,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efah ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,kilmer 7for himself1 ,mr4 ,cuellar1 ,mr4 ,carney1 ,mr4 ,barber1 and ,mr4 ,gallego7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committee on the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a pilot program to improve the management and accountability within the ,veterans ,health ,administration of the ,department of ,veterans ,affairs1 to provide oversight of the ,veterans ,health ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,health ,administration ,management ,improvement ,act4 #b4 ,comptroller ,general management review of ,veterans ,health ,administration 7a7 ,management review 7#a7 ,in general ,during the five-year period beginning on the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a management review of the ,veterans ,health ,administration of the ,department of ,veterans ,affairs4 7#b7 ,matters included ,the management review under paragraph 7#a7 shall include a review1 with respect to the ,veterans ,health ,administration1 of the following3 7,a7 ,the management structure1 including the roles and responsibilities among the various organizational components 7local facilities1 regional networks1 and the central office74 7,b7 ,the oversight of core functions1 including the extent to which lines of accountability are clearly delineated4 7,c7 ,the evaluation plan1 operations1 and capacity to implement results-based strategic planning4 7,d7 ,the extent to which contractors are used and monitored to support core management functions4 7,e7 ,internal communication mechanisms1 including expectations for communications1 that support the mission4 7,f7 ,the setting of priorities and the monitoring of such priorities4 7,g7 ,budgeting and resource allocation processes4 7,h7 ,workforce planning4 7,i7 ,human capital processes1 including training activities1 to ensure timely hiring and effective retention of a qualified workforce4 7,j7 ,information technology to support core functions and activities4 7,k7 ,how each of the matters described in subparagraphs 7,a7 through 7,j7 may differ for rural medical facilities of the ,department of ,veterans ,affairs4 7,l7 ,incentives1 including any perverse incentives1 affecting employee actions1 quality of care1 and the provision of services4 7,m7 ,insights from employees and employee representatives about the work environment and the level of engagement of such employees as can be derived from the results of the annual ,federal employee survey and other internal surveys administered by the ,secretary of ,veterans ,affairs4 7,n7 ,insights on the findings of the ,comptroller ,general from veteran service organizations1 organizations representing employees of the ,veterans ,health ,administration1 other stakeholders1 and the ,management and ,accountability ,ombudsman described in section #cab;,b of title #ch1 ,united ,states ,code1 as added by section #d4 7b7 ,reports ,not later than one year after the date of the enactment of this ,act1 and annually thereafter for a four-year period1 the ,comptroller ,general shall submit to ,congress one or more reports that include-- 7#a7 the matters reviewed under subsection 7a77#a72 and 7#b7 recommendations of the ,comptroller ,general based on such matters4 #c4 ,pilot program to improve management and accountability of ,veterans ,health ,administration 7a7 ,establishment ,the ,secretary of ,veterans ,affairs shall establish a pilot program to improve the management and accountability within the ,veterans ,health ,administration4 7b7 ,goals of pilot program ,the ,secretary shall carry out the pilot program under subsection 7a7 in a manner that ensures that-- 7#a7 the employees of the ,veterans ,health ,administration have an opportunity to learn1 implement1 and identify successful means of advancing the management of the ,veterans ,health ,administration and the delivery of care and services2 and 7#b7 the management and delivery of care and services at medical facilities of the ,department is improved by implementing the recommendations of the ,comptroller ,general of the ,united ,states based on the management review conducted under section #b1 and any other appropriate recommendations1 with respect to the planning and evaluation capabilities of the ,veteran ,health ,administration4 7c7 ,application of certain laws during pilot program 7#a7 ,application of performance plan requirements ,during the period in which the ,secretary carries out the pilot program under subsection 7a71 the ,secretary shall carry out section #aaae7;b7 of title #ca1 ,united ,states ,code1 as follows3 7,a7 ,in paragraph 7#b71 by substituting 1 unless authorized to be in an alternative form under subsection 7c71 and situate each goal in the context of its own logic modeling of how the operations and activities of the agency1 in coordination with any significant operations and activities from external entities1 will contribute toward achieving the goals and responsibilities of the agency2 for unless authorized to be in an alternative form under subsection 7c724 7,b7 ,by including in the agency performance plan described in such section #aaae7;b71 for each performance goal covered by the plan1 an identification and assessment of the risks of creating new1 or perpetuating existing1 perverse incentives1 and strategies for risk assessment1 monitoring1 and mitigation1 using a suitable risk management approach4 7#b7 ,application of performance reporting requirements ,during the period in which the ,secretary carries out the pilot program under subsection 7a71 the ,secretary shall carry out subsection 7c7 of section #aaaf of title #ca1 ,united ,states ,code1 by including in the update required by such subsection statistical information regarding the ,veterans ,health ,administration that-- 7,a7 is useful to multiple stakeholders for internal management and external oversight2 and 7,b7 provides insight into how programs are planned1 financed1 and managed1 regarding-- 7i7 the population of veterans1 important subgroups thereof1 and the status of such veterans2 7ii7 the capacity of the operations of the ,veterans ,health ,administration under enacted resource levels1 listed by important subcategories as appropriate2 and 7iii7 the workload of the ,veterans ,health ,administration1 listed by important subcategories as appropriate4 7#c7 ,application of functions of chief operating officer ,during the period in which the ,secretary carries out the pilot program under subsection 7a71 the ,secretary shall carry out section #aabc7;b77#a7 of title #ca1 ,united ,states ,code1 by substituting strategic and performance planning1 measurement1 evaluation1 analysis1 regular assessment of progress1 risk management 7including the risks of perverse incentives71 and use of performance information to improve the results achieved for strategic and performance planning1 measurement1 analysis1 regular assessment of progress1 and use of performance information to improve the results achieved4 7d7 ,evaluation plan ,the ,secretary shall prepare an annual organization evaluation plan for the ,veterans ,health ,administration that is informed by the recommendations of the ,comptroller ,general based on the management review conducted under section #b4 7e7 ,assistance in pilot program ,the ,management and ,accountability ,ombudsman described in section #cab;,b of title #ch1 ,united ,states ,code1 as added by section #d7;a71 shall assist in the pilot program under subsection 7a7 by-- 7#a7 identifying areas in which employees of the ,department have problems implementing the pilot program1 including application of logic modeling1 managing risk of perverse incentives1 and other issues that the ,ombudsman determine appropriate2 7#b7 to the extent practicable1 proposing changes in the administrative practices of the implementation of the pilot program to mitigate problems identified under paragraph 7#a72 and 7#c7 reviewing1 examining1 and making recommendations regarding logic modeling policies1 strategies1 and programs of the ,veterans ,health ,administration4 7f7 ,briefings 7#a7 ,initial briefing ,not later than #ij days before the ,secretary commences the pilot program under subsection 7a71 the ,secretary shall provide to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate and the ,comptroller ,general a briefing on-- 7,a7 a logic model of how the features of the pilot program will address the problems identified in the management review conducted under section #b2 and 7,b7 such other items as the ,secretary determines appropriate4 7#b7 ,updates ,not later than #bdj days after the ,secretary commences the pilot program under subsection 7a71 and annually thereafter during the period in which the ,secretary carries out the pilot program1 the ,secretary shall provide to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate and the ,comptroller ,general a briefing on-- 7,a7 an evaluation of the implementation and effectiveness of carrying out this section1 including any challenges encountered and lessons learned2 7,b7 planned actions to improve the success of the pilot program1 including a milestone plan for such actions2 and 7,c7 such other items as the ,secretary determines appropriate4 7g7 ,duration ,the ,secretary shall-- 7#a7 commence the pilot program under subsection 7a7 by not later than #ahj days after the date on which the ,comptroller ,general submits the report under section #b7;b72 and 7#b7 carry out the pilot program for a period of five years4 7h7 ,definitions ,in this section3 7#a7 ,the term logic modeling means an approach1 also referred to as program theory1 program modeling1 or theory of change1 that articulates the assumptions of the strategy or tactics of a program or activity and how such strategy or tactics relate to the benefits that the program or activity is expected to contribute toward in order to achieve certain goals1 objectives or responsibilities1 and may include-- 7,a7 the mapping of direct and indirect relationships among relevant resources1 activities1 milestones1 outputs1 intermediate outcomes1 and end outcomes2 and 7,b7 if significant coordination or cooperation with entities external to a program or activity may contribute to achieving the relevant goals1 objectives1 or responsibilities1 the mapping of the roles of entities external to the program or activity4 7#b7 ,the term risk management means the processes that are used to identify1 assess1 monitor1 mitigate1 and report on risks to achieving the missions1 goals1 and objectives of a department1 agency1 or program using resources and processes appropriate to the nature of risks and resources available4 #d4 ,management and accountability ombudsman 7a7 ,in general ,chapter #c of title #ch1 ,united ,states ,code1 is amended by inserting after section #cab;,a the following new section3 #cab;,b4 ,management and accountability ombudsman 7a7 ,in general 7#a7 ,there is in the ,department an ,office of the ,management and ,accountability ,ombudsman 7in this section referred to as the ,office74 ,there is at the head of the ,office an ,ombudsman1 who shall be appointed by the ,president from among individuals with a background in enterprise risk management4 7#b7 ,the ,ombudsman shall report directly to the ,secretary but the ,secretary may not prevent or prohibit the ,ombudsman from initiating1 carrying out1 or completing any responsibility of the ,ombudsman4 7#c7 ,the ,secretary shall determine the appropriate level of staffing and distribution of responsibility to ensure the success of the ,office4 7#d7 ,the ,president shall include in the budget transmitted to the ,congress for each fiscal year pursuant to section #aaje of title #ca an estimate of the amount for the ,office that is sufficient to provide for a number of full-time positions in the ,office4 7b7 ,responsibilities ,the ,ombudsman shall-- 7#a7 receive and address reports from employees and employee representatives of the ,veterans ,health ,administration ,affairs and assist in resolving problems with the management1 administration1 and delivery of care of the ,veterans ,health ,agency2 7#b7 communicate to the ,secretary the observations and findings received pursuant to paragraph 7#a72 7#c7 conduct inspections of medical facilities of the ,veterans ,health ,administration1 including non-,department facilities that provide care pursuant to a contract entered into under chapter #ag of this title as necessary2 7#d7 establish a program under which the ,ombudsman and the ,secretary shall-- 7,a7 provide incentives to employees of the ,veterans ,health ,administration who suggest methods to improve the management and operations of the ,veterans ,health ,administration2 7,b7 carry out in a pilot program the suggestions that are likely to be successful2 and 7,c7 if such a pilot program demonstrates that a suggestion causes a marked improvement in such management and operations-- 7i7 reward the employee who made such suggestion2 and 7ii7 carry out such suggestion throughout the ,veterans ,health ,administration2 and 7#e7 not less frequently than once each calendar quarter1 provide to the ,secretary a summary and relevant statistics concerning the activities and findings of the ,ombudsman1 including a summary of the suggestions made and carried out pursuant to paragraph 7#d74 7c7 ,request for investigations ,the ,ombudsman may request the ,inspector ,general of the ,department to conduct an inspection1 investigation1 or audit4 ,upon such a request1 the ,inspector ,general shall respond to the ,ombudsman explaining the plan of the ,inspector ,general to comply with such request or the rationale of the ,inspector ,general for denying such request4 7d7 ,coordination ,the ,secretary shall ensure that each element of the ,department has procedures to provide the ,ombudsman with formal responses to any recommendation submitted by the ,ombudsman to the head of such element4 7e7 ,annual reports ,not later than ,june #cj of each year1 the ,ombudsman shall submit to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives a report on the objectives of the ,ombudsman for the fiscal year beginning in such calendar year4 ,each report shall-- 7#a7 contain a full and substantive analysis1 in addition to statistical information2 and 7#b7 set forth any recommendations the ,ombudsman has made on improving the management and accountability of the employees of the ,department and any responses received under subsection 7d7 with respect to the estimates described in section #aag7;b7 of this title4 7f7 ,risk management defined ,in this section1 the term risk management means the processes that are used to identify1 assess1 monitor1 mitigate1 and report on risks to achieving a the mission1 goals1 and objectives of a department1 agency1 or program using resources and processes appropriate to the nature of risks and resources available4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #cab;,a the following new item3 #cab;,b4 ,management and ,accountability ,ombudsman4 4 7c7 ,comptroller ,general reports ,the ,comptroller ,general of the ,united ,states shall review each budget of the ,president submitted to ,congress under section #aaje of title #ca during #bjae through #bjbj to evaluate the proposed budget for health care provided by the ,secretary of ,veterans ,affairs4 ,the ,comptroller ,general shall submit to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives a report containing the results of each such review1 at such times and with such additional matters as the ,comptroller ,general determines appropriate in consultation with such committees4 #e4 ,veterans' ,bill of ,rights 7a7 ,display ,the ,secretary of ,veterans ,affairs shall ensure that the ,veterans' ,bill of ,rights described in subsection 7e7 is printed on signage in accessible formats and displayed prominently and conspicuously in each medical facility of the ,department of ,veterans ,affairs in accordance with subsection 7c74 7b7 ,education of ,department employees ,the ,secretary shall ensure that employees of the ,department receive training on the ,veterans' ,bill of ,rights described in subsection 7e74 7c7 ,outreach ,the ,secretary shall conduct outreach to inform veterans about the ,veterans' ,bill of ,rights described in subsection 7e7 by-- 7#a7 ensuring that such ,bill of ,rights is available on the ,internet website of the ,department and prominently displayed 7using posters printed in a large type that allows for individuals with #bj_/bj vision to read the print from #aj feet away7 in public spaces1 lobbies1 visitor centers1 clinic waiting rooms1 and patient sitting rooms of the ,department2 7#b7 briefing patients about such ,bill of ,rights when the patient enrolls in the system of patient enrollment system under section #agje of title #ch1 ,united ,states ,code2 and 7#c7 conducting other types of outreach targeted at specific groups of veterans1 which may include1 at a minimum1 outreach conducted on other ,internet websites or through veterans service organizations1 health fairs1 and the ,veterans ,health ,administration ,veterans ,center outreach program4 7d7 ,implementation ,the ,secretary shall ensure that the ,veterans ,health ,administration honors the rights described in subsection 7e74 7e7 ,veterans' ,bill of ,rights ,the ,veterans' ,bill of ,rights described in this subsection is a statement that veterans should have1 at a minimum and in addition to the rights covered by section #ag4cc of title #ch1 ,code of ,federal ,regulations1 the following rights3 7#a7 ,the right to access the highest quality care1 including the right to the most appropriate technology and qualified practitioners4 7#b7 ,the right to continuity of care in the transition from the health program of the ,department of ,defense to the health care system of the ,department of ,veterans ,affairs4 7#c7 ,the right to receive assistance in understanding the available benefits and services to which the veteran is entitled4 7#d7 ,the right to receive a careful explanation of a proposed diagnostic or therapeutic procedure or course of treatment by the appropriate medical practitioner1 including with respect to the risks1 complications1 alternatives1 and results4 7#e7 ,the right to ask questions concerning health treatment4 7f7 ,veterans' bill of rights ,the ,veterans' ,bill of ,rights described in this subsection is a statement that veterans who receive health care provided under the laws administered by the ,secretary of ,veterans ,affairs should have1 at a minimum1 the following rights 7to the extent of the eligibility and enrollment of the veteran for such health care73 7#a7 ,the right to access the highest quality care1 including the right to the most appropriate technology and qualified practitioners4 7#b7 ,the right to know what rules and regulations apply to patients4 7#c7 ,the right to continuity of care in the transition from the health program of the ,department of ,defense to the health care system of the ,department of ,veterans ,affairs4 7#d7 ,the right to receive careful explanation of proposed diagnostic or therapeutic procedures or courses of treatment by the responsible medical personnel1 including with respect to risks1 complications1 alternative health practices1 results1 information and reasoning for prescribed pain management plans1 and a daily review of the medical chart of the patient4 7#e7 ,the right for the patient to ask questions and be involved in all decisions regarding the care received by the patient4 7#f7 ,the right to a second opinion or change of provider1 if available4 7#g7 ,the right to know the reason for any change in medical practitioners responsible for the care of the patient4 7#h7 ,the right to know the identity and professional status of individuals providing service and to know who is primarily responsible for the care of the patient4 7#i7 ,the right to not be transferred to another facility1 organization1 or department unless the patient receives a complete explanation for the need1 was notified of alternatives1 and the receiving organization1 facility1 or department is ready to accept the transfer4 7#aj7 ,the right to receive considerate1 respectful care at all times and under all circumstances with recognition of personal dignity1 diversity1 and religious1 or other spiritual and cultural preferences4 7#aa7 ,the right1 in accordance with relevant provisions of law1 to personal and informational confidentiality and privacy in the discussion of the care and management of records of patients4 7#ab7 ,the right to visitors within the policies of the facility and to be informed of the visitation rights1 including any clinically necessary restrictions4 7#ac7 ,the right to be free from all forms of abuse or harassment4 7#ad7 ,the right to access protective and advocacy services1 when available1 and file grievances4 7#ae7 ,the right to remain free of chemical and physical restraints unless safety requires otherwise4 7#af7 ,the right to care provided in a safe and clean setting1 free from excessive noise and with sufficient lighting for comfort and safety4