[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4998-S4999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2702. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction,

[[Page S4999]]

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 H of title X, add the following:

     SEC. 1095. CODIFICATION OF REQUIREMENTS FOR ELIGIBILITY 
                   STANDARDS FOR ACCESS TO COMMUNITY CARE FROM 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Eligibility Access Standards.--Section 1703B of title 
     38, United States Code, is amended--
       (1) by striking subsections (a) through (e) and inserting 
     the following:
       ``(a) Eligibility Standards for Access to Community Care.--
     (1) A covered veteran shall be eligible to elect to receive 
     non-Department hospital care, medical services, or extended 
     care services, excluding nursing home care, through the 
     Veterans Community Care Program under section 1703 of this 
     title pursuant to subsection (d)(1)(D) of such section using 
     the following eligibility access standards:
       ``(A) With respect to primary care, mental health care, or 
     extended care services, excluding nursing home care, if the 
     Department cannot schedule an appointment for the covered 
     veteran with a health care provider of the Department who can 
     provide the needed service--
       ``(i) within 30 minutes average driving time (or such 
     shorter average driving time as the Secretary may prescribe) 
     from the residence of the veteran unless a longer average 
     driving time has been agreed to by the veteran in 
     consultation with a health care provider of the veteran; and
       ``(ii) within 20 days (or such shorter period as the 
     Secretary may prescribe) of the date of request for such an 
     appointment unless a later date has been agreed to by the 
     veteran in consultation with a health care provider of the 
     veteran.
       ``(B) With respect to specialty care, if the Department 
     cannot schedule an appointment for the covered veteran with a 
     health care provider of the Department who can provide the 
     needed service--
       ``(i) within 60 minutes average driving time (or such 
     shorter average driving time as the Secretary may prescribe) 
     from the residence of the veteran unless a longer average 
     driving time has been agreed to by the veteran in 
     consultation with a health care provider of the veteran; and
       ``(ii) within 28 days (or such shorter period as the 
     Secretary may prescribe) of the date of request for such an 
     appointment unless a later date has been agreed to by the 
     veteran in consultation with a health care provider of the 
     veteran.
       ``(2) For the purposes of determining the eligibility of a 
     covered veteran for care or services under paragraph (1), the 
     Secretary shall not take into consideration the availability 
     of telehealth appointments from the Department when 
     determining whether the Department is able to furnish such 
     care or services in a manner that complies with the 
     eligibility access standards under such paragraph.
       ``(3) In the case of a covered veteran who has had an 
     appointment with a health care provider of the Department 
     canceled by the Department for a reason other than the 
     request of the veteran, in calculating a wait time for a 
     subsequent appointment under paragraph (1), the Secretary 
     shall calculate such wait time from the date of the request 
     for the original, canceled appointment.
       ``(4) If a veteran agrees to a longer average drive time or 
     a later date under subparagraph (A) or (B) of paragraph (1), 
     the Secretary shall document the agreement to such longer 
     average drive time or later date in the electronic health 
     record of the veteran and provide the veteran a copy of such 
     documentation. Such copy may be provided electronically.
       ``(b) Application.--The Secretary shall ensure that the 
     eligibility access standards established under subsection (a) 
     apply--
       ``(1) to all care and services within the medical benefits 
     package of the Department to which a covered veteran is 
     eligible under section 1703 of this title, excluding nursing 
     home care; and
       ``(2) to all covered veterans, regardless of whether a 
     veteran is a new or established patient.
       ``(c) Periodic Review of Access Standards.--Not later than 
     three years after the date of the enactment of the Veterans' 
     Health Empowerment, Access, Leadership, and Transparency for 
     our Heroes (HEALTH) Act of 2023, and not less frequently than 
     once every three years thereafter, the Secretary shall--
       ``(1) conduct a review of the eligibility access standards 
     under subsection (a) in consultation with--
       ``(A) such Federal entities as the Secretary considers 
     appropriate, including the Department of Defense, the 
     Department of Health and Human Services, and the Centers for 
     Medicare & Medicaid Services;
       ``(B) entities and individuals in the private sector, 
     including--
       ``(i) veteran patients;
       ``(ii) veterans service organizations; and
       ``(iii) health care providers participating in the Veterans 
     Community Care Program under section 1703 of this title; and
       ``(C) other entities that are not part of the Federal 
     Government; and
       ``(2) submit to the appropriate committees of Congress a 
     report on--
       ``(A) the findings of the Secretary with respect to the 
     review conducted under paragraph (1); and
       ``(B) such recommendations as the Secretary may have with 
     respect to the eligibility access standards under subsection 
     (a).'';
       (2) by striking subsection (g);
       (3) by redesignating subsections (f), (h), and (i) as 
     subsections (d), (e), and (f), respectively;
       (4) in subsection (d), as redesignated by paragraph (3)--
       (A) by striking ``established'' each place it appears; and
       (B) in paragraph (1), by striking ``(1) Subject to'' and 
     inserting ``Compliance by Community Care Providers With 
     Access Standards.--(1) Subject to'';
       (5) in subsection (e), as so redesignated--
       (A) in paragraph (1)--
       (i) by striking ``(1) Consistent with'' and inserting 
     ``Determination Regarding Eligibility.--(1) Consistent 
     with''; and
       (ii) by striking ``designated access standards established 
     under this section'' and inserting ``eligibility access 
     standards under subsection (a)''; and
       (B) in paragraph (2)(B), by striking ``designated access 
     standards established under this section'' and inserting 
     ``eligibility access standards under subsection (a)''; and
       (6) in subsection (f), as redesignated by paragraph (2)--
       (A) in the matter preceding paragraph (1), by striking ``In 
     this section'' and inserting ``Definitions.--In this 
     section''; and
       (B) in paragraph (2)--
       (i) by striking ``covered veterans'' and inserting 
     ``covered veteran''; and
       (ii) by striking ``veterans described'' and inserting ``a 
     veteran described''.
       (b) Conforming Amendments.--Section 1703(d) of such title 
     is amended--
       (1) in paragraph (1)(D), by striking ``designated access 
     standards developed by the Secretary under section 1703B of 
     this title'' and inserting ``eligibility access standards 
     under section 1703B(a) of this title''; and
       (2) in paragraph (3), by striking ``designated access 
     standards developed by the Secretary under section 1703B of 
     this title'' and inserting ``eligibility access standards 
     under section 1703B(a) of this title''.
                                 ______