[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3979 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3979

To amend title 38, United States Code, to make permanent and codify the 
      pilot program for use of contract physicians for disability 
                 examinations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2024

  Mr. Moran (for himself and Mr. King) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to make permanent and codify the 
      pilot program for use of contract physicians for disability 
                 examinations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MAKING PERMANENT AND CODIFYING PILOT PROGRAM FOR USE OF 
              CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS.

    (a) In General.--Subchapter I of chapter 51 of title 38, United 
States Code, is amended by inserting after section 5103A the following 
new section:
``Sec. 5103B. Use of contract physicians for disability examinations
    ``(a) Authority.--
            ``(1) In general.--Examinations with respect to medical 
        disability of applicants for benefits under laws administered 
        by the Secretary that are carried out through the Under 
        Secretary for Benefits may be made by persons other than 
        employees of the Department.
            ``(2) Contracts.--Any examination by a person under 
        paragraph (1) shall be performed pursuant to a contract entered 
        into by the Under Secretary for Benefits with that person.
    ``(b) Licensure of Contract Health Care Professionals.--
            ``(1) In general.--Notwithstanding any provision of law 
        regarding the licensure of health care professionals, a health 
        care professional described in paragraph (2) may conduct an 
        examination pursuant to a contract entered into under 
        subsection (a) at any location in any State so long as the 
        examination is within the scope of the authorized duties under 
        such contract.
            ``(2) Health care professional described.--A health care 
        professional described in this paragraph is a person who is 
        eligible for appointment to a position in the Veterans Health 
        Administration covered by section 7402(b) of this title, who--
                    ``(A) has a current unrestricted license to 
                practice the health care profession of the health care 
                professional;
                    ``(B) is not barred from practicing such health 
                care profession in any State; and
                    ``(C) is performing authorized duties for the 
                Department pursuant to a contract entered into under 
                subsection (a).
    ``(c) Source of Funds.--Expenses of carrying out this section, 
including payments for examination travel and incidental expenses under 
the terms and conditions set forth by section 111 of this title, shall 
be reimbursed to the accounts available for the general operating 
expenses of the Veterans Benefits Administration and information 
technology systems from amounts available to the Secretary for payment 
of compensation and pensions.
    ``(d) Mechanism for Transmittal of New and Material Medical 
Evidence Introduced by Applications During Examinations.--The Secretary 
shall establish a mechanism whereby a health care professional 
providing an examination under subsection (a) for an applicant for a 
benefit described in such subsection can transmit to the Secretary 
medical evidence introduced by the applicant during such examination 
that the health care professional considers new and material to the 
application.''.
    (b) Clerical Amendment.--The table of sections after the beginning 
of chapter 51 of such title is amended by inserting after the item 
relating to section 5103A the following new item:

``5103B. Use of contract physicians for disability examinations.''.
    (c) Termination of Pilot Program.--The pilot program under section 
504(a) of the Veterans' Benefits Improvements Act of 1996 (Public Law 
104-275; 38 U.S.C. 5101 note) is hereby terminated.
    (d) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to the Congress a report on the effect of the use of the 
authority provided by section 5103B of such title, as added by 
subsection (a), on the cost, timeliness, and thoroughness of medical 
disability examinations.
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