Sec. 105. Standardized process to determine eligibility of covered veterans for participation in certain mental health treatment programs
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/bill/118/hr/8371/ih/section-105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a standardized screening process to determine, based on clinical need, whether a covered veteran satisfies criteria for priority or routine admission to a covered treatment program. Under the standardized screening process required by subsection (a), a covered veteran shall be eligible for priority admission to a covered treatment program if the covered veteran meets criteria that include, but are not limited to, the following:
Symptoms that— significantly affect activities of daily life; and increase the risk of such veteran for adverse outcomes. An unsafe living situation. A high-risk flag for suicide. A determination of being a high risk for suicide. Risk factors for overdose. Non-responsive, relapsed, or unable to find recovery from one other course of treatment, such as outpatient or intensive outpatient treatment. Other such criteria as the Secretary determines appropriate. In making a determination under paragraph (1), the Secretary shall consider any referral of a health care provider of a covered veteran for such covered veteran to be admitted to a covered treatment program.
Under the standardized screening process required by subsection (a), the Secretary shall ensure a covered veteran— is screened not later than 48 hours after the date on which the covered veteran, or a relevant health care provider, makes a request for the covered veteran to be admitted to a covered treatment program. determined eligible for priority admission to a covered treatment program is admitted to such covered treatment program not later than 48 hours after the date of such determination.
The Secretary shall include the standardized screening process under this section in the wait time access standards for eligibility for mental health care under section 1703(d) of such title established by the Secretary under section 1703B of such title. If the Secretary determines a covered veteran to be eligible for either priority or routine admission to a covered treatment program pursuant to the standardized screening process required by subsection (a), and the Secretary is unable to admit such covered veteran to a clinically appropriate covered treatment program at a facility of the Department of Veterans Affairs within the State of residence of the covered veteran in a manner that complies with the applicable wait time standards established pursuant to this section, the Secretary shall offer the covered veteran the option to receive care— at another facility of the Department; or at a non-Department facility that— can admit the covered veteran within the period required by the applicable standards of the Department; and is party to a contract or agreement with the Department or enters into such a contract or agreement under which the Department furnishes a program that is equivalent to a covered treatment program to a veteran through such non-Departmental facility.
The authority of the Secretary to make a determination under this section expires on the day that is two years after the date of the enactment of this Act. Paragraph
(1)shall not be construed to affect a covered veteran in a covered treatment program pursuant to a determination made on or before the date in such paragraph. In this section: The term covered treatment program — means a mental health residential rehabilitation treatment program of the Department of Veterans Affairs; a program of the Department for residential care for mental health and substance abuse disorders; includes— the programs designated as of the date of the enactment of this section as domiciliary residential rehabilitation treatment programs; and any programs designated as domiciliary residential rehabilitation treatment programs on or after such date of enactment; and does not include Compensated Work Therapy Transition Residence programs of the Department. The term covered veteran means a veteran described in section 1703(b) of title 38, United States Code.