[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3642 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3642

   To direct the Secretary of Veterans Affairs to carry out a pilot 
 program to improve the access to private health care for veterans who 
                are survivors of military sexual trauma.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2017

   Mr. Barr introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Veterans Affairs to carry out a pilot 
 program to improve the access to private health care for veterans who 
                are survivors of military sexual trauma.

    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 ``Military Sexual Assault Victims 
Empowerment Act'' or the ``Military SAVE Act''.

SEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS WHO ARE 
              SURVIVORS OF MILITARY SEXUAL TRAUMA.

    (a) Establishment.--The Secretary of Veterans Affairs, acting 
through the Office of Community Care of the Department of Veterans 
Affairs, shall carry out a pilot program to furnish hospital care and 
medical services to eligible veterans at non-Department health care 
providers to treat physical and psychological injuries or illnesses 
which in the judgment of a mental health professional employed by the 
Department resulted from a physical assault of a sexual nature, battery 
of a sexual nature, or sexual harassment which occurred while the 
veteran was serving on active duty, active duty for training, or 
inactive duty training.
    (b) Duration.--The Secretary shall carry out the pilot program 
under subsection (a) for a three-year period. If at the completion of 
the pilot program an eligible veteran is receiving hospital care and 
medical services from a non-Department health care provider under the 
pilot program, the Secretary may approve, on a case by case basis, the 
continuation of such hospital care and medical services from that non-
Department health care provider until the completion of the episode of 
care.
    (c) Eligible Veterans.--A veteran is eligible to participate in the 
pilot program under subsection (a) if the veteran--
            (1) is eligible to participate in the program under section 
        1720D of title 38, United States Code; and
            (2) resides in a location selected under subsection (d).
    (d) Locations.--
            (1) Selection.--The Secretary shall select not more than 
        five locations in which to carry out the pilot program under 
        subsection (a). Each location shall meet each of the following 
        criteria:
                    (A) The location is within 100 miles of a major 
                military installation, as determined by the Secretary, 
                in the same State as the location.
                    (B) Except as provided by paragraph (2), the 
                location consists of a city with a population between 
                200,000 and 500,000, as determined by the Bureau of the 
                Census.
                    (C) The location is in a State in which the 
                National Violence Against Women Prevention Research 
                Center or the Centers for Disease Control and 
                Prevention, or both, has determined the rate of sexual 
                assault to be a substantial problem.
                    (D) The location is in a State that has a weighted 
                percentage of reported rape of not less than 20 percent 
                but not more than 25 percent of sexual assault cases, 
                in accordance with the finding of the Centers for 
                Disease Control and Prevention contained in the 
                ```Lifetime Prevalence of Sexual Violence by any 
                Perpetrator'' (NISVS 2010).
            (2) Rural location.--Not fewer than one location selected 
        under paragraph (1) shall be rural, as determined by the 
        Secretary.
    (e) Participation.--
            (1) Election.--An eligible veteran may elect to participate 
        in the pilot program under subsection (a). Such an election 
        shall include an affidavit attesting that the veteran is 
        eligible to participate in the program under section 1720D of 
        title 38, United States Code. Such election shall not affect 
        the ability of the veteran to receive health care furnished by 
        Department providers with respect to illnesses or injuries that 
        are not described in subsection (a).
            (2) Choice of non-department health care providers.--The 
        Secretary may not restrict the ability of an eligible veteran 
        who participates in the pilot program under subsection (a) to 
        choose from which non-Department health care provider the 
        veteran receives hospital care or medical treatment under the 
        pilot program.
            (3) Provision of information.--The Secretary shall--
                    (A) notify each eligible veteran of the ability of 
                the veteran to make an election under paragraph (1), 
                and that such election is made without prejudice; and
                    (B) provide to such veterans educational referral 
                materials, including through pamphlets and internet 
                websites, on the non-Department providers in the 
                locations selected under subsection (d).
    (f) Payments.--
            (1) Current providers.--If a non-Department health care 
        provider is entered into a contract or other agreement with the 
        Secretary pursuant to another provision of law to furnish 
        hospital care or medical treatment to veterans, the Secretary 
        shall pay the health care provider for hospital care or medical 
        treatment furnished under this section using the same rates and 
        payment schedules as provided for in such contract or 
        agreement.
            (2) New providers.--If a non-Department health care 
        provider is not entered into an agreement with the Secretary 
        pursuant to another provision of law to furnish hospital care 
        or medical treatment to veterans, the Secretary shall pay the 
        health care provider for hospital care or medical treatment 
        furnished under this section using the same rates and payment 
        schedule as if such care and treatment was furnished pursuant 
        to section 1703 of title 38, United States Code.
    (g) Collection of Data.--
            (1) Surveys.--The Secretary shall survey each eligible 
        veteran, regardless of whether the veteran elects to 
        participate in the pilot program under subsection (a), to 
        assess the hospital care and medical treatment furnished to the 
        veteran either pursuant to this section or section 1720D of 
        title 38, United States Code, as the case may be.
            (2) Matters included.--With respect to the hospital care or 
        medical treatment covered by this section or section 1720D of 
        title 38, United States Code, the surveys under paragraph (1) 
        shall ascertain the following information:
                    (A) The number of eligible veterans who elect to 
                participate in the pilot program under subsection (a) 
                as compared to the number of eligible veterans who do 
                not make such election.
                    (B) The length of time since an eligible veteran 
                has been discharged or released from military service.
                    (C) The number of health care providers that the 
                eligible veteran visited.
                    (D) The gender of each health care provider 
                visited.
                    (E) The specific degree or licensure of each health 
                care provider visited.
                    (F) Whether the eligible veteran visited the same 
                health care provider from the beginning of treatment to 
                the completion of treatment, and if not, the reasons 
                why not.
                    (G) The length of time from the date the eligible 
                veteran sought an appointment with a health care 
                provider until the date on which the appointment 
                occurred.
                    (H) The length of time that the eligible veteran 
                has to wait for an appointment with health care 
                providers.
                    (I) The distance that the eligible veteran has to 
                travel for an appointment with health care providers.
                    (J) The frequency of follow-up appointments made by 
                the eligible veteran.
                    (K) The duration of treatment furnished by health 
                care providers.
                    (L) Whether the eligible veteran has trouble 
                falling asleep, and if so, the reasons why.
                    (M) The types of any medication taken by the 
                eligible veteran and the reasons for such use.
                    (N) Whether the eligible veteran had an emergency 
                situation that required mental health treatment before 
                a scheduled appointment, and if so--
                            (i) the mental health services that were 
                        offered and from whom; and
                            (ii) whether the eligible veteran accepted 
                        such services, and if not, why not.
            (3) Timing.--The Secretary shall conduct surveys of 
        eligible veterans under paragraph (1) at the following periods:
                    (A) Upon the election made by a veteran to 
                participate in the pilot program under subsection (a), 
                or as soon as practicable after the Secretary 
                determines the veteran will not make such an election.
                    (B) During each six-month period in which the pilot 
                program under subsection (a) is being carried out.
                    (C) Upon the completion of the pilot program under 
                subsection (a).
            (4) Questionnaires.--The Secretary shall ensure that each 
        eligible veteran participating in the pilot program under 
        subsection (a) completes the following:
                    (A) PTSD Checklist for DSM-5 (PCL-5).
                    (B) Patient Health Questionnaire-9 (PHQ-9).
                    (C) The World Health Organization Quality of Life 
                (WHOQOL)-BREF.
                    (D) Columbia-Suicide Severity Rating Scale.
            (5) Research.--The Secretary shall assign a researcher of 
        the Department of Veterans Affairs to the element of the 
        Department administering the pilot program under subsection (a) 
        to ensure the quality and integrity of the collection and 
        analysis of the data collected under this subsection.
    (h) Report.--Not later than 60 days before the completion of the 
pilot program under subsection (a), the Secretary shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a report on the pilot program. The report shall include the 
following:
            (1) The results of the pilot program, including whether 
        eligible veterans who participated in the pilot program, as 
        compared to eligible veterans who did not so participate--
                    (A) are sleeping better;
                    (B) experience fewer or more episodes of post-
                traumatic stress disorder or anxiety;
                    (C) take fewer or more medications relating to 
                illnesses or injuries described in subsection (a);
                    (D) selected non-Department health care providers 
                based on the gender of the provider;
                    (E) have a lower rate of suicidal thoughts;
                    (F) have a lower rate of suicide; and
                    (G) believe that the eligible veterans are 
                receiving the care that best fits the specific needs of 
                the veterans.
            (2) Information with respect to the health care results of 
        eligible veterans who did not participate in the pilot program.
            (3) The recommendation of the Secretary with respect to 
        extending or making permanent the pilot program.
    (i) Definitions.--In this section:
            (1) The term ``non-Department health care provider'' means 
        an entity specified in section 101(a)(1)(B) of section 101 of 
        the Veterans Access, Choice, and Accountability Act of 2015 
        (Public Law 113-146; 38 U.S.C. 1701) or any other health care 
        provider that has entered into a contract or other agreement 
        with the Secretary pursuant to another provision of law to 
        furnish hospital care or medical treatment to veterans.
            (2) The term ``sexual harassment'' has the meaning given 
        that term in section 1720D of title 38, United States Code.
            (3) The term ``State'' has the meaning given that term in 
        section 101(20) of title 38, United States Code.
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