Library / Laws / 113th / hr / H.R. 5286 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5286
IN THE HOUSE OF REPRESENTATIVES
July 30, 2014
Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide for a more equitable geographic allocation of
funds appropriated to the Department of Veterans Affairs for medical care.
1.
Short title
This Act may be cited as the Veterans Equitable Treatment Act.
2.
Standard for time for referral for specialist care
(a)
Time for specialist appointments
(1)
Requirement
The Secretary of Veterans Affairs shall establish by regulation a maximum specialist referral
period, subject to such exceptions as the Secretary considers necessary.
(2)
Specialist referral period defined
For purposes of paragraph (1), the term specialist referral period means the period of time between (A) the date on which a veteran is referred to a specialty clinic
of the Department by the veteran’s primary care physician within the
Department of Veterans Affairs health care system, and (B) the date for
which the veteran is scheduled for an appointment with a Department
specialist pursuant to such referral.
(3)
Department policies
In establishing a maximum specialist referral period under paragraph (1), the Secretary shall act
in a manner consistent with the current treatment policies of the
Department based on clinical need and with the established 30–30–20
performance goal of the Department for such a referral period.
(b)
Standard for transportation
The Secretary shall take such steps as necessary to ensure that the Department of Veterans Affairs
is able to provide appropriate transportation services for qualified
veterans within a reasonable time period of a scheduled appointment.
3.
Contract care to be provided when Department of Veterans Affairs care not available in accordance
with standards
(a)
Contract care
In any case in which the Secretary of Veterans Affairs is not able to provide hospital care or
medical services in accordance with the standard prescribed under section
2(a) or to provide transportation services in accordance with section
2(b), the Secretary shall promptly provide for such care or transportation
from a private source. Hospital care or medical services so provided shall
be those for which the veteran is otherwise eligible within the Department
of Veterans Affairs medical care system.
(b)
Reimbursement rate
Whenever care or services are provided under subsection (a), the Secretary shall reimburse the
provider of such care or services for the reasonable value of such care or
services, as determined by the Secretary. Such reimbursement shall be
provided in the same manner as applies to reimbursement for emergency
treatment under section 1725 of title 38, United States Code, subject to
such of the terms and conditions otherwise applicable to such
reimbursements under such section as the Secretary determines to be
appropriate for purposes of this section.
(c)
Expedited reimbursement procedures
The Secretary shall take appropriate steps to expedite the reimbursement required by subsection (b)
and consistent with the Veterans Health Administration policy that 90
percent of all non-VA Contract Care claims are processed within 30 days of
receipt. Such steps may include steps to make use of advanced technology,
such as smart card technology that would allow claims for such
reimbursement to be processed electronically. The Secretary shall, to the
extent possible, also apply such steps for expediting reimbursement to
claims for emergency services provided to veterans for which the Secretary
provides reimbursement under provisions of law in effect before the date
of the enactment of this Act.
4.
Termination of 24-month rule for reimbursement for emergency services
The provisions of subparagraph (B) of section 1725(b)(2) of title 38, United States Code, shall not
apply with respect to emergency treatment furnished on or after the date
of the enactment of this Act.
5.
Reports
The Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate
and House of Representatives a report at the end of each fiscal-year
quarter on the waiting times for appointments in the Department of
Veterans Affairs medical care system. The report shall describe any
reductions in such waiting times and any experience with appointment
delays.