II 

118TH CONGRESS 

1ST SESSION S. 280 

To ensure that only licensed health care professionals furnish disability examinations under a certain Department of Veterans Affairs pilot program 

for use of contract physicians for disability examinations, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2023 

Mr. RUBIO (for himself, Mr. SCOTT of Florida, Ms. SINEMA, Ms. LUMMIS, and 

Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To ensure that only licensed health care professionals furnish 

disability examinations under a certain Department of 

Veterans Affairs pilot program for use of contract physicians for disability examinations, 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 ‘‘Better Examiner 

5 Standards and Transparency for Veterans Act of 2023’’ 

6 or the ‘‘BEST for Vets Act of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 280 IS

1 SEC. 2. ENSURING ONLY LICENSED HEALTH CARE PROFES2 SIONALS FURNISH MEDICAL DISABILITY EX3 AMINATIONS UNDER CERTAIN DEPARTMENT 

4 OF VETERANS AFFAIRS PILOT PROGRAM FOR 

5 USE CONTRACT PHYSICIANS FOR DISABILITY 

6 EXAMINATIONS. 

7 (a) PROHIBITION ON USE OF CERTAIN HEALTH

8 CARE PROFESSIONALS.—Section 504(a) of the Veterans’ 

9 Benefits Improvements Act of 1996 (Public Law 104–275; 

10 38 U.S.C. 5101 note) is amended— 

11 (1) by striking ‘‘The Secretary of Veterans Af12 fairs’’ and inserting the following: 

13 ‘‘(1) IN GENERAL.—The Secretary of Veterans 

14 Affairs’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) PROHIBITION.—No examination described 

18 in paragraph (1) may be carried out under this sec19 tion by any health care professional other than one 

20 described in subsection (c)(2).’’. 

21 (b) REMEDIES.—The Secretary of Veterans Affairs 

22 shall take such actions as the Secretary considers appro23 priate to ensure that only health care professionals de24 scribed in subsection (c)(2) of section 504 of the Veterans’ 

25 Benefits Improvements Act of 1996 (Public Law 104–275; 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 280 IS

1 38 U.S.C. 5101 note) are conducting examinations pursu2 ant to contracts entered into under such section. 

3 (c) ANNUAL REPORT.—Not later than one year after 

4 the date of the enactment of this Act and not less fre5 quently than once each year thereafter, the Secretary shall 

6 submit to the Committee on Veterans’ Affairs of the Sen7 ate and the Committee on Veterans’ Affairs of the House 

8 of Representatives a report on— 

9 (1) the conduct of the pilot program established 

10 under section 504 of the Veterans’ Benefits Im11 provements Act of 1996 (Public Law 104–275; 38 

12 U.S.C. 5101 note); and 

13 (2) the actions of the Secretary under sub14 section (b). 

15 (d) TECHNICAL CORRECTIONS.—Section 504 of the 

16 Veterans’ Benefits Improvements Act of 1996 (Public 

17 Law 104–275; 38 U.S.C. 5101 note) is amended, in the 

18 section heading, by striking ‘‘PHYSICIANS’’ and inserting 

19 ‘‘HEALTH CARE PROFESSIONALS’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS