I 

110TH CONGRESS 

2D SESSION H. R. 5622 

To direct the Secretary of Veterans Affairs to carry out a pilot program 

to establish standards of access to care for veterans seeking health 

care from certain Department of Veterans Affairs medical facilities, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Ms. GINNY BROWN-WAITE of Florida introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to carry out 

a pilot program to establish standards of access to care 

for veterans seeking health care from certain Department 

of Veterans Affairs medical facilities, 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 ‘‘Veterans Timely Ac5 cess to Health Care Act’’. 


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1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO2 GRAM ON ACCESS TO MEDICAL CARE. 

3 (a) PILOT PROGRAM.—During the five-year period 

4 beginning on the date of the enactment of this Act, the 

5 Secretary of Veterans Affairs shall conduct a pilot pro6 gram under which the Secretary shall ensure that for each 

7 veteran seeking primary care from a covered medical facil8 ity, the standard for access to care, determined from the 

9 date on which the veteran contacts the Department seek10 ing an appointment until the date on which a visit with 

11 a primary-care provider is completed, is 30 days. 

12 (b) COVERED FACILITY.—For purposes of the pilot 

13 program under this section, a covered medical facility is 

14 a medical facility of the Department of Veterans Affairs 

15 in Veterans Integrated Service Network 8. 

16 (c) REVIEW OF PERFORMANCE.—The Secretary shall 

17 periodically review the performance of covered medical fa18 cilities compared to the standard established under sub19 section (a). The Secretary shall submit to the Committees 

20 on Veterans’ Affairs of the Senate and House of Rep21 resentatives an annual report providing an assessment of 

22 the Department’s performance in meeting that standard. 

23 (d) PROVISION OF CARE AT NON-DEPARTMENT FA24 CILITIES.— 

25 (1) PROVISION OF CARE.—Effective on the first 

26 day of the first fiscal year beginning after the date 


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1 of the enactment of this section, in a case in which 

2 the Secretary is unable to meet the standard for ac3 cess to care under subsection (a) with respect to a 

4 veteran enrolled in the patient enrollment system of 

5 the Department of Veterans Affairs under section 

6 1705, of title 38, United States Code, the Secretary 

7 shall use the authority of section 1703(a) of that 

8 title to furnish health care and services for that vet9 eran in a non-Department facility. In any such 

10 case— 

11 (A) payments by the Secretary may not ex12 ceed the reimbursement rate for similar out13 patient services paid by the Secretary of Health 

14 and Human Services under part B of the medi15 care program (as defined in section 

16 1781(d)(4)(A) of that title); and 

17 (B) the non-Department facility may not 

18 bill the veteran for any difference between the 

19 facility’s billed charges and the amount paid by 

20 the Secretary under paragraph (1). 

21 (2) VETERAN CHOICE TO RECEIVE CARE AT DE22 PARTMENT FACILITY.—A veteran for whom the Sec23 retary furnishes health care or services at a non-De24 partment facility under paragraph (1) may, after 30 

25 days of receiving such care or services at the nonVerDate Aug 31 2005 22:51 Mar 14, 2008 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5622.IH H5622

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1 Department facility, choose to receive such care or 

2 services from a Department facility, if available. If 

3 a veteran so chooses, the veteran shall submit to the 

4 Secretary notice in writing of that choice. 

5 (e) CONTINUITY OF CARE.—For the purpose of pro6 viding for continuity of care, the Secretary shall develop 

7 a form to be used by veterans to authorize the Secretary 

8 to obtain any records created in connection with the vet9 eran’s receipt of care from a non-Department facility. 

10 (f) QUARTERLY REPORTS.— 

11 (1) REQUIREMENT.—Not later than 60 days 

12 after the end of a calendar-year quarter, the Sec13 retary of Veterans Affairs shall submit to the Com14 mittees on Veterans’ Affairs of the Senate and 

15 House of Representatives a report for that calendar16 year quarter on the experience of the Department 

17 during the quarter covered by the report with re18 spect to waiting times for veterans seeking appoint19 ments at a covered facility. 

20 (2) CONTENTS.—Each report under subpara21 graph (A) shall include— 

22 (A) the total number of veterans waiting 

23 by the following categories: 

24 (i) Those waiting under 30 days for 

25 scheduled appointments. 


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1 (ii) Those waiting over 30 days but 

2 less than 60 days. 

3 (iii) Those waiting over 60 days but 

4 less than 4 months. 

5 (iv) Those waiting over 4 months but 

6 who cannot be scheduled within 6 months. 

7 (v) Any remaining veterans who can8 not be scheduled, with the reasons there9 for. 

10 (B) For each category set forth in sub11 paragraph (A), distinctions between— 

12 (i) waiting times for primary care and 

13 specialty care; and 

14 (ii) waiting times for veterans who are 

15 newly enrolled versus those who were en16 rolled before October 1, 2001. 

17 (C) The number of veterans who have en18 rolled in the Department of Veterans Affairs 

19 health care system but have not since such en20 rollment sought care at a Department medical 

21 facility. 

22 (g) TERMINATION.—The authority to conduct a pilot 

23 program under this section shall terminate on the date 


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1 that is five years after the date of the enactment of this 

2 Act. 

Æ 


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