[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1682 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1682

  To amend title 10, United States Code, to improve the management of 
medical care for members of the Armed Forces, to improve the speed and 
    efficiency of the physical disability evaluation system of the 
             Department of Defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2007

Ms. Snowe (for herself and Mrs. Lincoln) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve the management of 
medical care for members of the Armed Forces, to improve the speed and 
    efficiency of the physical disability evaluation system of the 
             Department of Defense, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers' Healthcare Benefits 
and Rehabilitation Enhancement Act of 2007''.

SEC. 2. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE 
              MEMBERS.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1074k the following new section:

``SEC. 1074L. MANAGEMENT OF MEDICAL AND DENTAL CARE FOR RECOVERING 
              SERVICE MEMBERS.

    ``(a) Medical Care Managers.--(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) Caseworkers.--(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 Advocates.--The 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) Definitions.--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) Clerical Amendment.--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.''.

SEC. 3. ESTABLISHMENT OF OMBUDSMAN OFFICE FOR ENTIRE DEPARTMENT OF 
              DEFENSE.

    (a) Establishment.--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) Functions.--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.

SEC. 4. IMPROVEMENT OF PHYSICAL DISABILITY EVALUATION SYSTEM, SCHEDULE 
              FOR RATING DISABILITIES, AND DISABILITY RETIREMENT 
              EVALUATION.

    (a) Improvement of Physical Disability Evaluation System.--Section 
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 Affairs.--Not 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) In general.--Chapter 61 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1223. Members with multiple disabilities
    ``In 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) Clerical amendment.--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 Processing.--The 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 Rating.--Once a disability rating is 
assigned by an informal physical evaluation board, the Secretary of 
Defense may not reduce such rating upon appeal.

SEC. 5. ESTABLISHMENT OF MEDICAL RECORD DATABASE.

    (a) In General.--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) Database Design.--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 Affairs.--The 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) Privacy and Security.--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 forces.--The 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) Veterans.--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.

SEC. 6. ASSESSING THE MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES 
              BEFORE AND AFTER DEPLOYMENT IN A COMBAT THEATER.

    (a) In General.--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 Functioning.--A 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 Injury.--A 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.

SEC. 7. REPORT ON ACCESS TO PRIVATE HEALTH CARE.

    Not 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.

SEC. 8. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED 
              SERVICE MEMBERS.

    (a) Notification Required.--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:
``Sec. 1074m. Notification to Congress of hospitalization of combat 
              wounded members
    ``(a) Notification Required.--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) Appropriate Members.--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 Required.--The 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) Clerical Amendment.--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.''.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The 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 system.--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 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 member.--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) Combat theater.--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) Neurocognitive.--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).
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