[Congressional Record Volume 154, Number 61 (Thursday, April 17, 2008)]
[Senate]
[Pages S3160-S3161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (by request):
  S. 2889. A bill to amend title 38, United States Code, to improve 
veterans' health care benefits, and for other purposes; to the 
Committee on Veterans' Affairs.

  Mr. AKAKA. Mr. President, today I introduce legislation requested by 
the Secretary of Veterans Affairs, as a courtesy to the Secretary and 
the Department of Veterans Affairs. Except in unusual circumstances, it 
is my practice to introduce legislation requested by the Administration 
so that such measures will be available for review and consideration.
  This ``by-request'' bill would address a range of issues. On the 
health care side, it would allow VA to contract with community 
residential care programs for veterans with serious traumatic brain 
injury. It would also eliminate copayments for all hospice care. 
Further, it would expand continuing education benefits for physicians 
and dentists. Finally, it would allow the Secretary to disclose the 
names and addresses of certain VA patients without prior written 
consent to collect payment from third-party health plans.
  On the benefits side, this legislation would permanently authorize VA 
to use data provided by the IRS and the Social Security Administration 
to verify the incomes of recipients of needs-based benefits from VA. VA 
uses this data to ensure that it does not disburse benefits and 
payments to individuals who do not legally qualify to receive them.
  This legislation would also provide a cost-of-living increase for VA 
disability compensation for service-connected veterans and dependency 
and indemnity compensation for survivors.
  I am introducing this bill for the review and consideration of my 
colleagues at the request of the Administration. As chairman of the 
Committee on Veterans' Affairs, I have not taken a position on this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2889

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

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Health Care Act of 2008''.

[[Page S3161]]

       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment or repeal to a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of title 38, United States Code.

     SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR 
                   CERTAIN VETERANS.

       Section 1720 is amended by adding at the end the following 
     new subsection:
       ``(g) The Secretary may contract with appropriate entities 
     to provide specialized residential care and rehabilitation 
     services to a veteran of Operation Enduring Freedom or 
     Operation Iraqi Freedom who the Secretary determines suffers 
     from a traumatic brain injury, has an accumulation of 
     deficits in activities of daily living and instrumental 
     activities of daily living, and who, because of these 
     deficits, would otherwise require admission to a nursing home 
     even though such care would generally exceed the veteran's 
     nursing needs.

     SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.

       Section 7411 is amended to read:
       ``The Secretary shall provide full-time board-certified 
     physicians and dentists appointed under section 7401(1) of 
     this title the opportunity to continue their professional 
     education through VA sponsored continuing education programs. 
     The Secretary may reimburse the physician or dentist up to 
     $1,000 per year for continuing professional education not 
     available through VA sources.''.

     SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.

       (a) Section 1710(f)(1) is amended by adding ``(except if 
     such care constitutes hospice care)'' after ``nursing home 
     care'';
       (b) Section 1710(g)(1) is amended by adding ``(except if 
     such care constitutes hospice care)'' after ``medical 
     services''.

     SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.

       Section 124 of the Veterans' Benefits and Services Act of 
     1988 (title I of Public Law 100-322, as amended; 38 U.S.C. 
     7333 note) is repealed.

     SEC. 6. DISCLOSURE OF MEDICAL RECORDS.

       (a) Limited Exception to Confidentiality of Medical 
     Records.--Section 5701 is amended by adding at the end of the 
     following new subsection:
       ``(1) Under regulations that the Secretary shall prescribe, 
     the Secretary may disclose the name or address, or both, of 
     any individual who is a present or former member of the Armed 
     Forces, or who is a dependent of a present or former member 
     of the Armed Forces, to a third party, as defined in section 
     1729(i)(3)(D) of this title, in order to enable the Secretary 
     to collect reasonable charges under section 1729(a)(2)(E) of 
     this title for care or services provided for a non-service-
     connected disability.''
       (b) Disclosures From Certain Medical Records.--Section 
     7332(b)(2) is amended by adding at the end the following new 
     subparagraph: ``(F) To a third party, as defined in section 
     1729(i)(3)(D) of this title, to collect reasonable charges 
     under section 1729(a)(2)(E) of this title for care or 
     services provided for a non-service-connected disability.''

     SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.

       Section 5317 is amended by striking subsection (g).

     SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND 
                   DEPENDENCY AND INDEMNITY COMPENSATION.

       (a) Rate Adjustment.--The Secretary of Veterans Affairs 
     shall, effective on December 1, 2008, increase the dollar 
     amounts in effect for the payment of disability compensation 
     and dependency and indemnity compensation by the Secretary, 
     as specified in subsection (b).
       (b) Amounts To Be Increased.--The dollar amounts to be 
     increased pursuant to subsection (a) are the following:
       (1) Compensation.--Each of the dollar amounts in effect 
     under section 1114 of title 38, United States Code;
       (2) Additional Compensation for Dependents.--Each of the 
     dollar amounts in effect under section 1115(1) of such title;
       (3) Clothing Allowance.--The dollar amount in effect under 
     section 1162 of such title;
       (4) New DIC Rates.--Each of the dollar amounts in effect 
     under paragraphs (1) and (2) of section 1311(a) of such 
     title;
       (5) Old DIC Rates.--Each of the dollar amounts in effect 
     under section 1311(a)(3) of such title;
       (6) Additional DIC for Surviving Spouses With Minor 
     Children.--The dollar amount in effect under section 1311(b) 
     of such title;
       (7) Additional DIC for Disability.--Each of the dollar 
     amounts in effect under subsections (c) and (d) of section 
     1311 of such title;
       (8) DIC for Dependent Children.--Each of the dollar amounts 
     in effect under sections 1313(a) and 1314 of such title.
       (c) Determination of Increase.--
       (1) The increase under subsection (a) shall be made in the 
     dollar amounts specified in subsection (b) as in effect on 
     November 30, 2008.
       (2) Except as provided in paragraph (3), each such amount 
     shall be increased by the same percentage as the percentage 
     by which benefit amounts payable under title II of the Social 
     Security Act (42 U.S.C. 401 et seq.) are increased effective 
     December 1, 2008, as a result of a determination under 
     section 215(i) of such Act (42 U.S.C. 415(i)).
       (3) Each dollar amount increased pursuant to paragraph (2) 
     shall, if not a whole dollar amount, be rounded down to the 
     next lower whole dollar amount.
       (d) Special Rule.--The Secretary may adjust 
     administratively. consistent with the increases made under 
     subsection (a), the rates of disability compensation payable 
     to persons within the purview of section 10 of Public Law No. 
     85-857 (72 Stat. 1263) who are not in receipt of compensation 
     payable pursuant to chapter 11 of title 38, United States 
     Code.
       (e) Publication of Adjusted Rates.--At the same time as the 
     matters specified in section 215(i)(2)(D) of the Social 
     Security Act (42 U.S.C. 415(i)(2)(D)) are required to be 
     published by reason of a determination made under section 
     215(i) of such Act during fiscal year 2009, the Secretary of 
     Veterans Affairs shall publish in the Federal Register the 
     amounts specified in subsection (b), as increased pursuant to 
     subsection (a).

                            The Secretary of Veterans Affairs,

                                       Washington, March 18, 2008.
     Hon. Richard B. Cheney,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: We are transmitting a draft bill, ``To 
     amend title 38, United States Code, to improve veterans' 
     health care benefits and for other purposes,'' We request 
     that the bill be referred to the appropriate committee for 
     prompt consideration and enactment. Enclosed with the bill is 
     a sectional analysis that describes each provision, provides 
     a rationale for the provision, and provides estimates of the 
     costs, savings and revenues that would result from enactment. 
     Our draft bill includes proposals contained in the 
     President's FY 09 budget request, to include a cost-of living 
     increase in rates of disability compensation and dependency 
     and indemnity compensation. Two of the proposals are 
     discussed in further detail below.
       This Administration advocates focusing greater attention on 
     the long-term residential rehabilitation needs of veterans 
     with traumatic brain injuries who do not require nursing home 
     care but are unable to live independently in their homes. In 
     furtherance of that policy, our bill would authorize the 
     Secretary, in carrying out the Department of Veterans Affairs 
     (VA) community residential care program, to contract for 
     specialized residential care and rehabilitation services for 
     veterans of Operation Enduring Freedom and/or Operation Iraqi 
     Freedom (OEF/OIF) who: (1) suffer from traumatic brain 
     injury, (2) have an accumulation of deficits in activities of 
     daily living and instrumental activities of daily living that 
     affects their ability to care for themselves, and (3) would 
     otherwise receive their care and rehabilitation in a nursing 
     home, which exceeds their nursing needs. This authority would 
     provide the Department with a far more appropriate treatment 
     setting for the provision of long-term rehabilitation 
     services. VA estimates the discretionary cost of this 
     proposal to be $1,427,000 in fiscal year 2009 and $79,156,000 
     over a 10-year period.
       In 2004, Congress amended the law to eliminate copayment 
     requirements for hospice care furnished in a VA nursing home. 
     The bill contains a provision to exempt all hospice care from 
     copayments by amending 38 U.S.C. Sec. 1710 to eliminate co-
     payment requirements for veterans receiving VA hospice care 
     either in a VA hospital or at home on an outpatient basis. 
     The provision would provide equitable treatment for all 
     veterans receiving such care and would also align VA with the 
     Medicare program, which does not impose co-payments for 
     hospice care (regardless of setting). There are no costs 
     associated with enactment of this proposal. Projected 
     discretionary revenue loss is estimated to be $149,000 in 
     fiscal year 2009 and $1,400,000 over 10 years.
       The Office of Management and Budget advises that the 
     transmission of this legislative package is in accord with 
     the President's program.
           Sincerely yours,
                                              James B. Peake, M.D.
                                 ______