[Congressional Record Volume 162, Number 165 (Thursday, November 17, 2016)]
[Senate]
[Pages S6491-S6492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5111. Mr. McCONNELL (for Mr. Moran (for himself and Mr. Tester))
proposed an amendment to 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 follows:
Strike all after the enacting clause and insert the
following:
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) In accordance with subsection (c)(1), the certification
of a provider by a manufacturer if the Secretary designates
the quality standards of such manufacturer as meeting or
exceeding the standards developed under this section.
(5) In accordance with subsection (c)(2), the certification
of a provider by a third party, nonprofit organization if the
Secretary designates the quality standards of such
organization as meeting or exceeding the standards developed
under this section.
(6) The education and training of personnel of the
Department who administer the automobile adaptive equipment
program.
(7) 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.
(8) The allowance, where technically appropriate, for
veterans to receive modifications at their residence or
location of choice, including standards that ensure such
receipt and notification to veterans of the availability of
such receipt.
(c) Certification of Manufacturers and Third Party,
Nonprofit Organizations.--
(1) Certification of manufacturers.--The Secretary shall
approve a manufacturer as a certifying manufacturer for
purposes of subsection (b)(4), if the manufacturer
demonstrates that its certification standards meet or exceed
the quality standards developed under this section.
(2) Certification of third party, nonprofit
organizations.--
(A) In general.--The Secretary may approve two or more
private, nonprofit organizations as third party, nonprofit
certifying organizations for purposes of subsection (b)(5).
(B) Limitation.--If at any time there is only one third
party, nonprofit certifying organization approved by the
Secretary for purposes of subsection (b)(5), such
organization shall not be permitted to provide certifications
under such subsection until such time as the Secretary
approves a second third party, nonprofit certifying
organization for purposes of such subsection.
(d) Updates.--
(1) Initial updates.--Not later than 1 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).
(2) Subsequent updates.--Not less frequently than once
every 6 years thereafter, the Secretary shall update such
handbook, or any successor handbook or directive.
(e) Consultation.--The Secretary shall develop the policy
under subsection (a), and revise such policy under subsection
(d), 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 or
developing mobility accreditation standards for automobile
adaptive equipment.
(f) Conflicts.--In developing and implementing the policy
under subsection (a), the Secretary shall--
[[Page S6492]]
(1) minimize the possibility of conflicts of interest, to
the extent practicable; and
(2) establish procedures that ensure against the use of a
certifying organization referred to in subsection (b)(5) that
has a financial conflict of interest regarding the
certification of an eligible provider.
(g) Biennial Report.--
(1) In general.--Not later than 1 year after the date on
which the Secretary updates Veterans Health Administration
Handbook 1173.4, or any successor handbook or directive,
under subsection (d), and not less frequently than once every
other year thereafter through 2022, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives 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 (d).
(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).
(h) Definitions.--In this section:
(1) Automobile adaptive equipment program.--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) Veterans service organization.--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 1 year after the date of
the enactment of this Act, and annually thereafter during the
5-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
1-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 1-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.
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