[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Page S7166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          VETERANS ACCESS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Veterans' Affairs be discharged from further consideration 
of S. 1153 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1153) to prohibit or suspend certain health care 
     providers from providing non-Department of Veterans Affairs 
     health care services to veterans, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I further ask unanimous consent that 
the bill be considered read a third time and passed and the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1153) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1153

       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 Acquiring Community 
     Care Expect Safe Services Act of 2017'' or the ``Veterans 
     ACCESS Act''.

     SEC. 2. 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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