[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3978

To amend title 38, United States Code, to establish an Ombudsman within 
   the Veterans Health Administration of the Department of Veterans 
                                Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2015

 Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. McKinley, 
    Mr. Ben Ray Lujan of New Mexico, and Mr. Pearce) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to establish an Ombudsman within 
   the Veterans Health Administration of 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 ``Ensuring Fair Access to Veterans 
Healthcare Act''.

SEC. 2. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN.

    (a) Establishment.--Subchapter I of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of the Ombudsman
    ``(a) Establishment.--There is established in the Veterans Health 
Administration an Office of the Ombudsman (in this section referred to 
as the `Office'). The Office shall be headed by an Ombudsman appointed 
by the Secretary. The Ombudsman shall report directly to and be under 
the general supervision of the Secretary, but shall not report to, or 
be subject to supervision by, any other officer of the Department of 
Veterans Affairs. Neither the Secretary nor any other such officer may 
prevent or prohibit the Ombudsman from carrying out the duties of the 
Ombudsman.
    ``(b) Duties of Office.--The Office shall carry out the following 
duties:
            ``(1) Identify, investigate, and resolve complaints that--
                    ``(A) are made by, or on behalf of, covered 
                patients; and
                    ``(B) relate to action, inaction, or decisions made 
                by employees of the Department that may adversely 
                affect the health, safety, welfare, or rights of 
                covered patients.
            ``(2) Assist covered patients in finding patient advocates, 
        veterans service organizations, or other similar entities to 
        represent and advocate for the health, safety, welfare, and 
        rights of the covered patient.
            ``(3) Inform covered patients of the means of obtaining 
        assistance described in paragraph (2).
            ``(4) Ensure that covered patients have regular and timely 
        access to the services provided by the Office, including with 
        respect to receiving timely responses to complaints.
            ``(5) Analyze, monitor, and provide comments and 
        suggestions to the Secretary with respect to the development 
        and implementation of actions made by the Secretary relating to 
        the health, safety, welfare, and rights of covered patients.
            ``(6) Administer the reporting system described in 
        subsection (d).
            ``(7) Provide training to local ombudsmen and volunteers 
        described in subsection (c).
            ``(8) Other activities that the Secretary considers 
        appropriate.
    ``(c) Local Ombudsmen.--(1) Using amounts otherwise authorized to 
be appropriated for the medical facilities of the Department, each 
medical facility shall have a local ombudsman responsible for carrying 
out the duties of the Office at such location.
    ``(2) A local ombudsman shall--
            ``(A) carry out the assistance described in paragraph (2) 
        of subsection (b) to ensure the protection of the health, 
        safety, welfare, or rights of covered patients;
            ``(B) ensure that covered patients have regular, timely 
        access to the Office, including with respect to receiving 
        timely responses to complaints described in paragraph (1) of 
        such subsection;
            ``(C) identify, investigate, and determine how to resolve 
        such complaints; and
            ``(D) train local volunteers from civic organizations to 
        assist the local ombudsman by working directly with covered 
        patients to develop individual action plans relating to the 
        health, safety, welfare, and rights of the covered patient.
    ``(d) Reporting System.--The Ombudsman shall establish and 
administer a uniform reporting system to collect and analyze data 
relating to complaints described in subsection (b)(1) in order to 
identify to the Secretary and determine how to resolve significant 
problems in the medical facilities of the Department.
    ``(e) Cooperation.--The Secretary shall ensure that each medical 
facility of the Department cooperates with the Office in carrying out 
this section.
    ``(f) Annual Report.--The Ombudsman shall submit to the Secretary 
and Congress an annual report that contains the following with respect 
to the year covered by the report:
            ``(1) A description of the activities carried out by the 
        Office.
            ``(2) An analysis of the data described in subsection (d).
            ``(3) An evaluation of the problems experienced by, and the 
        complaints made by or on behalf of, covered patients.
            ``(4) Recommendations for--
                    ``(A) improving the quality of care and life of 
                covered patients; and
                    ``(B) protecting the health, safety, welfare, and 
                rights of covered patients.
            ``(5) An analysis of the success of the Office, including--
                    ``(A) a description of the services provided to 
                covered patients as described in subsection (b)(2); and
                    ``(B) an identification of barriers to the Office 
                for better carrying out the duties of the Office.
            ``(6) Any comments and suggestions described in subsection 
        (b)(5).
            ``(7) Any other information the Ombudsman considers 
        appropriate.
    ``(g) Covered Patient Described.--In this section, the term 
`covered patient' means an individual who is receiving medical care or 
hospital services at a medical facility of the Department.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7309 the following new item:

``7310. Office of the Ombudsman.''.
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