US Codex
Pub. L.
Notes

Title II — Improvement of Health Care from Department of Veterans Affairs

115th Congress · Approved Sep 29, 2018 · 132 Stat. 3166 · Lineage

TITLE II Improvement of Health Care from Department of Veterans Affairs

SEC. 201. Treatment of Modifications of Contracts under Veterans Community Care Program.

(a)
In General.— Section 1703(h)(1) is amended—
(1)
by striking “ The Secretary shall” and inserting “ (A) The Secretary shall”; and
(2)
by adding at the end the following new subparagraph:

“(B) For purposes of subparagraph (A), the requirement to enter into consolidated, competitively bid contracts shall not restrict the authority of the Secretary under other provisions of law when modifying such a contract after entering into the contract.”

(b)
Effective Date.— The amendments made by subsection (a) shall take effect on the effective date specified in section 101(b) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182).

SEC. 202. Modification of Provision Requiring Recognition and Acceptance, on an Interim Basis, of Credentials and Qualifications of Health Care Providers under Community Care Program.

Section 1703(h)(5)(A) is amended by striking “ the date of the enactment” and inserting “ the effective date specified in section 101(b)”.

SEC. 203. Expansion of Coverage of Veterans Care Agreements.

(a)
In General.— Section 1703A is amended by adding at the end the following new subsection:

“(l) Covered Individual Defined.—In this section, the term ‘covered individual’ means any individual eligible for hospital care, medical services, or extended care services under this title or any other law administered by the Secretary.”

(b)
Conforming Amendments.— Section 1703A is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (A), by striking “ veteran” each place it appears and inserting “ covered individual”; and
(B)
in subparagraph (C)—
(i)
by striking “ veteran” and inserting “ covered individual”; and
(ii)
by striking “ veteran’s” and inserting “ covered individual’s”;
(2)
in subsection (e)(2)(B), by striking “ veteran” each place it appears and inserting “ covered individual”;
(3)
in subsection (f)(2)—
(A)
in subparagraph (C), by striking “ veterans” and inserting “ covered individuals”; and
(B)
in subparagraph (D), by striking “ veteran” and inserting “ covered individual”;
(4)
in subsection (g), by striking “ to veterans” and inserting “ to covered individuals”; and
(5)
in subsection (j)—
(A)
by striking “ any veteran” and inserting “ any covered individual”; and
(B)
by striking “ to veterans” each place it appears and inserting “ to covered individuals”.

SEC. 204. Modification of Authority for Deduction of Overpayments for Health Care.

Section 1703D(e)(1) is amended—
(1)
by striking “ shall” and inserting “ may”; and
(2)
by inserting before the period at the end the following: “ and may use any other means authorized by another provision of law to correct or recover overpayments”.

SEC. 205. Modification of Eligibility of Former Members of the Armed Forces for Mental and Behavioral Health Care from the Department of Veterans Affairs.

Section 1720I(b)(3) is amended by striking “ is not otherwise eligible to enroll” and inserting “ is not enrolled”.

SEC. 206. Access of Health Care Providers of the Department of Veterans Affairs to Drug Monitoring Programs That Do Not Participate in the National Network.

Section 1730B is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by inserting “ , or any individual State or regional prescription drug monitoring program,” after “ programs”;
(B)
in paragraph (2)(A), by striking “ such network” and inserting “ the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program,”; and
(C)
in paragraph (3), by inserting “ , or any individual State or regional prescription drug monitoring program,” after programs; and
(2)
in subsection (c)(2) by inserting “ , or any individual State or regional prescription drug monitoring program,” after “ programs”.

SEC. 207. Elimination of Report on Activities and Proposals Involving Contracting for Performance by Contractor Personnel of Work Previously Performed by Department Employees.

Section 8110 is amended—
(1)
by striking subsection (c); and
(2)
by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

SEC. 208. Additional Report on Increased Availability of Opioid Receptor Antagonists.

Section 911(e)(2) of the Jason Simcakoski Memorial and Promise Act (Public Law 114–198; 38 U.S.C. 1701 note) is amended by inserting “ and not later than one year after the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2018” before “ the Secretary shall”.

SEC. 209. Expansion of Health Care Assessment to Include All Territories of the United States and the Assessment of Extended Care Services.

Section 213 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(1)
in the section header, by striking “ pacific territories” and inserting “ territories of the united states”;
(2)
in subsection (a)—
(A)
by striking “ 180 days” and inserting “ 270 days”; and
(B)
by striking “ Pacific territories” and inserting “ territories of the United States”;
(3)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “ Pacific territories” and inserting “ territories of the United States”; and
(ii)
by adding at the end the following:

“(E) Extended care.”

; and

(B)
in paragraph (2)—
(i)
by striking “ community-based outpatient clinic” and inserting “ medical facility”; and
(ii)
by striking “ Pacific territory” and inserting “ territory of the United States”; and
(4)
in subsection (c)—
(A)
by striking “ Pacific territories” and inserting “ territories of the United States”;
(B)
by striking “ and”; and
(C)
by inserting before the period at the end the following: “ , Puerto Rico, and the United States Virgin Islands”.

SEC. 210. Authorization of Major Medical Facility Project at Department of Veterans Affairs West Los Angeles Medical Center.

(a)
In General.— The Secretary of Veterans Affairs may carry out the major medical facility project described in subsection (b) in fiscal year 2019, in an amount not to exceed $35,000,000.
(b)
Major Medical Facility Project.— The major medical facility project described in this subsection is the construction of a new regional food services facility building on the campus of the medical center of the Department of Veterans Affairs in West Los Angeles, California, to replace the seismically deficient Building 300, Regional Food Service Facility, which is located on the north campus of the medical center as of the date of the enactment of this Act.

SEC. 211. Technical Amendments to Va Mission Act of 2018 and Amendments Made by That Act.

(a)
Title 38.—
(1)
Annual report on performance awards and bonuses.— Section 726(c)(3) is amended by striking “ , United States Code”.
(2)
Veterans care agreements.— Section 1703A(h)(4) is amended by striking “ , United States Code”.
(3)
Access standards.— Section 1703B(i) is amended—
(A)
by striking “ (1) The term” and inserting

“(1) The term”

(B)
in paragraph (1), by moving subparagraphs (A) and (B) two ems to the right;
(C)
by moving paragraph (2) two ems to the right; and
(D)
in paragraph (2), by striking “ refers to” and inserting “ means”.
(4)
Standards for quality.— Section 1703C(c) is amended—
(A)
by striking “ (c)(1) The term” and inserting

“(1) The term”

(B)
in paragraph (1), by moving subparagraphs (A) and (B) two ems to the right;
(C)
by moving paragraph (2) two ems to the right; and
(D)
in paragraph (2), by striking “ refers to” and inserting “ means”.
(5)
Prompt payment standard.— Section 1703D(g)(3) is amended by striking “ of this Act, as amended by the Caring for Our Veterans Act of 2018,” and inserting “ of this title”.
(6)
Remediation of medical service lines.— Section 1706A is amended—
(A)
in subsection (a), in the matter preceding paragraph (1), by inserting “ of this title” after “ section 1703(e)(1)”; and
(B)
in subsection (d)(1), by striking “ paragraph (1)” and inserting “ subsection (a)”.
(7)
Walk-in care.— Section 1725A is amended—
(A)
in subsection (c), by striking “ or other agreement” and inserting “ agreement, or other arrangement”; and
(B)
in subsection (f)(4), by striking “ Section 8153(c)” and inserting “ Sections 8153(c) and 1703A(j)”.
(8)
Authority to recover the cost of services furnished for non-service-connected disabilities.— Section 1729(a)(2)(D) is amending by striking the period at the end and inserting “ ; or”.
(9)
Agreements with state homes.— Section 1745(a)(4)(B)(ii)(III) is amended by striking “ subchapter V of chapter 17 of this title” and inserting “ this subchapter”.
(10)
Transplant procedures with live donors and related services.— Section 1788(c) is amended by striking “ this chapter” and inserting “ this title”.
(11)
Quadrennial veterans health administration review.— Section 7330C is amended—
(A)
in subsection (a)—
(i)
in paragraph (1), by striking “ Secretary of Veterans Affairs” and inserting “ Secretary”;
(ii)
in paragraph (2)—
(I)
in subparagraph (B), by striking “ Department of Veterans Affairs” and inserting “ Department”;
(II)
in subparagraph (C), by striking “ of title 38, as added by section 102” and inserting “ of this title”; and
(III)
in subparagraph (H)(i), by striking “ Department of Veterans Affairs” and inserting “ Department”; and
(iii)
in paragraph (4)—
(I)
in subparagraph (A)(iii), by inserting “ of this title” after “ section 1703C”; and
(II)
in subparagraph (B), by inserting “ of this title” after “ section 1703(b)”;
(B)
in subsection (b)(2)(I), by inserting “ of this title” after “ section 1706A”; and
(C)
in subsection (c)—
(i)
in paragraph (1), by striking “ such high performing” and inserting “ a high-performing”; and
(ii)
in paragraph (3), by inserting “ such” before “ a high-performing”.
(12)
Department of veterans affairs specialty education loan repayment program.— Section 7693(a)(1) is amended by striking “ is hired” and inserting “ will be eligible for appointment”.
(b)
VA MISSION ACT.—
(1)
Training program for administration of non-department health care.— Section 122(a)(2) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking “ such title” and inserting “ title 38, United States Code”.
(2)
Processes for safe opioid prescribing practices by non-department providers.— Section 131 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(A)
in subsection (c)(1)—
(i)
by inserting “ of title 38, United States Code,” after “ section 1703(a)(2)(A)”;
(ii)
by striking “ of this title” each place it appears and inserting “ of this Act”; and
(iii)
by inserting “ of such title” after “ section 1703A(e)(2)(F)”; and
(B)
in subsection (d), by striking “ covered veterans” each place it appears and inserting “ veterans”.
(3)
Plans for supplemental appropriations.— Section 141 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking “ Whenever the Secretary” and inserting “ Whenever the Secretary of Veterans Affairs”.
(4)
Telemedicine reporting requirement.— Section 151(c)(1) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking “ section 1730B” and inserting “ section 1730C”.
(5)
Expansion of family caregiver program.— Section 161(a)(1)(B) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking “ such title” and inserting “ title 38, United States Code”.
(6)
Specialty education loan repayment program.— Section 303 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(A)
in subsection (d), by inserting “ of Veterans Affairs” after “ Department”; and
(B)
in subsection (e), in the matter preceding paragraph (1), by striking “ established” and inserting “ under subchapter VIII of chapter 76 of title 38, United States Code, as enacted”.
(7)
Veterans healing veterans medical access and scholarship program.— Section 304 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(A)
in subsection (a), by striking “ covered medical schools” and inserting “ covered medical school”; and
(B)
in subsection (b)—
(i)
in paragraph (2), by striking “ entitled to” and inserting “ concurrently receiving”;
(ii)
in paragraph (3), by striking “ 2019” and inserting “ 2020”; and
(iii)
in paragraph (6), by striking “ subsection (e)” and inserting “ subsection (d)”;
(C)
in subsection (c)—
(i)
in paragraph (1), by striking “ 2019” and inserting “ 2020”; and
(ii)
in paragraph (3), by striking “ 2019” and inserting “ 2020”;
(D)
in subsection (e), by striking “ 2019” and inserting “ 2020”; and
(E)
in subsection (f), by striking “ December 31, 2020” and inserting “ December 31, 2021”.
(8)
Development of criteria for designation of certain medical facilities as underserved facilities and plan to address problem of underserved facilities.— Section 401 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(A)
in subsection (b)(5), by adding “ or the applicable access standards developed under section 1703B of title 38, United States Code” after “ the wait-time goals of the Department”; and
(B)
in subsection (d)(2)(A), by striking “ section 407” and inserting “ section 402”.
(9)
Pilot program on graduate medical education and residency.— Section 403(b)(4) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by inserting “ under” after “ an agreement”.
(10)
Department of veterans affairs medical scribe pilot program.— Section 507 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
(A)
in subsection (b)(3), by striking “ as determine” and inserting “ as determined”; and
(B)
in subsection (c)(2)(C), by striking “ speciality” and inserting “ specialty”.