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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1153 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                S. 1153

_______________________________________________________________________

                                 AN ACT

 
  To prohibit or suspend certain health care providers from providing 
 non-Department of Veterans Affairs health care services to veterans, 
                        and for other purposes.

    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.

            Passed the Senate November 9, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1153

_______________________________________________________________________

                                 AN ACT

  To prohibit or suspend certain health care providers from providing 
 non-Department of Veterans Affairs health care services to veterans, 
                        and for other purposes.
```