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S 2889 IS

To amend title 38, United States Code, to improve veterans' health care benefits, and for other purposes.

April 17, 2008

Mr. AKAKA (by request) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to improve veterans' health care benefits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

(a) Short Title- This Act may be cited as the `Veterans Health Care Act of 2008'.

(b) References- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment or repeal to 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.

SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN VETERANS.

Section 1720 is amended by adding at the end the following new subsection:

`(g) The Secretary may contract with appropriate entities to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who the Secretary determines suffers from a traumatic brain injury, has an accumulation of deficits in activities of daily living and instrumental activities of daily living, and who, because of these deficits, would otherwise require admission to a nursing home even though such care would generally exceed the veteran's nursing needs.'.

SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.

Section 7411 is amended to read:

`The Secretary shall provide full-time board-certified physicians and dentists appointed under section 7401(1) of this title the opportunity to continue their professional education through VA sponsored continuing education programs. The Secretary may reimburse the physician or dentist up to $1,000 per year for continuing professional education not available through VA sources.'.

SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.

(a) Section 1710(f)(1) is amended by adding `(except if such care constitutes hospice care)' after `nursing home care';

(b) Section 1710(g)(1) is amended by adding `(except if such care constitutes hospice care)' after `medical services'.

SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.

Section 124 of the Veterans' Benefits and Services Act of 1988 (title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is repealed.

SEC. 6. DISCLOSURE OF MEDICAL RECORDS.

(a) Limited Exception to Confidentiality of Medical Records- Section 5701 is amended by adding at the end the following new subsection:

`(l) Under regulations that the Secretary shall prescribe, the Secretary may disclose the name or address, or both, of any individual who is a present or former member of the Armed Forces, or who is a dependent of a present or former member of the Armed Forces, to a third party, as defined in section 1729(i)(3)(D) of this title, in order to enable the Secretary to collect reasonable charges under section 1729(a)(2)(E) of this title for care or services provided for a non-service-connected disability.'.

(b) Disclosures From Certain Medical Records- Section 7332(b)(2) is amended by adding at the end the following new subparagraph:

`(F) To a third party, as defined in section 1729(i)(3)(D) of this title, to collect reasonable charges under section 1729(a)(2)(E) of this title for care or services provided for a non-service-connected disability.'.

SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.

Section 5317 is amended by striking subsection (g).

SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Rate Adjustment- The Secretary of Veterans Affairs shall, effective on December 1, 2008, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b).

(b) Amounts To Be Increased- The dollar amounts to be increased pursuant to subsection (a) are the following:

(1) COMPENSATION- Each of the dollar amounts in effect under section 1114 of title 38, United States Code;

(2) ADDITIONAL COMPENSATION FOR DEPENDENTS- Each of the dollar amounts in effect under section 1115(1) of such title;

(3) CLOTHING ALLOWANCE- The dollar amount in effect under section 1162 of such title;

(4) NEW DIC RATES- Each of the dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title;

(5) OLD DIC RATES- Each of the dollar amounts in effect under section 1311(a)(3) of such title;

(6) ADDITIONAL DIC FOR SURVIVING SPOUSES WITH MINOR CHILDREN- The dollar amounts in effect under section 1311(b) of such title;

(7) ADDITIONAL DIC FOR DISABILITY- Each of the dollar amounts in effect under subsections (c) and (d) of section 1311 of such title;

(8) DIC FOR DEPENDENT CHILDREN- Each of the dollar amounts in effect under sections 1313(a) and 1314 of such title;

(c) Determination of Increase-

(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2008.

(2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2008, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

(3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount.

(d) Special Rule- The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

(e) Publication of Adjusted Rates- At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2009, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased pursuant to subsection (a).