[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Page S5141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 904. Ms. BALDWIN (for herself and Mr. Moran) submitted an
amendment intended to be proposed by her to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 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 G of title X, add the following:
SEC. 1088. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM
PROVIDING NON-DEPARTMENT HEALTH CARE SERVICES
TO VETERANS.
(a) In General.--On and after the date that is one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall deny or revoke the eligibility of a
health care provider to provide non-Department health care
services to veterans if the Secretary determines that the
health care provider--
(1) was removed from employment with the Department of
Veterans Affairs due to conduct that violated a policy of the
Department relating to the delivery of safe and appropriate
health care;
(2) violated the requirements of a medical license of the
health care provider;
(3) had a Department credential revoked and the grounds for
such revocation impacts the ability of the health care
provider to deliver safe and appropriate health care; or
(4) violated a law for which a term of imprisonment of more
than one year may be imposed.
(b) Permissive Action.--On and after the date that is one
year after the date of the enactment of this Act, the
Secretary may deny, revoke, or suspend the eligibility of a
health care provider to provide non-Department health care
services if the Secretary has reasonable belief that such
action is necessary to immediately protect the health,
safety, or welfare of veterans and--
(1) the health care provider is under investigation by the
medical licensing board of a State in which the health care
provider is licensed or practices;
(2) the health care provider has entered into a settlement
agreement for a disciplinary charge relating to the practice
of medicine by the health care provider; or
(3) the Secretary otherwise determines that such action is
appropriate under the circumstances.
(c) Suspension.--The Secretary shall suspend the
eligibility of a health care provider to provide non-
Department health care services to veterans if the health
care provider is suspended from serving as a health care
provider of the Department.
(d) Initial Review of Department Employment.--Not later
than one year after the date of the enactment of this Act,
with respect to each health care provider providing non-
Department health care services, the Secretary shall review
the status of each such health care provider as an employee
of the Department and the history of employment of each such
health care provider with the Department to determine whether
the health care provider is described in any of subsections
(a) through (c).
(e) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the implementation by the Secretary of this
section, including the following:
(1) The aggregate number of health care providers denied or
suspended under this section from participation in providing
non-Department health care services.
(2) An evaluation of any impact on access to health care
for patients or staffing shortages in programs of the
Department providing non-Department health care services.
(3) An explanation of the coordination of the Department
with the medical licensing boards of States in implementing
this section, the amount of involvement of such boards in
such implementation, and efforts by the Department to address
any concerns raised by such boards with respect to such
implementation.
(4) Such recommendations as the Comptroller General
considers appropriate regarding harmonizing eligibility
criteria between health care providers of the Department and
health care providers eligible to provide non-Department
health care services.
(f) Non-Department Health Care Services Defined.--In this
section, the term ``non-Department health care services''
means services--
(1) provided under subchapter I of chapter 17 of title 38,
United States Code, at non-Department facilities (as defined
in section 1701 of such title);
(2) provided under section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
38 U.S.C. 1701 note);
(3) purchased through the Medical Community Care account of
the Department; or
(4) purchased with amounts deposited in the Veterans Choice
Fund under section 802 of the Veterans Access, Choice, and
Accountability Act of 2014.
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