Sec. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS

1,284 words·~6 min read·/statute-compilations/comps-10359/sec-726

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 726 TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS **[**[38 U.S.C. 1712A note](/us/usc/t38/s1712A)**]** ###

(a)Measurement of Mental Health Care Services ####

(1)In general Not later than December 31, 2013, the Secretary of Veterans Affairs shall develop and implement a comprehensive set of measures to assess mental health care services furnished by the Department of Veterans Affairs. ####

(2)Elements The measures developed and implemented under paragraph

(1)shall provide an accurate and comprehensive assessment of the following: #####

(A)The timeliness of the furnishing of mental health care by the Department. #####

(B)The satisfaction of patients who receive mental health care services furnished by the Department. #####

(C)The capacity of the Department to furnish mental health care. #####

(D)The availability and furnishing of evidence-based therapies by the Department. ###

(b)Guidelines for Staffing Mental Health Care Services Not later than December 31, 2013, the Secretary shall develop and implement guidelines for the staffing of general and specialty mental health care services, including at community-based outpatient clinics. Such guidelines shall include productivity standards for providers of mental health care. ###

(c)Study Committee ####

(1)In general The Secretary shall seek to enter into a contract with the National Academy of Sciences to create a study committee— #####

(A)to consult with the Secretary on the Secretary’s development and implementation of the measures and guidelines required by subsections

(a)and (b); and #####

(B)to conduct an assessment and provide an analysis and recommendations on the state of Department mental health services. ####

(2)Functions In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(B), include in such contract a provision for the study committee— #####

(A)to conduct a comprehensive assessment of barriers to access to mental health care by veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; #####

(B)to assess the quality of the mental health care being provided to such veterans (including the extent to which veterans are afforded choices with respect to modes of treatment) through site visits to facilities of the Veterans Health Administration (including at least one site visit in each Veterans Integrated Service Network), evaluating studies of patient outcomes, and other appropriate means; #####

(C)to assess whether, and the extent to which, veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn are being offered a full range of necessary mental health services at Department health care facilities, including early intervention services for hazardous drinking, relationship problems, and other behaviors that create a risk for the development of a chronic mental health condition; #####

(D)to conduct surveys or have access to Department-administered surveys of— ######

(i)providers of Department mental health services; ######

(ii)veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are receiving mental health care furnished by the Department; and ######

(iii)eligible veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are not using Department health care services to assess those barriers described in subparagraph (A); and #####

(E)to provide to the Secretary, on the basis of its assessments as delineated in subparagraphs

(A)through (C), specific, detailed recommendations— ######

(i)for overcoming barriers, and improving access, to timely, effective mental health care at Department health care facilities (or, where Department facilities cannot provide such care, through contract arrangements under existing law); and ######

(ii)to improve the effectiveness and efficiency of mental health services furnished by the Secretary. ####

(3)Participation by former officials and employees of veterans health administration The Secretary shall ensure that any contract entered into under paragraph

(1)provides for inclusion on any subcommittee which participates in conducting the assessments and formulating the recommendations provided for in paragraph

(2)at least one former official of the Veterans Health Administration and at least two former employees of the Veterans Health Administration who were providers of mental health care. ####

(4)Periodic reports to secretary In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(A), include in such contract a provision for the submittal to the Secretary of periodic reports and provision of other consultation to the Secretary by the study committee to assist the Secretary in carrying out subsections

(a)and (b). ####

(5)Reports to congress Not later than 30 days after receiving a report under paragraph (4), 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 plans of the Secretary to implement such recommendations submitted to the Secretary by the study committee as the Secretary considers appropriate. Such report shall include a description of each recommendation submitted to the Secretary that the Secretary does not plan to carry out and an explanation of why the Secretary does not plan to carry out such recommendation. ###

(d)Publication ####

(1)In general The Secretary shall make available to the public on an Internet website of the Department the following: #####

(A)The measures and guidelines developed and implemented under this section. #####

(B)An assessment of the performance of the Department using such measures and guidelines. ####

(2)Quarterly updates The Secretary shall update the measures, guidelines, and assessment made available to the public under paragraph

(1)not less frequently than quarterly. ###

(e)Semiannual Reports ####

(1)In general Not later than June 30, 2013, and not less frequently than twice each year thereafter, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s progress in developing and implementing the measures and guidelines required by this section. ####

(2)Elements Each report submitted under paragraph

(1)shall include the following: #####

(A)A description of the development and implementation of the measures required by subsection

(a)and the guidelines required by subsection (b). #####

(B)A description of the progress made by the Secretary in developing and implementing such measures and guidelines. #####

(C)An assessment of the mental health care services furnished by the Department, using the measures developed and implemented under subsection (a). #####

(D)An assessment of the effectiveness of the guidelines developed and implemented under subsection (b). #####

(E)Such recommendations for legislative or administrative action as the Secretary may have to improve the effectiveness and efficiency of the mental health care services furnished under laws administered by the Secretary. ###

(f)Implementation Report ####

(1)In general Not later than 30 days before the date on which the Secretary begins implementing the measures and guidelines required by this section, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s planned implementation of such measures and guidelines. ####

(2)Elements The report required by paragraph

(1)shall include the following: #####

(A)A detailed description of the measures and guidelines that the Secretary plans to implement under this section. #####

(B)A description of the rationale for each measure and guideline the Secretary plans to implement under this section. #####

(C)A discussion of each measure and guideline that the Secretary considered under this section but chose not to implement. #####

(D)The number of current vacancies in mental health care provider positions in the Department. #####

(E)An assessment of how many additional positions are needed to meet current or expected demand for mental health services furnished by the Department.

Connections1 off-index

1 reference not yet in our index

38 USC 1712A

Citation graph

cites case law

Sec. 726

TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS

Cite38 USC 1712A

Cites 1Cited by 0 across 0 sources