Sec. 301. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers
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The Secretary of Veterans Affairs shall ensure timely access of all veterans to the hospital care, medical services, and other health care for which such veterans are eligible under the laws administered by the Secretary through the enhanced use of authorities specified in paragraph
(2)on the provision of such care and services through non-Department of Veterans Affairs providers (commonly referred to as non-Department of Veterans Affairs medical care ). The authorities specified in this paragraph are the following: Section 1703 of title 38, United States Code, relating to contracts for the provision of hospital care and medical services through non-Department facilities. Section 1725 of such title, relating to reimbursement of certain veterans for the reasonable value of emergency treatment at non-Department facilities. Section 1728 of such title, relating to reimbursement of certain veterans for customary and usual charges of emergency treatment from sources other than the Department. Section 1786 of such title, relating to health care services furnished to newborn children of women veterans who are receiving maternity care furnished by the Department at a non-Department facility. Any other authority under the laws administered by the Secretary to provide hospital care, medical services, or other health care from a non-Department provider, including the following: A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )). The Department of Defense. The Indian Health Service. In ensuring timely access of all veterans to the care and services described in paragraph
(1)through the enhanced use of authorities specified in paragraph (2), the Secretary shall require the following: That each veteran who has not received hospital care, medical services, or other health care from the Department and is seeking an appointment for primary care under the laws administered by the Secretary receive an appointment for primary care at a time consistent with timeliness measures established by the Secretary for purposes of providing primary care to all veterans. That the determination whether to refer a veteran for specialty care through a non-Department provider shall take into account the urgency and acuity of such veteran's need for such care, including— the severity of the condition of such veteran requiring specialty care; and the wait-time for an appointment with a specialist with respect to such condition at the nearest medical facility of the Department with the capacity to provide such care. That the determination whether a veteran shall receive hospital care, medical services, or other health care from the Department through facilities of the Department or through non-Department providers pursuant to the authorities specified in paragraph
(2)shall take into account, in the manner specified by the Secretary, the following: The distance the veteran would be required to travel to receive care or services through a non-Department provider compared to the distance the veteran would be required to travel to receive care or services from a medical facility of the Department. Any factors that might limit the ability of the veteran to travel, including age, access to transportation, and infirmity. The wait-time for the provision of care or services through a non-Department provider compared to the wait-time for the provision of care or services from a medical facility of the Department. Where the veteran would prefer to receive the care and services described in paragraph (1), unless the preference of the veteran conflicts with any of the other requirements of this paragraph. That the Department maximize the use of hospital care, medical services, and other health care available to the Department through non-Department providers, including providers available to provide such care and services as follows: Pursuant to contracts under the Patient-Centered Community Care Program of the Department. Pursuant to contracts between a facility or facilities of the Department and a local facility or provider. Pursuant to contracts with Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )), the Department of Defense, or the Indian Health Service. On a fee-for-service basis. In providing hospital care, medical services, and other health care to veterans through non-Department providers pursuant to the authorities specified in paragraph (2), the Secretary shall ensure that any such provider submits to the Department any medical record related to the care and services provided to a veteran by that provider for inclusion in the electronic medical record of such veteran maintained by the Department upon the completion of the provision of such care and services to such veteran. Not later than 45 days after the date of the enactment of this Act, 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 implementation of the requirements under subsection
(a)and (b), including a plan to enforce the proper implementation of such requirements systematically throughout the Department. Not later than 90 days after the submittal of the report required by paragraph (1), and every 90 days thereafter for one year, 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 that includes the following: The progress of the Secretary in carrying out the plan under paragraph
(1)to enforce the proper implementation of the requirements under subsection
(a)and
(b)systematically throughout the Department. The impact of the implementation of such requirements on wait-times for veterans to receive hospital care, medical services, and other health care, disaggregated by— new patients; existing patients; primary care; and specialty care. Any recommendations for changes or improvements to such requirements. Any requests for additional funding necessary to carry out such requirements.
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Sec. 301
Improvement of access by veterans to health care from non-Department of Veterans Affairs providers
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