Sec. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT, AND TRANSITION OF RECOVERING SERVICE MEMBERS
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## SEC. 1611 COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT, AND TRANSITION OF RECOVERING SERVICE MEMBERS **[**[10 U.S.C. 1071 note](/us/usc/t10/s1071)**]** ###
(a)Comprehensive Policy Required ####
(1)In general Not later than July 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent feasible, jointly develop and implement a comprehensive policy on improvements to the care, management, and transition of recovering service members. ####
(2)Scope of policy The policy shall cover each of the following: #####
(A)The care and management of recovering service members. #####
(B)The medical evaluation and disability evaluation of recovering service members. #####
(C)The return of service members who have recovered to active duty when appropriate. #####
(D)The transition of recovering service members from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs. ####
(3)Consultation The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government and with appropriate non-governmental organizations having an expertise in matters relating to the policy. ####
(4)Update The Secretary of Defense and the Secretary of Veterans Affairs shall jointly update the policy on a periodic basis, but not less often than annually, in order to incorporate in the policy, as appropriate, the following: #####
(A)The results of the reviews required under subsections
(b)and (c). #####
(B)Best practices identified through pilot programs carried out under this title. #####
(C)Improvements to matters under the policy otherwise identified and agreed upon by the Secretary of Defense and the Secretary of Veterans Affairs. ###
(b)Review of Current Policies and Procedures ####
(1)Review required In developing the policy required by subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent necessary, jointly and separately conduct a review of all policies and procedures of the Department of Defense and the Department of Veterans Affairs that apply to, or shall be covered by, the policy. ####
(2)Purpose The purpose of the review shall be to identify the most effective and patient-oriented approaches to care and management of recovering service members for purposes of— #####
(A)incorporating such approaches into the policy; and #####
(B)extending such approaches, where applicable, to the care and management of other injured or ill members of the Armed Forces and veterans. ####
(3)Elements In conducting the review, the Secretary of Defense and the Secretary of Veterans Affairs shall— #####
(A)identify among the policies and procedures described in paragraph
(1)best practices in approaches to the care and management of recovering service members; #####
(B)identify among such policies and procedures existing and potential shortfalls in the care and management of recovering service members (including care and management of recovering service members on the temporary disability retired list), and determine means of addressing any shortfalls so identified; #####
(C)determine potential modifications of such policies and procedures in order to ensure consistency and uniformity, where appropriate, in the application of such policies and procedures— ######
(i)among the military departments; ######
(ii)among the Veterans Integrated Services Networks (VISNs) of the Department of Veterans Affairs; and ######
(iii)between the military departments and the Veterans Integrated Services Networks; and #####
(D)develop recommendations for legislative and administrative action necessary to implement the results of the review. ####
(4)Deadline for completion The review shall be completed not later than 90 days after the date of the enactment of this Act. ###
(c)Consideration of Existing Findings, Recommendations, and Practices In developing the policy required by subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall take into account the following: ####
(1)The findings and recommendations of applicable studies, reviews, reports, and evaluations that address matters relating to the policy, including, but not limited, to the following: #####
(A)The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center, appointed by the Secretary of Defense. #####
(B)The Secretary of Veterans Affairs Task Force on Returning Global War on Terror Heroes, appointed by the President. #####
(C)The President's Commission on Care for America's Returning Wounded Warriors. #####
(D)The Veterans' Disability Benefits Commission established by title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1676; 38 U.S.C. 1101 note). #####
(E)The President's Task Force to Improve Health Care Delivery for Our Nation's Veterans, of March 2003. #####
(F)The Report of the Congressional Commission on Servicemembers and Veterans Transition Assistance, of 1999, chaired by Anthony J. Principi. #####
(G)The President's Commission on Veterans' Pensions, of 1956, chaired by General Omar N. Bradley. ####
(2)The experience and best practices of the Department of Defense and the military departments on matters relating to the policy. ####
(3)The experience and best practices of the Department of Veterans Affairs on matters relating to the policy. ####
(4)Such other matters as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. ###
(d)Training and Skills of Health Care Professionals, Recovery Care Coordinators, Medical Care Case Managers, and Non-Medical Care Managers for Recovering Service Members ####
(1)In general The policy required by subsection
(a)shall provide for uniform standards among the military departments for the training and skills of health care professionals, recovery care coordinators, medical care case managers, and non-medical care managers for recovering service members under subsection
(e)in order to ensure that such personnel are able to— #####
(A)detect early warning signs of post-traumatic stress disorder (PTSD), suicidal or homicidal thoughts or behaviors, and other behavioral health concerns among recovering service members; and #####
(B)promptly notify appropriate health care professionals following detection of such signs. ####
(2)Tracking of notifications In providing for uniform standards under paragraph (1), the policy shall include a mechanism or system to track the number of notifications made by recovery care coordinators, medical care case managers, and non-medical care managers to health care professionals under paragraph (1)(A) regarding early warning signs of post-traumatic stress disorder and suicide in recovering service members. ###
(e)Services for Recovering Service Members The policy required by subsection
(a)shall provide for improvements as follows with respect to the care, management, and transition of recovering service members: ####
(1)Comprehensive recovery plan for recovering service members The policy shall provide for uniform standards and procedures for the development of a comprehensive recovery plan for each recovering service member that covers the full spectrum of care, management, transition, and rehabilitation of the service member during recovery. ####
(2)Recovery care coordinators for recovering service members #####
(A)In general The policy shall provide for a uniform program for the assignment to recovering service members of recovery care coordinators having the duties specified in subparagraph (B). #####
(B)Duties The duties under the program of a recovery care coordinator for a recovering service member shall include, but not be limited to, overseeing and assisting the service member in the service member's course through the entire spectrum of care, management, transition, and rehabilitation services available from the Federal Government, including services provided by the Department of Defense, the Department of Veterans Affairs, the Department of Labor, and the Social Security Administration. #####
(C)Limitation on number of service members managed by coordinators The maximum number of recovering service members whose cases may be assigned to a recovery care coordinator under the program at any one time shall be such number as the policy shall specify, except that the Secretary of the military department concerned may waive such limitation with respect to a given coordinator for not more than 120 days in the event of unforeseen circumstances (as specified in the policy). #####
(D)Training The policy shall specify standard training requirements and curricula for recovery care coordinators under the program, including a requirement for successful completion of the training program before a person may assume the duties of such a coordinator. #####
(E)Resources The policy shall include mechanisms to ensure that recovery care coordinators under the program have the resources necessary to expeditiously carry out the duties of such coordinators under the program. #####
(F)Supervision The policy shall specify requirements for the appropriate rank or grade, and appropriate occupation, for persons appointed to head and supervise recovery care coordinators. ####
(3)Medical care case managers for recovering service members #####
(A)In general The policy shall provide for a uniform program among the military departments for the assignment to recovering service members of medical care case managers having the duties specified in subparagraph (B). #####
(B)Duties The duties under the program of a medical care case manager for a recovering service member (or the service member's immediate family or other designee if the service member is incapable of making judgments about personal medical care) shall include, at a minimum, the following: ######
(i)Assisting in understanding the service member's medical status during the care, recovery, and transition of the service member. ######
(ii)Assisting in the receipt by the service member of prescribed medical care during the care, recovery, and transition of the service member. ######
(iii)Conducting a periodic review of the medical status of the service member, which review shall be conducted, to the extent practicable, in person with the service member, or, whenever the conduct of the review in person is not practicable, with the medical care case manager submitting to the manager's supervisor a written explanation why the review in person was not practicable (if the Secretary of the military department concerned elects to require such written explanations for purposes of the program). #####
(C)Limitation on number of service members managed by managers The maximum number of recovering service members whose cases may be assigned to a medical care case manager under the program at any one time shall be such number as the policy shall specify, except that the Secretary of the military department concerned may waive such limitation with respect to a given manager for not more than 120 days in the event of unforeseen circumstances (as specified in the policy). #####
(D)Training The policy shall specify standard training requirements and curricula for medical care case managers under the program, including a requirement for successful completion of the training program before a person may assume the duties of such a manager. #####
(E)Resources The policy shall include mechanisms to ensure that medical care case managers under the program have the resources necessary to expeditiously carry out the duties of such managers under the program. #####
(F)Supervision at armed forces medical facilities The policy shall specify requirements for the appropriate rank or grade, and appropriate occupation, for persons appointed to head and supervise the medical care case managers at each medical facility of the Armed Forces. Persons so appointed may be appointed from the Army Medical Corps, Army Medical Service Corps, Army Nurse Corps, Navy Medical Corps, Navy Medical Service Corps, Navy Nurse Corps, Air Force Medical Service, or other corps or civilian health care professional, as applicable, at the discretion of the Secretary of Defense. ####
(4)Non-medical care managers for recovering service members #####
(A)In general The policy shall provide for a uniform program among the military departments for the assignment to recovering service members of non-medical care managers having the duties specified in subparagraph (B). #####
(B)Duties The duties under the program of a non-medical care manager for a recovering service member shall include, at a minimum, the following: ######
(i)Communicating with the service member and with the service member's family or other individuals designated by the service member regarding non-medical matters that arise during the care, recovery, and transition of the service member. ######
(ii)Assisting with oversight of the service member's welfare and quality of life. ######
(iii)Assisting the service member in resolving problems involving financial, administrative, personnel, transitional, and other matters that arise during the care, recovery, and transition of the service member. #####
(C)Duration of duties The policy shall provide that a non-medical care manager shall perform duties under the program for a recovering service member until the service member is returned to active duty or retired or separated from the Armed Forces. #####
(D)Limitation on number of service members managed by managers The maximum number of recovering service members whose cases may be assigned to a non-medical care manager under the program at any one time shall be such number as the policy shall specify, except that the Secretary of the military department concerned may waive such limitation with respect to a given manager for not more than 120 days in the event of unforeseen circumstances (as specified in the policy). #####
(E)Training The policy shall specify standard training requirements and curricula among the military departments for non-medical care managers under the program, including a requirement for successful completion of the training program before a person may assume the duties of such a manager. #####
(F)Resources The policy shall include mechanisms to ensure that non-medical care managers under the program have the resources necessary to expeditiously carry out the duties of such managers under the program. #####
(G)Supervision at armed forces medical facilities The policy shall specify requirements for the appropriate rank and occupational speciality for persons appointed to head and supervise the non-medical care managers at each medical facility of the Armed Forces. ####
(5)Access of recovering service members to non-urgent health care from the department of defense or other providers under tricare #####
(A)In general The policy shall provide for appropriate minimum standards for access of recovering service members to non-urgent medical care and other health care services as follows: ######
(i)In medical facilities of the Department of Defense. ######
(ii)Through the TRICARE program. #####
(B)Maximum waiting times for certain care The standards for access under subparagraph
(A)shall include such standards on maximum waiting times of recovering service members as the policy shall specify for care that includes, but is not limited to, the following: ######
(i)Follow-up care. ######
(ii)Specialty care. ######
(iii)Diagnostic referrals and studies. ######
(iv)Surgery based on a physician's determination of medical necessity. #####
(C)Waiver by recovering service members The policy shall permit any recovering service member to waive a standard for access under this paragraph under such circumstances and conditions as the policy shall specify. ####
(6)Assignment of recovering service members to locations of care #####
(A)In general The policy shall provide for uniform guidelines among the military departments for the assignment of recovering service members to a location of care, including guidelines that provide for the assignment of recovering service members, when medically appropriate, to care and residential facilities closest to their duty station or home of record or the location of their designated care giver at the earliest possible time. #####
(B)Reassignment from deficient facilities The policy shall provide for uniform guidelines and procedures among the military departments for the reassignment of recovering service members from a medical or medical-related support facility determined by the Secretary of Defense to violate the standards required by section 1648 to another appropriate medical or medical-related support facility until the correction of violations of such standards at the medical or medical-related support facility from which such service members are reassigned. ####
(7)Transportation and subsistence for recovering service members The policy shall provide for uniform standards among the military departments on the availability of appropriate transportation and subsistence for recovering service members to facilitate their obtaining needed medical care and services. ####
(8)Work and duty assignments for recovering service members The policy shall provide for uniform criteria among the military departments for the assignment of recovering service members to work and duty assignments that are compatible with their medical conditions. ####
(9)Access of recovering service members to educational and vocational training and rehabilitation The policy shall provide for uniform standards among the military departments on the provision of educational and vocational training and rehabilitation opportunities for recovering service members at the earliest possible point in their recovery. ####
(10)Tracking of recovering service members The policy shall provide for uniform procedures among the military departments on tracking recovering service members to facilitate— #####
(A)locating each recovering service member; and #####
(B)tracking medical care appointments of recovering service members to ensure timeliness and compliance of recovering service members with appointments, and other physical and evaluation timelines, and to provide any other information needed to conduct oversight of the care, management, and transition of recovering service members. ####
(11)Referrals of recovering service members to other care and services providers The policy shall provide for uniform policies, procedures, and criteria among the military departments on the referral of recovering service members to the Department of Veterans Affairs and other private and public entities (including universities and rehabilitation hospitals, centers, and clinics) in order to secure the most appropriate care for recovering service members, which policies, procedures, and criteria shall take into account, but not be limited to, the medical needs of recovering service members and the geographic location of available necessary recovery care services. ###
(f)Services for Families of Recovering Service Members The policy required by subsection
(a)shall provide for improvements as follows with respect to services for families of recovering service members: ####
(1)Support for family members of recovering service members The policy shall provide for uniform guidelines among the military departments on the provision by the military departments of support for family members of recovering service members who are not otherwise eligible for care under section 1672 in caring for such service members during their recovery. ####
(2)Advice and training for family members of recovering service members The policy shall provide for uniform requirements and standards among the military departments on the provision by the military departments of advice and training, as appropriate, to family members of recovering service members with respect to care for such service members during their recovery. ####
(3)Measurement of satisfaction of family members of recovering service members with quality of health care services The policy shall provide for uniform procedures among the military departments on the measurement of the satisfaction of family members of recovering service members with the quality of health care services provided to such service members during their recovery. ####
(4)Job placement services for family members of recovering service members The policy shall provide for procedures for application by eligible family members during a one-year period for job placement services otherwise offered by the Department of Defense. ###
(g)Outreach to Recovering Service Members and Their Families on Comprehensive Policy The policy required by subsection
(a)shall include procedures and mechanisms to ensure that recovering service members and their families are fully informed of the policies required by this section, including policies on medical care for recovering service members, on the management and transition of recovering service members, and on the responsibilities of recovering service members and their family members throughout the continuum of care and services for recovering service members under this section. ###
(h)Applicability of Comprehensive Policy to Recovering Service Members on Temporary Disability Retired List Appropriate elements of the policy required by this section shall apply to recovering service members whose names are placed on the temporary disability retired list in such manner, and subject to such terms and conditions, as the Secretary of Defense shall prescribe in regulations for purposes of this subsection.
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- Pub. L. 108-136
- 117 Stat. 1676
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Sec. 1611
COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT, AND TRANSITION OF RECOVERING SERVICE MEMBERS
Pub. L.Pub. L. 108-136
Stat.117 Stat. 1676
Cites 4Cited by 0 across 0 sources