S.Amdt. 4338

SA 4338. Mr. McCAIN (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle I of title X, add the following:

[[Page S3340]]

SEC. 1097. EXTENSION AND EXPANSION OF VETERANS CHOICE PROGRAM
AND ESTABLISHMENT OF CONSISTENT CRITERIA AND
STANDARDS RELATING TO PROVISION OF NON-
DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.

(a) Extension.--The Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C.
1701 note) is amended--
(1) in section 101(p)(2), by striking ``3 years'' and
inserting ``6 years''; and
(2) in section 802(d)(1), by striking ``$10,000,000,000''
and inserting ``$17,500,000,000''.
(b) Expansion of Eligibility.--
(1) In general.--Subsection (b)(2) of section 101 of such
Act is amended--
(A) in subparagraph (C)(ii), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (D)(ii)(II)(dd), by striking the period
at the end and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(E) has received health services under the pilot program
under section 403 of the Veterans' Mental Health and Other
Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C.
1703 note) and resides in a location described in section
(b)(2) of such section.''.
(2) Conforming amendments.--
(A) Information on availability of care.--Subsection (g)(3)
of such section is amended by striking ``or (D)'' and
inserting ``(D), or (E)''.
(B) Report.--Subsection (q)(2)(A) of such section is
amended--
(i) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(v) eligible veterans described in subsection
(b)(2)(E).''.
(c) Establishment of Criteria for Provision of Services
Through Non-Department Health Care Providers.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Veterans Affairs shall establish consistent
criteria and standards--
(A) for purposes of determining eligibility of non-
Department of Veterans Affairs health care providers to
provide health care under the laws administered by the
Secretary, including standards relating to education,
certification, licensure, training, and employment history;
and
(B) for the reimbursement of such health care providers for
care or services provided under the laws administered by the
Secretary, which to the extent practicable shall--
(i) except as provided in clauses (ii) and (iii), use rates
for reimbursement that are not more than the rates paid by
the United States to a provider of services (as defined in
section 1861(u) of the Social Security Act (42 U.S.C.
1395x(u))) under the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) for the same
care or services;
(ii) with respect to care or services provided in Alaska,
use rates for reimbursement set forth in the Alaska Fee
Schedule of the Department of Veterans Affairs, except for
when another payment agreement, including a contract or
provider agreement, is in place, in which case use rates for
reimbursement set forth under such payment agreement;
(iii) with respect to care or services provided in a State
with an All-Payer Model Agreement in effect under the Social
Security Act (42 U.S.C. 301 et seq.), use rates for
reimbursement based on the payment rates under such
agreement;
(iv) incorporate the use of value-based reimbursement
models to promote the provision of high-quality care to
improve health outcomes and the experience of care for
veterans; and
(v) be consistent with prompt payment standards required of
Federal agencies under chapter 39 of title 31, United States
Code.
(2) Exception.--The criteria and standards required to be
established under paragraph (1) shall not apply to hospital
care and medical services furnished under section 101 of the
Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 1701 note).
(d) Quarterly Report.--Not less frequently than quarterly
until all amounts deposited in the Veterans Choice Fund under
section 802 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C.
1701 note) are exhausted, the Secretary shall submit to the
Committee on Appropriations and the Committee on Veterans'
Affairs of the Senate and the Committee on Appropriations and
the Committee on Veterans' Affairs of the House of
Representatives an update on the expenditures made from such
Fund to carry out section 101 of such Act during the quarter
covered by the report.
(e) Emergency Designations.--
(1) In general.--The amendments made by subsections (a) and
(b) are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, the amendments
made by subsections (a) and (b) are designated as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
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