IIB
111th CONGRESS
1st Session
H. R. 1211
IN THE SENATE OF THE UNITED STATES
June 24, 2009
Received; read twice and referred to the Committee on Veterans' Affairs
AN ACT
To amend title 38, United States Code, to expand and improve health care services available to women veterans, especially those serving in Operation Enduring Freedom and Operation Iraqi Freedom, from the Department of Veterans Affairs, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Women Veterans Health Care Improvement
Act
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS
Sec. 101. Study of barriers for women veterans to health care from the Department of Veterans Affairs.
Sec. 102. Comprehensive assessment of women’s health care programs of the Department of Veterans Affairs.
Title II—IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS
Sec. 201. Medical care for newborn children of women veterans receiving maternity care.
Sec. 202. Training and certification for mental health care providers of the Department of Veterans Affairs on care for veterans suffering from sexual trauma and post-traumatic stress disorder.
Sec. 203. Pilot program for provision of child care assistance to certain veterans receiving certain types of health care services at Department facilities.
Sec. 204. Addition of recently separated women and minority veterans to serve on advisory committees.
STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS
Study of barriers for women veterans to health care from the Department of Veterans Affairs
Study required
The Secretary of Veterans Affairs shall conduct a comprehensive study of the barriers to the provision of comprehensive health care by the Department of Veterans Affairs encountered by women who are veterans. In conducting the study, the Secretary shall—
survey women veterans who seek or receive hospital care or medical services provided by the Department of Veterans Affairs as well as women veterans who do not seek or receive such care or services;
build on the work
of the study of the Department of Veterans Affairs entitled National
Survey of Women Veterans in Fiscal Year 2007–2008
;
administer the survey to a representative sample of women veterans from each Veterans Integrated Service Network; and
ensure that the sample of women veterans
surveyed is of sufficient size for the study results to be statistically
significant and is a larger sample than that of the study of the Department of
Veterans Affairs entitled National Survey of Women Veterans in Fiscal
Year 2007–2008
.
Elements of study
In conducting the study required by subsection (a), the Secretary of Veterans Affairs shall conduct research on the effects of the following on the women veterans surveyed in the study:
The perceived stigma associated with seeking mental health care services.
The effect of driving distance or availability of other forms of transportation to the nearest medical facility on access to care.
The availability of child care.
The acceptability of integrated primary care, women’s health clinics, or both.
The comprehension of eligibility requirements for, and the scope of services available under, hospital care and medical services.
The perception of the personal safety and comfort of women veterans in inpatient, outpatient, and behavioral health facilities of the Department.
The gender sensitivity of health care providers and staff to issues that particularly affect women.
The effectiveness of outreach for health care services available to women veterans.
The location and operating hours of health care facilities that provide services to women veterans.
Such other significant barriers as the Secretary of Veterans Affairs may identify.
Authority To enter into contracts
The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section.
Mandatory review of data by certain divisions within the Department
In general
The Secretary of Veterans Affairs shall ensure that the head of each division of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under this section. The head of each such division shall submit findings with respect to the study to the Under Secretary for Health and to other pertinent program offices within the Department of Veterans Affairs with duties relating to health care services for women veterans.
Specified divisions of the Department
The divisions of the Department of Veterans Affairs specified in this paragraph are—
the Center for Women Veterans, established under section 318 of title 38, United States Code; and
the Advisory Committee on Women Veterans, established under section 542 of title 38, United States Code.
Reports
Report on implementation
Not later than 6 months after the date on which
the Department of Veterans Affairs publishes a final report on the study
entitled National Survey of Women Veterans in Fiscal Year
2007–2008
, the Secretary of Veterans Affairs shall submit to Congress a
report on the status of the implementation of the section.
Report on study
Not later than 30 months after the date on which the Department publishes such final report, the Secretary of Veterans Affairs shall submit to Congress a report on the study required under this section. The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate. The report shall also include the findings of the head of each specified division of the Department and of the Under Secretary for Health.
Definition of facility of the Department
In
this section the term facility of the Department
has the meaning
given that term in section 1701(3) of title 38, United
States Code.
Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs $4,000,000 to carry out this section.
Comprehensive assessment of women’s health care programs of the Department of Veterans Affairs
In general
The Secretary of Veterans Affairs shall conduct a comprehensive assessment of all health care services and programs provided by the Department of Veterans Affairs for the health care needs of women veterans. Such comprehensive assessment shall include assessments of specialized programs for women with post-traumatic stress disorder, for women who are homeless, for women who require care for substance abuse or mental illnesses, and for women who require obstetric and gynecologic care.
Specific matters studied
Identification of programs
For each medical facility of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall identify each of the following types of programs for women veterans provided by the Department and determine whether effective health care services, including evidenced-based health care services, are readily available to and easily accessed by women veterans:
Health promotion programs, including reproductive health promotion programs.
Disease prevention programs.
Health care programs.
Identification of relevant issues
In making such determination, the Secretary of Veterans Affairs shall identify, for each medical facility of the Department of Veterans Affairs—
the frequency with which such services are available and provided,
the demographics of the women veterans population,
the sites where such services are available and provided, and
whether, and to what extent, waiting lists, geographic distance, and other factors obstruct the receipt of any of such services at any such site.
Authority To enter into a contract
The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section.
Development of plan To improve services
Plan required
After conducting the comprehensive assessment required by subsection (a), the Secretary of Veterans Affairs shall develop a plan to improve the provision of health care services to women veterans and to project the future health care needs, including the mental health care needs of women serving in the combat theaters of Operation Enduring Freedom and Operation Iraqi Freedom.
List of services
In developing the plan under this subsection, the Secretary of Veterans Affairs shall list the types of services available for women veterans at each medical center of the Department.
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the assessment conducted pursuant to subsection (a) and the plan required under subsection (d). The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate.
GAO report
Not later than 6 months after the date on which the Secretary of Veterans Affairs submits the report required under subsection (e), the Comptroller General shall submit to Congress a report containing the findings of the Comptroller General with respect to the report of the Secretary, which may include such recommendations for administrative or legislative actions as the Comptroller General determines to be appropriate.
Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to carry out this section.
IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS
Medical care for newborn children of women veterans receiving maternity care
Newborn Care
Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
Hospital care and medical services for newborn children of women veterans receiving maternity care
In the case of a child of a woman veteran who is receiving hospital care or medical services at a Department facility (or in another facility pursuant to a contract entered into by the Secretary) relating to the birth of that child, the Secretary may furnish hospital care and medical services to that child at that facility during the seven-day period beginning on the date of the birth of the child.
.
Clerical Amendment
The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1785 the following new item:
1786. Hospital care and medical services for newborn children of women veterans receiving maternity care.
.
Training and certification for mental health care providers of the Department of Veterans Affairs on care for veterans suffering from sexual trauma and post-traumatic stress disorder
Section 1720D of title 38, United States Code, is amended—
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following new subsections:
The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services under subsection (a). In carrying out such program, the Secretary shall ensure that all such mental health professionals have been trained in a consistent manner and that such training includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder.
The Secretary shall submit to Congress an annual report on the counseling, care, and services provided to veterans pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following:
The number of mental health professionals, graduate medical education trainees, and primary care providers who have been certified under the program required by subsection (d) and the amount and nature of continuing medical education provided under such program to such professionals, trainees, and providers who are so certified.
The number of women veterans who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d).
The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d).
The number of trained full-time equivalent employees required in each facility of the Department to meet the needs of veterans requiring treatment and care for sexual trauma and post-traumatic stress disorder.
Any recommended improvements for treating women veterans with sexual trauma and post-traumatic stress disorder.
Such other information as the Secretary determines to be appropriate.
.
Pilot program for provision of child care assistance to certain veterans receiving certain types of health care services at Department facilities
In general
Pilot program required
Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a two-year pilot program under which, subject to paragraph (2), the Secretary shall provide child care assistance to a qualified veteran child care needed by the veteran during the period of time described in paragraph (3).
Form of child care assistance
Child care assistance under this section may include—
stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program);
the development of partnerships with private agencies;
collaboration with facilities or programs of other Federal departments or agencies; and
the arrangement of after-school care.
Period of time
Child care assistance under the pilot program may only be provided for the period of time that the qualified veteran—
receives a health care service referred to in paragraph (4) at a facility of the Department; and
requires to travel to and return from such facility for the receipt of such health care service.
Qualified veteran defined
In this section, the term qualified
veteran
means a veteran who is the primary caretaker of a child and who
is receiving from the Department of Veterans Affairs one or more of the
following health care services:
Regular mental health care services.
Intensive mental health care services.
Any other intensive health care services for which the Secretary determines that the provision of child care would improve access by qualified veterans.
Location of pilot program
The Secretary shall carry out the pilot program at no fewer than three Veterans Integrated Service Networks.
Authorization of appropriations
There is 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.
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 recommendations for the continuation or expansion of the pilot program.
Addition of recently separated women and minority veterans to serve on advisory committees
Advisory committee on women veterans
Subsection (a)(2)(A) of section 542 of title 38, United States Code, is amended—
by striking
and
at the end of clause (ii);
by striking the
period at the end of clause (iii) and inserting ; and
;
and
by inserting after clause (iii) the following new clause:
women who are recently separated veterans.
.
Advisory committee on minority veterans
Subsection (a)(2)(A) of section 544 of title 38, United States Code, is amended—
by striking
and
at the end of clause (iii);
by striking the
period at the end of clause (iv) and inserting ; and
; and
by inserting after clause (iv) the following new clause:
recently separated veterans who are minority group members.
.
Effective date
The amendments made by this section shall first apply to appointments made on or after the date of the enactment of this Act.
Passed the House of Representatives June 23, 2009.
Lorraine C. Miller,
Clerk.