Library / Laws / 113th / hr / H.R. 5022 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5022
IN THE HOUSE OF REPRESENTATIVES
July 8, 2014
Mr. Vargas introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to improve dental health care for veterans, and for other
purposes.
1.
Short title
This Act may be cited as the Enhanced Dental Care for Veterans Act of 2014.
2.
Restorative dental services for veterans
Section 1710(c) of title 38, United States Code, is amended—
(1) in the second sentence—
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) by inserting (1) after (c);
(3) by striking The Secretary and inserting the following:
(2) The Secretary
; and
(4) by adding at the end the following new paragraph:
(3) In addition to the dental services, treatment, and appliances authorized to be furnished by
paragraph (2), the Secretary may furnish dental services and treatment,
and dental appliances, needed to restore functioning in a veteran that is
lost as a result of any services or treatment furnished under this
subsection.
.
3.
Pilot program on expansion of furnishing of dental care to all enrolled veterans
(a)
Pilot program required
Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a pilot program to assess the feasibility
and advisability of furnishing dental care to veterans enrolled in the
system of patient enrollment under section 1705 of title 38, United States
Code, who are not eligible for dental services and treatment, and related
dental appliances, under current authorities.
(b)
Duration of pilot program
The pilot program shall be carried out during the three-year period beginning on the date of the
commencement of the pilot program.
(c)
Locations
(1)
In general
The Secretary shall carry out the pilot program at not fewer than 16 locations as follows:
(A) Four Department of Veterans Affairs medical centers with an established dental clinic.
(B) Four Department medical centers with a current contract for the furnishing of dental care.
(C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services
and treatment under the pilot program.
(D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health
Service facilities with established dental clinics, of which—
(i) at least one facility shall be such an Indian Health Service facility; and
(ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary
of Health and Human Services.
(2)
Considerations
In selecting locations for the pilot program, the Secretary shall consider the feasibility and
advisability of selecting locations in each of the following:
(A) Rural areas.
(B) Areas that are not in close proximity to an active duty military installation.
(C) Areas representing different geographic locations, such as census tracts established by the Bureau
of Census.
(d)
Scope of services
The dental services and treatment furnished to veterans under the pilot program shall be consistent
with the dental services and treatment furnished by the Secretary to
veterans with service-connected disabilities rated 100 percent disabling
under the laws administered by the Secretary.
(e)
Voluntary participation
The participation of a veteran in the pilot program shall be at the election of the veteran.
(f)
Limitation on amount of services
(1)
In general
Except as provided in paragraph (3), the total amount the Secretary may expend furnishing dental
services and treatment to any veteran participating in the pilot program
during any one-year period may not exceed such amount as the Secretary
determines appropriate. The amount so determined may not be less than
$1,000.
(2)
Consultation
The Secretary shall make the determination under paragraph (1)—
(A) in consultation with the Director of the Indian Health Service; and
(B) in consultation with the Director of the Centers for Medicare and Medicaid Services if one or more
Federally Qualified Health Centers is selected as a location for the pilot
program under subsection (c)(1)(D).
(3)
Services in excess of limitation amount
The total amount expended by the Secretary in furnishing dental services and treatment to a
particular veteran participating in the pilot program during a one-year
period may exceed the amount determined under paragraph (1) if the
Secretary determines, before furnishing such services and treatment, based
on an examination of the veteran by a dentist participating in the pilot
program that the furnishing of such services and treatment is necessary.
Any determination under this paragraph shall be made on a case-by-case
basis.
(g)
Copayments
The Secretary may collect copayments for dental services and treatment furnished under the pilot
program in accordance with authorities on the collection of copayments for
medical care of veterans under chapter 17 of title 38, United States Code.
(h)
Program administration
(1)
Notice to covered veterans on pilot program
In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate
in the pilot program of the services and treatment available under the
pilot program.
(2)
Contracts
In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities
for the provision of dental services and treatment under the pilot
program. Each such contract shall specify performance standards and
metrics and processes for ensuring compliance of the contractor concerned
with such performance standards.
(i)
Reports
(1)
Preliminary reports
(A)
In general
Not later than each of one year and three years after the date of the commencement of the pilot
program, 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 on the pilot program.
(B)
Contents
Each report under subparagraph (A) shall include the following:
(i) A description of the implementation and operation of the pilot program.
(ii) The number of veterans receiving services and treatment under the pilot program, and a description
of the dental services and treatment furnished to such veterans.
(iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and
benefits by location type.
(iv) The current findings and conclusions of the Secretary with respect to the pilot program.
(v) Such recommendations for the continuation or expansion of the pilot program as the Secretary
considers appropriate.
(2)
Final report
(A)
In general
Not later than 180 days after the completion of the pilot program, 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 on the pilot
program.
(B)
Contents
The report under subparagraph (A) shall include the following:
(i) The findings and conclusions of the Secretary with respect to the pilot program.
(ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary
considers appropriate.
4.
Program on education to promote dental health in veterans
(a)
Program required
(1)
In general
The Secretary of Veterans Affairs shall carry out a program of education to promote dental health
for veterans who are enrolled in the system of patient enrollment of the
Department of Veterans Affairs under section 1705 of title 38, United
States Code.
(2)
Construction
Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental
care under the laws administered by the Secretary.
(b)
Elements
The program required by subsection (a) shall provide education for veterans on the following:
(1) The association between dental health and overall health and well-being.
(2) Proper techniques for dental care.
(3) Signs and symptoms of commonly occurring dental issues, including caries.
(4) Treatment options for commonly occurring dental issues.
(5) Options for obtaining access to dental care, including information on eligibility for dental care
through the Department and on purchasing private dental insurance.
(6) Options for obtaining low or no-cost dental care, including through dental schools and Federally
Qualified Health Centers.
(7) Such other matters relating to dental health as the Secretary considers appropriate.
(c)
Delivery of educational materials
(1)
In general
The Secretary shall provide educational materials to veterans under the program required by
subsection (a) through a variety of mechanisms, including the following:
(A) The availability and distribution of print materials at Department facilities, including medical
centers, clinics, Vet Centers, and readjustment counseling centers.
(B) The availability and distribution of materials over the Internet, including through webinars and My
HealtheVet.
(C) Presentations of information, including both small group and large group presentations.
(2)
Selection of mechanisms
In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms
designed to maximize the number of veterans who receive education under
the program.
5.
Information on dental services for inclusion in electronic medical records under dental insurance
pilot program
(a)
In general
Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall expand the dental insurance pilot program
established by section 17.169 of title 38, Code of Federal Regulations, to
establish a mechanism by which private sector dental care providers may
forward to the Department of Veterans Affairs information on dental care
furnished to individuals under the pilot program for inclusion in the
electronic medical records of the Department with respect to such
individuals.
(b)
Construction with current pilot program requirements
(1)
In general
Nothing in this section shall be construed to revise eligibility for participation in, or the
locations of, the pilot program referred to in subsection (a).
(2)
Duration
The Secretary may continue the pilot program for two years in addition to the duration otherwise
provided for the pilot program in section 17.169 of title 38, Code of
Federal Regulations, if the Secretary determines that the continuation is
needed to assess the mechanism required by subsection (a).
(3)
Voluntary participation in mechanism
The participation in the mechanism required by subsection (a) of an individual otherwise
participating in the pilot program shall be at the election of the
individual.
(c)
Inclusion of information on mechanism in reports
Each report to Congress on the pilot program after the date of the commencement of the mechanism
required by subsection (a) shall include information on the mechanism,
including a current assessment of the feasibility and advisability of
using the mechanism to include information on dental care furnished to
individuals in the electronic medical records of the Department with
respect to such individuals.