### §413a. Oversight of health care provided to residents

#### (a) Designation of Senior Medical Advisor

(1) The Secretary of Defense shall designate the Deputy Director of the Defense Health Agency to serve as the Senior Medical Advisor for the Retirement Home.

(2) The Deputy Director of the Defense Health Agency shall serve as Senior Medical Advisor for the Retirement Home in addition to performing all other duties and responsibilities assigned to the Deputy Director of the Defense Health Agency at the time of the designation under paragraph (1) or afterward.

#### (b) Responsibilities

The Senior Medical Advisor shall provide advice to the Secretary of Defense, the Chief Operating Officer, and the Advisory Council regarding the direction and oversight of—

(1) medical administrative matters at each facility of the Retirement Home; and

(2) the provision of medical care, preventive mental health, and dental care services at each facility of the Retirement Home.

#### (c) Duties

In carrying out the responsibilities set forth in subsection (b), the Senior Medical Advisor shall perform the following duties:

(1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home.

(2) Monitor compliance by the facilities of the Retirement Home with accreditation standards, applicable nationally recognized health care standards and requirements, or any other applicable health care standards and requirements.

(3) Periodically visit each facility of the Retirement Home to review—

(A) the medical facilities, medical operations, medical records and reports, and the quality of care provided to residents; and

(B) inspections and audits to ensure that appropriate follow-up regarding issues and recommendations raised by such inspections and audits has occurred.

(4) Report on the findings and recommendations developed as a result of each review conducted under paragraph (3) to the Chief Operating Officer, the Advisory Council, and the Secretary of Defense.

#### (d) Advisory bodies

In carrying out the responsibilities set forth in subsection (b) and the duties set forth in subsection (c), the Senior Medical Advisor may establish and seek the advice of such advisory bodies as the Senior Medical Advisor considers appropriate.

(Pub. L. 101–510, div. A, title XV, §1513A, as added Pub. L. 110–181, div. A, title XIV, §1422(d)(1), Jan. 28, 2008, 122 Stat. 420; amended Pub. L. 112–81, div. A, title V, §§562, 567(c)(3), Dec. 31, 2011, 125 Stat. 1420, 1426; Pub. L. 113–291, div. A, title VII, §721, Dec. 19, 2014, 128 Stat. 3417; Pub. L. 115–91, div. A, title XIV, §1413(a)(1), Dec. 12, 2017, 131 Stat. 1707; Pub. L. 115–232, div. A, title XIV, §1413, Aug. 13, 2018, 132 Stat. 2092; Pub. L. 116–283, div. A, title XIV, §1413(b)(1), Jan. 1, 2021, 134 Stat. 4032.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (c)(2). Pub. L. 116–283 struck out "(including requirements identified in applicable reports of the Inspector General of the Department of Defense)" before period at end.

2018—Subsec. (c)(1). Pub. L. 115–232, §1413(1), added par. (1) and struck out former par. (1) which read as follows: "Ensure the timely availability to residents of the Retirement Home, at locations other than the Retirement Home, of such acute medical, mental health, and dental care as such resident may require that is not available at the applicable facility of the Retirement Home."

Subsec. (c)(2). Pub. L. 115–232, §1413(2), substituted "Monitor" for "Ensure".

2017—Subsec. (b). Pub. L. 115–91, §1413(a)(1)(A), struck out "the Under Secretary of Defense for Personnel and Readiness," after "Secretary of Defense," in introductory provisions.

Subsec. (c)(4). Pub. L. 115–91, §1413(a)(1)(B), substituted "the Secretary of Defense" for "the Under Secretary of Defense for Personnel and Readiness".

2014—Subsec. (a). Pub. L. 113–291, §721(a), substituted "Deputy Director of the Defense Health Agency" for "Deputy Director of the TRICARE Management Activity" wherever appearing.

Subsec. (c)(2). Pub. L. 113–291, §721(b), substituted "nationally recognized health care standards and requirements" for "health care standards of the Department of Veterans Affairs".

2011—Pub. L. 112–81, §567(c)(3), substituted "Oversight of health care provided to residents" for "Improved health care oversight of Retirement Home" in section catchline.

Subsec. (b). Pub. L. 112–81, §562(a), substituted "The" for "(1) The" and "the Chief Operating Officer, and the Advisory Council regarding the direction and oversight of—" for "the Chief Operating Officer regarding the direction and oversight of the provision of medical, preventive mental health, and dental care services at each facility of the Retirement Home.", added pars. (1) and (2), and struck out former par. (2) which read as follows: "The Senior Medical Advisor shall also provide advice to the Local Board for a facility of the Retirement Home regarding all medical and medical administrative matters of the facility."

Subsec. (c)(3) to (5). Pub. L. 112–81, §562(b), added pars. (3) and (4) and struck out former pars. (3) to (5) which read as follows:

"(3) Periodically visit and inspect the medical facilities and medical operations of each facility of the Retirement Home.

"(4) Periodically examine and audit the medical records and administration of the Retirement Home.

"(5) Consult with the Local Board for each facility of the Retirement Home not less frequently than once each year."