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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2757 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2757

 To limit the Secretary of Veterans Affairs from modifying the rate of 
   payment or reimbursement for transportation of veterans or other 
    individuals via special modes of transportation under the laws 
         administered by the Secretary, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2023

   Mr. Tester (for himself, Mr. Moran, Mrs. Murray, and Mr. Boozman) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To limit the Secretary of Veterans Affairs from modifying the rate of 
   payment or reimbursement for transportation of veterans or other 
    individuals via special modes of transportation under the laws 
         administered by the Secretary, 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 ``VA Emergency Transportation Access 
Act''.

SEC. 2. LIMITATION ON MODIFICATION OF RATE OF PAYMENT OR REIMBURSEMENT 
              FOR TRANSPORTATION OF VETERANS OR OTHER INDIVIDUALS VIA 
              SPECIAL MODES OF TRANSPORTATION.

    (a) In General.--Except as provided in subsection (b)--
            (1) the rate of payment or reimbursement for transportation 
        of a veteran or other individual via a special mode of 
        transportation under the laws administered by the Secretary of 
        Veterans Affairs on or after January 1, 2023, shall be the rate 
        in effect as of such date; and
            (2) the Secretary may not modify any such rate on or after 
        the date of the enactment of this Act.
    (b) Exceptions.--
            (1) Increase of rate.--The Secretary may modify the rate of 
        payment or reimbursement for transportation of a veteran or 
        other individual via a special mode of transportation under the 
        laws administered by the Secretary if such a change would 
        increase such rate of payment or reimbursement.
            (2) Decrease of rate.--
                    (A) Review and development of process.--The 
                Secretary may decrease the rate of payment or 
                reimbursement for transportation of a veteran or other 
                individual via a special mode of transportation under 
                the laws administered by the Secretary if the following 
                requirements are met before the effective date of such 
                decrease:
                            (i) The Secretary conducts a thorough 
                        review and analysis of such decrease with 
                        respect to the following:
                                    (I) The economic impact of such 
                                decrease on the Department.
                                    (II) The economic impact of such 
                                decrease on the appropriate industry 
                                associated with the special mode of 
                                transportation or special modes of 
                                transportation in question.
                                    (III) The impact of such decrease 
                                on access to care for veterans.
                            (ii) The Secretary develops a formal 
                        process for updating such rate of payment or 
                        reimbursement that would protect or expand the 
                        current level of access reviewed and analyzed 
                        under clause (i)(III).
                            (iii) The Secretary conducts the review and 
                        analysis under clause (i) and develops the 
                        process under clause (ii) in consultation with 
                        a committee comprised of representation from 
                        the following:
                                    (I) Relevant industry experts.
                                    (II) The Centers for Medicare & 
                                Medicaid Services.
                                    (III) Appropriate subject matter 
                                experts of the Department of Veterans 
                                Affairs in the areas of transportation, 
                                access to care, integrated veteran 
                                care, rural veterans, native veterans, 
                                and any other areas as determined 
                                appropriate by the Secretary.
                                    (IV) Veterans service 
                                organizations.
                            (iv) The Secretary confirms that the new 
                        rate reflects, at a minimum, the actual costs 
                        of transportation.
                    (B) Additional requirements before rate decrease.--
                If a decrease permitted under subparagraph (A) to the 
                rate of payment or reimbursement for transportation of 
                a veteran or other individual via a special mode of 
                transportation under the laws administered by the 
                Secretary would allow for the establishment of a 
                contracted rate different from the established rate of 
                the Department, not later than two years before the 
                effective date of such change, the Secretary shall--
                            (i) establish a template and standardized 
                        process for such contracts and submit such 
                        template and standardized process to Congress 
                        for feedback; and
                            (ii) issue guidance regarding such template 
                        and standardized process across appropriate 
                        entities within the Department and across the 
                        industry associated with the special mode of 
                        transportation or special modes of 
                        transportation covered by such contract.
    (c) Definitions.--In this section:
            (1) Special mode of transportation.--The term ``special 
        mode of transportation'' has the meaning given that term in 
        section 70.2 of title 38, Code of Federal Regulations, or 
        successor regulations.
            (2) Veterans service organization.--The term ``veterans 
        service organization'' means any organization recognized by the 
        Secretary of Veterans Affairs for the representation of 
        veterans under section 5902 of title 38, United States Code.
                                 <all>
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