I 

116TH CONGRESS 

2D SESSION H. R. 5697 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to furnish emergent mental health care to certain individuals, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2020 

Mr. TAKANO introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish emergent mental 

health care to certain individuals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Acute Crisis 

5 Care for Emergent Suicide Symptoms Act of 2020’’ or the 

6 ‘‘Veterans’ ACCESS Act of 2020’’. 


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1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION 

2 OF EMERGENT MENTAL HEALTH CARE. 

3 (a) IN GENERAL.—Subchapter II of chapter 17 of 

4 title 38, United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 1720J. Emergent mental health care 

7 ‘‘(a) IN GENERAL.—(1) The Secretary shall furnish 

8 emergent mental health care to an eligible individual 

9 under this section if the individual seeks such care— 

10 ‘‘(A) pursuant to a recommendation the indi11 vidual received from the Veterans Crisis Line or a 

12 licensed health care professional; or 

13 ‘‘(B) in an emergency situation, as determined 

14 by the Secretary. 

15 ‘‘(2) Emergent mental health care furnished under 

16 this section may be furnished at a Department medical 

17 facility or at a non-Department facility, as determined ap18 propriate by the Secretary or by a licensed health care 

19 professional. 

20 ‘‘(b) ELIGIBILITY.—For purposes of this section, an 

21 eligible individual is any of the following: 

22 ‘‘(1) A veteran. 

23 ‘‘(2) An individual who is enrolled in the health 

24 care system established by section 1705 of this title. 

25 ‘‘(3) An individual who— 


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1 ‘‘(A) is a former member of the Armed 

2 Forces, including the reserve components; 

3 ‘‘(B) while serving in the active military, 

4 naval, or air service, was discharged or released 

5 therefrom under a condition other than honor6 able; 

7 ‘‘(C) is not enrolled in the health care sys8 tem established by section 1705 of this title; 

9 and 

10 ‘‘(D) served in the Armed Forces for a pe11 riod of more than 90 cumulative days. 

12 ‘‘(c) DURATION OF CARE.—(1) Emergent mental 

13 health care furnished under this section may be fur14 nished— 

15 ‘‘(A) in the case of inpatient or residential care, 

16 for a period not to exceed 30 days; or 

17 ‘‘(B) in the case of outpatient care, for a period 

18 not to exceed 90 days. 

19 ‘‘(2) If, upon the expiration of the period referred to 

20 in subparagraph (A) of paragraph (1), the Secretary de21 termines that the eligible individual to whom care is fur22 nished is not stable, the Secretary may extend such period 

23 as the Secretary determines appropriate. 


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1 ‘‘(d) OUTREACH REQUIREMENTS.—During any pe2 riod when an eligible individual is receiving emergent men3 tal health care under this section, the Secretary shall— 

4 ‘‘(1) ensure that, in the case of an individual 

5 referred by the Veterans Crisis Line, the Veterans 

6 Crisis Line notifies the Suicide Prevention Coordi7 nator and the Office of Community Care, as appro8 priate, at the nearest Department facility; 

9 ‘‘(2) determine the eligibility of the individual 

10 for other programs and benefits under the laws ad11 ministered by the Secretary; and 

12 ‘‘(3) make referrals for follow-on care, as the 

13 Secretary determines appropriate. 

14 ‘‘(e) PROHIBITION ON CHARGE.—(1) Notwithstand15 ing section 1784 of this title, if the Secretary furnishes 

16 emergent mental health care to an eligible individual 

17 under this section, the Secretary may not charge the indi18 vidual for such care. 

19 ‘‘(2) If the Secretary furnishes such care to an eligi20 ble individual at a non-Department facility, the Secretary 

21 shall— 

22 ‘‘(A) provide for reimbursement of such facility 

23 for the reasonable value of such care; and 


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1 ‘‘(B) ensure that such facility, or any health 

2 care provider working at such facility, does not 

3 charge the individual for the care. 

4 ‘‘(3) In the case of an eligible individual who receives 

5 emergent mental health care under this section and who 

6 is entitled to care (or payment of the expenses of care) 

7 under a health-plan contract, the Secretary may recover 

8 or collect charges for such care under such contract. 

9 ‘‘(4) Section 1725 of this title does not apply to any 

10 payment for emergent mental health care furnished under 

11 this section. 

12 ‘‘(f) ANNUAL REPORT.—Not less frequently than 

13 once each year, the Secretary shall submit to the Com14 mittee on Veterans’ Affairs of the Senate and the Com15 mittee on Veterans’ Affairs of the House of Representa16 tives a report on emergent mental health care furnished 

17 under this section. Each such report shall include, for the 

18 year covered by the report— 

19 ‘‘(1) the number of individuals who received 

20 emergent mental health care under this section; and 

21 ‘‘(2) the total cost of furnishing emergent men22 tal health care under this section. 

23 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘emergent mental health care’ 

2 means emergency stabilization care provided to an 

3 individual who— 

4 ‘‘(A) presents at a Department medical fa5 cility or non-Department facility with an emer6 gent mental health need, including an acute sui7 cidal crisis; or 

8 ‘‘(B) a licensed health care professional de9 termines presents an imminent danger to the 

10 individual’s self or to others. 

11 ‘‘(2) The term ‘health-plan contract’ has the 

12 meaning given such term in section 1729(i)(1) of 

13 this title, except that such term includes— 

14 ‘‘(A) an insurance program described in 

15 section 1811 of the Social Security Act (42 

16 U.S.C. 1395c) or established by section 1831 of 

17 such Act (42 U.S.C. 1395j); 

18 ‘‘(B) a State plan for medical assistance 

19 approved under title XIX of such Act (42 

20 U.S.C. 1396 et seq.); 

21 ‘‘(C) a workers’ compensation law or plan 

22 described in subparagraph (A) of subsection 

23 (a)(2) of such section; and 


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1 ‘‘(D) a program, plan, or policy under a 

2 law described in subparagraph (B) or (C) of 

3 such subsection.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by inserting 

6 after the item relation to section 1720I the following new 

7 item: 

‘‘1720J. Emergent mental health care.’’. 

8 (c) EFFECTIVE DATE.—Emergent mental health care 

9 shall be furnished under section 1720J of title 38, United 

10 States Code, as added by subsection (a), beginning on the 

11 date that is 180 days after the date of the enactment of 

12 this Act. 

13 SEC. 3. ELIGIBILITY OF CERTAIN FORMER MEMBERS OF 

14 THE ARMED FORCES FOR DEPARTMENT OF 

15 VETERANS AFFAIRS MENTAL AND BEHAV16 IORAL HEALTH CARE. 

17 (a) IN GENERAL.—Subsection (b) of section 1720I 

18 of title 38, United States Code, is amended— 

19 (1) in paragraph (2)— 

20 (A) by striking subparagraphs (A) and 

21 (B); and 

22 (B) by striking ‘‘that is not honorable but 

23 not—’’ and inserting ‘‘other than honorable;’’; 

24 and 


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1 (2) by striking paragraph (4) and inserting the 

2 following new paragraph (4): 

3 ‘‘(4) served in the Armed Forces for a period 

4 of more than 90 cumulative days.’’. 

5 (b) ADDITIONAL REPORTING REQUIREMENTS.—Sub6 section (f)(2) of such section is amended— 

7 (1) by redesignating subparagraph (C) as sub8 paragraph (D); 

9 (2) by inserting after subparagraph (B) the fol10 lowing new subparagraph (C): 

11 ‘‘(C) The total cost of furnishing mental and 

12 behavioral healthcare services under this section.’’. 

Æ 


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