,,ii #aaeth ,,congress #ast ,session ,s4 #abgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #be1 #bjag ,mr4 ,crapo introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to furnish health care from the ,department of ,veterans ,affairs through the use of non-,department health care providers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,veterans ,health ,administration ,reform ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,establishment of ,care in the ,community ,program4 ,sec4 #c4 ,authorization of provider agreements under ,care in the ,community ,program4 ,sec4 #d4 ,expansion of reimbursement of veterans for emergency treatment and urgent care4 ,sec4 #e4 ,memorandum of understanding between ,department of ,veterans ,affairs and ,centers for ,medicare ,medicaid ,services4 ,sec4 #f4 ,education program on health care options from ,department of ,veterans ,affairs4 ,sec4 #g4 ,training program for administration of ,non-,department of ,veterans ,affairs health care4 ,sec4 #h4 ,analysis of electronic health record of ,department of ,veterans ,affairs4 ,sec4 #i4 ,reports assessing effectiveness of certain positions and offices of ,department of ,veterans ,affairs4 ,sec4 #aj4 ,sense of ,congress regarding reforms at the ,veterans ,health ,administration4 #b4 ,establishment of ,care in the ,community ,program 7a7 ,establishment of program 7#a7 ,in general ,section #agjc of title #ch1 ,united ,states ,code1 is amended to read as follows3 #agjc4 ,care in the ,community ,program 7a7 ,in general 7#a7 ,the ,secretary may furnish care and services described in subsection 7c7 to eligible veterans described in subsection 7b7 from non-,department health care providers through the use of ,veterans ,care ,agreements under section #agjc;,a of this title1 arrangements under subsection 7d71 or under any other law administered by the ,secretary4 ,the furnishing of care and services under this section may be referred to as the ,care in the ,community ,program4 7#b7 ,for purposes of this section1 care or services furnished by the ,secretary means that the ,secretary authorizes the care or services and pays for the care or services4 7#c7 ,an eligible veteran may elect to decline to receive care or services furnished under this section and instead receive such care or services at a medical facility of the ,department4 7b7 ,eligible veterans 7#a7 ,a veteran is an eligible veteran for purposes of this section if the veteran is enrolled in the system of annual patient enrollment established and operated under section #agje of this title and one or more of the following conditions apply3 7,a7 ,the ,secretary determines that it is in the clinical best interest of the veteran to access care or services outside of the ,department4 7,b7 ,the veteran would experience an undue burden if the veteran seeks care or services from the ,department4 7,c7 ,it is not economical for the ,department to provide the veteran the care or services that the veteran needs4 7#b7 ,a determination by the ,secretary under paragraph 7#a77;,a7 shall include an assessment of factors relating to the medical or clinical condition of the veteran and the timeliness of the ,department in providing the care or services required by the veteran4 7#c7 ,for purposes of paragraph 7#a77;,b71 an undue burden-- 7,a7 means-- 7i7 an excessive driving distance1 geographical challenges1 or environmental factors impede the access of the veteran to care or services from the ,department2 or 7ii7 the care or services sought by the veteran are not provided by a medical facility of the ,department that is reasonably accessible to the veteran2 and 7,b7 may include other circumstances as determined by the ,secretary upon assessing-- 7i7 the nature or complexity of the care or services that the veteran requires2 7ii7 the frequency with which the veteran requires such care or services2 and 7iii7 the need for an attendant to provide required aid or physical assistance to the veteran for the veteran to travel to a medical facility of the ,department4 7c7 ,care and services described ,care and services described in this subsection are the following3 7#a7 ,hospital care4 7#b7 ,medical services4 7#c7 ,diagnostic care4 7#d7 ,with respect to veterans described in section #agab7;a77#a77;,f7 of this title1 outpatient dental services and treatment and related dental appliances4 7#e7 ,such other care or services as determined by the ,secretary4 7d7 ,arrangements 7#a7 ,the ,secretary may provide care and services under this section through arrangements described in paragraph 7#b74 7#b7 ,arrangements described in this paragraph are the following3 7,a7 ,health care coordination and sharing activities with the ,department of ,defense under section #haaa of this title4 7,b7 ,arrangements under section #haec of this title4 7,c7 ,arrangements between the ,secretary and the ,director of the ,indian ,health ,service4 7,d7 ,agreements under section #agde of this title4 7,e7 ,agreements with ,federally-qualified health centers 7as defined in section #aije7l77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7l77#b77;,b7774 7#c7 ,nothing in this section may be construed to modify the way the ,department1 other ,federal agencies1 and ,states determine responsibility for payment under arrangements described in paragraph 7#b74 7e7 ,prohibition on collection of payment ,a health care provider that provides care or services under this section shall agree not to recover or collect payment from-- 7#a7 an eligible veteran in connection with care or services furnished under this section2 or 7#b7 a health-plan contract or other third party on behalf of the eligible veteran in connection with such care or services4 7f7 ,electronic waiting list for care at ,department facilities 7#a7 ,if an eligible veteran seeks care or services under this section1 the ,secretary shall provide the veteran an opportunity to be included on an electronic waiting list maintained by the ,department for an appointment for care or services described in subsection 7c7 at a medical facility of the ,department4 7#b7 ,the electronic waiting list maintained under paragraph 7#a7 shall allow access by each eligible veteran via www4myhealth4va4gov or any successor website 7or other digital channel7 for the following purposes3 7,a7 ,to determine the place of such eligible veteran on the waiting list4 7,b7 ,to determine the average length of time an individual spends on the waiting list1 disaggregated by medical facility of the ,department and type of care or service needed1 for purposes of allowing such eligible veteran to make an informed election to receive care or services under this section or at a medical facility of the ,department4 7g7 ,information on availability of care ,the ,secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances3 7#a7 ,when the veteran enrolls in the system of annual patient enrollment established and operated under section #agje of this title4 7#b7 ,when the veteran attempts to schedule an appointment for the receipt of care or services described in subsection 7c7 from the ,department but is unable to schedule an appointment within the wait-time goals of the ,veterans ,health ,administration for the furnishing of such care or services4 7#c7 ,when the veteran becomes eligible for care or services under this section under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a74 7h7 ,follow-,up care ,in carrying out this section1 the ,secretary shall ensure that1 at the election of an eligible veteran who receives care or services from a health care provider in an episode of care under this section1 the veteran receives such care or services from such health care provider through the completion of the episode of care 7but for a period not exceeding one year71 including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such care or services4 7i7 ,cost sharing 7#a7 ,the ,secretary shall require an eligible veteran to pay a copayment for the receipt of care or services under this section only if such eligible veteran would be required to pay a copayment for the receipt of such care or services at a medical facility of the ,department or from a health care provider of the ,department4 7#b7 ,the amount of a copayment charged under paragraph 7#a7 may not exceed the amount of the copayment that would be payable by such eligible veteran for the receipt of such care or services at a medical facility of the ,department or from a health care provider of the ,department4 7j7 ,administration of program 7#a7 ,the ,non-,,va ,care ,coordination ,program of the ,department1 working jointly with the ,chief ,business ,office of the ,department1 shall administer the ,care in the ,community ,program under this section4 7#b7 ,administration of the ,care in the ,community ,program shall include the following3 7,a7 ,ensuring that an eligible veteran receives an appointment for care or services under this section within-- 7i7 the wait-time goals of the ,veterans ,health ,administration2 or 7ii7 the period that a health care provider of the veteran at the ,department determines the care or services are needed4 7,b7 ,ensuring that the ,secretary1 including any contractors of the ,secretary1 pay health care providers on time4 7,c7 ,ensuring that medical information of an eligible veteran who receives care or services under this section is sent to the health care provider of the veteran at the ,department4 7,d7 ,ensuring that the ,secretary has information regarding any other health insurance of an eligible veteran4 7#c7 ,the ,secretary shall ensure that the ,non-,,va ,care ,coordination ,program of the ,department and the ,chief ,business ,office of the ,department are working together effectively and efficiently throughout the process of furnishing care under this section4 7#d7 ,the ,secretary shall notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives if any functions under this subsection require alteration or realignment4 7k7 ,payment of claims 7#a7 ,the ,secretary shall ensure that all payments of claims under this section comply with chapter #ci of title #ca 7commonly referred to as the ,prompt ,payment ,act7 and the requirements of this subsection4 ,if there is a conflict between the requirements of the ,prompt ,payment ,act and the requirements of this subsection1 the ,secretary shall comply with the requirements of this subsection4 7#b7 7,a7 ,payment by the ,secretary of claims under this section shall be issued1 mailed1 or otherwise transmitted with respect to not less than #ie percent of all such claims within #cj days after the date on which the claim is received1 if-- 7i7 the claim is a clean claim2 and 7ii7 the claim is not one for which payment is made on a periodic interim payment basis4 7,b7 ,in this paragraph1 the term clean claim means a claim that has no defect or impropriety 7including any lack of any required substantiating documentation7 or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this section4 7#c7 7,a7 ,the ,secretary is the primary payer for all care or services furnished under this section4 7,b7 ,the ,secretary may recover or collect reasonable charges for care or services furnished under this section from a third party pursuant to section #agbi of this title or any other provision of law that would permit the ,secretary to recover or collect the cost of care furnished at a facility of the ,department or under the laws administered by the ,secretary4 7l7 ,online portal ,the ,secretary shall establish an online portal that health care providers participating in the ,care in the ,community ,program may use as follows3 7#a7 ,to submit medical information with respect to eligible veterans furnished care or services under this section4 7#b7 ,to file claims for payment for care or services furnished under this section4 7#c7 ,to monitor the status of payment of claims under this section1 including whether or not the claim was approved or rejected4 7#d7 ,to determine whether the ,secretary requires additional information before processing the claim4 7m7 ,annual report on contract care 7#a7 ,not later than ,april #a each year1 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 health care contracted for under the laws administered by the ,secretary1 including under the ,care in the ,community ,program4 7#b7 ,each report submitted under paragraph 7#a7 shall-- 7,a7 describe the use by the ,secretary of ,veterans ,care ,agreements under section #agjc;,a of this title1 arrangements under subsection 7e71 and other contracts or agreements for health care under this section or any other law administered by the ,secretary2 7,b7 state the number of such agreements1 arrangements1 or contracts entered into and the costs of such agreements1 arrangements1 or contracts1 disaggregated by medical center of the ,department2 and 7,c7 include an assessment by the ,central ,office of the ,veterans ,health ,administration of the efforts of such office to coordinate such agreements1 arrangements1 or contracts4 7n7 ,rule of construction ,nothing in this section or section #agjc;,a of this title shall be construed to prevent the ,secretary from entering into regional or national contracts to provide prescription medication1 dialysis treatment1 prosthetics1 and such other care or services under this section as the ,secretary considers appropriate4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by striking the item related to section #agjc and inserting the following new item3 #agjc4 ,care in the ,community ,program4 4 7#c7 ,report on development and implementation of online portal 7,a7 ,in general ,not later than ,december #ca1 #bjag1 the ,under ,secretary for ,health of the ,department of ,veterans ,affairs shall submit to ,congress a report on the development and implementation by the ,department of ,veterans ,affairs of the online portal established under subsection 7m7 of section #agjc of title #ch1 ,united ,states ,code1 as added by paragraph 7#a71 for the processing of claims by health care providers under the ,care in the ,community ,program under such section4 7,b7 ,elements ,the report required by subparagraph 7,a7 shall include the following3 7i7 ,a detailed schedule for developing and implementing the online portal described in subparagraph 7,a74 7ii7 ,an assessment of whether the online portal includes the following elements3 7,i7 ,automatic adjudication of claims4 7,,ii7 ,automated entry of authorizations for care or services4 7,,iii7 ,a mechanism by which health care providers can electronically submit medical records1 including health care providers that a veteran may have seen without authorization from the ,department4 7,,iv7 ,a web-based portal for health care providers to check the status of their claims4 7iii7 ,estimated costs for developing and implementing each aspect of the online portal4 7iv7 ,performance goals1 measures1 and interim milestones that the ,under ,secretary for ,health will use to evaluate progress1 hold staff accountable for achieving desired results1 and report to stakeholders on the impact of the online portal in modernizing the claims processing system of the ,department4 7b7 ,conforming amendments 7#a7 ,dental care ,section #agab7;a77#c7 of title #ch1 ,united ,states ,code1 is amended1 in paragraph 7#c71 by striking under clause 7#a71 7#b71 or 7#e7 of section #agjc7;a7 of this title and inserting under section #agjc of this title4 7#b7 ,readjustment counseling ,section #agab;,a7e77#a7 of such title is amended by striking sections #agjc7;a77#b7 and #agaj7;a77#a77;,b7 of this title and inserting sections #agjc and #agaj7;a77#a77;,b7 of this title4 7#c7 ,conforming repeal of superseded authority 7,a7 ,in general ,section #aja of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note7 is repealed4 7,b7 ,conforming amendment ,section #bjh of such ,act is amended-- 7i7 in paragraph 7#a71 by striking hospital care and medical services under section #aja and inserting care and services under section #agjc of title #ch1 ,united ,states ,code2 and 7ii7 in paragraph 7#b71 by striking hospital care and medical services and inserting care and services4 7c7 ,repeal of authority ,to contract for scarce medical specialists 7#a7 ,in general ,section #gdji of title #ch1 ,united ,states ,code1 is repealed4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #gd of such title is amended by striking the item relating to section #gdji4 #c4 ,authorization of provider agreements under ,care in the ,community ,program 7a7 ,in general ,subchapter ,i of chapter #ag of title #ch1 ,united ,states ,code1 is amended by inserting after section #agjc the following new section3 #agjc;,a4 ,care in the ,community ,program3 provider agreements 7a7 ,agreements ,to ,furnish ,care ,the ,secretary may furnish care and services under the ,care in the ,community ,program under section #agjc of this title by entering into agreements under this section with eligible providers that are certified under subsection 7c74 7b7 ,eligible providers ,for purposes of this section1 an eligible provider is one of the following3 7#a7 ,a provider of services that has enrolled and entered into a provider agreement under section #ahff7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a774 7#b7 ,a physician or supplier that has enrolled and entered into a participation agreement under section #ahdb7;h7 of such ,act 7#db ,u4,s4,c4 #acieu7h774 7#c7 ,a provider of items and services receiving payment under a ,state plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 or a waiver of such a plan4 7#d7 ,a provider that is-- 7,a7 an ,aging and ,disability ,resource ,center1 an area agency on aging1 or a ,state agency 7as defined in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb772 or 7,b7 a center for independent living 7as defined in section #gjb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;a774 7#e7 ,such other health care providers as the ,secretary considers appropriate for purposes of this section4 7c7 ,certification of eligible providers ,the ,secretary shall establish a process for the certification of eligible providers under this section4 7d7 ,rates for care and services 7#a7 ,except as otherwise provided in this subsection1 an eligible provider that enters into an agreement under this section to provide care or services under section #agjc of this title shall agree to accept as payment in full for such care or services an amount equal to the rate paid by the ,united ,states to a provider of services 7as defined in section #ahfa7u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7u777 or a supplier 7as defined in section #ahfa7;d7 of such ,act 7#db ,u4,s4,c4 #aciex7d777 under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 for the same care or services4 7#b7 7,a7 ,a higher rate than the rate paid by the ,united ,states as described in paragraph 7#a7 may be negotiated with respect to the furnishing of care or services to a veteran who resides in a highly rural area4 7,b7 ,in this paragraph1 the term highly rural area means an area located in a county that has fewer than seven individuals residing in that county per square mile4 7#c7 ,with respect to furnishing care or services under this subsection in ,alaska1 the ,alaska ,fee ,schedule of the ,department of ,veterans ,affairs shall be followed1 except for when another payment agreement1 including a contract or provider agreement1 is in place4 7#d7 ,with respect to furnishing care or services under this subsection in a ,state with an ,all-,payer ,model ,agreement under section #ahad7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7b77#c77 that became effective on ,january #a1 #bjad1 the ,medicare payment rates under subparagraph 7,a7 shall be calculated based on the payment rates under such agreement4 7#e7 ,with respect to furnishing care or services under this subsection for which there is not a rate paid under the ,medicare program as described in paragraph 7#a71 such as dental care1 obstetrics and gynecology1 and other services1 the rate paid for such care or services shall be determined by the ,secretary4 7#f7 ,in determining rates and making payments under this subsection1 the ,secretary may conduct pilot programs on alternative payment systems similar to those used under the ,medicare program1 including the ,merit-based ,incentive ,payment ,system under section #ahdh7q7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q77 and alternative payment models 7as defined in section #ahcc7z77#c77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7z77#c77;,c7774 7#g7 ,if a higher rate than the rate specified in paragraph 7#a7 is determined under this subsection1 the ,secretary shall notify the ,centers for ,medicare ,medicaid ,services regarding such higher rate4 7e7 ,treatment of certain laws 7#a7 ,an agreement under this section may be entered into without regard to any contracting law that would require the ,secretary to use competitive procedures in selecting the party with which to enter into the agreement4 7#b7 7,a7 ,except as provided in subparagraph 7,b7 and unless otherwise provided in this section or regulations prescribed pursuant to this section1 an eligible provider that enters into an agreement under this section is not subject to1 in the carrying out of the agreement1 any contracting law that an eligible provider described in subsection 7b77#a71 7b77#b71 or 7b77#c7 is not subject to under the original ,medicare fee-for-service program under parts ,a and ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or the ,medicaid program under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7,b7 ,the exclusion under subparagraph 7,a7 does not apply to laws regarding integrity1 ethics1 fraud1 or that subject a person to civil or criminal penalties4 7#c7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 shall apply with respect to an eligible provider that enters into an agreement under this section to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by inserting after the item related to section #agjc the following new item3 #agjc;,a4 ,care in the ,community ,program3 provider agreements4 4 #d4 ,expansion of reimbursement of veterans for emergency treatment and urgent care 7a7 ,in general ,section #agbe of title #ch1 ,united ,states ,code1 is amended to read as follows3 #agbe4 ,reimbursement for emergency treatment and urgent care 7a7 ,in general 7#a7 ,subject to the provisions of this section1 the ,secretary shall reimburse a veteran described in subsection 7b7 for the reasonable value of emergency treatment or urgent care furnished the veteran in a non-,department facility4 7#b7 ,in any case in which reimbursement of a veteran is authorized under paragraph 7#a71 the ,secretary may1 in lieu of reimbursing the veteran1 make payment of the reasonable value of the furnished emergency treatment or urgent care directly-- 7,a7 to the hospital or other health care provider that furnished the treatment or care2 or 7,b7 to the person or organization that paid for such treatment or care on behalf of the veteran4 7b7 ,eligibility ,a veteran described in this subsection is an individual who-- 7#a7 is enrolled in the patient enrollment system of the ,department established and operated under section #agje of this title2 and 7#b7 has received care under this chapter during the #bd-month period preceding the furnishing of the emergency treatment or urgent care for which reimbursement is sought under this section4 7c7 ,emergency transportation ,notwithstanding section #aaa of this title1 reimbursement of emergency treatment or urgent care under this section shall include reimbursement for the reasonable value of emergency transportation4 7d7 ,responsibility for payment ,the ,secretary shall be primarily responsible for reimbursing or otherwise paying the reasonable value of emergency treatment or urgent care under this section4 7e7 ,limitations on payment 7#a7 ,the ,secretary1 in accordance with regulations prescribed by the ,secretary for purposes of this section1 shall-- 7,a7 establish the maximum amount payable under subsection 7a72 and 7,b7 delineate the circumstances under which such payments may be made1 including such requirements on requesting reimbursement as the ,secretary may establish4 7#b7 7,a7 ,payment by the ,secretary under this section on behalf of a veteran to a provider of emergency treatment or urgent care shall1 unless rejected and refunded by the provider within #cj days of receipt-- 7i7 constitute payment in full for the emergency treatment or urgent care provided2 and 7ii7 extinguish any liability on the part of the veteran for that treatment or care4 7,b7 ,neither the absence of a contract or agreement between the ,secretary and a provider of emergency treatment or urgent care nor any provision of a contract1 agreement1 or assignment to the contrary shall operate to modify1 limit1 or negate the requirements of subparagraph 7,a74 7,c7 ,a provider of emergency treatment or urgent care may not seek to recover from any third party the cost of emergency treatment or urgent care for which the provider has received payment from the ,secretary under this section4 7f7 ,recovery ,the ,united ,states has the right to recover or collect reasonable charges for emergency treatment or urgent care furnished under this section in accordance with the provisions of section #agbi of this title4 7g7 ,cost sharing 7#a7 ,the ,secretary shall require a veteran to pay a copayment for the receipt of emergency treatment or urgent care under this section only if such veteran would be required to pay a copayment for the receipt of such treatment or care at a medical facility of the ,department or from a health care provider of the ,department4 7#b7 ,the amount of a copayment charged to a veteran under paragraph 7#a7 may not exceed the amount of the copayment that would be payable by such veteran for the receipt of emergency treatment or urgent care at a medical facility of the ,department or from a health care provider of the ,department4 7h7 ,definitions ,in this section3 7#a7 ,the term emergency treatment means medical care or services furnished1 in the judgment of the ,secretary-- 7,a7 when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health2 and 7,b7 until-- 7i7 such time as the veteran can be transferred safely to a ,department facility or community care provider authorized by the ,secretary and such facility or provider is capable of accepting such transfer2 or 7ii7 such time as a ,department facility or community care provider authorized by the ,secretary accepts such transfer if-- 7,i7 at the time the veteran could have been transferred safely to such a facility or provider1 no such facility or provider agreed to accept such transfer2 and 7,,ii7 the non-,department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a ,department facility or community care provider4 7#b7 ,the term health-plan contract includes any of the following3 7,a7 ,an insurance policy or contract1 medical or hospital service agreement1 membership or subscription contract1 or similar arrangement under which health services for individuals are provided or the expenses of such services are paid4 7,b7 ,an insurance program described in section #ahaa of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c7 or established by section #ahca of such ,act 7#db ,u4,s4,c4 #acie;j74 7,c7 ,a ,state plan for medical assistance approved under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7,d7 ,a workers' compensation law or plan described in section #agbi7;a77#b77;,a7 of this title4 7#c7 ,the term third party means any of the following3 7,a7 ,a ,federal entity4 7,b7 ,a ,state or political subdivision of a ,state4 7,c7 ,an employer or an employer's insurance carrier4 7,d7 ,an automobile accident reparations insurance carrier4 7,e7 ,a person or entity obligated to provide1 or to pay the expenses of1 health services under a health-plan contract4 7#d7 ,the term urgent care shall have the meaning given that term by the ,secretary in regulations prescribed by the ,secretary for purposes of this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag is amended by striking the item relating to section #agbe and inserting the following new item3 #agbe4 ,reimbursement for emergency treatment and urgent care4 4 7c7 ,repeal of superseded authority ,section #agbh is repealed4 7d7 ,conforming amendments 7#a7 ,medical care for survivors and dependents ,section #agha7;a77#d7 is amended by striking 7as defined in section #agbe7;f7 of this title7 and inserting 7as defined in section #agbe7;h7 of this title74 7#b7 ,health care of family members of veterans stationed at ,camp ,lejeune1 ,north ,carolina ,section #aghg7;b77#c7 is amended by striking 7as defined in section #agbe7;f7 of this title7 and inserting 7as defined in section #agbe7;h7 of this title74 7e7 ,regulations ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations to carry out the amendments made by this section4 7f7 ,effective date ,the amendments made by this section shall take effect one year after the date of the enactment of this ,act4 #e4 ,memorandum of understanding between ,department of ,veterans ,affairs and ,centers for ,medicare ,medicaid ,services 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary of ,veterans ,affairs should ensure that a veteran who is enrolled in ,medicare or ,medicaid1 is eligible for care or services under the ,care in the ,community ,program under section #agjc of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a71 and seeks care or services for a non-service-connected disability or condition1 knows that the veteran may use his or her benefits under ,medicare or ,medicaid before the ,secretary authorizes the use of funds of the ,department of ,veterans ,affairs4 7b7 ,purpose ,the purpose of this section is to facilitate coordination and communication between the ,department of ,veterans ,affairs and the ,centers for ,medicare ,medicaid ,services for the benefit of veterans in the receipt of health care4 7c7 ,memorandum of understanding 7#a7 ,in general ,the ,secretary of ,veterans ,affairs and the ,administrator of the ,centers for ,medicare ,medicaid ,services shall enter into a memorandum of understanding regarding the coordination of care between the ,department of ,veterans ,affairs and the ,centers for ,medicare ,medicaid ,services4 7#b7 ,referral of patients 7,a7 ,in general ,the memorandum of understanding under paragraph 7#a7 shall permit health care providers of the ,department of ,veterans ,affairs to refer veterans eligible for benefits under ,medicare or ,medicaid to non-,department health care providers in the community to use the ,medicare or ,medicaid benefits of such veterans4 7,b7 ,treatment of referral ,referral of a veteran under subparagraph 7,a7 does not authorize the ,secretary of ,veterans ,affairs-- 7i7 to use funds of the ,department of ,veterans ,affairs to conduct the referral or pay for care or services furnished pursuant to such a referral2 or 7ii7 to furnish care or services to the veteran under the ,care in the ,community ,program under section #agjc of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a74 7#c7 ,sharing of information ,as part of the memorandum of understanding under paragraph 7#a71 the ,secretary and the ,administrator shall agree to share information in connection with the coordination of care under such memorandum1 including by establishing a mechanism to share patient information4 7#d7 ,technical assistance for ,care in the ,community ,program 7,a7 ,in general ,as part of the memorandum of understanding under paragraph 7#a71 the ,administrator may provide technical assistance to the ,secretary regarding the development of a program for non-,department health care providers to submit claims for reimbursement electronically under the ,care in the ,community ,program under section #agjc of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a74 7,b7 ,interoperability and safety of information ,in providing technical assistance under subparagraph 7,a71 the ,administrator shall provide advice regarding interoperability and methods for safeguarding the security of patient information4 7,c7 ,use of assistance ,the ,secretary shall use any technical assistance provided under subparagraph 7,a7 in the development of a web-based self-service portal for non-,department health care providers to be used under subsection 7l7 of section #agjc of title #ch1 ,united ,states ,code1 as amended by section #b7;a77#a74 7d7 ,education program 7#a7 ,in general ,the ,secretary of ,veterans ,affairs and the ,administrator of the ,centers for ,medicare ,medicaid ,services shall jointly develop and administer an education program to inform veterans how their benefits from the ,department of ,veterans ,affairs are separate from and interact with their benefits under ,medicare or ,medicaid4 7#b7 ,elements of program ,the education program under paragraph 7#a7 shall-- 7,a7 assist veterans in making informed decisions about when to use benefits from the ,department and when to use benefits under ,medicare or ,medicaid2 7,b7 provide information on which services require referrals from the ,department and which services require no referral2 and 7,c7 explain any financial costs that may be required to receive care1 including copayments under ,medicare or from the ,department4 7#c7 ,use of memorandum of understanding ,the education program under paragraph 7#a7 may be implemented pursuant to the memorandum of understanding under subsection 7c74 7e7 ,rule of construction ,this section may not be construed to authorize or require the ,secretary of ,veterans ,affairs to reimburse the ,administrator of the ,centers for ,medicare ,medicaid ,services for health care services or for the ,administrator to reimburse the ,secretary for such services4 7f7 ,definitions ,in this section3 7#a7 ,medicaid ,the term ,medicaid means the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,medicare ,the term ,medicare means the ,medicare program under title ,,xviii of such ,act 7#db ,u4,s4,c4 #acie et seq474 7#c7 ,non-service-connected ,the term non-service-connected has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 #f4 ,education program on health care options from ,department of ,veterans ,affairs 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall develop and administer an education program that teaches veterans about their health care options through the ,department of ,veterans ,affairs4 7b7 ,elements ,the program under subsection 7a7 shall-- 7#a7 teach veterans about-- 7,a7 eligibility criteria for care from the ,department set forth under section #agaj of title #ch1 ,united ,states ,code2 7,b7 priority groups for enrollment in the system of annual patient enrollment under section #agje7;a7 of such title2 and 7,c7 the copayments and other financial obligations1 if any1 required of certain individuals for certain services2 7#b7 teach veterans about the interaction between health insurance 7including private insurance1 ,medicare1 ,medicaid1 the ,,tricare program1 and other forms of insurance7 and health care from the ,department2 and 7#c7 provide veterans information on what to do when they have a complaint about health care received from the ,department 7whether about the doctor1 the ,department1 or any other type of complaint74 7c7 ,inclusion of information from education program on ,medicare and ,medicaid ,the education program under this section shall include information from the education program under section #f7;d74 7d7 ,accessibility ,in developing the education program under this section1 the ,secretary shall ensure that materials under such program are accessible to veterans who may not have access to the ,internet4 7e7 ,definitions ,in this section3 7#a7 ,medicaid ,the term ,medicaid means the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,medicare ,the term ,medicare means the ,medicare program under title ,,xviii of such ,act 7#db ,u4,s4,c4 #acie et seq474 7#c7 ,,tricare program ,the term ,,tricare program has the meaning given that term in section #ajgb of title #aj1 ,united ,states ,code4 #g4 ,training program for administration of ,non-,department of ,veterans ,affairs health care 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall develop and implement a training program to train employees and contractors of the ,department of ,veterans ,affairs on how to administer non-,department health care programs1 including the following3 7#a7 ,reimbursement for non-,department emergency room and urgent care under section #agbe of title #ch1 ,united ,states ,code4 7#b7 ,the ,care in the ,community ,program under section #agjc of such title1 as amended by section #b7;a77#a74 7b7 ,inclusion of training on cooperation with ,centers for ,medicare ,medicaid ,services ,the training program under subsection 7a7 shall include training on coordinating care between the ,department and ,medicare and ,medicaid1 including pursuant to the memorandum of understanding between the ,secretary of ,veterans ,affairs and the ,administrator of the ,centers for ,medicare ,medicaid ,services under section #f7;a74 7c7 ,definitions ,in this section3 7#a7 ,medicaid ,the term ,medicaid means the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,medicare ,the term ,medicare means the ,medicare program under title ,,xviii of such ,act 7#db ,u4,s4,c4 #acie et seq474 #h4 ,analysis of electronic health record of ,department of ,veterans ,affairs 7a7 ,in general ,the ,chief ,information ,officer of the ,veterans ,health ,administration1 in partnership with the ,chief ,information ,officer of the ,department of ,veterans ,affairs1 shall conduct a comprehensive cost-benefit analysis among selecting a commercial off-the-shelf electronic health record1 selecting an open source electronic health record1 or continuing the in-house custom development of the ,vist,a electronic health record currently in use by the ,veterans ,health ,administration4 7b7 ,elements ,the analysis conducted under subsection 7a7 shall-- 7#a7 take into account the complexities of the computerized patient record system architecture and infrastructure of the ,vist,a electronic health record and known issues with performance1 scalability1 extensibility1 interoperability1 and security of such health record2 and 7#b7 address full life-cycle costs1 including development time 7based on recent delivery trends71 availability of development resources1 maintenance and licensing costs1 and infrastructure costs4 7c7 ,report 7#a7 ,initial report ,not later than ,september #cj1 #bjag1 the ,secretary of ,veterans ,affairs 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 progress of the analysis conducted under subsection 7a74 7#b7 ,final report ,not later than ,december #ca1 #bjag1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives the results of the analysis conducted under subsection 7a74 #i4 ,reports assessing effectiveness of certain positions and offices of ,department of ,veterans ,affairs 7a7 ,report on ,,cio of ,veterans ,health ,administration 7#a7 ,in general ,not later than ,december #ca1 #bjag1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report assessing whether the ,chief ,information ,officer of the ,veterans ,health ,administration serves as an effective advocate for the information technology needs of the ,department of ,veterans ,affairs for health care delivery4 7#b7 ,elements ,the report required by paragraph 7#a7 shall include a description of the requirements for an effective health care management system that would advance the mission and goals of the ,veterans ,health ,administration4 7#c7 ,use of information ,in preparing the report under paragraph 7#a71 the ,secretary shall include information from the ,under ,secretary for ,health of the ,department of ,veterans ,affairs and the ,chief ,information ,officer of the ,department of ,veterans ,affairs4 7b7 ,report on ,office of ,information and ,technology 7#a7 ,in general ,not later than ,december #ca1 #bjag1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report assessing whether the ,office of ,information and ,technology of the ,department of ,veterans ,affairs acts as a service provider and delivers information technology capabilities and services that improve health care delivery to veterans4 7#b7 ,use of survey data ,in preparing the report under paragraph 7#a71 the ,secretary shall include the results of clinician and veteran surveys assessing the quality of and satisfaction with capabilities and services of the ,department4 #aj4 ,sense of ,congress regarding reforms at the ,veterans ,health ,administration 7a7 ,findings ,congress finds that section #bja of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note7 required an independent assessment of the hospital care1 medical services1 and other health care furnished in medical facilities of the ,department of ,veterans ,affairs4 ,that assessment provided valuable insight into needed reforms at the ,veterans ,health ,administration1 particularly with respect to governance1 operations1 data and tools1 and leadership4 7b7 ,sense of ,congress 7#a7 ,in general ,it is the sense of ,congress that the ,secretary of ,veterans ,affairs should take every effort to address as many of the reforms described in subsection 7a7 as practicable4 7#b7 ,elements ,in making reforms described in subsection 7a71 it is the sense of ,congress that the ,secretary should do the following3 7,a7 ,improve the overall management of the ,veterans ,health ,administration as follows3 7i7 ,by ensuring that the ,administration provides the decision making rights1 authorities1 and responsibilities to the lowest appropriate level4 ,such decision making rights1 authorities1 and responsibilities should be articulated by level1 organization1 and role1 and should be standardized to the extent possible while allowing local flexibility based on local needs4 7ii7 ,by clarifying the roles and responsibilities of the ,central ,office of the ,administration1 the ,veterans ,integrated ,service ,networks1 the medical centers of the ,department1 the community-based outpatient clinics of the ,department1 and other organizational entities1 while prioritizing providing support to the field4 7iii7 ,by reassessing all of the directed metrics and policies of the ,central ,office of the ,administration to ensure those metrics and policies add sufficient value to patient outcomes4 ,the ,secretary should eliminate the metrics and policies that do not add sufficient value to patient outcomes4 7iv7 ,by reviewing the implementation of the ,patient ,aligned ,care ,team staffing model of the ,department1 including by determining areas for improvement1 to examine-- 7,i7 causes of gaps in facility benchmarks between actual1 maximum1 modeled1 and external benchmarks2 and 7,,ii7 impacts on access to quality of care and appropriateness of performance standards and guidelines4 7,b7 ,improve collaboration between the ,office of ,information and ,technology of the ,department and the ,veterans ,health ,administration4 7,c7 ,improve resource management and business processes by-- 7i7 prioritizing the use of a patient-centered demand model that forecasts resources needed by geographic location to improve access and make informed resourcing decisions2 and 7ii7 improving coordination across patient access1 clinical administration1 and patient accounting functions by forming an internal committee of key revenue cycle and administrative stakeholders1 standardizing the recovery processes for billing1 improving third-party contracts management1 and developing approaches to resolve frequently recurring denials4