[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3642 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 3642


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2018

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
   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 shall carry 
out a pilot program to furnish hospital care and medical services to 
eligible veterans through non-Department health care providers to treat 
injuries or illnesses which, in the judgment of a 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 3-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 receive counseling and appropriate care 
        and services under section 1720D of title 38, United States 
        Code; and
            (2) resides in a site selected under subsection (d).
    (d) Sites.--
            (1) Selection.--The Secretary shall select not more than 
        five sites in which to carry out the pilot program under 
        subsection (a). Each site shall meet each of the following 
        criteria:
                    (A) Except as provided by paragraph (2), the site 
                consists of a city with a population between 200,000 
                and 500,000, as determined by the Bureau of the Census 
                as of the first day of the pilot program.
                    (B) The site 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.
                    (C) The site is in a State that, as of the first 
                day of the pilot program, has a weighted percentage of 
                reported rape of not less than 20 percent but not more 
                than 30 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 site.--Not fewer than one site selected under 
        paragraph (1) shall be rural, as determined by the Secretary.
    (e) Participation.--
            (1) Election.--Subject to paragraph (2), an eligible 
        veteran may elect to participate in the pilot program under 
        subsection (a). Such election shall not affect the ability of 
        the veteran to receive health care furnished by Department 
        providers.
            (2) Number.--Not more than 75 veterans may participate in 
        the pilot program under subsection (a) at each site selected 
        under subsection (d).
            (3) Choice of non-department health care providers.--An 
        eligible veteran who participates in the pilot program under 
        subsection (a) may freely choose from which non-Department 
        health care provider the veteran receives hospital care or 
        medical services under the pilot program, except that the 
        Secretary shall--
                    (A) ensure that each such non-Department health 
                care provider maintains at least the same or similar 
                credentials and licenses as those credentials and 
                licenses that are required of health care providers of 
                the Department, as determined by the Secretary for the 
                purposes of this section; and
                    (B) make a reasonable effort to ensure that such 
                non-Department health care provider is familiar with 
                the conditions and concerns that affect members of the 
                Armed Forces and veterans and is trained in evidence-
                based psychotherapy.
            (4) Provision of information.--The Secretary shall--
                    (A) notify eligible veterans of the ability to make 
                an election under paragraph (1); and
                    (B) provide to such veterans educational referral 
                materials, including through pamphlets and internet 
                websites, on the non-Department providers in the sites 
                selected under subsection (d).
    (f) Authorization and Monitoring of Care.--In accordance with 
subsection (e), the Secretary shall ensure that the Department of 
Veterans Affairs authorizes and monitors the hospital care and medical 
services furnished under the pilot program for appropriateness and 
necessity. In authorizing and monitoring such care, the Secretary 
shall--
            (1) treat a non-Department health care provider that 
        furnishes to such a veteran hospital care or medical services 
        under the pilot program as an authorized recipient of records 
        of such veteran for purposes of section 7332(b) of title 38, 
        United States Code; and
            (2) ensure that such non-Department health care provider 
        transmits to the Department such records as the Secretary 
        determines appropriate.
    (g) Payments.--
            (1) Current providers.--If a non-Department health care 
        provider has entered into a contract, agreement, or other 
        arrangement with the Secretary pursuant to another provision of 
        law to furnish hospital care or medical services to veterans, 
        the Secretary shall pay the health care provider for hospital 
        care or medical services furnished under this section using the 
        same rates and payment schedules as provided for in such 
        contract, agreement, or other arrangement.
            (2) New providers.--If a non-Department health care 
        provider has not entered into a contract, agreement, or other 
        arrangement with the Secretary pursuant to another provision of 
        law to furnish hospital care or medical services to veterans, 
        the Secretary shall pay the health care provider for hospital 
        care or medical services furnished under this section using the 
        same rates and payment schedule as if such care and services 
        was furnished pursuant to section 1703 of title 38, United 
        States Code.
            (3) New contracts and agreements.--The Secretary shall take 
        reasonable efforts to enter into a contract, agreement, or 
        other arrangement with a non-Department health care provider 
        described in subsection (a) to ensure that future care and 
        services authorized by the Secretary and furnished by the 
        provider are subject to such a contract, agreement, or other 
        arrangement.
    (h) Surveys.--The Secretary shall conduct a survey of a sample of 
eligible veterans to assess the hospital care and medical services 
furnished to such veterans either pursuant to this section or section 
1720D of title 38, United States Code, as the case may be.
    (i) 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, to the 
        extent possible, an assessment of the health outcomes of 
        veterans who participated in the pilot program.
            (2) The recommendation of the Secretary with respect to 
        extending or making permanent the pilot program.
    (j) 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, agreement, or other 
        arrangement with the Secretary pursuant to another provision of 
        law to furnish hospital care or medical services 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.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out 
the requirements of this Act. Such requirements shall be carried out 
using amounts otherwise authorized to be appropriated.

            Passed the House of Representatives May 21, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.