S.Amdt. 2702

SA 2702. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,

[[Page S4999]]

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 H of title X, add the following:

SEC. 1095. CODIFICATION OF REQUIREMENTS FOR ELIGIBILITY
STANDARDS FOR ACCESS TO COMMUNITY CARE FROM
DEPARTMENT OF VETERANS AFFAIRS.

(a) Eligibility Access Standards.--Section 1703B of title
38, United States Code, is amended--
(1) by striking subsections (a) through (e) and inserting
the following:
``(a) Eligibility Standards for Access to Community Care.--
(1) A covered veteran shall be eligible to elect to receive
non-Department hospital care, medical services, or extended
care services, excluding nursing home care, through the
Veterans Community Care Program under section 1703 of this
title pursuant to subsection (d)(1)(D) of such section using
the following eligibility access standards:
``(A) With respect to primary care, mental health care, or
extended care services, excluding nursing home care, if the
Department cannot schedule an appointment for the covered
veteran with a health care provider of the Department who can
provide the needed service--
``(i) within 30 minutes average driving time (or such
shorter average driving time as the Secretary may prescribe)
from the residence of the veteran unless a longer average
driving time has been agreed to by the veteran in
consultation with a health care provider of the veteran; and
``(ii) within 20 days (or such shorter period as the
Secretary may prescribe) of the date of request for such an
appointment unless a later date has been agreed to by the
veteran in consultation with a health care provider of the
veteran.
``(B) With respect to specialty care, if the Department
cannot schedule an appointment for the covered veteran with a
health care provider of the Department who can provide the
needed service--
``(i) within 60 minutes average driving time (or such
shorter average driving time as the Secretary may prescribe)
from the residence of the veteran unless a longer average
driving time has been agreed to by the veteran in
consultation with a health care provider of the veteran; and
``(ii) within 28 days (or such shorter period as the
Secretary may prescribe) of the date of request for such an
appointment unless a later date has been agreed to by the
veteran in consultation with a health care provider of the
veteran.
``(2) For the purposes of determining the eligibility of a
covered veteran for care or services under paragraph (1), the
Secretary shall not take into consideration the availability
of telehealth appointments from the Department when
determining whether the Department is able to furnish such
care or services in a manner that complies with the
eligibility access standards under such paragraph.
``(3) In the case of a covered veteran who has had an
appointment with a health care provider of the Department
canceled by the Department for a reason other than the
request of the veteran, in calculating a wait time for a
subsequent appointment under paragraph (1), the Secretary
shall calculate such wait time from the date of the request
for the original, canceled appointment.
``(4) If a veteran agrees to a longer average drive time or
a later date under subparagraph (A) or (B) of paragraph (1),
the Secretary shall document the agreement to such longer
average drive time or later date in the electronic health
record of the veteran and provide the veteran a copy of such
documentation. Such copy may be provided electronically.
``(b) Application.--The Secretary shall ensure that the
eligibility access standards established under subsection (a)
apply--
``(1) to all care and services within the medical benefits
package of the Department to which a covered veteran is
eligible under section 1703 of this title, excluding nursing
home care; and
``(2) to all covered veterans, regardless of whether a
veteran is a new or established patient.
``(c) Periodic Review of Access Standards.--Not later than
three years after the date of the enactment of the Veterans'
Health Empowerment, Access, Leadership, and Transparency for
our Heroes (HEALTH) Act of 2023, and not less frequently than
once every three years thereafter, the Secretary shall--
``(1) conduct a review of the eligibility access standards
under subsection (a) in consultation with--
``(A) such Federal entities as the Secretary considers
appropriate, including the Department of Defense, the
Department of Health and Human Services, and the Centers for
Medicare & Medicaid Services;
``(B) entities and individuals in the private sector,
including--
``(i) veteran patients;
``(ii) veterans service organizations; and
``(iii) health care providers participating in the Veterans
Community Care Program under section 1703 of this title; and
``(C) other entities that are not part of the Federal
Government; and
``(2) submit to the appropriate committees of Congress a
report on--
``(A) the findings of the Secretary with respect to the
review conducted under paragraph (1); and
``(B) such recommendations as the Secretary may have with
respect to the eligibility access standards under subsection
(a).'';
(2) by striking subsection (g);
(3) by redesignating subsections (f), (h), and (i) as
subsections (d), (e), and (f), respectively;
(4) in subsection (d), as redesignated by paragraph (3)--
(A) by striking ``established'' each place it appears; and
(B) in paragraph (1), by striking ``(1) Subject to'' and
inserting ``Compliance by Community Care Providers With
Access Standards.--(1) Subject to'';
(5) in subsection (e), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``(1) Consistent with'' and inserting
``Determination Regarding Eligibility.--(1) Consistent
with''; and
(ii) by striking ``designated access standards established
under this section'' and inserting ``eligibility access
standards under subsection (a)''; and
(B) in paragraph (2)(B), by striking ``designated access
standards established under this section'' and inserting
``eligibility access standards under subsection (a)''; and
(6) in subsection (f), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by striking ``In
this section'' and inserting ``Definitions.--In this
section''; and
(B) in paragraph (2)--
(i) by striking ``covered veterans'' and inserting
``covered veteran''; and
(ii) by striking ``veterans described'' and inserting ``a
veteran described''.
(b) Conforming Amendments.--Section 1703(d) of such title
is amended--
(1) in paragraph (1)(D), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards
under section 1703B(a) of this title''; and
(2) in paragraph (3), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards
under section 1703B(a) of this title''.
______