of the individual warrants such removal4 ,if the ,secretary so removes such an individual1 the ,secretary may-- 7#a7 remove the individual from ,federal service2 or 7#b7 transfer the individual to a ,general ,schedule position at any grade of the ,general ,schedule the ,secretary determines appropriate4 7b7 ,notice to ,congress ,not later than #cj days after removing an individual from the ,senior ,executive ,service under paragraph 7#a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives notice in writing of such removal and the reason for such removal4 7c7 ,manner of removal ,a removal under this section shall be done in the same manner as the removal of a professional staff member employed by a ,member of ,congress4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding at the end the following new item3 #gac4 ,senior ,executive ,service3 removal based on performance4 4 #h4 ,budgetary effects of ,act ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,clerk4