1.This Act may be cited as the
Servicemembers' Healthcare Benefits
and Rehabilitation Enhancement Act of 2007
.
2.Improvements to
medical and dental care for recovering service members
(a)Chapter 55 of title 10,
United States Code, is amended by inserting after section 1074k the following
new section:
1074l.Management of medical and dental care for
recovering service members
(a)(1)The Secretary of
Defense shall assign a medical care manager to each recovering service
member.
(2)(A)The duties of the
medical care manager shall include the following with respect to the recovering
service member:
(i)To assist in understanding the
recovering service member’s medical status.
(ii)To assist in receiving prescribed
medical care.
(iii)To conduct a review, at least once a
week, of the recovering service member’s medical status.
(B)The weekly medical status review described
in subparagraph (A)(iii) shall be conducted in person with—
(i)in
the case the recovering service member is not incapacitated, the recovering
service member; or
(ii)in the case the recovering service
member is incapacitated—
(I)in the case a family member of the
recovering service member is available, such family member; or
(II)in the case a family member of the
recovering service member is not available, an independent service member
advocate from a veterans service organization.
(3)Each medical care manager shall not
be assigned at any one time to manage more than 17 recovering service
members.
(4)(A)The Secretary of
Defense shall establish a standard training and certification program and
curriculum for medical care managers.
(B)Successful completion of the training
program and annual certification shall be required before a person may assume
the duties of a medical care case manager.
(b)(1)The Secretary of
Defense shall assign a caseworker to each recovering service member.
(2)The duties of a caseworker shall
include assisting each such recovering service member and their family members
in obtaining all the information necessary for the following:
(A)The recovery of such recovering
service member from an injury or illness.
(B)The transition of such recovering
service member to civilian life or to other duties within the Department of
Defense.
(C)The receipt of benefits to which such
recovering service member is entitled under the laws administered by the
Secretary of Defense.
(3)Each caseworker shall not be assigned
at any one time to manage more than 34 recovering service members.
(4)(A)The Secretary of
Defense shall establish a standard training and certification program and
curriculum for caseworkers.
(B)Successful completion of the training
program and annual certification shall be required before a person may assume
the duties of a caseworker.
(5)Each caseworker shall report to the
department-wide Ombudsman Office established by section 3 of the
Servicemembers' Healthcare Benefits and
Rehabilitation Enhancement Act of 2007.
(c)Independent
service member advocatesThe Secretary of Defense shall work to
expand access to veterans service organizations to provide independent service
member advocates to recovering service members that—
(1)do not report to
the Secretary of Defense;
(2)advise recovering
service members on issues related to the medical records and service records of
such recovering service members; and
(3)provide
recovering service members with such information as may be necessary for such
recovering service members to prepare for reviews by physical evaluation
boards.
(d)In
this section:
(1)The term
family member, with respect to a recovering service member, has
the meaning given that term in section 411h(b) of title 37.
(2)The term
physical disability evaluation system means the Department of
Defense system or process for evaluating the nature of and extent of
disabilities affecting members of the armed forces (other than the Coast Guard)
and comprised of medical evaluation boards, physical evaluation boards,
counseling of members, and final disposition by appropriate personnel
authorities, as operated by the Secretaries concerned, and, in the case of the
Coast Guard, a similar system or process operated by the Secretary of Homeland
Security.
(3)The term
recovering service member means a member of the armed forces,
including a member of the National Guard or a Reserve, who is undergoing
medical treatment, recuperation, or therapy, or is otherwise in medical hold or
holdover status, for an injury, illness, or disease incurred or aggravated
while on active duty in the armed forces.
(4)The term
veterans service organization means any organization organized by
the Secretary of Veterans Affairs for the representation of veterans under
section 5902 of title
38.
.
(b)The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
1074l. Management of medical and dental
care for recovering service
members.
.
3.Establishment of
Ombudsman Office for entire Department of Defense
(a)The
Secretary of Defense shall establish within the Office of the Secretary of
Defense a department-wide Ombudsman Office (in this subsection referred to as
the Ombudsman Office
).
(b)The
functions of the Ombudsman Office established under subsection (a) are—
(1)to provide policy
guidance to, and oversight of, the ombudsman offices in the military
departments; and
(2)to monitor the
medical system of the Department of Defense, including the following:
(A)The physical
disability evaluation system.
(B)The caseworkers,
medical care managers, and independent advocates described in section 1074l of
title 10, United States Code, as added by section 2 of this Act.
(C)The condition of
health care treatment facilities of the Department of Defense.
(D)The transition of
care for recovering service members from care provided by the Department of
Defense to care provided by the Department of Veterans Affairs.
4.Improvement of
physical disability evaluation system, schedule for rating disabilities, and
disability retirement evaluation
(a)Improvement of
physical disability evaluation systemSection 1222 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
(d)Efforts to
improve speed and efficiency of physical disability evaluation
system(1)The Secretary of
Defense shall undertake efforts to improve the speed and efficiency of the
physical disability evaluation system.
(2)The Secretary of Defense shall place
the physical evaluation boards of each military department under one command to
make the physical disability evaluation system more expeditious.
(3)In this subsection, the term
physical disability evaluation system means the Department of
Defense system or process for evaluating the nature of and extent of
disabilities affecting members of the armed forces (other than the Coast Guard)
and comprised of medical evaluation boards, physical evaluation boards,
counseling of members, and final disposition by appropriate personnel
authorities, as operated by the Secretaries concerned, and, in the case of the
Coast Guard, a similar system or process operated by the Secretary of Homeland
Security.
.
(b)Joint report on
modernization of the schedule for rating disabilities in use by Department of
Veterans AffairsNot later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to the
appropriate committees of Congress a plan to update the schedule for rating
disabilities in use by the Department of Veterans Affairs to reflect the
effects of mental health disorders, including traumatic brian injury and
post-traumatic stress disorder, on the modern workforce.
(c)Retirement or
separation for physical disability
(1)Chapter 61 of title 10, United States Code, is amended by
adding at the end the following new section:
1223.Members with
multiple disabilitiesIn
making a determination under this chapter, the Secretary concerned shall
consider all of the disabilities, injuries, illnesses, or disease of a member
incurred or aggravated while on active duty and consider the cumulative
severity of all of those disabilities, injuries, illnesses, or
diseases.
.
(2)The table of sections at the beginning of chapter 61 is
amended by adding at the end the following new item:
1223. Members with multiple
disabilities.
.
(d)Prioritization
of retirement processingThe Secretary of Defense shall establish
a system for the prioritization of processing the separation of members of the
Armed Forces. Such system shall place the highest priority on recovering
service members.
(e)No reduction in
disability ratingOnce a disability rating is assigned by an
informal physical evaluation board, the Secretary of Defense may not reduce
such rating upon appeal.
5.Establishment of
medical record database
(a)The Secretary of Defense shall establish a medical record
database to track and record the medical status of all members of the Armed
Forces.
(b)To the extent practicable, the database established under
subsection (a) shall be substantially the same as the Computerized Patient
Record System of the Department of Veterans Affairs' Veterans Health
Information Systems and Technology Architecture (VistA).
(c)Access to
Department of Defense medical record database by Department of Veterans
AffairsThe Secretary of Defense shall make such system
accessible to the Department of Veterans Affairs through the Joint Patient
Tracking Application of the Department of Defense.
(d)The Secretary of Defense shall—
(1)ensure that the
system conforms with all applicable privacy laws; and
(2)take appropriate
measures to ensure the security of the system.
(e)Tracking of
members of the Armed Forces and veterans with traumatic brain injury
(1)Members of the
Armed ForcesThe Secretary of Defense shall use the system
established under subsection (a) to track members of the Armed Forces who have
been diagnosed with traumatic brain injury.
(2)The
Secretary of Veterans Affairs shall use the Veterans Health Information Systems
and Technology Architecture (VistA) to track veterans who have been diagnosed
with traumatic brain injury.
6.Assessing the
mental health of members of the Armed Forces before and after deployment in a
combat theater
(a)The Secretary of Defense shall assess the mental health
of each member of the Armed Forces who is deployed to a combat theater, or who
the Secretary expects to deploy to a combat theater, at least once
during—
(1)the 240-day
period beginning 120 days before the date on which a member is deployed in a
combat theater;
(2)the 60-day period
beginning on the date that such member returns from deployment in a combat
theater; and
(3)the predischarge
physical of such member.
(b)Testing of
neurocognitive functioningA mental health assessment provided to
a member in accordance with subsection (a)(1) shall test the neurocognitive
functioning of such member.
(c)Testing for
traumatic brain injuryA mental health assessment provided to a
member in accordance with paragraphs (2) and (3) of subsection (a) shall
include a comprehensive screening for mild, moderate, and severe cases of
traumatic brain injury.
7.Report on access
to private health careNot
later than 180 days after the date of the enactment of this Act, the Secretary
of Defense and the Secretary of Veterans Affairs shall submit to the
appropriate committees of Congress a report detailing plans to increase the
role of eligible private sector rehabilitation providers in the provision of
comprehensive post acute inpatient and outpatient rehabilitation by the
Department of Veterans Affairs to members and former members of the Armed
Forces with traumatic brain injury or post-traumatic stress disorder when the
Department is unable to provide such services without the assistance.
8.Notification to
Congress of hospitalization of combat wounded service members
(a)Chapter 55 of title 10,
United States Code, is further amended by inserting after section 1074l, as
added by section 2 of this Act, the following new section:
1074m.Notification to Congress of
hospitalization of combat wounded members
(a)The Secretary
concerned shall provide to the appropriate Members of Congress notification of
the hospitalization of any recovering service member (within the meaning of
section 1074l(d)(3) of this title) evacuated from a theater of combat to allow
such Members of Congress to provide such recovering service member with
assistance if necessary.
(b)In this section, the term appropriate Members of
Congress, with respect to the member of the armed forces about whom
notification is being made, means the Senators and the Members of the House of
Representatives representing the States or districts, respectively, that
include the member's home of record and, if different, the residence of the
next of kin, or a different location as provided by the member.
(c)Consent of
member requiredThe notification under subsection (a) may be
provided only with the consent of the member of the armed forces about whom
notification is to be made. In the case of a member who is unable to provide
consent, information and consent may be provided by next of
kin.
.
(b)The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
1074m. Notification to Congress of
hospitalization of combat wounded
members.
.
9.In this Act:
(1)Appropriate
committees of CongressThe
term appropriate committees of Congress means—
(A)the Committees on
Armed Services and Veterans' Affairs of the Senate; and
(B)the Committees on
Armed Services and Veterans' Affairs of the House of Representatives.
(2)Physical
disability evaluation systemThe term physical disability
evaluation system means the Department of Defense system or process for
evaluating the nature of and extent of disabilities affecting members of the
Armed Forces (other than the Coast Guard) and comprised of medical evaluation
boards, physical evaluation boards, counseling of members, and final
disposition by appropriate personnel authorities, as operated by the
Secretaries of the military departments, and, in the case of the Coast Guard, a
similar system or process operated by the Secretary of Homeland
Security.
(3)Recovering
service memberThe term recovering service member
means a member of the Armed Forces, including a member of the National Guard or
a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is
otherwise in medical hold or holdover status, for an injury, illness, or
disease incurred or aggravated while on active duty in the Armed Forces.
(4)The term combat theater means the
geographical area outside the continental United States required by combat and
support forces for the conduct of military operations.
(5)The
term neurocognitive means of, relating to, or involving the
central nervous system and cognitive or information processing abilities
(thinking, memory, and reasoning), as well as sensory processing (sight,
hearing, touch, taste, and smell), and communication (expression and
understanding).