[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3339-S3340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4338. Mr. McCAIN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

[[Page S3340]]

  


     SEC. 1097. EXTENSION AND EXPANSION OF VETERANS CHOICE PROGRAM 
                   AND ESTABLISHMENT OF CONSISTENT CRITERIA AND 
                   STANDARDS RELATING TO PROVISION OF NON-
                   DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.

       (a) Extension.--The Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 
     1701 note) is amended--
       (1) in section 101(p)(2), by striking ``3 years'' and 
     inserting ``6 years''; and
       (2) in section 802(d)(1), by striking ``$10,000,000,000'' 
     and inserting ``$17,500,000,000''.
       (b) Expansion of Eligibility.--
       (1) In general.--Subsection (b)(2) of section 101 of such 
     Act is amended--
       (A) in subparagraph (C)(ii), by striking ``; or'' and 
     inserting a semicolon;
       (B) in subparagraph (D)(ii)(II)(dd), by striking the period 
     at the end and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) has received health services under the pilot program 
     under section 403 of the Veterans' Mental Health and Other 
     Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 
     1703 note) and resides in a location described in section 
     (b)(2) of such section.''.
       (2) Conforming amendments.--
       (A) Information on availability of care.--Subsection (g)(3) 
     of such section is amended by striking ``or (D)'' and 
     inserting ``(D), or (E)''.
       (B) Report.--Subsection (q)(2)(A) of such section is 
     amended--
       (i) in clause (iii), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(v) eligible veterans described in subsection 
     (b)(2)(E).''.
       (c) Establishment of Criteria for Provision of Services 
     Through Non-Department Health Care Providers.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of Veterans Affairs shall establish consistent 
     criteria and standards--
       (A) for purposes of determining eligibility of non-
     Department of Veterans Affairs health care providers to 
     provide health care under the laws administered by the 
     Secretary, including standards relating to education, 
     certification, licensure, training, and employment history; 
     and
       (B) for the reimbursement of such health care providers for 
     care or services provided under the laws administered by the 
     Secretary, which to the extent practicable shall--
       (i) except as provided in clauses (ii) and (iii), use rates 
     for reimbursement that are not more than the rates paid by 
     the United States to a provider of services (as defined in 
     section 1861(u) of the Social Security Act (42 U.S.C. 
     1395x(u))) under the Medicare program under title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.) for the same 
     care or services;
       (ii) with respect to care or services provided in Alaska, 
     use rates for reimbursement set forth in the Alaska Fee 
     Schedule of the Department of Veterans Affairs, except for 
     when another payment agreement, including a contract or 
     provider agreement, is in place, in which case use rates for 
     reimbursement set forth under such payment agreement;
       (iii) with respect to care or services provided in a State 
     with an All-Payer Model Agreement in effect under the Social 
     Security Act (42 U.S.C. 301 et seq.), use rates for 
     reimbursement based on the payment rates under such 
     agreement;
       (iv) incorporate the use of value-based reimbursement 
     models to promote the provision of high-quality care to 
     improve health outcomes and the experience of care for 
     veterans; and
       (v) be consistent with prompt payment standards required of 
     Federal agencies under chapter 39 of title 31, United States 
     Code.
       (2) Exception.--The criteria and standards required to be 
     established under paragraph (1) shall not apply to hospital 
     care and medical services furnished under section 101 of the 
     Veterans Access, Choice, and Accountability Act of 2014 
     (Public Law 113-146; 38 U.S.C. 1701 note).
       (d) Quarterly Report.--Not less frequently than quarterly 
     until all amounts deposited in the Veterans Choice Fund under 
     section 802 of the Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 
     1701 note) are exhausted, the Secretary shall submit to the 
     Committee on Appropriations and the Committee on Veterans' 
     Affairs of the Senate and the Committee on Appropriations and 
     the Committee on Veterans' Affairs of the House of 
     Representatives an update on the expenditures made from such 
     Fund to carry out section 101 of such Act during the quarter 
     covered by the report.
       (e) Emergency Designations.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, the amendments 
     made by subsections (a) and (b) are designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
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