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II
113th CONGRESS
1st Session
S. 852
IN THE SENATE OF THE UNITED STATES
April 25, 2013
Mr. Sanders introduced
the following bill; which was read twice and referred to the
Committee on Veterans'
Affairs
A BILL
To improve health care furnished by the Department of
Veterans Affairs by increasing access to complementary and alternative medicine
and other approaches to wellness and preventive care, and for other
purposes.
1.
Short title
This Act may be cited as the
Veterans' Health Promotion Act of
2013.
2.
Designation and
operation of centers of Innovation for complementary and alternative medicine
in health care research, education, and clinical activities
(a)
Designation and
operation of centers of innovation
Subchapter II of chapter 73 of
title 38, United States Code, is amended by adding at the end the following new
section:
7330B.
Centers of
innovation for complementary and alternative medicine in health care research,
education, and clinical activities
(a)
Designation and
operation
The Secretary, acting through the Director of the
Office of Patient Centered Care for Cultural Transformation, shall designate
and operate at least one center of innovation for complementary and alternative
medicine in health research, education, and clinical activities in each
Veterans Integrated Service Networks.
(b)
Functions
The
functions of the centers of innovation designated and operated under subsection
(a) are as follows:
(1) To conduct
research on the furnishing of complementary and alternative medicine in health
care.
(2) To develop
specific models to be used by the Department in furnishing services to veterans
consisting of complementary and alternative medicine.
(3) To provide
education and training for health care professionals of the Department
on—
(A) the furnishing of
services consisting of complementary and alternative medicine to veterans;
or
(B) providing
referrals to veterans for the receipt of such services.
(4) To develop and
implement innovative clinical activities and systems of care for the Department
for the furnishing of services consisting of complementary and alternative
medicine to veterans.
(c)
Geographic
dispersion
The Secretary shall ensure that the centers designated
and operated under this section are located at health care facilities that are
geographically dispersed throughout the United States.
(d)
Funding
(1) There is authorized to
be appropriated to the Secretary such sums as may be necessary for the support
of the research and education activities of the centers operated under this
section.
(2) Activities of clinical and scientific
investigation at each center operated under this section—
(A) shall be eligible to compete for the
award of funding from funds appropriated for the Medical and Prosthetics
Research Account; and
(B) shall receive priority in the award of
funding from such account to the extent that funds are awarded to projects for
research on the care of rural veterans.
(e)
Complimentary
and alternative medicine defined
In this section, the term
complimentary and alternative medicine shall have the meaning
given that term in regulations the Secretary shall prescribe for purposes of
this section, which shall, to the degree practicable, be consistent with the
meaning given such term by the Secretary of Health and Human
Services.
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 73 of
such title is amended by inserting after the item relating to section 7330A the
following new item:
7330B. Centers of Innovation
for complementary and alternative medicine in health care research, education,
and clinical
activities.
.
3.
Pilot program on
establishment of complementary and alternative medicine centers within
Department of Veterans Affairs medical centers
(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,
through the Office of Patient Centered Care and Cultural Transformation of the
Department of Veterans Affairs, a pilot program to assess the feasibility and
advisability of establishing complementary and alternative medicine centers
within Department medical centers to promote the use and integration of
complementary and alternative medicine services for mental health diagnoses and
pain management.
(b)
Duration of
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 by
establishing not fewer than 15 complementary and alternative medicine centers
in 15 separate Department medical centers as follows:
(A) Five Department
medical centers designated by the Secretary as polytrauma centers.
(B) Ten Department
medical centers not designated by Secretary as polytrauma centers.
(2)
Considerations
In
selecting locations for the pilot program, the Secretary shall consider the
feasibility and advisability of selecting locations in—
(A) rural
areas;
(B) areas that are
not in close proximity to an active duty military installation; and
(C) areas
representing different geographic locations, such as census tracts established
by the Bureau of the Census.
(d)
Provision of
services
Under the pilot program, the Secretary shall provide
covered services to covered veterans through the complementary and alternative
medicine centers established under subsection (c)(1).
(e)
Covered
veterans
For purposes of the pilot program, a covered veteran is
any veteran who has—
(1) a mental health
condition diagnosed by a clinician of the Department; or
(2) a pain condition
for which the veteran has received a pain management plan from a clinician of
the Department.
(f)
Covered
services
(1)
In
general
For purposes of the pilot program, covered services are
services consisting of complementary or alternative medicine.
(2)
Administration
of services
Covered services shall be administered under the
pilot program as follows:
(A) Covered services
shall be administered by clinicians who exclusively provide services consisting
of complementary or alternative medicine.
(B) Covered services
shall be included as part of the Patient Aligned Care Teams initiative of the
Office of Patient Care Services, Primary Care Program Office.
(C) Covered services
shall be made available to both—
(i) covered veterans
with mental health conditions or pain conditions described in subsection (e)
who have received traditional treatments from the Department for such
conditions; and
(ii) covered veterans
with mental health conditions or pain conditions described in subsection (e)
who have not received traditional treatments from the Department for such
conditions.
(g)
Voluntary
participation
The participation of a veteran in the pilot program
shall be at the election of the veteran and in consultation with a clinician of
the Department.
(h)
Reports to
Congress
(1)
Quarterly
reports
Not later than 90 days after the date of the commencement
of the pilot program and not less frequently than once every 90 days thereafter
for the duration 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 efforts of the
Secretary to carry out the pilot program, including a description of the
outreach conducted by the Secretary to veterans and community organizations to
inform such organizations about the pilot program.
(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 submitted under subparagraph (A) shall include the following:
(i) The
findings and conclusions of the Secretary with respect to the pilot program,
including with respect to the utilization and efficacy of the complementary and
alternative medicine centers established under the pilot program.
(ii) Such
recommendations for the continuation or expansion of the pilot program as the
Secretary considers appropriate.
4.
Pilot program on use
of wellness programs as complementary approach to mental health care for
veterans and family members of veterans
(a)
Pilot program
required
(1)
In
general
The Secretary of Veterans Affairs shall carry out a pilot
program through the award of grants to public or private nonprofit entities to
assess the feasibility and advisability of using wellness programs to
complement the provision of mental health care to veterans and family members
eligible for counseling under section 1712A(a)(1)(C) of title 38, United States
Code.
(2)
Matters to be
addressed
The pilot program shall be carried out so as to assess
the following:
(A) Means of
improving coordination between Federal, State, local, and community providers
of health care in the provision of mental health care to veterans and family
members described in paragraph (1).
(B) Means of
enhancing outreach, and coordination of outreach, by and among providers of
health care referred to in subparagraph (A) on the mental health care services
available to veterans and family members described in paragraph (1).
(C) Means of using
wellness programs of providers of health care referred to in subparagraph (A)
as complements to the provision by the Department of Veterans Affairs of mental
health care to veterans and family members described in paragraph (1).
(D) Whether wellness
programs described in subparagraph (C) are effective in enhancing the quality
of life and well-being of veterans and family members described in paragraph
(1).
(E) Whether wellness
programs described in subparagraph (C) are effective in increasing the
adherence of veterans described in paragraph (1) to the primary mental health
services provided such veterans by the Department.
(F) Whether wellness
programs described in subparagraph (C) have an impact on the sense of wellbeing
of veterans described in paragraph (1) who receive primary mental health
services from the Department.
(G) Whether wellness
programs described in subparagraph (C) are effective in encouraging veterans
receiving health care from the Department to adopt a more healthy
lifestyle.
(b)
Duration
The
Secretary shall carry out the pilot program for a period of three years
beginning on the date that is 90 days after the date of the enactment of this
Act.
(c)
Locations
The
Secretary shall carry out the pilot program at facilities of the Department
providing mental health care services to veterans and family members described
in subsection (a)(1).
(d)
Grant
proposals
(1)
In
general
A public or private nonprofit entity seeking the award of
a grant under this section shall submit an application therefor to the
Secretary in such form and in such manner as the Secretary may require.
(2)
Application
contents
Each application submitted under paragraph (1) shall
include the following:
(A) A plan to
coordinate activities under the pilot program, to the extent possible, with the
Federal, State, and local providers of services for veterans to enhance the
following:
(i) Awareness by
veterans of benefits and health care services provided by the
Department.
(ii) Outreach efforts
to increase the use by veterans of services provided by the Department.
(iii) Educational
efforts to inform veterans of the benefits of a healthy and active
lifestyle.
(B) A statement of
understanding from the entity submitting the application that, if selected,
such entity will be required to report to the Secretary periodically on
standardized data and other performance data necessary to evaluate individual
outcomes and to facilitate evaluations among entities participating in the
pilot program.
(C) Other
requirements that the Secretary may prescribe.
(e)
Grant
uses
(1)
In
general
A public or private nonprofit entity awarded a grant
under this section shall use the award for purposes prescribed by the
Secretary.
(2)
Eligible
veterans and family
In carrying out the purposes prescribed by
the Secretary in paragraph (1), a public or private nonprofit entity awarded a
grant under this section shall use the award to furnish services only to
individuals specified in section 1712A(a)(1)(C) of title 38, United States
Code.
(f)
Reports
(1)
Periodic
reports
(A)
In
general
Not later than 180 days after the date of the enactment
of this Act, and every 180 days thereafter, the Secretary shall submit to
Congress a report on the pilot program.
(B)
Report
elements
Each report required by subparagraph (A) shall include
the following:
(i) The
findings and conclusions of the Secretary with respect to the pilot program
during the 180-day period preceding the report.
(ii) An
assessment of the benefits of the pilot program to veterans and their family
members during the 180-day period preceding the report.
(2)
Final
report
Not later than 180 days after the end of the pilot
program, the Secretary shall submit to Congress a report detailing the
recommendations of the Secretary as to the advisability of continuing or
expanding the pilot program.
(g)
Wellness
defined
In this section, the term wellness shall
have the meaning given that term in regulations prescribed by the
Secretary.
5.
Pilot program on
health promotion for overweight and obese veterans through support of fitness
center membership
(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, through the
National Center for Preventive Health, carry out a pilot program to assess the
feasibility and advisability of promoting health in covered veterans, including
achieving a healthy weight and reducing risks of chronic disease, through
support for fitness center membership.
(b)
Covered
veterans
For purposes of this section, a covered veteran is any
veteran who—
(1) is determined by
a clinician of the Department of Veterans Affairs to be overweight or obese as
of the date of the commencement of the pilot program; and
(2) resides in a
location that is more than 15 minutes driving distance from a fitness center at
a facility of the Department that would otherwise be available to the veteran
for at least eight hours per day during five or more days per week.
(c)
Duration of
pilot program
The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(d)
Locations
(1)
In
general
In carrying out the pilot program, the Secretary shall
select—
(A) not less than
five medical centers of the Department at which the Secretary shall cover the
full reasonable cost of a fitness center membership for covered veterans within
the catchment area of such centers; and
(B) not less than
five medical centers of the Department at which the Secretary shall cover half
the reasonable cost of a fitness center membership for covered veterans within
the catchment area of such centers.
(2)
Considerations
In
selecting locations for the pilot program, the Secretary shall consider the
feasibility and advisability of selecting locations in the following
areas:
(A) Rural
areas.
(B) Areas that are
not in close proximity to an active duty military installation.
(C) Areas in
different geographic locations.
(e)
Participation
(1)
Maximum number
of participants
The number of covered veterans who may
participate in the pilot program at a location selected under subsection (d)
may not exceed 100.
(2)
Voluntary
participation
The participation of a covered veteran in the pilot
program shall be at the election of the covered veteran in consultation with a
clinician of the Department.
(f)
Membership
payment
(1)
In
general
Except as provided in paragraph (2), in carrying out the
pilot program, the Secretary shall pay the following:
(A) The full
reasonable cost of a fitness center membership for covered veterans within the
catchment area of centers selected under subsection (b)(1)(A) who are
participating in the pilot program.
(B) Half the
reasonable cost of a fitness center membership for covered veterans within the
catchment area of centers selected under subsection (b)(1)(B) who are
participating in the pilot program.
(2)
Limitation
Payment
for a fitness center membership of a covered veteran may not exceed $50 per
month of membership.
(g)
Reports
(1)
Periodic
reports
Not later than 90 days after the date of the commencement
of the pilot program and not less frequently than once every 90 days
thereafter, 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 activities carried out to implement the pilot
program, including outreach activities to veterans and community
organizations.
(2)
Final
report
Not later than 180 days after the date of 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 detailing—
(A) the findings and
conclusions of the Secretary as a result of the pilot program; and
(B) recommendations
for the continuation or expansion of the pilot program.
6.
Pilot program on
health promotion for veterans through establishment of Department of Veterans
Affairs fitness facilities
(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 promoting health in
covered veterans, including achieving a healthy weight, through establishment
of Department of Veterans Affairs fitness facilities.
(b)
Covered
veterans
For purposes of this section, a covered veteran is any
veteran who is enrolled in the system of annual patient enrollment established
and operated by the Secretary under section 1705 of title 38, United States
Code.
(c)
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.
(d)
Locations
(1)
In
general
The Secretary shall carry out the pilot program by
establishing fitness facilities in Department facilities as follows:
(A) In not fewer than
five Department of Veterans Affairs medical centers selected by the Secretary
for purposes of the pilot program.
(B) In not fewer than
five outpatient clinics of the Department selected by the Secretary for
purposes of the pilot program.
(2)
Considerations
In
selecting locations for the pilot program, the Secretary shall consider the
feasibility and advisability of selecting locations in the following
areas:
(A) Rural
areas.
(B) Areas that are
not in close proximity to an active duty military installation.
(C) Areas in
different geographic locations.
(e)
Limitation on
expenses
In establishing and supporting a fitness facility in a
facility of the Department under the pilot program, the Secretary may expend
amounts as follows:
(1) For establishment
and support of a fitness facility in a Department of Veterans Affairs medical
center, not more than $60,000.
(2) For establishment
and support of a fitness facility in an outpatient clinic of the Department,
not more than $40,000.
(f)
Renovations and
purchases
Subject to subsection (e), the Secretary may, in
carrying out the pilot program, make such renovations to physical facilities of
the Department and purchase such fitness equipment and supplies as the
Secretary considers appropriate for purposes of the pilot program.
(g)
Prohibition on
assessment of user fees
The Secretary may not assess a fee upon a
covered veteran for use of a fitness facility established under the pilot
program.
(h)
Voluntary
participation
The participation of a covered veteran in the pilot
program shall be at the election of the covered veteran.
(i)
Reports
(1)
Periodic
reports
Not later than 90 days after the date of the commencement
of the pilot program and not less frequently than once every 90 days
thereafter, 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 activities carried out to implement the pilot
program, including outreach activities to veterans and community
organizations.
(2)
Final
report
Not later than 180 days after the date of 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 detailing—
(A) the findings and
conclusions of the Secretary as a result of the pilot program; and
(B) recommendations
for the continuation or expansion of the pilot program.
7.
Study of
barriers encountered by veterans in receiving complementary and alternative
medicine from Department of Veterans Affairs
(a)
Study
required
The Secretary of Veterans Affairs shall conduct a
comprehensive study of the barriers encountered by veterans in receiving
complementary and alternative medicine from the Department of Veterans Affairs.
In conducting the study, the Secretary shall—
(1) survey veterans
who seek or receive hospital care or medical services furnished by the
Department, as well as veterans who do not seek or receive such care or
services;
(2) administer the
survey to a representative sample of veterans from each Veterans Integrated
Service Network; and
(3) ensure that the
sample of veterans surveyed is of sufficient size for the study results to be
statistically significant.
(b)
Elements of
study
In conducting the study required by subsection (a), the
Secretary shall study the following:
(1) The perceived
barriers associated with obtaining complementary and alternative medicine
services from the Department.
(2) The satisfaction
of veterans with complementary and alternative medicine in primary care.
(3) The degree to
which veterans are aware of eligibility requirements for, and the scope of
services available under, complementary and alternative medicine furnished by
the Department.
(4) The effectiveness
of outreach to veterans on the availability of complementary and alternative
medicine for veterans.
(5) Such other
barriers as the Secretary considers appropriate.
(c)
Discharge by
contract
The Secretary shall
enter into a contract with a qualified independent entity or organization to
carry out the study required by this section.
(d)
Mandatory
review of data by certain Department divisions
(1)
In
general
The Secretary shall ensure that the head of each division
of the Department specified in paragraph (2) reviews the results of the study
conducted under this section. The head of each such division shall submit
findings with respect to the study to the Under Secretary for Health and to
other pertinent program offices within the Department with responsibilities
relating to health care services for veterans.
(2)
Specified
divisions
The divisions of the Department specified in this
paragraph are the following:
(A) The centers for
innovation established under section 7330B of title 38, United States Code, as
added by section 2.
(B) The Health
Services Research and Development Service Scientific Merit Review Board.
(e)
Reports
(1)
Report on
implementation
Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report on the
status of the implementation of this section.
(2)
Report on
study
(A)
In
general
Not later than 45 days after the date of the completion
of the study, the Secretary shall submit to Congress a report on the study
required by subsection (a).
(B)
Contents
The
report required by subparagraph (A) shall include the following:
(i) Recommendations
for such administrative and legislative proposals and actions as the Secretary
considers appropriate.
(ii) The findings of
the head of each division of the Department specified under subsection (d)(2)
and of the Under Secretary for Health.
(f)
Authorization
of appropriations
There is authorized to be appropriated to the
Secretary $2,000,000 to carry out this section.
8.
Complimentary
and alternative medicine defined
In this Act, the term complimentary
and alternative medicine shall have the meaning given such term under
section 7330B of title 38, United States Code, as added by section 2.