Sec. 902. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH CARE PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR HIGHLY RURAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS
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## SEC. 902 AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH CARE PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR HIGHLY RURAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS **[**[38 U.S.C. 7401 note](/us/usc/t38/s7401)**]** ###
(a)In General For any covered health care professional to whom the Secretary of Veterans Affairs has offered employment with the Department of Veterans Affairs, the Secretary may buy out the non-Department service contract of such individual in exchange for such individual agreeing to be employed at a rural or highly rural facility of the Department for a period of obligated service specified in subsection (c). ###
(b)Payment of Amounts ####
(1)In general Payment of any amounts for a buy out of a service contract for a covered health care professional under subsection
(a)shall be made directly to the individual or entity with respect to which the covered health care professional has a service obligation under such contract. ####
(2)Limitation on total amount The total amount paid by the Department under this section shall not exceed $40,000,000 per fiscal year. ###
(c)Obligated Service In exchange for a contract buy out under subsection (a), a covered health care professional shall agree to be employed for not less than four years at a rural or highly rural facility of the Department. ###
(d)Liability ####
(1)In general Except as provided in paragraph (2), if a covered health care professional fails for any reason to complete the period of obligated service of the individual under subsection (c), the United States shall be entitled to recover from the individual an amount equal to— #####
(A)the total amount paid under subsection
(a)to buy out the non-Department service contract of the individual; multiplied by #####
(B)a fraction— ######
(i)the numerator of which is— ######
(I)the total number of months in the period of obligated service of the individual; minus ######
(II)the number of months served by the individual; and ######
(ii)the denominator of which is the total number of months in the period of obligated service of the individual. ####
(2)Exception Liability shall not arise under paragraph
(1)in the case of an individual covered by that paragraph if the individual does not obtain, or fails to maintain, employment as an employee of the Department due to staffing changes approved by the Under Secretary for Health. ###
(e)Annual Report ####
(1)In general Not later than 18 months after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Veterans Affairs 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 use by the Secretary of the authority under this section. ####
(2)Elements Each report required by paragraph
(1)shall include the following: #####
(A)The number of health care professionals for whom a service contract buyout payment was made under subsection
(a)in the previous fiscal year, disaggregated by occupation or specialty. #####
(B)The average, highest, and lowest amount of the service contract buyout payments made under subsection
(a)for each occupation or specialty in the previous fiscal year. #####
(C)Each location where contract buyout authority under subsection
(a)was utilized and the number of covered health care professionals who agreed to be employed at such location in the previous fiscal year. ###
(f)Definitions In this section: ####
(1)Covered health care professional The term “covered health care professional” means a physician, nurse anesthetist, physician assistant, or nurse practitioner offered employment with the Department regardless of the authority under which such employment is offered. ####
(2)Rural; highly rural The terms “rural” and “highly rural” have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture. ###
(g)Sunset This section shall terminate on September 30, 2027.
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Sec. 902
AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH CARE PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR HIGHLY RURAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS
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