[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2357 Reported in House (RH)]






                                                 Union Calendar No. 102
108th CONGRESS
  1st Session
                                H. R. 2357

                          [Report No. 108-198]

To amend title 38, United States Code, to establish standards of access 
    to care for veterans seeking health care from the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2003

Ms. Ginny Brown-Waite of Florida (for herself, Mr. Smith of New Jersey, 
  and Mr. Miller of Florida) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

                             July 10, 2003

     Additional sponsors: Mr. Paul, Mr. Pearce, Mr. Bradley of New 
  Hampshire, Mr. Wilson of South Carolina, Mr. Gillmor, Mr. Jones of 
 North Carolina, Ms. Bordallo, Mrs. Blackburn, Mr. Frost, Mr. Deal of 
Georgia, Mrs. Jo Ann Davis of Virginia, Mr. Royce, Mr. English, and Mr. 
                                 Goode

                             July 10, 2003

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to establish standards of access 
    to care for veterans seeking health care from the Department of 
               Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. ACCESS TO CARE STANDARDS.</DELETED>

<DELETED>    (a) Required Standards for Access to Care.--Section 1703 
of title 38, United States Code, is amended by adding at the end the 
following new subsection:</DELETED>
<DELETED>    ``(d)(1) The following are the standards for access to 
care for the Department:</DELETED>
        <DELETED>    ``(A) For a veteran seeking primary care, the 
        standard for access is 30 days, determined from the date on 
        which the veteran contacts the Department seeking an 
        appointment until the date on which a visit with a primary care 
        provider is completed.</DELETED>
        <DELETED>    ``(B) For a veteran seeking specialized care, the 
        standard for access is 30 days, determined from the date on 
        which the veteran is referred for specialty care by a primary 
        care provider until the date on which a visit with an 
        appropriate specialty primary care provider is 
        completed.</DELETED>
<DELETED>    ``(2) The Secretary shall develop and disseminate an 
appropriate standard of waiting time, determined from the time at which 
the veteran's visit is scheduled until the veteran is seen by the 
provider. The Secretary shall periodically review performance of 
Department facilities compared to that standard. The Secretary shall 
annually report to the Committees on Veterans' Affairs of the Senate 
and House of Representatives an assessment of the Department's 
performance against that standard.</DELETED>
<DELETED>    ``(3) In a case in which the Secretary is unable to meet 
the standard for access to care, the Secretary shall use the authority 
of subsection (a) to furnish health care and services for that veteran 
in a non-Department facility.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the first day of the first month beginning more 
than six months after the date of the enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Health Care Improvement Act 
of 2003''.

SEC. 2. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH 
              ADMINISTRATION.

    (a) Appointments.--Section 7401 of title 38, United States Code, is 
amended--
            (1) by inserting ``and chiropractic care'' in the matter 
        preceding paragraph (1) after ``medical care''; and
            (2) by inserting ``chiropractors,'' in paragraph (1) after 
        ``podiatrists,''.
    (b) Qualifications of Appointees.--Section 7402(b) of such title is 
amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph (10):
    ``(10) Chiropractor.--To be eligible to be appointed to a 
chiropractor position, a person must--
            ``(A) hold the degree of doctor of chiropractic, or its 
        equivalent, from a college of chiropractic approved by the 
        Secretary; and
            ``(B) be licensed to practice chiropractic in a State.''.
    (c) Period of Appointments and Promotions.--Section 7403(a)(2) of 
such title is amended by adding at the end the following new 
subparagraph:
            ``(H) Chiropractors.''.
    (d) Grades and Pay Scales.--Section 7404(b)(1) of such title is 
amended by striking the third center heading in the table and inserting 
the following:

    ``CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE''.

    (e) Temporary and Part-Time Appointments.--Section 7405(a) of such 
title is amended--
            (1) by adding at the end of paragraph (1) the following new 
        subparagraph:
                    ``(E) Chiropractors.''; and
            (2) by adding at the end of paragraph (2) the following new 
        subparagraph:
                    ``(D) Chiropractors.''.
    (f) Residencies and Internships.--Section 7406(c) of such title is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and chiropractic'' after 
                ``medical'' the first place it appears; and
                    (B) by inserting ``or chiropractic'' after 
                ``medical'' the second place it appears;
            (2) in paragraph (2)(B), by inserting ``or chiropractic'' 
        after ``medical'' the first place it appears; and
            (3) in paragraph (3)(A), by inserting ``or chiropractic'' 
        after ``medical''.
    (g) Malpractice and Negligence Protection.--Section 7316(a) of such 
title is amended--
            (1) in paragraph (1), by inserting ``or chiropractic'' 
        after ``medical'' each place it appears; and
            (2) in paragraph (2)--
                    (A) by inserting ``or chiropractic'' after 
                ``medical'' the first place it appears; and
                    (B) by inserting ``chiropractor,'' after 
                ``podiatrist,''.
    (h) Treatment as Scarce Medical Specialists for Contracting 
Purposes.--Section 7409(a) of such title is amended by inserting 
``chiropractors,'' in the second sentence after ``optometrists,''.
    (i) Reimbursement of Continuing Professional Education Expenses.--
Section 7411 of such title is amended by striking ``or dentist'' and 
inserting ``, dentist, or chiropractic''.
    (j) Collective Bargaining Exemption.--Section 7421(b) of such title 
is amended by adding at the end the following new paragraph:
            ``(8) Chiropractors.''.
    (k) Effective Date.--The amendments made by this section shall take 
effect at the end of the 180-day period beginning on the date of the 
enactment of this Act.

SEC. 3. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE OF 
              CERTAIN FILIPINO WORLD WAR II VETERANS RESIDING IN THE 
              UNITED STATES.

    (a) Eligibility.--The text of section 1734 of title 38, United 
States Code, is amended to read as follows:
    ``(a) The Secretary shall furnish hospital and nursing home care 
and medical services to any individual described in subsection (b) in 
the same manner, and subject to the same terms and conditions, as apply 
to the furnishing of such care and services to individuals who are 
veterans as defined in section 101(2) of this title. Any disability of 
an individual described in subsection (b) that is a service-connected 
disability for purposes of this subchapter (as provided for under 
section 1735(2) of this title) shall be considered to be a service-
connected disability for purposes of furnishing care and services under 
the preceding sentence.
    ``(b) Subsection (a) applies to any individual who is a 
Commonwealth Army veteran or new Philippine Scout and who--
            ``(1) is residing in the United States; and
            ``(2) is a citizen of the United States or an alien 
        lawfully admitted to the United States for permanent 
        residence.''.
    (b) Limitation.--(1) The amendment made by subsection (a) shall 
take effect on the date on which the Secretary of Veterans Affairs 
submits to the Committees on Veterans' Affairs of the Senate and House 
of Representatives and publishes in the Federal Register a 
certification described in paragraph (2).
    (2) A certification referred to in paragraph (1) is a certification 
that sufficient resources are available for the fiscal year during 
which the certification is submitted to carry out section 1734 of title 
38, United States Code, as amended by such amendment, during that 
fiscal year at each significantly affected health care facility of the 
Department of Veterans Affairs.
    (3) For purposes of paragraph (2), the term ``significantly 
affected health care facility'' means a health care facility at which, 
as determined by the Secretary, it is reasonably foreseeable that the 
implementation of the provisions of section 1734 of title 38, United 
States Code, as amended by subsection (a), will result in a significant 
increase in the use of health care resources due to the number of 
veterans described in subsection (b) of that section who are considered 
to be likely to seek hospital or nursing home care or medical services, 
as authorized by subsection (a) of that section, at that facility.
            Amend the title so as to read: ``A bill to amend title 38, 
        United States Code, to provide for the appointment of 
        chiropractors in the Veterans Health Administration of the 
        Department of Veterans Affairs and to provide eligibility for 
        Department of Veterans Affairs health care for certain Filipino 
        World War II veterans residing in the United States.''.




                                                 Union Calendar No. 102

108th CONGRESS

  1st Session

                               H.R. 2357

                          [Report No. 108-198]

_______________________________________________________________________

                                 A BILL

To amend title 38, United States Code, to establish standards of access 
    to care for veterans seeking health care from the Department of 
               Veterans Affairs, and for other purposes.

_______________________________________________________________________

                             July 10, 2003

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed