S. 2757 — Introduced in Senate

II 118th CONGRESS 1st Session S. 2757 IN THE SENATE OF THE UNITED STATES September 11, 2023Mr. Tester (for himself, Mr. Moran, Mrs. Murray, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To limit the Secretary of Veterans Affairs from modifying the rate of payment or reimbursement for transportation of veterans or other individuals via special modes of transportation under the laws administered by the Secretary, and for other purposes. 1. Short title This Act may be cited as the VA Emergency Transportation Access Act. 2. Limitation on modification of rate of payment or reimbursement for transportation of veterans or other individuals via special modes of transportation (a) In general Except as provided in subsection (b)— (1) the rate of payment or reimbursement for transportation of a veteran or other individual via a special mode of transportation under the laws administered by the Secretary of Veterans Affairs on or after January 1, 2023, shall be the rate in effect as of such date; and (2) the Secretary may not modify any such rate on or after the date of the enactment of this Act. (b) Exceptions (1) Increase of rate The Secretary may modify the rate of payment or reimbursement for transportation of a veteran or other individual via a special mode of transportation under the laws administered by the Secretary if such a change would increase such rate of payment or reimbursement. (2) Decrease of rate (A) Review and development of process The Secretary may decrease the rate of payment or reimbursement for transportation of a veteran or other individual via a special mode of transportation under the laws administered by the Secretary if the following requirements are met before the effective date of such decrease: (i) The Secretary conducts a thorough review and analysis of such decrease with respect to the following: (I) The economic impact of such decrease on the Department. (II) The economic impact of such decrease on the appropriate industry associated with the special mode of transportation or special modes of transportation in question. (III) The impact of such decrease on access to care for veterans. (ii) The Secretary develops a formal process for updating such rate of payment or reimbursement that would protect or expand the current level of access reviewed and analyzed under clause (i)(III). (iii) The Secretary conducts the review and analysis under clause (i) and develops the process under clause (ii) in consultation with a committee comprised of representation from the following: (I) Relevant industry experts. (II) The Centers for Medicare & Medicaid Services. (III) Appropriate subject matter experts of the Department of Veterans Affairs in the areas of transportation, access to care, integrated veteran care, rural veterans, native veterans, and any other areas as determined appropriate by the Secretary. (IV) Veterans service organizations. (iv) The Secretary confirms that the new rate reflects, at a minimum, the actual costs of transportation. (B) Additional requirements before rate decrease If a decrease permitted under subparagraph (A) to the rate of payment or reimbursement for transportation of a veteran or other individual via a special mode of transportation under the laws administered by the Secretary would allow for the establishment of a contracted rate different from the established rate of the Department, not later than two years before the effective date of such change, the Secretary shall— (i) establish a template and standardized process for such contracts and submit such template and standardized process to Congress for feedback; and (ii) issue guidance regarding such template and standardized process across appropriate entities within the Department and across the industry associated with the special mode of transportation or special modes of transportation covered by such contract. (c) Definitions In this section: (1) Special mode of transportation The term special mode of transportation has the meaning given that term in section 70.2 of title 38, Code of Federal Regulations, or successor regulations. (2) Veterans service organization The term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.