I 

113TH CONGRESS 

2D SESSION H. R. 5286 

To amend title 38, United States Code, to provide for a more equitable 

geographic allocation of funds appropriated to the Department of Veterans Affairs for medical care. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Mr. LARSON of Connecticut introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for a 

more equitable geographic allocation of funds appropriated to the Department of Veterans Affairs for medical care. 

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 Equitable 

5 Treatment Act’’. 

6 SEC. 2. STANDARD FOR TIME FOR REFERRAL FOR SPE7 CIALIST CARE. 

8 (a) TIME FOR SPECIALIST APPOINTMENTS.— 


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1 (1) REQUIREMENT.—The Secretary of Veterans 

2 Affairs shall establish by regulation a maximum spe3 cialist referral period, subject to such exceptions as 

4 the Secretary considers necessary. 

5 (2) SPECIALIST REFERRAL PERIOD DEFINED.— 

6 For purposes of paragraph (1), the term ‘‘specialist 

7 referral period’’ means the period of time between 

8 (A) the date on which a veteran is referred to a spe9 cialty clinic of the Department by the veteran’s pri10 mary care physician within the Department of Vet11 erans Affairs health care system, and (B) the date 

12 for which the veteran is scheduled for an appoint13 ment with a Department specialist pursuant to such 

14 referral. 

15 (3) DEPARTMENT POLICIES.—In establishing a 

16 maximum specialist referral period under paragraph 

17 (1), the Secretary shall act in a manner consistent 

18 with the current treatment policies of the Depart19 ment based on clinical need and with the established 

20 30–30–20 performance goal of the Department for 

21 such a referral period. 

22 (b) STANDARD FOR TRANSPORTATION.—The Sec23 retary shall take such steps as necessary to ensure that 

24 the Department of Veterans Affairs is able to provide ap25 propriate transportation services for qualified veterans 


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1 within a reasonable time period of a scheduled appoint2 ment. 

3 SEC. 3. CONTRACT CARE TO BE PROVIDED WHEN DEPART4 MENT OF VETERANS AFFAIRS CARE NOT 

5 AVAILABLE IN ACCORDANCE WITH STAND6 ARDS. 

7 (a) CONTRACT CARE.—In any case in which the Sec8 retary of Veterans Affairs is not able to provide hospital 

9 care or medical services in accordance with the standard 

10 prescribed under section 2(a) or to provide transportation 

11 services in accordance with section 2(b), the Secretary 

12 shall promptly provide for such care or transportation 

13 from a private source. Hospital care or medical services 

14 so provided shall be those for which the veteran is other15 wise eligible within the Department of Veterans Affairs 

16 medical care system. 

17 (b) REIMBURSEMENT RATE.—Whenever care or serv18 ices are provided under subsection (a), the Secretary shall 

19 reimburse the provider of such care or services for the rea20 sonable value of such care or services, as determined by 

21 the Secretary. Such reimbursement shall be provided in 

22 the same manner as applies to reimbursement for emer23 gency treatment under section 1725 of title 38, United 

24 States Code, subject to such of the terms and conditions 

25 otherwise applicable to such reimbursements under such 


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1 section as the Secretary determines to be appropriate for 

2 purposes of this section. 

3 (c) EXPEDITED REIMBURSEMENT PROCEDURES.— 

4 The Secretary shall take appropriate steps to expedite the 

5 reimbursement required by subsection (b) and consistent 

6 with the Veterans Health Administration policy that 90 

7 percent of all non-VA Contract Care claims are processed 

8 within 30 days of receipt. Such steps may include steps 

9 to make use of advanced technology, such as smart card 

10 technology that would allow claims for such reimburse11 ment to be processed electronically. The Secretary shall, 

12 to the extent possible, also apply such steps for expediting 

13 reimbursement to claims for emergency services provided 

14 to veterans for which the Secretary provides reimburse15 ment under provisions of law in effect before the date of 

16 the enactment of this Act. 

17 SEC. 4. TERMINATION OF 24-MONTH RULE FOR REIM18 BURSEMENT FOR EMERGENCY SERVICES. 

19 The provisions of subparagraph (B) of section 

20 1725(b)(2) of title 38, United States Code, shall not apply 

21 with respect to emergency treatment furnished on or after 

22 the date of the enactment of this Act. 

23 SEC. 5. REPORTS. 

24 The Secretary of Veterans Affairs shall submit to the 

25 Committees on Veterans’ Affairs of the Senate and House 


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1 of Representatives a report at the end of each fiscal-year 

2 quarter on the waiting times for appointments in the De3 partment of Veterans Affairs medical care system. The re4 port shall describe any reductions in such waiting times 

5 and any experience with appointment delays. 

Æ 


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