[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2889 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2889

To amend title 38, United States Code, to improve veterans' health care 
                   benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2008

 Mr. Akaka (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to improve veterans' health care 
                   benefits, 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; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans Health 
Care Act of 2008''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment or repeal to a section or other provision, the reference 
shall be considered to be made to a section or other provision of title 
38, United States Code.

SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN 
              VETERANS.

    Section 1720 is amended by adding at the end the following new 
subsection:
    ``(g) The Secretary may contract with appropriate entities to 
provide specialized residential care and rehabilitation services to a 
veteran of Operation Enduring Freedom or Operation Iraqi Freedom who 
the Secretary determines suffers from a traumatic brain injury, has an 
accumulation of deficits in activities of daily living and instrumental 
activities of daily living, and who, because of these deficits, would 
otherwise require admission to a nursing home even though such care 
would generally exceed the veteran's nursing needs.''.

SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.

    Section 7411 is amended to read:
    ``The Secretary shall provide full-time board-certified physicians 
and dentists appointed under section 7401(1) of this title the 
opportunity to continue their professional education through VA 
sponsored continuing education programs. The Secretary may reimburse 
the physician or dentist up to $1,000 per year for continuing 
professional education not available through VA sources.''.

SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.

    (a) Section 1710(f)(1) is amended by adding ``(except if such care 
constitutes hospice care)'' after ``nursing home care'';
    (b) Section 1710(g)(1) is amended by adding ``(except if such care 
constitutes hospice care)'' after ``medical services''.

SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.

    Section 124 of the Veterans' Benefits and Services Act of 1988 
(title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is 
repealed.

SEC. 6. DISCLOSURE OF MEDICAL RECORDS.

    (a) Limited Exception to Confidentiality of Medical Records.--
Section 5701 is amended by adding at the end the following new 
subsection:
    ``(l) Under regulations that the Secretary shall prescribe, the 
Secretary may disclose the name or address, or both, of any individual 
who is a present or former member of the Armed Forces, or who is a 
dependent of a present or former member of the Armed Forces, to a third 
party, as defined in section 1729(i)(3)(D) of this title, in order to 
enable the Secretary to collect reasonable charges under section 
1729(a)(2)(E) of this title for care or services provided for a non-
service-connected disability.''.
    (b) Disclosures From Certain Medical Records.--Section 7332(b)(2) 
is amended by adding at the end the following new subparagraph:
                    ``(F) To a third party, as defined in section 
                1729(i)(3)(D) of this title, to collect reasonable 
                charges under section 1729(a)(2)(E) of this title for 
                care or services provided for a non-service-connected 
                disability.''.

SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.

    Section 5317 is amended by striking subsection (g).

SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND 
              INDEMNITY COMPENSATION.

    (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, 
effective on December 1, 2008, increase the dollar amounts in effect 
for the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of title 38, United States Code;
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under section 1115(1) of such title;
            (3) Clothing allowance.--The dollar amount in effect under 
        section 1162 of such title;
            (4) New dic rates.--Each of the dollar amounts in effect 
        under paragraphs (1) and (2) of section 1311(a) of such title;
            (5) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of such title;
            (6) Additional dic for surviving spouses with minor 
        children.--The dollar amounts in effect under section 1311(b) 
        of such title;
            (7) Additional dic for disability.--Each of the dollar 
        amounts in effect under subsections (c) and (d) of section 1311 
        of such title;
            (8) Dic for dependent children.--Each of the dollar amounts 
        in effect under sections 1313(a) and 1314 of such title;
    (c) Determination of Increase.--
            (1) The increase under subsection (a) shall be made in the 
        dollar amounts specified in subsection (b) as in effect on 
        November 30, 2008.
            (2) Except as provided in paragraph (3), each such amount 
        shall be increased by the same percentage as the percentage by 
        which benefit amounts payable under title II of the Social 
        Security Act (42 U.S.C. 401 et seq.) are increased effective 
        December 1, 2008, as a result of a determination under section 
        215(i) of such Act (42 U.S.C. 415(i)).
            (3) Each dollar amount increased pursuant to paragraph (2) 
        shall, if not a whole dollar amount, be rounded down to the 
        next lower whole dollar amount.
    (d) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates of 
disability compensation payable to persons within the purview of 
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.
    (e) Publication of Adjusted Rates.--At the same time as the matters 
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
415(i)(2)(D)) are required to be published by reason of a determination 
made under section 215(i) of such Act during fiscal year 2009, the 
Secretary of Veterans Affairs shall publish in the Federal Register the 
amounts specified in subsection (b), as increased pursuant to 
subsection (a).
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