[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5277-H5279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS MOBILITY SAFETY ACT OF 2016
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3471) to amend title 38, United States Code, to
make certain improvements in the provision of automobiles and adaptive
equipment by the Department of Veterans Affairs, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3471
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 ``Veterans Mobility Safety Act
of 2016''.
SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE
EQUIPMENT.
Section 3903(b) of title 38, United States Code, is
amended--
(1) by striking ``Except'' and inserting ``(1) Except'';
and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that to the extent
practicable an eligible person who is provided an automobile
or other conveyance under this chapter is given the
opportunity to make personal selections relating to such
automobile or other conveyance.''.
SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE
EQUIPMENT PROGRAM.
(a) Comprehensive Policy.--The Secretary of Veterans
Affairs shall develop a comprehensive policy regarding
quality standards for providers who provide modification
services to veterans under the automobile adaptive equipment
program.
(b) Scope.--The policy developed under subsection (a) shall
cover each of the following:
(1) The Department of Veterans Affairs-wide management of
the automobile adaptive equipment program.
(2) The development of standards for safety and quality of
equipment and installation of equipment through the
automobile adaptive equipment program, including with respect
to the defined differentiations in levels of modification
complexity.
(3) The consistent application of standards for safety and
quality of both equipment and installation throughout the
Department.
(4) The certification of a provider by a third party
organization or manufacturer if the Secretary designates the
quality standards of such organization or manufacturer as
meeting or exceeding the standards developed under this
section.
(5) The education and training of personnel of the
Department who administer the automobile adaptive equipment
program.
(6) The compliance of the provider with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when
furnishing automobile adaptive equipment at the facility of
the provider.
(7) The allowance, where technically appropriate, for
veterans to receive modifications at their residence or
location of choice.
(c) Updates.--Not later than one year after the date of the
enactment of this Act, the Secretary shall update Veterans
Health Administration Handbook 1173.4, or any successor
handbook or directive, in accordance with the policy
developed under subsection (a). Not less frequently than once
every six years thereafter, the Secretary shall update such
handbook, or any successor handbook or directive.
(d) Consultation.--The Secretary shall develop the policy
under subsection (a), and revise such policy under subsection
(c), in consultation with veterans service organizations, the
National Highway Transportation Administration, industry
representatives, manufacturers of automobile adaptive
equipment, and other entities with expertise in installing,
repairing, replacing, or manufacturing mobility equipment
[[Page H5278]]
or developing mobility accreditation standards for automobile
adaptive equipment.
(e) Conflicts.--In developing and implementing the policy
under subsection (a), the Secretary shall--
(1) minimize the possibility of conflicts of interest, to
the extent practicable; and
(2) establish procedures that ensure against the use of a
certifying entity referred to in subsection (b)(4) that has a
financial conflict of interest regarding the certification of
an eligible provider.
(f) Biennial Report.--
(1) In general.--Not later than one year after the date on
which the Secretary updates Veterans Health Administration
Handbook 1173.4, or any successor handbook or directive,
under subsection (c), and biennially thereafter through 2022,
the Secretary shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a
report on the implementation and facility compliance with the
policy developed under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the implementation plan for the policy
developed under subsection (a) and any revisions to such
policy under subsection (c).
(B) A description of the performance measures used to
determine the effectiveness of such policy in ensuring the
safety of veterans enrolled in the automobile adaptive
equipment program.
(C) An assessment of safety issues due to improper
installations based on a survey of recipients of adaptive
equipment from the Department.
(D) An assessment of the adequacy of the adaptive equipment
services of the Department based on a survey of recipients of
adaptive equipment from the Department.
(E) An assessment of the training provided to the personnel
of the Department with respect to administering the program.
(F) An assessment of the certified providers of the
Department of adaptive equipment with respect to meeting the
minimum standards developed under subsection (b)(2).
(g) Definitions.--In this section:
(1) The term ``automobile adaptive equipment program''
means the program administered by the Secretary of Veterans
Affairs pursuant to chapter 39 of title 38, United States
Code.
(2) The term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN
VETERANS HEALTH ADMINISTRATION.
(a) Licensed Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United
States Code, is amended by inserting ``licensed hearing aid
specialists,'' after ``Audiologists,''.
(2) Qualifications.--Section 7402(b)(14) of such title is
amended by inserting ``, hearing aid specialist'' after
``dental technologist''.
(b) Requirements.--With respect to appointing hearing aid
specialists under sections 7401 and 7402 of title 38, United
States Code, as amended by subsection (a), and providing
services furnished by such specialists, the Secretary shall
ensure that--
(1) a hearing aid specialist may only perform hearing
services consistent with the hearing aid specialist's State
license related to the practice of fitting and dispensing
hearing aids without excluding other qualified professionals,
including audiologists, from rendering services in
overlapping practice areas;
(2) services provided to veterans by hearing aid
specialists shall be provided as part of the non-medical
treatment plan developed by an audiologist; and
(3) the medical facilities of the Department of Veterans
Affairs provide to veterans access to the full range of
professional services provided by an audiologist.
(c) Consultation.--In determining the qualifications
required for hearing aid specialists and in carrying out
subsection (b), the Secretary shall consult with veterans
service organizations, audiologists, otolaryngologists,
hearing aid specialists, and other stakeholder and industry
groups as the Secretary determines appropriate.
(d) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter during the
five-year period beginning on the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the following:
(A) Timely access of veterans to hearing health services
through the Department of Veterans Affairs.
(B) Contracting policies of the Department with respect to
providing hearing health services to veterans in facilities
that are not facilities of the Department.
(2) Timely access to services.--Each report shall, with
respect to the matter specified in paragraph (1)(A) for the
one-year period preceding the submittal of such report,
include the following:
(A) The staffing levels of audiologists, hearing aid
specialists, and health technicians in audiology in the
Veterans Health Administration.
(B) A description of the metrics used by the Secretary in
measuring performance with respect to appointments and care
relating to hearing health.
(C) The average time that a veteran waits to receive an
appointment, beginning on the date on which the veteran makes
the request, for the following:
(i) A disability rating evaluation for a hearing-related
disability.
(ii) A hearing aid evaluation.
(iii) Dispensing of hearing aids.
(iv) Any follow-up hearing health appointment.
(D) The percentage of veterans whose total wait time for
appointments described in subparagraph (C), including an
initial and follow-up appointment, if applicable, is more
than 30 days.
(3) Contracting policies.--Each report shall, with respect
to the matter specified in paragraph (1)(B) for the one-year
period preceding the submittal of such report, include the
following:
(A) The number of veterans that the Secretary refers to
non-Department audiologists for hearing health care
appointments.
(B) The number of veterans that the Secretary refers to
non-Department hearing aid specialists for follow-up
appointments for a hearing aid evaluation, the dispensing of
hearing aids, or any other purpose relating to hearing
health.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from California (Mr. Takano)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and add extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 3471, as amended, the
Veterans Mobility Safety Act of 2016.
This bill is sponsored by my friend and committee member,
Congresswoman Jackie Walorski from Indiana, and includes a provision
from H.R. 353, the Veterans' Access to Hearing Health Act of 2015,
which is sponsored by Congressman Sean Duffy from Wisconsin. I am very
grateful to both of them for their efforts.
H.R. 3471, as amended, would direct the Department of Veterans
Affairs to develop a comprehensive policy regarding quality standards
for providers who dispense modification services to veterans under the
Automobile Adaptive Equipment program.
VA's current handbook governing the Automobile Adaptive Equipment
program has not been updated since it was released in 2000, despite
being scheduled for recertification in 2005. Allowing the handbook for
this important program to get so outdated is troublesome to me, given
that improperly installed automobile adaptive equipment carries risks
for our disabled veterans and for all those sharing America's roads.
The bill would also authorize VA to hire and prescribe qualified
qualifications for hiring hearing aid specialists. One of my highest
priorities as chairman has been ensuring that our Nation's veterans
receive timely access to quality care.
That is why I was so frustrated by an audit issued by the VA
inspector general in 2014 which found that VA took 17 to 24 days to
complete hearing aid repair services and that, nationally, 30 percent
of veterans waited more than 30 days from the estimated date that the
VA medical facility had received the hearing aid from a vendor to the
date the medical facility actually issued the hearing aid to the
veteran themselves.
Too many veterans relying on hearing aids cannot wait for weeks or
months for VA to make repairs, and I am hopeful that, by authorizing VA
to hire hearing aid specialists to assist with basic hearing aid
repairs, they will no longer have to wait.
Mr. Speaker, I urge all of my colleagues to join me in supporting
this legislation.
I reserve the balance of my time.
{time} 1615
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of this legislation brought
forward by my colleague, Representative Walorski.
This bill directs VA to ensure that an eligible disabled veteran who
has been provided with an automobile is given the opportunity to make
personal selections relating to the automobile. The provider of any
adaptive equipment modification services must be certified by a
certification organization or the manufacturer of the adaptive
equipment.
In addition, the provider of the automobile or adaptive equipment or
the
[[Page H5279]]
provider of the modification services must adhere to specific
requirements under the Americans with Disabilities Act of 1990 and the
National Highway Traffic Safety Administration Federal Motor Vehicle
Safety Standards.
Mr. Speaker, I think these are important protections for those
veterans who need to personalize the vehicles they drive.
Mr. Speaker, I urge support for this legislation.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, at this time, I yield such time
as she may consume to the gentlewoman from Indiana (Mrs. Walorski). She
represents the Second Congressional District of Indiana, ``Gin Town.''
Mrs. WALORSKI. Mr. Speaker, I rise today to urge my colleagues to
support the Veterans Mobility Safety Act. This legislation will improve
veterans' care and ensure the quality of the automobile adaptive
equipment and hearing aids disabled veterans depend on.
Automotive mobility plays a vital role in helping our disabled
veterans live a normal life after being wounded on the battlefield. The
VA's Automobile Adaptive Equipment, or AAE, program provides eligible
disabled veterans with an automobile or modification, such as
wheelchair lifts and reduced-effort steering and braking, to existing
vehicles to improve their quality of life.
Under the current AAE program, local VA facilities operate based upon
their own interpretations of VA procedures that haven't been updated
since 2000. It lacks quality standards for providers as well. As you
can imagine, this fragmented and outdated system has resulted in cases
of improperly installed equipment that caused serious safety issues for
both the veteran and the driving public.
My legislation requires the VA to develop a comprehensive policy
regarding quality standards for providers that participate in the AAE
program in close consultation with a host of stakeholders, including
veterans service organizations, the National Highway Transportation
Safety Administration, and industry representatives. The result will be
a veteran-centric policy that ensures access to safe, quality
equipment. Lastly, it would require VA to update the AAE program
handbook to reflect the new policy, along with biennial reports on
implementation and compliance.
This legislation also includes Congressman Duffy's bill that would
allow the VA to utilize hearing aid specialists to help fill the need
for certain hearing aid services. This legislation will decrease
audiologists' workload and allow them to focus on special cases and
complex conditions while also decreasing the wait time for a veteran
who just needs a quick tweak to their hearing aid.
I want to thank the chairman for all his work on veterans' issues. I
want to also thank Representatives Brownley and Ruiz for their work on
this legislation. Lastly, I want to thank Paralyzed Veterans of America
for all of their help and all other veterans service organizations for
all of their hard work advocating for veterans.
Mr. Speaker, I urge my colleagues to support this commonsense bill.
Mr. TAKANO. Mr. Speaker, I have no further speakers. I urge my
colleagues to join me in passing H.R. 3471, as amended.
Mr. Speaker, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, once again, I urge my colleagues
to join us in supporting this piece of legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 3471, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________