Sec. 3. Procurement of prosthetic appliances and surgical implants
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Section 8123 of title 38, United States Code, is amended to read as follows (and the table of sections at the beginning of chapter 81 of such title is amended accordingly): The Secretary may procure prosthetic appliances and surgical implants by purchase, manufacture, contract, or in such other manner that the Secretary determines to be proper. The Secretary shall maintain a catalog of prosthetic appliances and surgical implants that the Secretary procures by purchase or contract.
The Secretary shall coordinate with the Secretary of Defense to ensure that such catalog requires the same data regarding a prosthetic appliance or surgical implant that is required by the Defense Health Agency. The Secretary shall implement a process by which a manufacturer of a prosthetic appliance or surgical implant may propose to the Secretary a proposed revision to such catalog (including with regards to form, size, generation, or model)— by standardized and electronic means; that minimizes the documentation required by such a manufacturer.
The Secretary shall procure all surgical implants used in a medical procedure through— a firm-fixed price single purchase order submitted and processed through the Prosthetic and Sensory Aids Service of the Department; in accordance with the Federal Acquisition Regulation; and a process that— eliminates duplicative billing; and allows the Secretary to correct errors in real time. In this section: The term Federal Acquisition Regulation means the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41.
The term firm-fixed price has the meaning given such term in the Federal Acquisition Regulation. The term prosthetic appliance includes any service or product required in the fitting, supplying, training, or use of a prosthetic appliance. The term surgical implant includes any item used in a surgery regarding a surgical implant, including an implantable device, a screw, guidewire, or surgical tool. . The Secretary of Veterans Affairs shall implement— subsection
(c)of such section, as added by this section, not later than one year after the date of the enactment of this Act; and subsection
(b)of such section, as added by this section, not later than three years after the date of the enactment of this Act. Until the Secretary implements such subsection, the Secretary shall accept a proposed revision described in such subsection during at least two periods, prescribed by the Secretary, per year.