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104TH CONGRESS

1ST SESSION H. R. 2798

To amend title 38, United States Code, to revise certain authorities relating

to management and contracting in the provision of health care services.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 1995

Mr. WELDON of Florida introduced the following bill; which was referred to

the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to revise certain

authorities relating to management and contracting in

the provision of health care services.

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 Health Care

5 Management and Contracting Flexibility Act of 1995’’.

6 SEC. 2. WAITING PERIOD FOR ADMINISTRATIVE REORGA7 NIZATIONS.

8 Section 510(b) of title 38, United States Code, is

9 amended—
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1 (1) in the second sentence, by striking out ‘‘90-

2 day period of continuous session of Congress follow3 ing’’ and inserting in lieu thereof ‘‘45-day period be4 ginning on’’; and

5 (2) by striking out the third sentence.

6 SEC. 3. REPEAL OF LIMITATIONS ON CONTRACTS FOR CON7 VERSION OF PERFORMANCE OF ACTIVITIES

8 OF DEPARTMENT HEALTH-CARE FACILITIES.

9 Section 8110 of title 38, United States Code, is

10 amended by striking out subsection (c).

11 SEC. 4. REVISION OF AUTHORITY TO SHARE MEDICAL FA12 CILITIES, EQUIPMENT, AND INFORMATION.

13 (a) STATEMENT OF PURPOSE.—The text of section

14 8151 of title 38, United States Code, is amended to read

15 as follows:

16 ‘‘It is the purpose of this subchapter to improve the

17 quality of health care provided veterans under this title

18 by authorizing the Secretary to enter into agreements with

19 health-care providers in order to share health-care re20 sources with, and receive health-care resources from, such

21 providers while ensuring no diminution of services to vet22 erans. Among other things, it is intended by these means

23 to strengthen the medical programs at Department facili24 ties located in small cities or rural areas which facilities

25 are remote from major medical centers.’’.
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1 (b) DEFINITIONS.—Section 8152 of such title is

2 amended—

3 (1) by striking out paragraphs (1), (2) and (3)

4 and inserting in lieu thereof the following new para5 graphs (1) and (2):

6 ‘‘(1) The term ‘health-care resource’ includes

7 hospital care (as that term is defined in section

8 1701(5) of this title), any other health-care service,

9 and any health-care support or administrative re10 source.

11 ‘‘(2) The term ‘health-care providers’ includes

12 health-care plans and insurers and any organiza13 tions, institutions, or other entities or individuals

14 that furnish health-care resources.’’; and

15 (2) by redesignating paragraph (4) as para16 graph (3).

17 (c) AUTHORITY TO SECURE HEALTH-CARE RE18 SOURCES.—(1) Section 8153 of such title is amended—

19 (A) by striking out paragraph (1) of subsection

20 (a) and inserting in lieu thereof the following new

21 paragraph (1):

22 ‘‘(1) The Secretary may, when the Secretary deter23 mines it to be necessary in order to secure health-care re24 sources which otherwise might not be feasibly available or

25 to utilize effectively health-care resources, make arrange-
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1 ments, by contract or other form of agreement, for the

2 mutual use, or exchange of use, of health-care resources

3 between Department health-care facilities and non-De4 partment health-care providers. The Secretary may make

5 such arrangements without regard to any law or regula6 tion relating to competitive procedures.’’; and

7 (B) by striking out subsection (e).

8 (2)(A) The section heading of such section is amend9 ed to read as follows:

10 ‘‘§ 8153. Sharing of health-care resources’’.

11 (B) The table of sections at the beginning of chapter

12 81 of such title is amended by striking out the item relat13 ing to section 8153 and inserting in lieu thereof the follow14 ing new item:

‘‘8153. Sharing of health-care resources.’’.

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