[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Reported in House (RH)]
<DOC>
Union Calendar No. 548
114th CONGRESS
2d Session
H. R. 3471
[Report No. 114-709]
To amend title 38, United States Code, to make certain improvements in
the provision of automobiles and adaptive equipment by the Department
of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2015
Mrs. Walorski (for herself, Ms. Brownley of California, Mr. Ruiz, Mr.
Duncan of Tennessee, Mr. Barr, and Mr. Curbelo of Florida) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
September 6, 2016
Additional sponsors: Mr. Amodei, Ms. Michelle Lujan Grisham of New
Mexico, Mr. Costello of Pennsylvania, Mr. Lamborn, Mr. Carson of
Indiana, Mr. Shuster, Mr. Lowenthal, Ms. Judy Chu of California, Ms.
Jenkins of Kansas, Mr. Ryan of Ohio, Mrs. Capps, Mr. Jody B. Hice of
Georgia, Ms. Sinema, Mr. Cook, Ms. Titus, Mr. Engel, Mr. McDermott, Mr.
Luetkemeyer, Ms. McSally, Ms. Kuster, Mr. Thompson of Pennsylvania,
Mrs. Radewagen, Mrs. Brooks of Indiana, Mr. Roskam, Mr. Poe of Texas,
Mr. Marchant, Mr. Becerra, Mr. Honda, Mr. Burgess, Mr. Coffman, Mrs.
Hartzler, Mr. Duffy, Mr. Cole, Mr. Bucshon, Mr. Sensenbrenner, Mr. Hurd
of Texas, Mr. Cramer, Mr. Pocan, Mr. Bera, Mr. Yarmuth, Mr. Vargas, Mr.
Polis, Mr. Jeffries, Mr. Castro of Texas, Mr. Vela, and Ms. Frankel of
Florida
September 6, 2016
Reported with an amendment, 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]
[For text of introduced bill, see copy of bill as introduced on
September 10, 2015]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the provision of automobiles and adaptive equipment by the Department
of Veterans Affairs.
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 ``Veterans Mobility Safety Act of
2016''.
SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT.
Section 3903(b) of title 38, United States Code, is amended--
(1) by striking ``Except'' and inserting ``(1) Except'';
and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that to the extent practicable an
eligible person who is provided an automobile or other conveyance under
this chapter is given the opportunity to make personal selections
relating to such automobile or other conveyance.''.
SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT
PROGRAM.
(a) Comprehensive Policy.--The Secretary of Veterans Affairs shall
develop a comprehensive policy regarding quality standards for
providers who provide modification services to veterans under the
automobile adaptive equipment program.
(b) Scope.--The policy developed under subsection (a) shall cover
each of the following:
(1) The Department of Veterans Affairs-wide management of
the automobile adaptive equipment program.
(2) The development of standards for safety and quality of
equipment and installation of equipment through the automobile
adaptive equipment program, including with respect to the
defined differentiations in levels of modification complexity.
(3) The consistent application of standards for safety and
quality of both equipment and installation throughout the
Department.
(4) The certification of a provider by a third party
organization or manufacturer if the Secretary designates the
quality standards of such organization or manufacturer as
meeting or exceeding the standards developed under this
section.
(5) The education and training of personnel of the
Department who administer the automobile adaptive equipment
program.
(6) The compliance of the provider with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when
furnishing automobile adaptive equipment at the facility of the
provider.
(7) The allowance, where technically appropriate, for
veterans to receive modifications at their residence or
location of choice.
(c) Updates.--Not later than one year after the date of the
enactment of this Act, the Secretary shall update Veterans Health
Administration Handbook 1173.4, or any successor handbook or directive,
in accordance with the policy developed under subsection (a). Not less
frequently than once every six years thereafter, the Secretary shall
update such handbook, or any successor handbook or directive.
(d) Consultation.--The Secretary shall develop the policy under
subsection (a), and revise such policy under subsection (c), in
consultation with veterans service organizations, the National Highway
Transportation Administration, industry representatives, manufacturers
of automobile adaptive equipment, and other entities with expertise in
installing, repairing, replacing, or manufacturing mobility equipment
or developing mobility accreditation standards for automobile adaptive
equipment.
(e) Conflicts.--In developing and implementing the policy under
subsection (a), the Secretary shall--
(1) minimize the possibility of conflicts of interest, to
the extent practicable; and
(2) establish procedures that ensure against the use of a
certifying entity referred to in subsection (b)(4) that has a
financial conflict of interest regarding the certification of
an eligible provider.
(f) Biennial Report.--
(1) In general.--Not later than one year after the date on
which the Secretary updates Veterans Health Administration
Handbook 1173.4, or any successor handbook or directive, under
subsection (c), and biennially thereafter through 2022, the
Secretary shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report on the
implementation and facility compliance with the policy
developed under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the implementation plan for
the policy developed under subsection (a) and any
revisions to such policy under subsection (c).
(B) A description of the performance measures used
to determine the effectiveness of such policy in
ensuring the safety of veterans enrolled in the
automobile adaptive equipment program.
(C) An assessment of safety issues due to improper
installations based on a survey of recipients of
adaptive equipment from the Department.
(D) An assessment of the adequacy of the adaptive
equipment services of the Department based on a survey
of recipients of adaptive equipment from the
Department.
(E) An assessment of the training provided to the
personnel of the Department with respect to
administering the program.
(F) An assessment of the certified providers of the
Department of adaptive equipment with respect to
meeting the minimum standards developed under
subsection (b)(2).
(g) Definitions.--In this section:
(1) The term ``automobile adaptive equipment program''
means the program administered by the Secretary of Veterans
Affairs pursuant to chapter 39 of title 38, United States Code.
(2) The term ``veterans service organization'' means any
organization recognized by the Secretary for the representation
of veterans under section 5902 of title 38, United States Code.
SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS
HEALTH ADMINISTRATION.
(a) Licensed Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United
States Code, is amended by inserting ``licensed hearing aid
specialists,'' after ``Audiologists,''.
(2) Qualifications.--Section 7402(b)(14) of such title is
amended by inserting ``, hearing aid specialist'' after
``dental technologist''.
(b) Requirements.--With respect to appointing hearing aid
specialists under sections 7401 and 7402 of title 38, United States
Code, as amended by subsection (a), and providing services furnished by
such specialists, the Secretary shall ensure that--
(1) a hearing aid specialist may only perform hearing
services consistent with the hearing aid specialist's State
license related to the practice of fitting and dispensing
hearing aids without excluding other qualified professionals,
including audiologists, from rendering services in overlapping
practice areas;
(2) services provided to veterans by hearing aid
specialists shall be provided as part of the non-medical
treatment plan developed by an audiologist; and
(3) the medical facilities of the Department of Veterans
Affairs provide to veterans access to the full range of
professional services provided by an audiologist.
(c) Consultation.--In determining the qualifications required for
hearing aid specialists and in carrying out subsection (b), the
Secretary shall consult with veterans service organizations,
audiologists, otolaryngologists, hearing aid specialists, and other
stakeholder and industry groups as the Secretary determines
appropriate.
(d) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter during the
five-year period beginning on the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the following:
(A) Timely access of veterans to hearing health
services through the Department of Veterans Affairs.
(B) Contracting policies of the Department with
respect to providing hearing health services to
veterans in facilities that are not facilities of the
Department.
(2) Timely access to services.--Each report shall, with
respect to the matter specified in paragraph (1)(A) for the
one-year period preceding the submittal of such report, include
the following:
(A) The staffing levels of audiologists, hearing
aid specialists, and health technicians in audiology in
the Veterans Health Administration.
(B) A description of the metrics used by the
Secretary in measuring performance with respect to
appointments and care relating to hearing health.
(C) The average time that a veteran waits to
receive an appointment, beginning on the date on which
the veteran makes the request, for the following:
(i) A disability rating evaluation for a
hearing-related disability.
(ii) A hearing aid evaluation.
(iii) Dispensing of hearing aids.
(iv) Any follow-up hearing health
appointment.
(D) The percentage of veterans whose total wait
time for appointments described in subparagraph (C),
including an initial and follow-up appointment, if
applicable, is more than 30 days.
(3) Contracting policies.--Each report shall, with respect
to the matter specified in paragraph (1)(B) for the one-year
period preceding the submittal of such report, include the
following:
(A) The number of veterans that the Secretary
refers to non-Department audiologists for hearing
health care appointments.
(B) The number of veterans that the Secretary
refers to non-Department hearing aid specialists for
follow-up appointments for a hearing aid evaluation,
the dispensing of hearing aids, or any other purpose
relating to hearing health.
Union Calendar No. 548
114th CONGRESS
2d Session
H. R. 3471
[Report No. 114-709]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the provision of automobiles and adaptive equipment by the Department
of Veterans Affairs.
_______________________________________________________________________
September 6, 2016
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed