1.This Act may be cited as the
Veterans Sexual Assault Prevention and
Health Care Enhancement Act
.
2.Comprehensive policy
on reporting and tracking sexual assault incidents and other safety
incidents
(a)Subchapter I of
chapter 17 of title 38,
United States Code, is amended by adding at the end the following:
1709.Comprehensive
policy on reporting and tracking sexual assault incidents and other safety
incidents
(a)Not later than March
1, 2012, the Secretary of Veterans Affairs shall develop and implement a
centralized and comprehensive policy on the reporting and tracking of sexual
assault incidents and other safety incidents that occur at each medical
facility of the Department, including—
(1)suspected, alleged, attempted, or confirmed
cases of sexual assault, regardless of whether such assaults lead to
prosecution or conviction;
(2)criminal and
purposefully unsafe acts;
(3)alcohol or
substance abuse related acts (including by employees of the Department);
and
(4)any kind of event
involving alleged or suspected abuse of a patient.
(b)The
policy required by subsection (a) shall cover each of the following:
(1)For purposes of reporting and tracking
sexual assault incidents and other safety incidents, definitions of the
terms—
(A)safety
incident
;
(B)sexual
assault; and
(C)sexual
assault incident
.
(2)The development and use of specific
risk-assessment tools to examine any risks related to sexual assault that a
veteran may pose while being treated at a medical facility of the Department,
including clear and consistent guidance on the collection of information
related to—
(A)the legal history
of the veteran; and
(B)the medical record
of the veteran.
(3)The mandatory training of employees of the
Department on security issues, including awareness, preparedness, precautions,
and police assistance.
(4)The mandatory implementation, use, and
regular testing of appropriate physical security precautions and equipment,
including surveillance camera systems, computer-based panic alarm systems,
stationary panic alarms, and electronic portable personal panic alarms.
(5)Clear, consistent, and comprehensive
criteria and guidance with respect to an employee of the Department
communicating and reporting sexual assault incidents and other safety incidents
to—
(A)supervisory personnel of the employee
at—
(i)a
medical facility of the Department;
(ii)an office of a
Veterans Integrated Service Network; and
(iii)the central
office of the Veterans Health Administration; and
(B)a law enforcement official of the
Department.
(6)Clear and consistent criteria and
guidelines with respect to an employee of the Department referring and
reporting to the Office of Inspector General of the Department sexual assault
incidents and other safety incidents that meet the regulatory criminal
threshold in accordance with section 1.201 and 1.204 of title 38, Code of
Federal Regulations.
(7)An accountable oversight system within the
Veterans Health Administration that includes—
(A)systematic information sharing of reported
sexual assault incidents and other safety incidents among officials of the
Administration who have programmatic responsibility; and
(B)a centralized
reporting, tracking, and monitoring system for such incidents.
(8)Consistent procedures and systems for law
enforcement officials of the Department with respect to investigating,
tracking, and closing reported sexual assault incidents and other safety
incidents.
(9)Clear and consistent guidance for the
clinical management of the treatment of sexual assaults that are reported more
than 72 hours after the assault.
(c)The Secretary shall
review and revise the policy required by subsection (a) on a periodic basis as
the Secretary considers appropriate and in accordance with best
practices.
(d)(1)Not later than 60 days after the date on
which the Secretary develops the policy required by subsection (a), and by not
later than October 1 of each year thereafter, the Secretary shall submit to the
Committee on Veterans’ Affairs of the House of Representatives and the
Committee on Veterans’ Affairs of the Senate a report on the implementation of
the policy.
(2)The report under paragraph (1) shall
include—
(A)the number and type of sexual assault
incidents and other safety incidents reported by each medical facility of the
Department;
(B)a detailed description of the
implementation of the policy required by subsection (a), including any
revisions made to such policy from the previous year; and
(C)the effectiveness of such policy on
improving the safety and security of the medical facilities of the Department,
including the performance measures used to evaluate such effectiveness.
(e)The Secretary shall prescribe regulations
to carry out this
section.
.
(b)The table of
sections at the beginning of such chapter is amended by adding after the item
relating to section 1708 the following:
1709. Comprehensive policy on reporting
and tracking sexual assault incidents and other safety
incidents.
.
(c)Not later than 30 days
after the date of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans’ Affairs of the House of
Representatives and the Committee on Veterans’ Affairs of the Senate a report
on the development of the performance measures described in
section
1709(d)(2)(C) of title 38, United States Code, as added by
subsection (a).
3.Increased flexibility
in establishing payment rates for nursing home care provided by State
homes
(a)
(1)Contracts and
agreements for nursing home careSection 1745(a) of title 38, United
States Code, is amended—
(A)in paragraph (1), by striking The
Secretary shall pay each State home for nursing home care at the rate
determined under paragraph (2)
and inserting The Secretary shall
enter into a contract (or agreement under section 1720(c)(1) of this title)
with each State home for payment by the Secretary for nursing home care
provided in the home
; and
(B)by striking paragraph (2) and inserting the
following new paragraph (2):
(2)Payment under each contract (or agreement)
between the Secretary and a State home under paragraph (1) shall be based on a
methodology, developed by the Secretary in consultation with the State home, to
adequately reimburse the State home for the care provided by the State home
under the contract (or
agreement).
.
(2)Section 1720(c)(1)(A) of such title is amended—
(A)in clause (i), by
striking ; and
and inserting a semicolon;
(B)in clause (ii), by
striking the period at the end and inserting ; and
; and
(C)by adding at the
end the following new clause:
(iii)a provider of services eligible to enter
into a contract pursuant to section 1745(a) of this title who is not otherwise
described in clause (i) or
(ii).
.
(b)The amendment made by
subsection (a) shall apply to care provided on or after January 1, 2012.
4.Rehabilitative
services for veterans with traumatic brain injury
(a)Rehabilitation
plans and servicesSection 1710C of title 38, United
States Code, is amended—
(1)in subsection
(a)(1), by inserting before the semicolon the following: with the goal
of maximizing the individual’s independence
;
(2)in subsection
(b)—
(A)in paragraph
(1)—
(i)by
inserting (and sustaining improvement in)
after
improving
;
(ii)by
inserting behavioral,
after cognitive
;
(B)in paragraph (2),
by inserting rehabilitative services and
before
rehabilitative components
; and
(C)in paragraph
(3)—
(i)by
striking treatments
the first place it appears and inserting
services
; and
(ii)by
striking treatments and
the second place it appears; and
(3)by adding at the
end the following new subsection:
(h)Rehabilitative
services definedFor purposes of this section, and sections 1710D
and 1710E of this title, the term rehabilitative services
includes—
(1)rehabilitative
services, as defined in section 1701 of this title;
(2)treatment and
services (which may be of ongoing duration) to sustain, and prevent loss of,
functional gains that have been achieved; and
(3)any other
rehabilitative services or supports that may contribute to maximizing an
individual’s
independence.
.
(b)Rehabilitation
services in comprehensive program for long-term
rehabilitationSection 1710D(a) of title 38,
United States Code, is amended—
(1)by inserting
and rehabilitative services (as defined in section 1710C of this
title)
after long-term care
; and
(2)by striking
treatment
.
(c)Rehabilitation
services in authority for cooperative agreements for use of non-Department
facilities for rehabilitationSection 1710E(a) of title 38,
United States Code, is amended by inserting , including rehabilitative
services (as defined in section 1710C of this title),
after
medical services
.
(d)Section
1710C(c)(2)(S) of title 38, United States Code, is amended by
striking opthamologist
and inserting
ophthalmologist
.
5.Use of service
dogs on property of the Department of Veterans AffairsSection 901 of title
38, United States Code, is amended by adding at the end the following new
subsection:
(f)The Secretary may not prohibit the use of
service dogs in any facility or on any property of the Department or in any
facility or on any property that receives funding from the
Secretary.
.
6.Department of
Veterans Affairs pilot program on dog training therapy
(a)Commencing not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall implement a
three-year pilot program for the purpose of assessing the effectiveness of
using dog training activities as a component of integrated post-deployment
mental health and post-traumatic stress disorder rehabilitation programs at
Department of Veterans Affairs medical centers to positively affect veterans
with post-deployment mental health conditions and post-traumatic stress
disorder symptoms and, through such activities, to produce specially trained
dogs that meet criteria for becoming service dogs for veterans with
disabilities.
(b)Location of
Pilot ProgramThe pilot program shall be carried out at one
Department of Veterans Affairs medical center selected by the Secretary for
such purpose at a location other than in the Department of Veterans Affairs
Palo Alto health care system in Palo Alto, California. In selecting a medical
center for the pilot program, the Secretary shall—
(1)ensure that the
medical center selected—
(A)has an established mental health
rehabilitation program that includes a clinical focus on rehabilitation
treatment of post-deployment mental health conditions and post-traumatic stress
disorder; and
(B)has a demonstrated
capability and capacity to incorporate service dog training activities into the
rehabilitation program; and
(2)shall review and
consider using recommendations published by Assistance Dogs International,
International Guide Dog Federation, or comparably recognized experts in the art
and science of basic dog training with regard to space, equipments, and
methodologies.
(c)In carrying out the pilot program, the Secretary
shall—
(1)administer the
program through the Department of Veterans Affairs Patient Care Services Office
as a collaborative effort between the Rehabilitation Office and the Office of
Mental Health Services;
(2)ensure that the
national pilot program lead of the Patient Care Services Office has sufficient
administrative experience to oversee the pilot program;
(3)establish
partnerships through memorandums of understanding with Assistance Dogs
International organizations, International Guide Dog Federation organizations,
academic affiliates, or organizations with equivalent credentials with
experience in teaching others to train service dogs for the purpose of advising
the Department of Veterans Affairs regarding the design, development, and
implementation of pilot program;
(4)ensure that the pilot program site has a
service dog training instructor;
(5)ensure that dogs selected for use in the
program meet all health clearance, age, and temperament criteria as outlined by
Assistance Dogs International, International Guide Dog Federation, or an
organization with equivalent credentials and the Centers for Disease Control
and Prevention;
(6)consider dogs
residing in animal shelters or foster homes for participation in the program if
such dogs meet the selection criteria under this subsection; and
(7)ensure that each
dog selected for the program is taught all basic commands and behaviors
essential to being accepted by an accredited service dog training organization
to be partnered with a disabled veteran for final individualized service dog
training tailored to meet the needs of the veteran.
(d)A veteran who
is enrolled in the health care system established under
section
1705(a) of title 38, United States Code, and is diagnosed with
post-traumatic stress disorder or another post-deployment mental health
condition may volunteer to participate in the pilot program required by
subsection (a) of this section and may participate in the program if the
Secretary determines that adequate program resources are available for such
veteran to participate at the pilot program site.
(e)In hiring service
dog training instructors for the pilot program required by subsection (a), the
Secretary shall give a preference to veterans in accordance with section 2108
and 3309 of title 5, United States Code.
(f)The Secretary shall
collect data on the pilot program required by subsection (a) to determine the
effectiveness of the program in positively affecting veterans with
post-traumatic stress disorder or other post-deployment mental health condition
symptoms and the potential for expanding the program to additional Department
of Veterans Affairs medical centers. Such data shall be collected and analyzed
using valid and reliable methodologies and instruments.
(g)
(1)Not later than one year after the date of the
commencement of the pilot program, and annually thereafter for the duration of
the pilot program, the Secretary shall submit to Congress a report on the pilot
program. Each such report shall include—
(A)the number of
veterans participating in the pilot program;
(B)a description of
the services carried out by the Secretary under the pilot program; and
(C)the effects that participating in the pilot
program has on veterans with post-traumatic stress disorder and post-deployment
mental health conditions.
(2)At the conclusion of pilot program, the Secretary shall
submit to Congress a final report that includes recommendations with respect to
the extension or expansion of the pilot program.
(h)For
the purposes of this section, the term service dog training
instructor
means an instructor recognized by an accredited dog
organization training program who provides hands-on training in the art and
science of service dog training and handling.
7.Elimination of
annual report on staffing for nurse positionsSection 7451(e) of
title 38, United States Code, is amended—
(1)by striking
paragraph (5); and
(2)by redesignating
paragraph (6) as paragraph (5).
Passed the House of
Representatives October 11, 2011.
Karen L. Haas,
Clerk.