Sec. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS MEDICAL DISABILITY EXAMINATIONS
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## SEC. 2002 MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS MEDICAL DISABILITY EXAMINATIONS ###
(a)Temporary Clarification of Licensure Requirements for Contractor Medical Professionals to Perform Medical Disability Examinations for the Department of Veterans Affairs Under Pilot Program for Use of Contract Physicians for Disability Examinations ####
(1)In general Subsection
(c)of section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) is amended to read as follows: > > ### “(c) Licensure of Contract Health Care Professionals > > > #### “(1) In general > > Notwithstanding any law regarding the licensure of health care professionals, a health care professional described in paragraph
(2)may conduct an examination pursuant to a contract entered into under subsection
(a)at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. > > > #### “(2) Health care professional described > > A health care professional described in this paragraph is a physician, physician assistant, nurse practitioner, audiologist, or psychologist, who— > > > ##### “(A) > > has a current unrestricted license to practice the health care profession of the physician, physician assistant, nurse practitioner, audiologist, or psychologist, as the case may be; > > > ##### “(B) > > is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and > > > ##### “(C) > > is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a).” > . ####
(2)Purpose **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** The purpose of the amendment made by paragraph
(1)is to expand the license portability for physicians assistants, nurse practitioners, audiologists, and psychologists to supplement the capacity of employees of the Department to provide medical examinations described in subsection (b). ####
(3)Rule of construction **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** The amendment made by paragraph
(1)shall not be construed to affect the license portability for physicians in effect under section 504(c) of such Act as in effect on the day before the date of the enactment of this Act. ####
(4)Sunset **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** On the date that is six years after the date of the enactment of this Act, subsection
(c)of such section shall read as it read on the day before the date of the enactment of this Act. ###
(b)Temporary Halt on Elimination of Medical Examiner Positions in Department of Veterans Affairs **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** The Secretary of Veterans Affairs shall temporarily suspend the efforts of the Secretary in effect on the day before the date of the enactment of this Act to eliminate medical examiner positions in the Department of Veterans Affairs until the number of individuals awaiting a medical examination with respect to medical disability of the individuals for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits is equal to or less than the number of such individuals who were awaiting such a medical examination with respect to such purposes on March 1, 2020. ###
(c)Report on Provision of Medical Examinations ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the provision of medical examinations described in subsection
(b)by the Department. ####
(2)Contents The report submitted under paragraph
(1)shall cover the following: #####
(A)How the Secretary will increase the capacity, efficiency, and timeliness of physician assistants, nurse practitioners, audiologists, and psychologists of the Veterans Health Administration with respect to completing medical examinations described in subsection (b). #####
(B)The total number of full-time equivalent employees among all physician assistants, nurse practitioners, audiologists, and psychologists needed for the increases described in subparagraph (A). #####
(C)An assessment regarding the importance of retaining a critical knowledge base within the Department for performing medical examinations for veterans filing claims for compensation under chapters 11 and 13 of title 38, United States Code, including with respect to military sexual trauma, post-traumatic stress disorder, traumatic brain injury, and toxic exposure. ####
(3)Collaboration The Secretary shall collaborate with the veterans community and stakeholders in the preparation of the report required by paragraph (1). ####
(4)Appropriate committees of congress defined In this subsection, the term “appropriate committees of Congress” means— #####
(A)the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and #####
(B)the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. ###
(d)Comptroller General of the United States Review ####
(1)Review required Not later than 360 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a review of the implementation of the pilot program authorized under subsection
(a)of section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note). ####
(2)Elements The review conducted under paragraph
(1)shall include the following: #####
(A)An assessment of the use of subsection
(c)of section 504 of such Act, as amended by subsection (a)(1) of this section. #####
(B)Efforts to retain and recruit medical examiners as employees of the Department. #####
(C)Use of telehealth for medical examinations described in subsection
(b)that are administered by the Department. ###
(e)Briefing on Recommendations of Comptroller General of the United States Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a briefing on how the Secretary will implement the recommendations of the Comptroller General of the United States regarding— ####
(1)the monitoring of the training of providers of examinations pursuant to contracts under section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note); and ####
(2)ensuring such providers receive such training. ###
(f)Holding Underperforming Contract Medical Examiners Accountable **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** The Secretary shall take such actions as may be necessary to hold accountable the providers of medical examinations pursuant to contracts under section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) who are underperforming in the meeting of the needs of veterans through the performance of medical examinations pursuant to such contracts.
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Sec. 2002
MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS MEDICAL DISABILITY EXAMINATIONS
Pub. L.Pub. L. 104-275
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