U.S. Congress - Text of S.2162 as Enrolled Bill Mental Health Improvements Act of 2007
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Donate NowS.2162 - Mental Health Improvements Act of 2007
A bill to improve the treatment and services provided by the Department of Veterans Affairs to veterans with post-traumatic stress disorder and substance use disorders, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 4,529 | n/a | n/a |
| Reported in Senate | 9,018 | 120 | 40% |
| Engrossed in Senate | 10,086 | 257 | 74% |
| Engrossed Amendment House | 14,644 | 351 | 76% |
| Enrolled Bill | 14,156 | 19 Show Changes Hide Changes | 1% |
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S 2162 EAHIn the House of Representatives, U. S.,
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To improve the treatment and services provided by the Department of Veterans Affairs to veterans with post-traumatic stress disorder and substance use disorders, and for other purposes’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert:.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink
(a) Short Title- This Act may be cited as the ‘Veterans’ Mental Health and Other Care Improvements Act of 2008’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. References to title 38, United States Code.CommentsClose CommentsPermalink
TITLE I--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARE
Sec. 101. Tribute to Justin Bailey.CommentsClose CommentsPermalink
Sec. 102. Findings on substance use disorders and mental health.CommentsClose CommentsPermalink
Sec. 103. Expansion of substance use disorder treatment services provided by Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 104. Care for veterans with mental health and substance use disorders.CommentsClose CommentsPermalink
Sec. 105. Pilot program for Internet-based substance use disorder treatment for veterans of Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink
Sec. 106. Report on residential mental health care facilities of the Veterans Health Administration.CommentsClose CommentsPermalink
Sec. 107. Pilot program on peer outreach and support for veterans and use of community mental health centers and Indian Health Service facilities.CommentsClose CommentsPermalink
TITLE II--MENTAL HEALTH RESEARCH
Sec. 201. Research program on comorbid post-traumatic stress disorder and substance use disorders.CommentsClose CommentsPermalink
Sec. 202. Extension of authorization for Special Committee on Post-Traumatic Stress Disorder.CommentsClose CommentsPermalink
TITLE III--ASSISTANCE FOR FAMILIES OF VETERANS
Sec. 301. Clarification of authority of Secretary of Veterans Affairs to provide mental health services to families of veterans.CommentsClose CommentsPermalink
Sec. 302. Pilot program on provision of readjustment and transition assistance to veterans and their families in cooperation with Vet Centers.CommentsClose CommentsPermalink
TITLE IV--HEALTH CARE MATTERS
Sec. 401. Veterans beneficiary travel program.CommentsClose CommentsPermalink
Sec. 402. Mandatory reimbursement of veterans receiving emergency treatment in non-Department of Veterans Affairs facilities until transfer to Department facilities.CommentsClose CommentsPermalink
Sec. 403. Pilot program of enhanced contract care authority for health care needs of veterans in highly rural areas.CommentsClose CommentsPermalink
Sec. 404. Epilepsy centers of excellence.CommentsClose CommentsPermalink
Sec. 405. Establishment of qualifications for peer specialist appointees.CommentsClose CommentsPermalink
Sec. 406. Establishment of consolidated patient accounting centers.CommentsClose CommentsPermalink
Sec. 407. Repeal of limitation on authority to conduct widespread HIV testing program.CommentsClose CommentsPermalink
Sec. 408. Provision of comprehensive health care by Secretary of Veterans Affairs to children of Vietnam veterans born with Spina Bifida.CommentsClose CommentsPermalink
Sec. 409. Exemption from copayment requirement for veterans receiving hospice care.CommentsClose CommentsPermalink
TITLE V--PAIN CARE
Sec. 501. Comprehensive policy on pain management.CommentsClose CommentsPermalink
TITLE VI--HOMELESS VETERANS MATTERS
Sec. 601. Increased authorization of appropriations for comprehensive service programs.CommentsClose CommentsPermalink
Sec. 602. Expansion and extension of authority for program of referral and counseling services for at-risk veterans transitioning from certain institutions.CommentsClose CommentsPermalink
Sec. 603. Permanent authority for domiciliary services for homeless veterans and enhancement of capacity of domiciliary care programs for female veterans.CommentsClose CommentsPermalink
Sec. 604. Financial assistance for supportive services for very low-income veteran families in permanent housing.CommentsClose CommentsPermalink
TITLE VII--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL FACILITY LEASES
Sec. 701. Authorization for fiscal year 2009 major medical facility projects.CommentsClose CommentsPermalink
Sec. 702. Modification of authorization amounts for certain major medical facility construction projects previously authorized.CommentsClose CommentsPermalink
Sec. 703. Authorization of fiscal year 2009 major medical facility leases.CommentsClose CommentsPermalink
Sec. 704. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 705. Increase in threshold for major medical facility leases requiring Congressional approval.CommentsClose CommentsPermalink
Sec. 706. Conveyance of certain non-Federal land by City of Aurora, Colorado, to Secretary of Veterans Affairs for construction of veterans medical facility.CommentsClose CommentsPermalink
Sec. 707. Report on facilities administration.CommentsClose CommentsPermalink
Sec. 708. Annual report on outpatient clinics.CommentsClose CommentsPermalink
Sec. 709. Name of Department of Veterans Affairs spinal cord injury center, Tampa, Florida.CommentsClose CommentsPermalink
TITLE VIII--EXTENSION OF CERTAIN AUTHORITIES
Sec. 801. Repeal of sunset on inclusion of noninstitutional extended care services in definition of medical services.CommentsClose CommentsPermalink
Sec. 802. Extension of recovery audit authority.CommentsClose CommentsPermalink
Sec. 803. Permanent authority for provision of hospital care, medical services, and nursing home care to veterans who participated in certain chemical and biological testing conducted by the Department of Defense.CommentsClose CommentsPermalink
Sec. 804. Extension of expiring collections authorities.CommentsClose CommentsPermalink
Sec. 805. Extension of nursing home care.CommentsClose CommentsPermalink
Sec. 806. Permanent authority to establish research corporations.CommentsClose CommentsPermalink
Sec. 807. Extension of requirement to submit annual report on the Committee on Care of Severely Chronically Mentally Ill Veterans.CommentsClose CommentsPermalink
Sec. 808. Permanent requirement for biannual report on Women’s Advisory Committee.CommentsClose CommentsPermalink
Sec. 809. Extension of pilot program on improvement of caregiver assistance services.CommentsClose CommentsPermalink
TITLE IX--OTHER MATTERS
Sec. 901. Technical amendments.CommentsClose CommentsPermalink
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.CommentsClose CommentsPermalink
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.CommentsClose CommentsPermalink
TITLE I--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARECommentsClose CommentsPermalink
SEC. 101. TRIBUTE TO JUSTIN BAILEY.CommentsClose CommentsPermalink
This title is enacted in tribute to Justin Bailey, who, after returning to the United States from service as a member of the Armed Forces in Operation Iraqi Freedom, died in a domiciliary facility of the Department of Veterans Affairs while receiving care for post-traumatic stress disorder and a substance use disorder.CommentsClose CommentsPermalink
SEC. 102. FINDINGS ON SUBSTANCE USE DISORDERS AND MENTAL HEALTH.CommentsClose CommentsPermalink
Congress makes the following findings:CommentsClose CommentsPermalink
(1) More than 1,500,000 members of the Armed Forces have been deployed in Operation Iraqi Freedom and Operation Enduring Freedom. The 2005 Department of Defense Survey of Health Related Behaviors Among Active Duty Personnel reports that 23 percent of members of the Armed Forces on active duty acknowledge a significant problem with alcohol use disorder, with similar rates of acknowledged problems with alcohol use disorder among members of the National Guard.CommentsClose CommentsPermalink
(2) The effects of substance use disorder are wide ranging, including significantly increased risk of suicide, exacerbation of mental and physical health disorders, breakdown of family support, and increased risk of unemployment and homelessness.CommentsClose CommentsPermalink
(3) While veterans suffering from mental health conditions, chronic physical illness, and polytrauma may be at increased risk for development of a substance use disorder, treatment for these veterans is complicated by the need to address adequately the physical and mental symptoms associated with these conditions through appropriate medical intervention.CommentsClose CommentsPermalink
(4) While the Veterans Health Administration has dramatically increased health services for veterans from 1996 through 2006, the number of veterans receiving specialized substance use disorder treatment services decreased 18 percent during that time. No comparable decrease in the national rate of substance use disorder has been observed during that time.CommentsClose CommentsPermalink
(5) While some facilities of the Veterans Health Administration provide exemplary substance use disorder treatment services, the availability of such treatment services throughout the health care system of the Veterans Health Administration is inconsistent.CommentsClose CommentsPermalink
(6) According to a 2006 report by the Government Accountability Office, the Department of Veterans Affairs significantly reduced its substance use disorder treatment and rehabilitation services between 1996 and 2006, and the Fiscal Year 2007 National Mental Health Program Monitoring System report shows that little progress has been made in restoring these services to their pre-1996 levels.CommentsClose CommentsPermalink
SEC. 103. EXPANSION OF SUBSTANCE USE DISORDER TREATMENT SERVICES PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Veterans Affairs shall ensure the provision of such services and treatment to each veteran enrolled in the health care system of the Department of Veterans Affairs who is in need of services and treatments for a substance use disorder as follows:CommentsClose CommentsPermalink
(1) Screening for substance use disorder in all settings, including primary care settings.CommentsClose CommentsPermalink
(2) Short term motivational counseling services.CommentsClose CommentsPermalink
(3) Marital and family counseling.CommentsClose CommentsPermalink
(4) Intensive outpatient or residential care services.CommentsClose CommentsPermalink
(5) Relapse prevention services.CommentsClose CommentsPermalink
(6) Ongoing aftercare and outpatient counseling services.CommentsClose CommentsPermalink
(7) Opiate substitution therapy services.CommentsClose CommentsPermalink
(8) Pharmacological treatments aimed at reducing craving for drugs and alcohol.CommentsClose CommentsPermalink
(9) Detoxification and stabilization services.CommentsClose CommentsPermalink
(10) Coordination with groups providing peer to peer counseling.CommentsClose CommentsPermalink
(11) Such other services as the Secretary considers appropriate.CommentsClose CommentsPermalink
(b) Provision of Services-CommentsClose CommentsPermalink
(1) ALLOCATION OF RESOURCES FOR PROVISION OF SERVICES- The Secretary shall ensure that amounts made available for care, treatment, and services provided under this section are allocated in such a manner that a full continuum of care, treatment, and services described in subsection (a) is available to veterans seeking such care, treatment, or services, without regard to the location of the residence of any such veterans.CommentsClose CommentsPermalink
(2) MANNER OF PROVISION- The services and treatment described in subsection (a) may be provided to a veteran described in such subsection--CommentsClose CommentsPermalink
(A) at Department of Veterans Affairs medical centers or clinics;CommentsClose CommentsPermalink
(B) by referral to other facilities of the Department that are accessible to such veteran; orCommentsClose CommentsPermalink
(C) by contract or fee-for-service payments with community-based organizations for the provision of such services and treatments.CommentsClose CommentsPermalink
(c) Alternatives in Case of Services Denied Due to Clinical Necessity- If the Secretary denies the provision to a veteran of services or treatment for a substance use disorder due to clinical necessity, the Secretary shall provide the veteran such other services or treatment as are medically appropriate.CommentsClose CommentsPermalink
SEC. 104. CARE FOR VETERANS WITH MENTAL HEALTH AND SUBSTANCE USE DISORDERS.CommentsClose CommentsPermalink
(a) In General- If the Secretary of Veterans Affairs provides a veteran inpatient or outpatient care for a substance use disorder and a comorbid mental health disorder, the Secretary shall ensure that treatment for such disorders is provided concurrently--CommentsClose CommentsPermalink
(1) through a service provided by a clinician or health professional who has training and expertise in treatment of substance use disorders and mental health disorders;CommentsClose CommentsPermalink
(2) by separate substance use disorder and mental health disorder treatment services when there is appropriate coordination, collaboration, and care management between such treatment services; orCommentsClose CommentsPermalink
(3) by a team of clinicians with appropriate expertise.CommentsClose CommentsPermalink
(b) Team of Clinicians With Appropriate Expertise Defined- In this section, the term ‘team of clinicians with appropriate expertise’ means a team consisting of the following:CommentsClose CommentsPermalink
(1) Clinicians and health professionals with expertise in treatment of substance use disorders and mental health disorders who act in coordination and collaboration with each other.CommentsClose CommentsPermalink
(2) Such other professionals as the Secretary considers appropriate for the provision of treatment to veterans for substance use and mental health disorders.CommentsClose CommentsPermalink
SEC. 105. PILOT PROGRAM FOR INTERNET-BASED SUBSTANCE USE DISORDER TREATMENT FOR VETERANS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Stigma associated with seeking treatment for mental health disorders has been demonstrated to prevent some veterans from seeking such treatment at a medical facility operated by the Department of Defense or the Department of Veterans Affairs.CommentsClose CommentsPermalink
(2) There is a significant incidence among veterans of post-deployment mental health problems, especially among members of a reserve component who return as veterans to civilian life.CommentsClose CommentsPermalink
(3) Computer-based self-guided training has been demonstrated to be an effective strategy for supplementing the care of psychological conditions.CommentsClose CommentsPermalink
(4) Younger veterans, especially those who served in Operation Enduring Freedom or Operation Iraqi Freedom, are comfortable with and proficient at computer-based technology.CommentsClose CommentsPermalink
(5) Veterans living in rural areas may find access to treatment for substance use disorder limited.CommentsClose CommentsPermalink
(6) Self-assessment and treatment options for substance use disorders through an Internet website may reduce stigma and provides additional access for individuals seeking care and treatment for such disorders.CommentsClose CommentsPermalink
(b) In General- Not later than October 1, 2009, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing veterans who seek treatment for substance use disorders access to a computer-based self-assessment, education, and specified treatment program through a secure Internet website operated by the Secretary. Participation in the pilot program shall be available on a voluntary basis for those veterans who have served in Operation Enduring Freedom or Operation Iraqi Freedom.CommentsClose CommentsPermalink
(c) Elements of Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the pilot program under this section, the Secretary shall ensure that--CommentsClose CommentsPermalink
(A) access to the Internet website and the programs available on the website by a veteran (or family member) does not involuntarily generate an identifiable medical record of that access by that veteran in any medical database maintained by the Department of Veterans Affairs;CommentsClose CommentsPermalink
(B) the Internet website is accessible from remote locations, especially rural areas; andCommentsClose CommentsPermalink
(C) the Internet website includes a self-assessment tool for substance use disorders, self-guided treatment and educational materials for such disorders, and appropriate information and materials for family members of veterans.CommentsClose CommentsPermalink
(2) CONSIDERATION OF SIMILAR PROJECTS- In designing the pilot program under this section, the Secretary shall consider similar pilot projects of the Department of Defense for the early diagnosis and treatment of post-traumatic stress disorder and other mental health conditions established under section 741 of the John Warner National Defense Authorization Act of Fiscal Year 2007 (
(3) LOCATION OF PILOT PROGRAM- The Secretary shall carry out the pilot program through those medical centers of the Department of Veterans Affairs that have established Centers for Excellence for Substance Abuse Treatment and Education or that have established a Substance Abuse Program Evaluation and Research Center.CommentsClose CommentsPermalink
(4) CONTRACT AUTHORITY- The Secretary may enter into contracts with qualified entities or organizations to carry out the pilot program required under this section.CommentsClose CommentsPermalink
(d) Duration of Pilot Program- The pilot program required by subsection (a) shall be carried out during the two-year period beginning on the date of the commencement of the pilot program.CommentsClose CommentsPermalink
(e) Report- Not later than six months after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program, and shall include in that report--an assessment of the feasibility and advisability of continuing or expanding the pilot program, of any cost savings or other benefits associated with the pilot program, and any other recommendations.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Veterans Affairs $1,500,000 for each of fiscal years 2010 and 2011 to carry out the pilot program under this section.CommentsClose CommentsPermalink
SEC. 106. REPORT ON RESIDENTIAL MENTAL HEALTH CARE FACILITIES OF THE VETERANS HEALTH ADMINISTRATION.CommentsClose CommentsPermalink
(a) Review-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, acting through the Inspector General of the Department of Veterans Affairs, complete a review of all residential mental health care facilities, including domiciliary facilities, of the Veterans Health Administration.CommentsClose CommentsPermalink
(2) ASSESSMENT- As part of the review required by paragraph (1), the Secretary, acting through the Inspector General, shall assess the following:CommentsClose CommentsPermalink
(A) The availability of care in residential mental health care facilities in each Veterans Integrated Service Network (VISN).CommentsClose CommentsPermalink
(B) The supervision and support provided in the residential mental health care facilities of the Veterans Health Administration.CommentsClose CommentsPermalink
(C) The ratio of staff members at each residential mental health care facility to patients at such facility.CommentsClose CommentsPermalink
(D) The appropriateness of rules and procedures for the prescription and administration of medications to patients in such residential mental health care facilities.CommentsClose CommentsPermalink
(E) The protocols at each residential mental health care facility for handling missed appointments.CommentsClose CommentsPermalink
(3) RECOMMENDATIONS- As part of the review required by paragraph (1), the Secretary, acting through the Inspector General, shall develop such recommendations as the Secretary considers appropriate for improvements to residential mental health care facilities of the Veterans Health Administration and the care provided in such facilities.CommentsClose CommentsPermalink
(b) Follow-up Review- Not later than two years after the date of the completion of the review required by subsection (a), the Secretary of Veterans Affairs shall, acting through the Inspector General of the Department of Veterans Affairs, complete a follow-up review of the facilities reviewed under subsection (a) to evaluate any improvements made or problems remaining since the review under subsection (a) was completed.CommentsClose CommentsPermalink
(c) Report- Not later than 90 days after the completion of the review required by subsection (a), 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 findings of the Secretary with respect to such review.CommentsClose CommentsPermalink
SEC. 107. PILOT PROGRAM ON PEER OUTREACH AND SUPPORT FOR VETERANS AND USE OF COMMUNITY MENTAL HEALTH CENTERS AND INDIAN HEALTH SERVICE FACILITIES.CommentsClose CommentsPermalink
(a) Pilot Program Required- Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasability and advisability of providing to veterans of Operation Iraqi Freedom and Operation Enduring Freedom, and, in particular, veterans who served in such operations as a member of the National Guard or Reserve, the following:CommentsClose CommentsPermalink
(1) Peer outreach services.CommentsClose CommentsPermalink
(2) Peer support services provided by licensed providers of peer support services or veterans who have personal experience with mental illness.CommentsClose CommentsPermalink
(3) Readjustment counseling services described in
(4) Other mental health services.CommentsClose CommentsPermalink
(b) Provision of Certain Services- In providing services described in paragraphs (3) and (4) of subsection (a) under the pilot program to veterans who reside in rural areas and do not have adequate access through the Department of Veterans Affairs to the services described in such paragraphs, the Secretary shall, acting through the Office of Mental Health Services and the Office of Rural Health, provide such services as follows:CommentsClose CommentsPermalink
(1) Through community mental health centers under contracts or other agreements if entered into by the Secretary of Veterans Affairs and the Secretary of Health and Human Services for the provision of such services for purposes of the pilot program.CommentsClose CommentsPermalink
(2) Through the Indian Health Service, or an Indian tribe or tribal organization that has entered into an agreement with the Indian Health Service pursuant to the Indian Self-Determination and Education Assistance Act (
(3) Through other appropriate entities under contracts or other agreements entered into by the Secretary of Veterans Affairs for the provision of such services for purposes of the pilot program.CommentsClose CommentsPermalink
(c) Duration- The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program.CommentsClose CommentsPermalink
(d) Program Locations-CommentsClose CommentsPermalink
(1) IN GENERAL- The pilot program shall be carried out within areas selected by the Secretary for the purpose of the pilot program in at least three Veterans Integrated Service Networks (VISNs).CommentsClose CommentsPermalink
(2) RURAL GEOGRAPHIC LOCATIONS- The locations selected shall be in rural geographic locations that, as determined by the Secretary, lack access to comprehensive mental health services through the Department of Veterans Affairs.CommentsClose CommentsPermalink
(3) QUALIFIED PROVIDERS- In selecting locations for the pilot program, the Secretary shall select locations in which an adequate number of licensed mental health care providers with credentials equivalent to those of Department mental health care providers are available in Indian Health Service facilities, community mental health centers, and other entities for participation in the pilot program.CommentsClose CommentsPermalink
(e) Participation in Program- Each community mental health center, facility of the Indian Health Service, or other entity participating in the pilot program under subsection (b) shall--CommentsClose CommentsPermalink
(1) provide the services described in paragraphs (3) and (4) of subsection (a) to eligible veterans, including, to the extent practicable, telehealth services that link the center or facility with Department of Veterans Affairs clinicians;CommentsClose CommentsPermalink
(2) use the clinical practice guidelines of the Veterans Health Administration or the Department of Defense in the provision of such services; andCommentsClose CommentsPermalink
(3) meet such other requirements as the Secretary shall require.CommentsClose CommentsPermalink
(f) Compliance With Department Protocols- Each community mental health center, facility of the Indian Health Service, or other entity participating in the pilot program under subsection (b) shall comply with--CommentsClose CommentsPermalink
(1) applicable protocols of the Department before incurring any liability on behalf of the Department for the provision of services as part of the pilot program; andCommentsClose CommentsPermalink
(2) access and quality standards of the Department relevant to the provision of services as part of the pilot program.CommentsClose CommentsPermalink
(g) Provision of Clinical Information- Each community mental health center, facility of the Indian Health Service, or other entity participating in the pilot program under subsection (b) shall, in a timely fashion, provide the Secretary with such clinical information on each veteran for whom such health center or facility provides mental health services under the pilot program as the Secretary shall require.CommentsClose CommentsPermalink
(h) Training-CommentsClose CommentsPermalink
(1) TRAINING OF VETERANS- As part of the pilot program, the Secretary shall carry out a program of training for veterans described in subsection (a) to provide the services described in paragraphs (1) and (2) of such subsection.CommentsClose CommentsPermalink
(2) TRAINING OF CLINICIANS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall conduct a training program for clinicians of community mental health centers, Indian Health Service facilities, or other entities participating in the pilot program under subsection (b) to ensure that such clinicians can provide the services described in paragraphs (3) and (4) of subsection (a) in a manner that accounts for factors that are unique to the experiences of veterans who served on active duty in Operation Iraqi Freedom or Operation Enduring Freedom (including their combat and military training experiences).CommentsClose CommentsPermalink
(B) PARTICIPATION IN TRAINING- Personnel of each community mental health center, facility of the Indian Health Service, or other entity participating in the pilot program under subsection (b) shall participate in the training program conducted pursuant to subparagraph (A).CommentsClose CommentsPermalink
(i) Annual Reports- Each community mental health center, facility of the Indian Health Service, or other entity participating in the pilot program under subsection (b) shall submit to the Secretary on an annual basis a report containing, with respect to the provision of services under subsection (b) and for the last full calendar year ending before the submission of such report--CommentsClose CommentsPermalink
(1) the number of--CommentsClose CommentsPermalink
(A) veterans served; andCommentsClose CommentsPermalink
(B) courses of treatment provided; andCommentsClose CommentsPermalink
(2) demographic information for such services, diagnoses, and courses of treatment.CommentsClose CommentsPermalink
(j) Program Evaluation-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, through Department of Veterans Affairs Mental Health Services investigators and in collaboration with relevant program offices of the Department, design and implement a strategy for evaluating the pilot program.CommentsClose CommentsPermalink
(2) ELEMENTS- The strategy implemented under paragraph (1) shall assess the impact that contracting with community mental health centers, the Indian Health Service, and other entities participating in the pilot program under subsection (b) has on the following:CommentsClose CommentsPermalink
(A) Access to mental health care by veterans in need of such care.CommentsClose CommentsPermalink
(B) The use of telehealth services by veterans for mental health care needs.CommentsClose CommentsPermalink
(C) The quality of mental health care and substance use disorder treatment services provided to veterans in need of such care and services.CommentsClose CommentsPermalink
(D) The coordination of mental health care and other medical services provided to veterans.CommentsClose CommentsPermalink
(k) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘community mental health center’ has the meaning given such term in section 410.2 of title 42, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).CommentsClose CommentsPermalink
(2) The term ‘eligible veteran’ means a veteran in need of mental health services who--CommentsClose CommentsPermalink
(A) is enrolled in the Department of Veterans Affairs health care system; andCommentsClose CommentsPermalink
(B) has received a referral from a health professional of the Veterans Health Administration to a community mental health center, a facility of the Indian Health Service, or other entity for purposes of the pilot program.CommentsClose CommentsPermalink
(3) The term ‘Indian Health Service’ means the organization established by section 601(a) of the Indian Health Care Improvement Act (
(l) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
TITLE II--MENTAL HEALTH RESEARCHCommentsClose CommentsPermalink
SEC. 201. RESEARCH PROGRAM ON COMORBID POST-TRAUMATIC STRESS DISORDER AND SUBSTANCE USE DISORDERS.CommentsClose CommentsPermalink
(a) Program Required- The Secretary of Veterans Affairs shall, through the Office of Research and Development, carry out a program of research into comorbid post-traumatic stress disorder (PTSD) and substance use disorder.CommentsClose CommentsPermalink
(b) Discharge Through National Center for Posttraumatic Stress Disorder- The research program required by subsection (a) shall be carried out by the National Center for Posttraumatic Stress Disorder. In carrying out the program, the Center shall--CommentsClose CommentsPermalink
(1) develop protocols and goals with respect to research under the program; andCommentsClose CommentsPermalink
(2) coordinate research, data collection, and data dissemination under the program.CommentsClose CommentsPermalink
(c) Research- The program of research required by subsection (a) shall address the following:CommentsClose CommentsPermalink
(1) Comorbid post-traumatic stress disorder and substance use disorder.CommentsClose CommentsPermalink
(2) The systematic integration of treatment for post-traumatic stress disorder with treatment for substance use disorder.CommentsClose CommentsPermalink
(3) The development of protocols to evaluate care of veterans with comorbid post-traumatic stress disorder and substance use disorder.CommentsClose CommentsPermalink
(d) Funding-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Department of Veterans Affairs for each of fiscal years 2009 through 2012, $2,000,000 to carry out this section.CommentsClose CommentsPermalink
(2) AVAILABILITY- Amounts authorized to be appropriated by paragraph (1) shall be made available to the National Center on Posttraumatic Stress Disorder for the purpose specified in that paragraph.CommentsClose CommentsPermalink
(3) SUPPLEMENT NOT SUPPLANT- Any amount made available to the National Center on Posttraumatic Stress Disorder for a fiscal year under paragraph (2) is in addition to any other amounts made available to the National Center on Posttraumatic Stress Disorder for such year under any other provision of law.CommentsClose CommentsPermalink
SEC. 202. EXTENSION OF AUTHORIZATION FOR SPECIAL COMMITTEE ON POST-TRAUMATIC STRESS DISORDER.CommentsClose CommentsPermalink
Section 110(e)(2) of the Veterans’ Health Care Act of 1984 (
TITLE III--ASSISTANCE FOR FAMILIES OF VETERANSCommentsClose CommentsPermalink
SEC. 301. CLARIFICATION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE MENTAL HEALTH SERVICES TO FAMILIES OF VETERANS.CommentsClose CommentsPermalink
(a) In General- Chapter 17 is amended--CommentsClose CommentsPermalink
(1) in section 1701(5)(B)--CommentsClose CommentsPermalink
(A) by inserting ‘marriage and family counseling,’ after ‘professional counseling,’; andCommentsClose CommentsPermalink
(B) by striking ‘as may be essential to’ and inserting ‘as the Secretary considers appropriate for’; andCommentsClose CommentsPermalink
(2) in section 1782--CommentsClose CommentsPermalink
(A) in subsection (a), by inserting ‘marriage and family counseling,’ after ‘professional counseling,’; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) by inserting ‘marriage and family counseling,’ after ‘professional counseling,’; andCommentsClose CommentsPermalink
(ii) by striking ‘if--’ and all that follows and inserting a period.CommentsClose CommentsPermalink
(b) Location- Paragraph (5) of
SEC. 302. PILOT PROGRAM ON PROVISION OF READJUSTMENT AND TRANSITION ASSISTANCE TO VETERANS AND THEIR FAMILIES IN COOPERATION WITH VET CENTERS.CommentsClose CommentsPermalink
(a) Pilot Program- The Secretary of Veterans Affairs shall carry out, through a non-Department of Veterans Affairs entity, a pilot program to assess the feasability and advisability of providing readjustment and transition assistance described in subsection (b) to veterans and their families in cooperation with centers under
(b) Readjustment and Transition Assistance- Readjustment and transition assistance described in this subsection is assistance as follows:CommentsClose CommentsPermalink
(1) Readjustment and transition assistance that is preemptive, proactive, and principle-centered.CommentsClose CommentsPermalink
(2) Assistance and training for veterans and their families in coping with the challenges associated with making the transition from military to civilian life.CommentsClose CommentsPermalink
(c) Non-Department of Veterans Affairs Entity-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out the pilot program through any for-profit or non-profit organization selected by the Secretary for purposes of the pilot program that has demonstrated expertise and experience in the provision of assistance and training described in subsection (b).CommentsClose CommentsPermalink
(2) CONTRACT OR AGREEMENT- The Secretary shall carry out the pilot program through a non-Department entity described in paragraph (1) pursuant to a contract or other agreement entered into by the Secretary and the entity for purposes of the pilot program.CommentsClose CommentsPermalink
(d) Commencement of Pilot Program- The pilot program shall commence not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Duration of Pilot Program- The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program, and may be carried out for additional one-year periods thereafter.CommentsClose CommentsPermalink
(f) Location of Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall provide assistance under the pilot program in cooperation with 10 centers described in subsection (a) designated by the Secretary for purposes of the pilot program.CommentsClose CommentsPermalink
(2) DESIGNATIONS- In designating centers described in subsection (a) for purposes of the pilot program, the Secretary shall designate centers so as to provide a balanced geographical representation of such centers throughout the United States, including the District of Columbia, the Commonwealth of Puerto Rico, tribal lands, and other territories and possessions of the United States.CommentsClose CommentsPermalink
(g) Participation of Centers- A center described in subsection (a) that is designated under subsection (f) for participation in the pilot program shall participate in the pilot program by promoting awareness of the assistance and training available to veterans and their families through--CommentsClose CommentsPermalink
(1) the facilities and other resources of such center;CommentsClose CommentsPermalink
(2) the non-Department of Veterans Affairs entity selected pursuant to subsection (c); andCommentsClose CommentsPermalink
(3) other appropriate mechanisms.CommentsClose CommentsPermalink
(h) Additional Support- In carrying out the pilot program, the Secretary may enter into contracts or other agreements, in addition to the contract or agreement described in subsection (c), with such other non-Department of Veterans Affairs entities meeting the requirements of subsection (c) as the Secretary considers appropriate for purposes of the pilot program.CommentsClose CommentsPermalink
(i) Report on Pilot Program-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than three years after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans affairs committees a report on the pilot program.CommentsClose CommentsPermalink
(2) ELEMENTS- Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the activities under the pilot program as of the date of such report, including the number of veterans and families provided assistance under the pilot program and the scope and nature of the assistance so provided.CommentsClose CommentsPermalink
(B) A current assessment of the effectiveness of the pilot program.CommentsClose CommentsPermalink
(C) Any recommendations that the Secretary considers appropriate for the extension or expansion of the pilot program.CommentsClose CommentsPermalink
(3) CONGRESSIONAL VETERANS AFFAIRS COMMITTEES DEFINED- In this subsection, the term ‘congressional veterans affairs committees’ means--CommentsClose CommentsPermalink
(A) the Committees on Veterans’ Affairs and Appropriations of the Senate; andCommentsClose CommentsPermalink
(B) the Committees on Veterans’ Affairs and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
(j) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated for the Department of Veterans Affairs for each of fiscal years 2009 through 2011 $1,000,000 to carry out this section.CommentsClose CommentsPermalink
(2) AVAILABILITY- Amounts authorized to be appropriated by paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
TITLE IV--HEALTH CARE MATTERSCommentsClose CommentsPermalink
SEC. 401. VETERANS BENEFICIARY TRAVEL PROGRAM.CommentsClose CommentsPermalink
(a) Repeal of Requirement To Adjust Amounts Deducted From Payments or Allowances for Beneficiary Travel-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 111(c) is amended--CommentsClose CommentsPermalink
(A) by striking paragraph (5); andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘, except as provided in paragraph (5) of this subsection,’.CommentsClose CommentsPermalink
(2) REINSTATEMENT OF AMOUNT OF DEDUCTION SPECIFIED BY STATUTE- Notwithstanding any adjustment made by the Secretary of Veterans Affairs under paragraph (5) of
(b) Determination of Mileage Reimbursement Rate- Section 111(g) is amended--CommentsClose CommentsPermalink
(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
‘(1) Subject to paragraph (3), in determining the amount of allowances or reimbursement to be paid under this section, the Secretary shall use the mileage reimbursement rate for the use of privately owned vehicles by Government employees on official business (when a Government vehicle is available), as prescribed by the Administrator of General Services under section 5707(b) of title 5.’;CommentsClose CommentsPermalink
(2) by striking paragraphs (3) and (4); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
‘(3) Subject to the availability of appropriations, the Secretary may modify the amount of allowances or reimbursement to be paid under this section using a mileage reimbursement rate in excess of that prescribed under paragraph (1).’.CommentsClose CommentsPermalink
(c) Report- Not later than 14 months after the date of the enactment of this Act, 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 containing an estimate of the additional costs incurred by the Department of Veterans Affairs because of this section, including--CommentsClose CommentsPermalink
(1) any costs resulting from increased utilization of healthcare services by veterans eligible for travel allowances or reimbursements under
(2) the additional costs that would be incurred by the Department should the Secretary exercise the authority described in subsection (g)(3) of such section.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply with respect to travel expenses incurred after the expiration of the 90-day period that begins on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 402. MANDATORY REIMBURSEMENT OF VETERANS RECEIVING EMERGENCY TREATMENT IN NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES UNTIL TRANSFER TO DEPARTMENT FACILITIES.CommentsClose CommentsPermalink
(a) Certain Veterans Without Service-Connected Disability- Section 1725 is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(1), by striking ‘may reimburse’ and inserting ‘shall reimburse’; andCommentsClose CommentsPermalink
(2) in subsection (f)(1), by striking subparagraph (C) and inserting the following new subparagraph (C):CommentsClose CommentsPermalink
‘(C) until--CommentsClose CommentsPermalink
‘(i) such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; orCommentsClose CommentsPermalink
‘(ii) such time as a Department facility or other Federal facility accepts such transfer if--CommentsClose CommentsPermalink
‘(I) at the time the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agreed to accept such transfer; andCommentsClose CommentsPermalink
‘(II) the non-Department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a Department facility or other Federal facility.’.CommentsClose CommentsPermalink
(b) Certain Veterans With Service-Connected Disability- Section 1728 is amended--CommentsClose CommentsPermalink
(1) by striking subsection (a) and inserting the following new subsection (a):CommentsClose CommentsPermalink
‘(a) The Secretary shall, under such regulations as the Secretary prescribes, reimburse veterans eligible for hospital care or medical services under this chapter for the customary and usual charges of emergency treatment (including travel and incidental expenses under the terms and conditions set forth in section 111 of this title) for which such veterans have made payment, from sources other than the Department, where such emergency treatment was rendered to such veterans in need thereof for any of the following:CommentsClose CommentsPermalink
‘(1) An adjudicated service-connected disability.CommentsClose CommentsPermalink
‘(2) A non-service-connected disability associated with and held to be aggravating a service-connected disability.CommentsClose CommentsPermalink
‘(3) Any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability.CommentsClose CommentsPermalink
‘(4) Any illness, injury, or dental condition of a veteran who--CommentsClose CommentsPermalink
‘(A) is a participant in a vocational rehabilitation program (as defined in section 3101(9) of this title); andCommentsClose CommentsPermalink
‘(B) is medically determined to have been in need of care or treatment to make possible the veteran’s entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition.’;CommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘care or services’ both places it appears and inserting ‘emergency treatment’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) In this section, the term ‘emergency treatment’ has the meaning given such term in section 1725(f)(1) of this title.’.CommentsClose CommentsPermalink
SEC. 403. PILOT PROGRAM OF ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF VETERANS IN HIGHLY RURAL AREAS.CommentsClose CommentsPermalink
(a) Pilot Program Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Veterans Affairs shall conduct a pilot program under which the Secretary provides covered health services to covered veterans through qualifying non-Department of Veterans Affairs health care providers.CommentsClose CommentsPermalink
(2) COMMENCEMENT- The Secretary shall commence the conduct of the pilot program on the date that is 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) TERMINATION- A veteran may receive health services under the pilot program only during the three-year period beginning on the date of the commencement of the pilot program under paragraph (2).CommentsClose CommentsPermalink
(4) PROGRAM LOCATIONS- The pilot program shall be carried out within areas selected by the Secretary for the purposes of the pilot program in at least five Veterans Integrated Service Networks (VISNs). Of the Veterans Integrated Service Networks so selected--CommentsClose CommentsPermalink
(A) not less than four such networks shall include at least three highly rural counties, as determined by the Secretary upon consideration of the most recent decennial census;CommentsClose CommentsPermalink
(B) not less than one such network, not including a network selected under subparagraph (A), shall include only one highly rural county, as determined by the Secretary upon consideration of the most recent decennial census;CommentsClose CommentsPermalink
(C) all such networks shall include area within the borders of at least four States; andCommentsClose CommentsPermalink
(D) no such networks shall be participants in the Healthcare Effectiveness through Resource Optimization pilot program of the Department of Veterans Affairs.CommentsClose CommentsPermalink
(b) Covered Veterans-CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of the pilot program under this section, a covered veteran is any highly rural veteran who is--CommentsClose CommentsPermalink
(A) enrolled in the system of patient enrollment established under
(B) eligible for health care under
(2) HIGHLY RURAL VETERANS- For purposes of this subsection, a highly rural veteran is any veteran who--CommentsClose CommentsPermalink
(A) resides in a location that is--CommentsClose CommentsPermalink
(i) more than 60 miles driving distance from the nearest Department health care facility providing primary care services, if the veteran is seeking such services;CommentsClose CommentsPermalink
(ii) more than 120 miles driving distance from the nearest Department health care facility providing acute hospital care, if the veteran is seeking such care; orCommentsClose CommentsPermalink
(iii) more than 240 miles driving distance from the nearest Department health care facility providing tertiary care, if the veteran is seeking such care; orCommentsClose CommentsPermalink
(B) in the case of a veteran who resides in a location less than the distance specified in clause (i), (ii), or (iii) of subparagraph (A), as applicable, experiences such hardship or other difficulties in travel to the nearest appropriate Department health care facility that such travel is not in the best interest of the veteran, as determined by the Secretary pursuant to regulations prescribed for purposes of this subsection.CommentsClose CommentsPermalink
(c) Covered Health Services- For purposes of the pilot program under this section, a covered health service with respect to a covered veteran is any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under chapter 17 of title 38, United States Code, or any other provision of law.CommentsClose CommentsPermalink
(d) Qualifying Non-Department Health Care Providers- For purposes of the pilot program under this section, an entity or individual is a qualifying non-Department health care provider of a covered health service if the Secretary determines that the entity or individual is qualified to furnish such service to veterans under the pilot program.CommentsClose CommentsPermalink
(e) Election- A covered veteran seeking to be provided covered health services under the pilot program under this section shall submit to the Secretary an application therefor in such form, and containing such information as the Secretary shall specify for purposes of the pilot program.CommentsClose CommentsPermalink
(f) Provision of Services Through Contract- The Secretary shall provide covered health services to veterans under the pilot program under this section through contracts with qualifying non-Department health care providers for the provision of such services.CommentsClose CommentsPermalink
(g) Exchange of Medical Information- In conducting the pilot program under this section, the Secretary shall develop and utilize a functional capability to provide for the exchange of appropriate medical information between the Department and non-Department health care providers providing health services under the pilot program.CommentsClose CommentsPermalink
(h) Reports- Not later than the 30 days after the end of each year in which the pilot program under this section is conducted, the Secretary shall submit to the Committee of Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report which includes--CommentsClose CommentsPermalink
(1) the assessment of the Secretary of the pilot program during the preceding year, including its cost, volume, quality, patient satisfaction, benefit to veterans, and such other findings and conclusions with respect to pilot program as the Secretary considers appropriate; andCommentsClose CommentsPermalink
(2) such recommendations as the Secretary considers appropriate regarding--CommentsClose CommentsPermalink
(A) the continuation of the pilot program;CommentsClose CommentsPermalink
(B) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department;CommentsClose CommentsPermalink
(C) making the pilot program permanent.CommentsClose CommentsPermalink
SEC. 404. EPILEPSY CENTERS OF EXCELLENCE.CommentsClose CommentsPermalink
(a) In General- Subchapter II of chapter 73 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 7330A. Epilepsy centers of excellenceCommentsClose CommentsPermalink
‘(a) Establishment of Centers- (1) Not later than 120 days after the date of the enactment of the Veterans’ Mental Health and Other Care Improvements Act of 2008, the Secretary shall designate at least four but not more than six Department health care facilities as locations for epilepsy centers of excellence for the Department.CommentsClose CommentsPermalink
‘(2) Of the facilities designated under paragraph (1), not less than two shall be centers designated under section 7327 of this title.CommentsClose CommentsPermalink
‘(3) Of the facilities designated under paragraph (1), not less than two shall be facilities that are not centers designated under section 7327 of this title.CommentsClose CommentsPermalink
‘(4) Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate an epilepsy center of excellence at each location designated under paragraph (1).CommentsClose CommentsPermalink
‘(b) Designation of Facilities- (1) In designating locations for epilepsy centers of excellence under subsection (a), the Secretary shall solicit proposals from Department health care facilities seeking designation as a location for an epilepsy center of excellence.CommentsClose CommentsPermalink
‘(2) The Secretary may not designate a facility as a location for an epilepsy center of excellence under subsection (a) unless the peer review panel established under subsection (c) has determined under that subsection that the proposal submitted by such facility seeking designation as a location for an epilepsy center of excellence is among those proposals that meet the highest competitive standards of scientific and clinical merit.CommentsClose CommentsPermalink
‘(3) In choosing from among the facilities meeting the requirements of paragraph (2), the Secretary shall also consider appropriate geographic distribution when designating the epilepsy centers of excellence under subsection (a).CommentsClose CommentsPermalink
‘(c) Peer Review Panel- (1) The Under Secretary for Health shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of epilepsy centers of excellence under this section.CommentsClose CommentsPermalink
‘(2)(A) The membership of the peer review panel shall consist of experts on epilepsy, including post-traumatic epilepsy.CommentsClose CommentsPermalink
‘(B) Members of the peer review panel shall serve for a period of no longer than two years, except as specified in subparagraph (C).CommentsClose CommentsPermalink
‘(C) Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment.CommentsClose CommentsPermalink
‘(3) The peer review panel shall review each proposal submitted to the panel by the Under Secretary for Health and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary.CommentsClose CommentsPermalink
‘(4) The peer review panel shall, in conjunction with the national coordinator designated under subsection (e), conduct regular evaluations of each epilepsy center of excellence established and operated under subsection (a) to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink
‘(5) The peer review panel shall not be subject to the Federal Advisory Committee Act.CommentsClose CommentsPermalink
‘(d) Epilepsy Center of Excellence Defined- In this section, the term ‘epilepsy center of excellence’ means a health care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following:CommentsClose CommentsPermalink
‘(1) An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery).CommentsClose CommentsPermalink
‘(2) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts.CommentsClose CommentsPermalink
‘(3) An advisory committee composed of veterans and appropriate health care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center.CommentsClose CommentsPermalink
‘(4) The capability to conduct effectively evaluations of the activities of such center.CommentsClose CommentsPermalink
‘(5) The capability to assist in the expansion of the Department’s use of information systems and databases to improve the quality and delivery of care for veterans enrolled within the Department’s health care system.CommentsClose CommentsPermalink
‘(6) The capability to assist in the expansion of the Department telehealth program to develop, transmit, monitor, and review neurological diagnostic tests.CommentsClose CommentsPermalink
‘(7) The ability to perform epilepsy research, education, and clinical care activities in collaboration with Department medical facilities that have centers for research, education, and clinical care activities on complex multi-trauma associated with combat injuries established under section 7327 of this title.CommentsClose CommentsPermalink
‘(e) National Coordinator for Epilepsy Programs- (1) To assist the Secretary and the Under Secretary for Health in carrying out this section, the Secretary shall designate an individual in the Veterans Health Administration to act as a national coordinator for epilepsy programs of the Veterans Health Administration.CommentsClose CommentsPermalink
‘(2) The duties of the national coordinator for epilepsy programs shall include the following:CommentsClose CommentsPermalink
‘(A) To supervise the operation of the centers established pursuant to this section.CommentsClose CommentsPermalink
‘(B) To coordinate and support the national consortium of providers with interest in treating epilepsy at Department health care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department.CommentsClose CommentsPermalink
‘(C) To conduct, in conjunction with the peer review panel established under subsection (c), regular evaluations of the epilepsy centers of excellence to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink
‘(D) To coordinate (as part of an integrated national system) education, clinical care, and research activities within all facilities with an epilepsy center of excellence.CommentsClose CommentsPermalink
‘(E) To develop jointly a national consortium of providers with interest in treating epilepsy at Department health care facilities lacking an epilepsy center of excellence in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department. Such consortium should include a designated epilepsy referral clinic in each Veterans Integrated Service Network.CommentsClose CommentsPermalink
‘(3) In carrying out duties under this subsection, the national coordinator for epilepsy programs shall report to the official of the Veterans Health Administration responsible for neurology.CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- (1) There are authorized to be appropriated $6,000,000 for each of fiscal years 2009 through 2013 for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2).CommentsClose CommentsPermalink
‘(2) There are authorized to be appropriated for each fiscal year after fiscal year 2013 such sums as may be necessary for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2).CommentsClose CommentsPermalink
‘(3) The Secretary shall ensure that funds for such centers are designated for the first three years of operation as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system.CommentsClose CommentsPermalink
‘(4) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.CommentsClose CommentsPermalink
‘(5) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to fund the national coordinator established by subsection (e).’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330 the following new item:CommentsClose CommentsPermalink
‘7330A. Epilepsy centers of excellence.’.CommentsClose CommentsPermalink
SEC. 405. ESTABLISHMENT OF QUALIFICATIONS FOR PEER SPECIALIST APPOINTEES.CommentsClose CommentsPermalink
(a) In General- Section 7402(b) is amended--CommentsClose CommentsPermalink
(1) by redesignating the paragraph (11) relating to other health care positions as paragraph (14); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (12) the following new paragraph (13):CommentsClose CommentsPermalink
‘(13) Peer Specialist- To be eligible to be appointed to a peer specialist position, a person must--CommentsClose CommentsPermalink
‘(A) be a veteran who has recovered or is recovering from a mental health condition; andCommentsClose CommentsPermalink
‘(B) be certified by--CommentsClose CommentsPermalink
‘(i) a not-for-profit entity engaged in peer specialist training as having met such criteria as the Secretary shall establish for a peer specialist position; orCommentsClose CommentsPermalink
‘(ii) a State as having satisfied relevant State requirements for a peer specialist position.’.CommentsClose CommentsPermalink
(b) Peer Specialist Training- Section 7402 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(g) The Secretary may enter into contracts with not-for-profit entities to provide--CommentsClose CommentsPermalink
‘(1) peer specialist training to veterans; andCommentsClose CommentsPermalink
‘(2) certification for veterans under subsection (b)(13)(B)(i).’.CommentsClose CommentsPermalink
SEC. 406. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS.CommentsClose CommentsPermalink
(a) Establishment of Centers- Chapter 17 is amended by inserting after section 1729A the following new section:CommentsClose CommentsPermalink
‘Sec. 1729B. Consolidated patient accounting centersCommentsClose CommentsPermalink
‘(a) In General- Not later than five years after the date of the enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department.CommentsClose CommentsPermalink
‘(b) Functions- The centers shall carry out the following functions:CommentsClose CommentsPermalink
‘(1) Reengineer and integrate all business processes of the revenue cycle of the Department.CommentsClose CommentsPermalink
‘(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for non-service-connected medical conditions.CommentsClose CommentsPermalink
‘(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department.CommentsClose CommentsPermalink
‘(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729A the following:CommentsClose CommentsPermalink
‘1729B. Consolidated patient accounting centers.’.CommentsClose CommentsPermalink
SEC. 407. REPEAL OF LIMITATION ON AUTHORITY TO CONDUCT WIDESPREAD HIV TESTING PROGRAM.CommentsClose CommentsPermalink
Section 124 of the Veterans’ Benefits and Services Act of 1988 (title I of
SEC. 408. PROVISION OF COMPREHENSIVE HEALTH CARE BY SECRETARY OF VETERANS AFFAIRS TO CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA.CommentsClose CommentsPermalink
(a) Provision of Comprehensive Health Care- Section 1803(a) is amended by striking ‘such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition’ and inserting ‘health care under this section’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to care furnished after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 409. EXEMPTION FROM COPAYMENT REQUIREMENT FOR VETERANS RECEIVING HOSPICE CARE.CommentsClose CommentsPermalink
Section 1710 is amended--CommentsClose CommentsPermalink
(1) in subsection (f)(1), by inserting ‘(except if such care constitutes hospice care)’ after ‘nursing home care’; andCommentsClose CommentsPermalink
(2) in subsection (g)(1), by inserting ‘(except if such care constitutes hospice care)’ after ‘medical services’.CommentsClose CommentsPermalink
TITLE V--PAIN CARECommentsClose CommentsPermalink
SEC. 501. COMPREHENSIVE POLICY ON PAIN MANAGEMENT.CommentsClose CommentsPermalink
(a) Comprehensive Policy Required- Not later than October 1, 2009, the Secretary of Veterans Affairs shall develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for health care services provided by the Department of Veterans Affairs.CommentsClose CommentsPermalink
(b) Scope of Policy- The policy required by subsection (a) shall cover each of the following:CommentsClose CommentsPermalink
(1) The Department-wide management of acute and chronic pain experienced by veterans.CommentsClose CommentsPermalink
(2) The standard of care for pain management to be used throughout the Department.CommentsClose CommentsPermalink
(3) The consistent application of pain assessments to be used throughout the Department.CommentsClose CommentsPermalink
(4) The assurance of prompt and appropriate pain care treatment and management by the Department, system-wide, when medically necessary.CommentsClose CommentsPermalink
(5) Department programs of research related to acute and chronic pain suffered by veterans, including pain attributable to central and peripheral nervous system damage characteristic of injuries incurred in modern warfare.CommentsClose CommentsPermalink
(6) Department programs of pain care education and training for health care personnel of the Department.CommentsClose CommentsPermalink
(7) Department programs of patient education for veterans suffering from acute or chronic pain and their families.CommentsClose CommentsPermalink
(c) Updates- The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.CommentsClose CommentsPermalink
(d) Consultation- The Secretary shall develop the policy required by subsection (a), and revise such policy under subsection (c), in consultation with veterans service organizations and organizations with expertise in the assessment, diagnosis, treatment, and management of pain.CommentsClose CommentsPermalink
(e) Annual Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the completion and initial implementation of the policy required by subsection (a) and on October 1 of every fiscal year thereafter through fiscal year 2018, 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 implementation of the policy required by subsection (a).CommentsClose CommentsPermalink
(2) CONTENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the policy developed and implemented under subsection (a) and any revisions to such policy under subsection (c).CommentsClose CommentsPermalink
(B) A description of the performance measures used to determine the effectiveness of such policy in improving pain care for veterans system-wide.CommentsClose CommentsPermalink
(C) An assessment of the adequacy of Department pain management services based on a survey of patients managed in Department clinics.CommentsClose CommentsPermalink
(D) An assessment of the research projects of the Department relevant to the treatment of the types of acute and chronic pain suffered by veterans.CommentsClose CommentsPermalink
(E) An assessment of the training provided to Department health care personnel with respect to the diagnosis, treatment, and management of acute and chronic pain.CommentsClose CommentsPermalink
(F) An assessment of the patient pain care education programs of the Department.CommentsClose CommentsPermalink
(f) Veterans Service Organization Defined- In this section, the term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under
TITLE VI--HOMELESS VETERANS MATTERSCommentsClose CommentsPermalink
SEC. 601. INCREASED AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE SERVICE PROGRAMS.CommentsClose CommentsPermalink
Section 2013 is amended by striking ‘$130,000,000’ and inserting ‘$150,000,000’.CommentsClose CommentsPermalink
SEC. 602. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR AT-RISK VETERANS TRANSITIONING FROM CERTAIN INSTITUTIONS.CommentsClose CommentsPermalink
(a) Program Authority- Subsection (a) of section 2023 is amended by striking ‘a demonstration program for the purpose of determining the costs and benefits of providing’ and inserting ‘a program of’.CommentsClose CommentsPermalink
(b) Scope of Program- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by striking ‘Demonstration’ in the subsection heading;CommentsClose CommentsPermalink
(2) by striking ‘demonstration’; andCommentsClose CommentsPermalink
(3) by striking ‘in at least six locations’ and inserting ‘in at least 12 locations’.CommentsClose CommentsPermalink
(c) Extension of Authority- Subsection (d) of such section is amended by striking ‘shall cease’ and all that follows and inserting ‘shall cease on September 30, 2012.’.CommentsClose CommentsPermalink
(d) Conforming Amendments-CommentsClose CommentsPermalink
(1) Subsection (c)(1) of such section is amended by striking ‘demonstration’.CommentsClose CommentsPermalink
(2) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions’.CommentsClose CommentsPermalink
(3) Section 2022(f)(2)(C) of such title is amended by striking ‘demonstration’.CommentsClose CommentsPermalink
(e) Clerical Amendment- The table of sections at the beginning of chapter 20 is amended by striking the item relating to section 2023 and inserting the following:CommentsClose CommentsPermalink
‘2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.’.CommentsClose CommentsPermalink
SEC. 603. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY OF DOMICILIARY CARE PROGRAMS FOR FEMALE VETERANS.CommentsClose CommentsPermalink
Subsection (b) of section 2043 is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Enhancement of Capacity of Domiciliary Care Programs for Female Veterans- The Secretary shall take appropriate actions to ensure that the domiciliary care programs of the Department are adequate, with respect to capacity and with respect to safety, to meet the needs of veterans who are women.’.CommentsClose CommentsPermalink
SEC. 604. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING.CommentsClose CommentsPermalink
(a) Purpose- The purpose of this section is to facilitate the provision of supportive services for very low-income veteran families in permanent housing.CommentsClose CommentsPermalink
(b) Financial Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter V of chapter 20 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 2044. Financial assistance for supportive services for very low-income veteran families in permanent housingCommentsClose CommentsPermalink
‘(a) Distribution of Financial Assistance- (1) The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of supportive services described in subsection (b) for very low-income veteran families occupying permanent housing.CommentsClose CommentsPermalink
‘(2) Financial assistance under this section shall consist of grants for each such family for which an approved eligible entity is providing or coordinating the provision of supportive services.CommentsClose CommentsPermalink
‘(3)(A) The Secretary shall provide such grants to each eligible entity that is providing or coordinating the provision of supportive services.CommentsClose CommentsPermalink
‘(B) The Secretary is authorized to establish intervals of payment for the administration of such grants and establish a maximum amount to be awarded, in accordance with the services being provided and their duration.CommentsClose CommentsPermalink
‘(4) In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing.CommentsClose CommentsPermalink
‘(5) The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands.CommentsClose CommentsPermalink
‘(6) Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify that family that such services are being paid for, in whole or in part, by the Department.CommentsClose CommentsPermalink
‘(7) The Secretary may require entities receiving financial assistance under this section to submit a report to the Secretary that describes the projects carried out with such financial assistance.CommentsClose CommentsPermalink
‘(b) Supportive Services- The supportive services referred to in subsection (a) are the following:CommentsClose CommentsPermalink
‘(1) Services provided by an eligible entity or a subcontractor of an eligible entity that address the needs of very low-income veteran families occupying permanent housing, including--CommentsClose CommentsPermalink
‘(A) outreach services;CommentsClose CommentsPermalink
‘(B) case management services;CommentsClose CommentsPermalink
‘(C) assistance in obtaining any benefits from the Department which the veteran may be eligible to receive, including, but not limited to, vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; andCommentsClose CommentsPermalink
‘(D) assistance in obtaining and coordinating the provision of other public benefits provided in federal, State, or local agencies, or any organization defined in subsection (f), including--CommentsClose CommentsPermalink
‘(i) health care services (including obtaining health insurance);CommentsClose CommentsPermalink
‘(ii) daily living services;CommentsClose CommentsPermalink
‘(iii) personal financial planning;CommentsClose CommentsPermalink
‘(iv) transportation services;CommentsClose CommentsPermalink
‘(v) income support services;CommentsClose CommentsPermalink
‘(vi) fiduciary and representative payee services;CommentsClose CommentsPermalink
‘(vii) legal services to assist the veteran family with issues that interfere with the family’s ability to obtain or retain housing or supportive services;CommentsClose CommentsPermalink
‘(viii) child care;CommentsClose CommentsPermalink
‘(ix) housing counseling; andCommentsClose CommentsPermalink
‘(x) other services necessary for maintaining independent living.CommentsClose CommentsPermalink
‘(2) Services described in paragraph (1) that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days pending the location or development of housing suitable for permanent housing.CommentsClose CommentsPermalink
‘(3) Services described in paragraph (1) for very low-income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days after such families exit permanent housing or until such families commence receipt of other housing services adequate to meet their current needs, but only to the extent that services under this paragraph are designed to support such families in their choice to transition into housing that is responsive to their individual needs and preferences.CommentsClose CommentsPermalink
‘(c) Application for Financial Assistance- (1) An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section.CommentsClose CommentsPermalink
‘(2) Each application submitted by an eligible entity under paragraph (1) shall contain--CommentsClose CommentsPermalink
‘(A) a description of the supportive services proposed to be provided by the eligible entity and the identified needs for those services;CommentsClose CommentsPermalink
‘(B) a description of the types of very low-income veteran families proposed to be provided such services;CommentsClose CommentsPermalink
‘(C) an estimate of the number of very low-income veteran families proposed to be provided such services;CommentsClose CommentsPermalink
‘(D) evidence of the experience of the eligible entity in providing supportive services to very low-income veteran families; andCommentsClose CommentsPermalink
‘(E) a description of the managerial capacity of the eligible entity--CommentsClose CommentsPermalink
‘(i) to coordinate the provision of supportive services with the provision of permanent housing by the eligible entity or by other organizations;CommentsClose CommentsPermalink
‘(ii) to assess continuously the needs of very low-income veteran families for supportive services;CommentsClose CommentsPermalink
‘(iii) to coordinate the provision of supportive services with the services of the Department;CommentsClose CommentsPermalink
‘(iv) to tailor supportive services to the needs of very low-income veteran families; andCommentsClose CommentsPermalink
‘(v) to seek continuously new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families.CommentsClose CommentsPermalink
‘(3) The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section.CommentsClose CommentsPermalink
‘(d) Technical Assistance- (1) The Secretary shall provide training and technical assistance to participating eligible entities regarding the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing, through the Technical Assistance grants program in section 2064 of this title.CommentsClose CommentsPermalink
‘(2) The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities.CommentsClose CommentsPermalink
‘(e) Funding- (1) From amounts appropriated to the Department for Medical Services, there shall be available to carry out subsection (a), (b), and (c) amounts as follows:CommentsClose CommentsPermalink
‘(A) $15,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
‘(B) $20,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
‘(C) $25,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
‘(2) Not more than $750,000 may be available under paragraph (1) in any fiscal year to provide technical assistance under subsection (d).CommentsClose CommentsPermalink
‘(3) There is authorized to be appropriated $1,000,000 for each of the fiscal year 2009 through 2011 to carry out the provisions of subsection (d).CommentsClose CommentsPermalink
‘(f) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘consumer cooperative’ has the meaning given such term in section 202 of the Housing Act of 1959 (
).CommentsClose CommentsPermalink 12 U.S.C. 1701q ‘(2) The term ‘eligible entity’ means--CommentsClose CommentsPermalink
‘(A) a private nonprofit organization; orCommentsClose CommentsPermalink
‘(B) a consumer cooperative.CommentsClose CommentsPermalink
‘(3) The term ‘homeless’ has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act (
).CommentsClose CommentsPermalink 42 U.S.C. 11302 ‘(4) The term ‘permanent housing’ means community-based housing without a designated length of stay.CommentsClose CommentsPermalink
‘(5) The term ‘private nonprofit organization’ means any of the following:CommentsClose CommentsPermalink
‘(A) Any incorporated private institution or foundation--CommentsClose CommentsPermalink
‘(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;CommentsClose CommentsPermalink
‘(ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; andCommentsClose CommentsPermalink
‘(iii) which is approved by the Secretary as to financial responsibility.CommentsClose CommentsPermalink
‘(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).CommentsClose CommentsPermalink
‘(C) A corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).CommentsClose CommentsPermalink
‘(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (
)).CommentsClose CommentsPermalink 25 U.S.C. 4103 ‘(6)(A) Subject to subparagraphs (B) and (C), the term ‘very low-income veteran family’ means a veteran family whose income does not exceed 50 percent of the median income for an area specified by the Secretary for purposes of this section, as determined by the Secretary in accordance with this paragraph.CommentsClose CommentsPermalink
‘(B) The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size.CommentsClose CommentsPermalink
‘(C) The Secretary may establish an income ceiling higher or lower than 50 percent of the median income for an area if the Secretary determines that such variations are necessary because the area has unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (
)), or family incomes.CommentsClose CommentsPermalink 42 U.S.C. 1437f ‘(7) The term ‘veteran family’ includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 20 is amended by inserting after the item relating to section 2043 the following new item:CommentsClose CommentsPermalink
‘2044. Financial assistance for supportive services for very low-income veteran families in permanent housing.’.CommentsClose CommentsPermalink
(c) Study of Effectiveness of Permanent Housing Program-CommentsClose CommentsPermalink
(1) IN GENERAL- For fiscal years 2009 and 2010, the Secretary shall conduct a study of the effectiveness of the permanent housing program under
, as added by subsection (b), in meeting the needs of very low-income veteran families, as that term is defined in that section.CommentsClose CommentsPermalink section 2044 of title 38, United States Code (2) COMPARISON- In the study required by paragraph (1), the Secretary shall compare the results of the program referred to in that subsection with other programs of the Department of Veterans Affairs dedicated to the delivery of housing and services to veterans.CommentsClose CommentsPermalink
(3) CRITERIA- In making the comparison required in paragraph (2), the Secretary shall examine the following:CommentsClose CommentsPermalink
(A) The satisfaction of veterans targeted by the programs described in paragraph (2).CommentsClose CommentsPermalink
(B) The health status of such veterans.CommentsClose CommentsPermalink
(C) The housing provided such veterans under such programs.CommentsClose CommentsPermalink
(D) The degree to which such veterans are encouraged to productive activity by such programs.CommentsClose CommentsPermalink
(4) REPORT- Not later than March 31, 2011, 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 results of the study required by paragraph (1).CommentsClose CommentsPermalink
TITLE VII--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL FACILITY LEASESCommentsClose CommentsPermalink
SEC. 701. AUTHORIZATION FOR FISCAL YEAR 2009 MAJOR MEDICAL FACILITY PROJECTS.CommentsClose CommentsPermalink
The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2009 in the amount specified for each project:CommentsClose CommentsPermalink
(1) Seismic corrections, Building 2, at the Department of Veterans Affairs Palo Alto Health Care System, Palo Alto Division Palo Alto, California, in an amount not to exceed $54,000,000.CommentsClose CommentsPermalink
(2) Construction of a polytrauma healthcare and rehabilitation center at the Department of Veterans Affairs Medical Center, San Antonio, Texas, in an amount not to exceed $66,000,000.CommentsClose CommentsPermalink
(3) Seismic corrections, Building 1, at the Department of Veterans Affairs Medical Center, San Juan, Puerto Rico, in an amount not to exceed $225,900,000.CommentsClose CommentsPermalink
SEC. 702. MODIFICATION OF AUTHORIZATION AMOUNTS FOR CERTAIN MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.CommentsClose CommentsPermalink
(a) Modification of Major Medical Facility Authorizations- Section 801(a) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘$300,000,000’ and inserting ‘$625,000,000’; andCommentsClose CommentsPermalink
(B) by striking the second sentence; andCommentsClose CommentsPermalink
(2) in paragraph (3), by striking ‘$98,000,000’ and inserting ‘$568,400,000’.CommentsClose CommentsPermalink
(b) Modification of Authorization for Certain Major Medical Facility Construction Projects Previously Authorized in Connection With Capital Asset Realignment Initiative-CommentsClose CommentsPermalink
(1) CORRECTION OF PATIENT PRIVACY DEFICIENCIES AT THE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, GAINESVILLE, FLORIDA- Paragraph (5) of section 802 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (
(2) CONSTRUCTION OF A NEW MEDICAL CENTER FACILITY AT THE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, LAS VEGAS, NEVADA- Paragraph (7) of such section is amended by striking ‘$406,000,000’ and inserting ‘$600,400,000’.CommentsClose CommentsPermalink
(3) CONSTRUCTION OF A NEW OUTPATIENT CLINIC, LEE COUNTY, FLORIDA- Paragraph (8) of such section is amended--CommentsClose CommentsPermalink
(A) by striking ‘ambulatory’ and all that follows through ‘purchase,’ and inserting ‘outpatient clinic in’; andCommentsClose CommentsPermalink
(B) by striking ‘$65,100,000’ and inserting ‘$131,800,000’.CommentsClose CommentsPermalink
(4) CONSTRUCTION OF A NEW MEDICAL CENTER FACILITY, ORLANDO, FLORIDA- Paragraph (11) of such section is amended by striking ‘$377,700,000’ and inserting ‘$656,800,000’.CommentsClose CommentsPermalink
(5) CONSOLIDATION OF CAMPUSES AT THE UNIVERSITY DRIVE AND H. JOHN HEINZ III DIVISIONS, PITTSBURGH, PENNSYLVANIA- Paragraph (12) of such section is amended by striking ‘$189,205,000’ and inserting ‘$295,600,000’.CommentsClose CommentsPermalink
SEC. 703. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY LEASES.CommentsClose CommentsPermalink
The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2009 at the locations specified, and in an amount for each lease not to exceed the amount shown for such location:CommentsClose CommentsPermalink
(1) For an outpatient clinic, Brandon, Florida, $4,326,000.CommentsClose CommentsPermalink
(2) For an outpatient clinic, Colorado Springs, Colorado, $10,300,000.CommentsClose CommentsPermalink
(3) For an outpatient clinic, Eugene, Oregon, $5,826,000.CommentsClose CommentsPermalink
(4) For the expansion of an outpatient clinic, Green Bay, Wisconsin, $5,891,000.CommentsClose CommentsPermalink
(5) For an outpatient clinic, Greenville, South Carolina, $3,731,000.CommentsClose CommentsPermalink
(6) For an outpatient clinic, Mansfield, Ohio, $2,212,000.CommentsClose CommentsPermalink
(7) For an outpatient clinic, Mayaguez, Puerto Rico, $6,276,000.CommentsClose CommentsPermalink
(8) For an outpatient clinic, Mesa, Arizona, $5,106,000.CommentsClose CommentsPermalink
(9) For interim research space, Palo Alto, California, $8,636,000.CommentsClose CommentsPermalink
(10) For the expansion of an outpatient clinic, Savannah, Georgia, $3,168,000.CommentsClose CommentsPermalink
(11) For an outpatient clinic, Sun City, Arizona, $2,295,000.CommentsClose CommentsPermalink
(12) For a primary care annex, Tampa, Florida, $8,652,000.CommentsClose CommentsPermalink
(13) For an outpatient clinic, Peoria, Illinois, $3,600,000.CommentsClose CommentsPermalink
SEC. 704. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
(a) Authorization of Appropriations for Fiscal Year 2009 Major Medical Facility Projects- There is authorized to be appropriated for the Secretary of Veterans Affairs for fiscal year 2009 for the Construction, Major Projects, account--CommentsClose CommentsPermalink
(1) $345,900,000 for the projects authorized in section 701; andCommentsClose CommentsPermalink
(2) $1,493,495,000 for the increased amounts authorized for projects whose authorizations are modified by section 702.CommentsClose CommentsPermalink
(b) Authorization For Appropriations For Fiscal Year 2009 Major Medical Facility Leases- There is authorized to be appropriated for the Secretary of Veterans Affairs for fiscal year 2009 for the Medical Facilities account, $70,019,000, for the leases authorized in section 703.CommentsClose CommentsPermalink
SEC. 705. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY LEASES REQUIRING CONGRESSIONAL APPROVAL.CommentsClose CommentsPermalink
Section 8104(a)(3)(B) is amended by striking ‘$600,000’ and inserting ‘$1,000,000’.CommentsClose CommentsPermalink
SEC. 706. CONVEYANCE OF CERTAIN NON-FEDERAL LAND BY CITY OF AURORA, COLORADO, TO SECRETARY OF VETERANS AFFAIRS FOR CONSTRUCTION OF VETERANS MEDICAL FACILITY.CommentsClose CommentsPermalink
Section 410 of title IV of division I of the Consolidated Appropriations Act, 2008 (
‘SEC. 410. CONVEYANCE OF CERTAIN NON-FEDERAL LAND.CommentsClose CommentsPermalink
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) CITY- The term ‘City’ means the City of Aurora, Colorado.CommentsClose CommentsPermalink
‘(2) DEED- The term ‘deed’ means the quitclaim deed--CommentsClose CommentsPermalink
‘(A) conveyed to the City by the Secretary (acting through the Director of the National Park Service); andCommentsClose CommentsPermalink
‘(B) dated May 24, 1999.CommentsClose CommentsPermalink
‘(3) NON-FEDERAL LAND- The term ‘non-Federal land’ means--CommentsClose CommentsPermalink
‘(A) parcel I of the former United States Army Garrison Fitzsimons, Adams County, Colorado, as more specifically described in the deed; andCommentsClose CommentsPermalink
‘(B) the parcel of land described in the deed.CommentsClose CommentsPermalink
‘(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
‘(b) Duty of Secretary- To allow the City to convey by donation to the United States the non-Federal land to be used by the Secretary of Veterans Affairs for the construction of a veterans medical facility, not later than 60 days after the date of enactment of this section, the Secretary shall execute each instrument that is necessary to release all rights, conditions, and restrictions retained by the United States in and to the non-Federal land conveyed in the deed.’.CommentsClose CommentsPermalink
SEC. 707. REPORT ON FACILITIES ADMINISTRATION.CommentsClose CommentsPermalink
Not later than 60 days after the date of the enactment of this Act, 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 progress of the Secretary in complying with
SEC. 708. ANNUAL REPORT ON OUTPATIENT CLINICS.CommentsClose CommentsPermalink
(a) Annual Report Required- Subchapter I of chapter 81 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 8119. Annual report on outpatient clinicsCommentsClose CommentsPermalink
‘(a) Annual Report Required- The Secretary shall submit to the committees an annual report on community-based outpatient clinics and other outpatient clinics of the Department. The report shall be submitted each year not later than the date on which the budget for the next fiscal year is submitted to the Congress under section 1105 of title 31.CommentsClose CommentsPermalink
‘(b) Contents of Report- Each report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
‘(1) A list of each community-based outpatient clinic and other outpatient clinic of the Department, and for each such clinic, the type of clinic, location, size, number of health professionals employed by the clinic, workload, whether the clinic is leased or constructed and operated by the Secretary, and the annual cost of operating the clinic.CommentsClose CommentsPermalink
‘(2) A list of community-based outpatient clinics and other outpatient clinics that the Secretary opened during the fiscal year preceding the fiscal year during which the report is submitted and a list of clinics the Secretary proposes opening during the fiscal year during which the report is submitted and the subsequent fiscal year, together with the cost of activating each such clinic and the information required to be provided under paragraph (1) for each such clinic and proposed clinic.CommentsClose CommentsPermalink
‘(3) A list of proposed community-based outpatient clinics and other outpatient clinics that are, as of the date of the submission of the report, under review by the National Review Panel and a list of possible locations for future clinics identified in the Department’s strategic planning process, including any identified locations in rural and underserved areas.CommentsClose CommentsPermalink
‘(4) A prioritized list of sites of care identified by the Secretary that the Secretary could establish without carrying out construction or entering into a lease, including--CommentsClose CommentsPermalink
‘(A) any such sites that could be expanded by hiring additional staff or allocating staff to Federal facilities or facilities operating in collaboration with the Federal Government; andCommentsClose CommentsPermalink
‘(B) any sites established, or able to be established, under sections 8111 and 8153 of this title.’.CommentsClose CommentsPermalink
(b) Deadline for First Annual Report- The Secretary of Veterans Affairs shall submit the first report required under
, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink section 8119(a) of title 38, United States Code (c) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item:CommentsClose CommentsPermalink
‘8119. Annual report on outpatient clinics.’.CommentsClose CommentsPermalink
SEC. 709. NAME OF DEPARTMENT OF VETERANS AFFAIRS SPINAL CORD INJURY CENTER, TAMPA, FLORIDA.CommentsClose CommentsPermalink
The spinal cord injury center located at the James A. Haley Department of Veterans Affairs Medical Center in Tampa, Florida, shall after the date of the enactment of this Act be known and designated as the ‘Michael Bilirakis Department of Veterans Affairs Spinal Cord Injury Center’. Any reference to such center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the ‘Michael Bilirakis Department of Veterans Affairs Spinal Cord Injury Center’.CommentsClose CommentsPermalink
TITLE VIII--EXTENSION OF CERTAIN AUTHORITIESCommentsClose CommentsPermalink
SEC. 801. REPEAL OF SUNSET ON INCLUSION OF NONINSTITUTIONAL EXTENDED CARE SERVICES IN DEFINITION OF MEDICAL SERVICES.CommentsClose CommentsPermalink
Section 1701 is amended--CommentsClose CommentsPermalink
(1) by striking paragraph (10); andCommentsClose CommentsPermalink
(2) in paragraph (6)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (D) the following new subparagraph (E):CommentsClose CommentsPermalink
‘(E) Noninstitutional extended care services, including alternatives to institutional extended care that the Secretary may furnish directly, by contract, or through provision of case management by another provider or payer.’.CommentsClose CommentsPermalink
SEC. 802. EXTENSION OF RECOVERY AUDIT AUTHORITY.CommentsClose CommentsPermalink
Section 1703(d)(4) is amended by striking ‘September 30, 2008’ and inserting ‘September 30, 2013’.CommentsClose CommentsPermalink
SEC. 803. PERMANENT AUTHORITY FOR PROVISION OF HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE TO VETERANS WHO PARTICIPATED IN CERTAIN CHEMICAL AND BIOLOGICAL TESTING CONDUCTED BY THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) Permanent Authority- Subsection (e)(3) of section 1710 is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(3) by striking subparagraph (D).CommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (e)(1)(E) of such section is amended by striking ‘paragraphs (2) and (3)’ and inserting ‘paragraph (2)’.CommentsClose CommentsPermalink
SEC. 804. EXTENSION OF EXPIRING COLLECTIONS AUTHORITIES.CommentsClose CommentsPermalink
(a) Health Care Copayments- Section 1710(f)(2)(B) is amended by striking ‘September 30, 2008’ and inserting ‘September 30, 2010’.CommentsClose CommentsPermalink
(b) Medical Care Cost Recovery- Section 1729(a)(2)(E) is amended by striking ‘October 1, 2008’ and inserting ‘October 1, 2010’.CommentsClose CommentsPermalink
SEC. 805. EXTENSION OF NURSING HOME CARE.CommentsClose CommentsPermalink
Section 1710A(d) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink
SEC. 806. PERMANENT AUTHORITY TO ESTABLISH RESEARCH CORPORATIONS.CommentsClose CommentsPermalink
(a) Repeal- Chapter 73 is amended by striking section 7368.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by striking the item relating to section 7368.CommentsClose CommentsPermalink
SEC. 807. EXTENSION OF REQUIREMENT TO SUBMIT ANNUAL REPORT ON THE COMMITTEE ON CARE OF SEVERELY CHRONICALLY MENTALLY ILL VETERANS.CommentsClose CommentsPermalink
Section 7321(d)(2) is amended by striking ‘through 2008’ and inserting ‘through 2012’.CommentsClose CommentsPermalink
SEC. 808. PERMANENT REQUIREMENT FOR BIANNUAL REPORT ON WOMEN’S ADVISORY COMMITTEE.CommentsClose CommentsPermalink
Section 542(c)(1) is amended by striking ‘through 2008’.CommentsClose CommentsPermalink
SEC. 809. EXTENSION OF PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSISTANCE SERVICES.CommentsClose CommentsPermalink
Section 214 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (
(1) in subsection (b), by striking ‘two-year period’ and inserting ‘three-year period’; andCommentsClose CommentsPermalink
(2) in subsection (d), by striking ‘fiscal years 2007 and 2008’ and inserting ‘fiscal years 2007 through 2009’.CommentsClose CommentsPermalink
TITLE IX--OTHER MATTERSCommentsClose CommentsPermalink
SEC. 901. TECHNICAL AMENDMENTS.CommentsClose CommentsPermalink
(a) Title 38- Title 38, United States Code, is amended--CommentsClose CommentsPermalink
(1) in section 1712A--CommentsClose CommentsPermalink
(A) by striking subsection (g);CommentsClose CommentsPermalink
(B) by redesignating subsections (d) through (i) as subsections (c) through (f), respectively; andCommentsClose CommentsPermalink
(C) in subsection (f), as so redesignated, by striking ‘(including a Resource Center designated under subsection (h)(3)(A) of this section)’;CommentsClose CommentsPermalink
(2) in section 2065(b)(3)(C), by striking ‘)’;CommentsClose CommentsPermalink
(3) in the table of sections at the beginning of chapter 36, by striking the item relating to section 3684A and inserting the following new item:CommentsClose CommentsPermalink
‘3684A. Procedures relating to computer matching program.’;CommentsClose CommentsPermalink
(4) in section 4110(c)(1), by striking ‘15’ and inserting ‘16’;CommentsClose CommentsPermalink
(5) in the table of sections at the beginning of chapter 51, by striking the item relating to section 5121 and inserting the following new item:CommentsClose CommentsPermalink
‘5121. Payment of certain accrued benefits upon death of a beneficiary.’;CommentsClose CommentsPermalink
(6) in section 7458(b)(2), by striking ‘pro rated’ and inserting ‘pro-rated’;CommentsClose CommentsPermalink
(7) in section 8117(a)(1), by striking ‘such such’ and inserting ‘such’; andCommentsClose CommentsPermalink
(8) in each of sections 1708(d), 7314(f), 7320(j)(2), 7325(i)(2), and 7328(i)(2), by striking ‘medical care account’ and inserting ‘medical services account’.CommentsClose CommentsPermalink
(b) Veterans Benefits, Health Care, and Information Technology Act of 2006- Section 807(e) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (
Attest:
Clerk.
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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