113 S819 IS: Veterans Mental Health Treatment First Act of 2013
U.S. Senate
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as
the Veterans Mental Health Treatment
First Act of 2013
.
2.Mental heath
care and rehabilitation for veterans for service-related post-traumatic stress
disorder, depression, anxiety disorder, or related substance use
disorder
(a)Subchapter II of chapter 17 of title 38, United States
Code, is amended by inserting after section 1712B the following new
section:
1712C.Mental
health care and rehabilitation for service-related post-traumatic stress
disorder, depression, anxiety disorder, or related substance use
disorder
(a)The Secretary shall carry out a program of mental health
care and rehabilitation for veterans who—
(1)have been
discharged or released from service in the active military, naval, or air
service under conditions other than dishonorable for a period of not more than
two years;
(2)are enrolled in
the system of annual patient enrollment established and operated by the
Secretary under section 1705 of this title and have been so enrolled since
before the date of the enactment of the Veterans Mental Health Treatment First Act of
2013;
(3)are diagnosed by
a physician of the Department with post-traumatic stress disorder, depression,
anxiety disorder, or substance use disorder related to post-traumatic stress
disorder, depression, or anxiety disorder that is service-related (as
determined in accordance with subsection (b)); and
(4)agree to the
conditions of participation applicable to such veterans set forth in subsection
(c).
(b)Treatment of
conditions as service-Related(1)A condition of a
veteran described in subsection (a)(3) shall be treated as service-related for
purposes of this section if—
(A)the condition has previously been
adjudicated by the Secretary to be service-connected; or
(B)the condition is judged by the
physician of the Department making the diagnosis for the veteran as described
in subsection (a)(3) to be plausibly related to the service of the veteran in
the active military, naval, or air service.
(2)The Secretary shall prescribe in
regulations the standards to be utilized by physicians of the Department in
judging under paragraph (1)(B) whether or not a condition of a veteran
described in subsection (a)(3) is plausibly related to the service of the
veteran in the active military, naval, or air service.
(c)Conditions of
participation(1)As conditions for
participation in the program under this section, a veteran seeking mental
health care and rehabilitation under the program for a condition described in
subsection (a)(3) who has not yet filed a claim for disability under this title
for such condition shall agree as follows:
(A)To comply substantially with the
treatment regimen and rehabilitation plan prescribed under subsection (d) for
the veteran.
(B)Not to submit a claim for disability
compensation under chapter 11 of this title for post-traumatic stress disorder,
depression, anxiety disorder, or a related substance use disorder until the
earlier of—
(i)the end of the one-year period
beginning on the date of the commencement of the program by the veteran;
or
(ii)the conclusion of the treatment
regimen and rehabilitation plan prescribed under subsection (d) for the
veteran.
(2)As conditions for participation in
the program under this section, a veteran seeking mental health care and
rehabilitation under the program for a condition described in subsection (a)(3)
who has filed a claim for disability under this title for such condition that
has not been adjudicated by the Secretary at the time of the diagnosis of the
veteran described in subsection (a)(3)—
(A)shall agree to comply substantially
with the treatment regimen and rehabilitation plan prescribed under subsection
(d) for the veteran; and
(B)may agree, at the election of the
veteran, to the suspension by the Secretary of adjudication of such claim until
completion by the veteran of the treatment regimen and rehabilitation
plan.
(3)As conditions for participation in
the program under this section, a veteran seeking mental health care and
rehabilitation under the program for one or more conditions described in
subsection (a)(3) that have been determined by the Secretary to be
service-connected shall agree as follows:
(A)To comply substantially with the
treatment regimen and rehabilitation plan prescribed under subsection (d) for
the veteran.
(B)Not to submit a claim for an increase
in disability compensation under chapter 11 of this title for or based on such
condition or conditions until the earlier of—
(i)the end of the one-year period
beginning on the date of the commencement of the program by the veteran;
or
(ii)the completion of the treatment
regimen and rehabilitation plan prescribed under subsection (d) for the
veteran.
(d)Treatment
regimen and rehabilitation plan(1)The Secretary shall
provide for each veteran who participates in the program under this section a
treatment regimen and rehabilitation plan for the post-traumatic stress
disorder, depression, anxiety disorder, or related substance use disorder of
such veteran as described in subsection (a)(3). The treatment regimen and
rehabilitation plan shall be devised by appropriate clinicians and other
appropriate personnel of the Department assigned for that purpose.
(2)The treatment regimen and
rehabilitation plan for a veteran under this subsection shall include such
mental health care and rehabilitation as the clinicians and other personnel
concerned consider appropriate for the remediation of the condition or
conditions of the veteran covered by the plan.
(3)The duration of each treatment
regimen and rehabilitation plan under this subsection shall be such period as
the clinician concerned considers appropriate.
(e)(1)Subject to paragraph
(4), each veteran covered by subsection (c)(1) who participates in the program
under this section shall be paid a stipend as follows:
(A)$2,000 payable upon commencement of
the treatment regimen and rehabilitation plan provided under subsection (d) for
such veteran.
(B)$1,500 payable every 90 days
thereafter upon certification by the clinician treating such veteran under the
program that such veteran is in substantial compliance with such treatment
regimen and rehabilitation plan, except that the total amount payable to such
veteran under this subparagraph may not exceed $6,000.
(C)$3,000 payable at the earlier
of—
(i)the date of the conclusion of such
treatment regimen and rehabilitation plan; or
(ii)one year after the date of the
commencement of such treatment regimen and rehabilitation plan by such
veteran.
(2)Subject to paragraph (4), each
veteran covered by subsection (c)(2) who participates in the program under this
section shall be paid a stipend as follows:
(A)If such veteran agrees as provided in
subparagraph (B) of subsection (c)(2), the stipend payable under paragraph
(1).
(B)If such veteran does not agree as
provided in subparagraph (B) of subsection (c)(2), the stipend payable under
paragraph (3).
(3)Subject to paragraph (4), each
veteran covered by subsection (c)(3) who participates in the program under this
section shall be paid a stipend as follows:
(A)$667 payable upon commencement of the
treatment regimen and rehabilitation plan provided under subsection (d) for
such veteran.
(B)$500 payable every 90 days thereafter
upon certification by the clinician treating such veteran under the program
that such veteran is in substantial compliance with such treatment regimen and
rehabilitation plan, except that the total amount payable to such veteran under
this subparagraph may not exceed $2,000.
(C)$1,000 payable at the earlier
of—
(i)the date of the conclusion of such
treatment regimen and rehabilitation plan; or
(ii)one year after the date of the
commencement of such treatment regimen and rehabilitation plan by such
veteran.
(4)In the event a veteran is determined
by the Secretary to have failed to comply with any condition agreed to by the
veteran under subsection (c), payment to the veteran of any stipend otherwise
authorized to be payable under this subsection shall cease.
(f)Limitation on
participation(1)Except as provided in
paragraph (2), a veteran may participate only once in the program under this
section.
(2)A veteran may participate more than
once in the program under this section if the Secretary determines that such
additional participation in the program will assist the veteran in achieving
the remediation of the condition or conditions addressed by participation in
the program.
(3)The total amount of stipend payable
under subsection (e) to a veteran covered by paragraph (2) may not exceed
$11,000.
.
(b)The table of sections at the beginning of chapter 17 of
such title is amended by inserting after the item relating to section 1712B the
following new item:
1712C. Mental health care and
rehabilitation for service-related post-traumatic stress disorder, depression,
anxiety disorder, or related substance use
disorder.
.