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Code · BILL · 113th Congress · S. 2422 (Placed on Calendar Senate) — To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes. · Sec. 202

Sec. 202. Program of education at Uniformed Services University of the Health Sciences with specialization in primary care

1,546 words·~7 min read·/bill/113/s/2422/pcs/section-202·

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Chapter 76 of title 38, United States Code, is amended by adding after subchapter VII the following new subchapter: As part of the Educational Assistance Program, the Secretary shall, in collaboration with the Secretary of Defense, carry out a program to permit individuals to enroll in the Uniformed Services University of the Health Sciences under chapter 104 of title 10 to pursue a medical education with a specialization in primary care. The program shall be known as the Department of Veterans Affairs Primary Care Educational Assistance Program (in this chapter referred to as the Primary Care Educational Assistance Program ).
Medical students at the Uniformed Services University of the Health Sciences pursuant to the Primary Care Educational Assistance Program shall be selected by the Secretary, in consultation with the Secretary of Defense, in accordance with procedures established by the Secretaries for purposes of the Program. The procedures referred to in paragraph
(1)shall emphasize the basic requirement that students demonstrate a motivation and dedication to a medical career in primary care. The number of medical students selected each year for first-year enrollment in the University pursuant to this subsection shall be jointly determined by the Secretary and the Secretary of Defense. An agreement between the Secretary and a participant in the Primary Care Educational Assistance Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: The Secretary's agreement to cover the costs of the participant's education and training at the Uniformed Services University of the Health Sciences under chapter 104 of title 10 as if the participant were a medical student enrolled in the University pursuant to section 2114 of title 10. The participant's agreement to serve as a full-time employee in the Veterans Health Administration in a position as a primary care physician for a period of time (in this subchapter referred to as the period of obligated service ) of one calendar year for each school year or part thereof for which the participant was a medical student at the Uniformed Services University of the Health Sciences pursuant to the Primary Care Educational Assistance Program, but for not less than one year. An individual who receives education and training under the Primary Care Educational Assistance Program shall not be eligible for other assistance under this chapter in connection with such education and training. Each participant in the Primary Care Educational Assistance Program shall provide service as a full-time employee of the Department in the Veterans Health Administration in a primary care position for the period of obligated service provided in the agreement of the participant entered into for purposes of this subchapter. Such service shall be provided in a full-time primary care clinical practice in an assignment or location determined by the Secretary. Not later than 60 days before a participant's service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant's period of obligated service. As soon as possible after a participant's service commencement date, the Secretary shall— in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant's course of education or training prepared the participant, assign the participant to such a position. A participant's service commencement for purposes of this subsection date is the date upon which the participant becomes licensed to practice medicine in a State. A participant in the Primary Care Educational Assistance Program shall be considered to have begun serving the participant's period of obligated service— on the date on which the participant is appointed as a full-time employee in the Veterans Health Administration pursuant to subsection (b)(2)(A); or if the participant is a full-time employee in the Veterans Health Administration and assigned to a position pursuant to subsection (b)(2)(B), on the date on which the participant is so assigned to such position. A participant in the Primary Care Educational Assistance Program shall be liable to the United States for the amount which has been paid on behalf of the participant under the agreement entered into for purposes of this subchapter if any of the following occurs: The participant fails to maintain an acceptable level of academic standing in the Uniformed Services University of the Health Sciences. The participant is dismissed from the Uniformed Services University of the Health Sciences for disciplinary reasons. The participant voluntarily terminates the course of medical education and training in the Uniformed Services University of the Health Sciences before the completion of such course of education and training. The participant fails to become licensed to practice medicine in a State during a period of time determined under regulations prescribed by the Secretary. Liability under this subsection is in lieu of any service obligation arising under a participant's agreement for purposes of this subchapter. Except as provided in subsection
(c)and subject to paragraph (2), if a participant in the Primary Care Educational Assistance Program breaches the agreement entered into for purposes of this subchapter by failing for any reason to complete the participant's period of obligated service, the United States shall be entitled to recover from the participant an amount equal to— the total amount paid under this subchapter on behalf of the participant; multiplied by a fraction— the numerator of which is— the total number of months in the participant's period of obligated service; minus the number of months served by the participant pursuant to the agreement; and the denominator of which is the total number of months in the participant's period of obligated service. Any period of internship or residency training of a participant shall not be treated as satisfying the participant's period of obligated service for purposes of this subsection. Liability shall not arise under subsection
(b)in the case of a participant otherwise covered by that subsection if— the participant— does not obtain, or fails to maintain, employment as a Department employee due to staffing changes approved by the Under Secretary for Health; or does not obtain, or fails to maintain, employment in a position of primary care physician in the Veterans Health Administration due, as determined by the Secretary, to a number of primary care physicians in the Administration that is excess to the needs of the Administration; and the participant agrees to accept and maintain employment as a primary care physician with another department or agency of the Federal Government (with such employment to be under such terms and conditions as are jointly agreed upon by the participant, the Secretary, and the head of such department or agency, including terms and conditions relating to a period of obligated service as a primary care physician with such department or agency) if such employment is offered to the participant by the Secretary and the head of such department or agency. Amounts for the Primary Care Educational Assistance Program shall be derived from amounts available to the Secretary for the Veterans Health Administration. The Secretary shall transfer to the Secretary of Defense amounts required by the Secretary of Defense to carry out the Primary Care Educational Assistance Program. Amounts transferred to the Secretary of Defense pursuant to paragraph
(1)shall be credited to the appropriation or account providing funding for the Uniformed Services University of the Health Sciences. Amounts so credited shall be merged with amounts in the appropriation or account to which credited and shall be available, subject to the terms and conditions applicable to such appropriation or account, for the Uniformed Services University of the Health Sciences. . The table of sections at the beginning of chapter 76 of such title is amended by adding after the item relating to section 7684 the following: SUBCHAPTER VIII—Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care 7691. Authority for program. 7692. Selection; agreement; ineligibility for certain other educational assistance. 7693. Obligated service. 7694. Breach of agreement: liability. 7695. Funding. . Section 7601(a) of such title is amended— in paragraph (4), by striking ; and and inserting a semicolon; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: the enrollment of individuals in the Uniformed Services University of the Health Sciences for specialization in primary care provided for in subchapter VIII of this chapter. . Subsection (a)(1) of section 7603 of such title is amended in the matter preceding subparagraph
(A)by striking , or VI and inserting , VI, or VIII . Subsection
(d)of such section is amended— by striking In selecting and inserting
(1)Except as provided in paragraph (2), in selecting ; and by adding at the end the following new paragraph: Paragraph
(1)shall not apply with respect to applicants for participation in the Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care pursuant to subchapter VIII of this chapter. . Section 7604 of such title is amended by striking , or VI each place it appears and inserting , VI, or VIII .
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