II 

117TH CONGRESS 

2D SESSION S. 3603 

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

to improve the ability of veterans to access medical care in medical 

facilities of the Department of Veterans Affairs and in the community 

by providing veterans the ability to choose health care providers. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8 (legislative day, FEBRUARY 3), 2022 

Mrs. BLACKBURN (for herself and Mr. TUBERVILLE) introduced the following 

bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to carry out 

a pilot program to improve the ability of veterans to 

access medical care in medical facilities of the Department of Veterans Affairs and in the community by providing veterans the ability to choose health care providers. 

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 Health Care 

5 Freedom Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3603 IS

1 SEC. 2. PILOT PROGRAM ON ABILITY OF VETERANS TO 

2 CHOOSE HEALTH CARE PROVIDERS. 

3 (a) PILOT PROGRAM.— 

4 (1) REQUIREMENT.—The Secretary of Veterans 

5 Affairs, acting through the Center for Innovation for 

6 Care and Payment of the Department of Veterans 

7 Affairs, shall carry out a pilot program to improve 

8 the ability of eligible veterans to access hospital care, 

9 medical services, and extended care services through 

10 the covered care system by providing eligible vet11 erans the ability to choose health care providers. 

12 (2) LOCATIONS.—The Secretary shall select a 

13 minimum of four Veterans Integrated Service Net14 works in which to carry out the pilot program. 

15 (b) REMOVAL OF CERTAIN REQUIREMENTS TO AC16 CESS CARE.—In carrying out the pilot program, the Sec17 retary shall furnish hospital care, medical services, and ex18 tended care services to eligible veterans through the cov19 ered care system as follows: 

20 (1) At medical facilities of the Department of 

21 Veterans Affairs, regardless of whether the facility is 

22 in the same Veterans Integrated Service Network as 

23 the Network in which the veteran resides. 

24 (2) At non-Department facilities pursuant to, 

25 as appropriate— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3603 IS

1 (A) section 1703 of title 38, United States 

2 Code, without regard to the requirements speci3 fied in subsection (d) of such section; or 

4 (B) section 1703A of such title, without re5 gard to whether the care or service is not fea6 sibly available to the eligible veteran from a fa7 cility of the Department or through a contract 

8 or sharing agreement entered into pursuant to 

9 a provision of law other than such section as re10 quired under subparagraphs (A) and (C) of 

11 subsection (a)(1) of such section. 

12 (c) ELECTION OF VETERAN.—In accordance with 

13 subsections (d) and (e), an eligible veteran participating 

14 in the pilot program may elect to receive hospital care, 

15 medical services, and extended care services at any pro16 vider in the covered care system. 

17 (d) COORDINATION OF CARE.— 

18 (1) SELECTION.—Each eligible veteran partici19 pating in the pilot program shall select a primary 

20 care provider in the covered care system. 

21 (2) COORDINATION.—The primary care pro22 vider of an eligible veteran selected under paragraph 

23 (1) shall— 

24 (A) coordinate with the Secretary and 

25 other health care providers the hospital care, 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3603 IS

1 medical services, and extended care services fur2 nished to the veteran under the pilot program; 

3 and 

4 (B) refer the veteran to specialty care pro5 viders in the covered care system, as clinically 

6 necessary. 

7 (3) SYSTEMS.—The Secretary shall establish 

8 systems as the Secretary determines appropriate to 

9 ensure that a primary care provider can effectively 

10 coordinate the hospital care, medical services, and 

11 extended care services furnished to a veteran under 

12 the pilot program. 

13 (e) SPECIALTY CARE.— 

14 (1) ACCESS.—Subject to subsection (d)(2)(B), 

15 an eligible veteran participating in the pilot program 

16 may select any specialty care provider in the covered 

17 care system from which to receive specialty care. 

18 (2) DESIGNATION.—The Secretary may des19 ignate a specialty care provider as a primary care 

20 provider of an eligible veteran participating in the 

21 pilot program if the Secretary determines that such 

22 designation is in the health interests of the veteran 

23 (such as an endocrinologist with respect to a veteran 

24 diagnosed with diabetes, a neurologist with respect 

25 to a veteran diagnosed with Parkinson’s disease, or 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3603 IS

1 an obstetrician-gynecologist with respect to a female 

2 veteran). 

3 (f) MENTAL HEALTH CARE.—An eligible veteran 

4 participating in the pilot program may select a mental 

5 health care provider in the covered care system from which 

6 to receive mental health care. 

7 (g) INFORMATION.—In carrying out the pilot pro8 gram, the Secretary shall furnish to eligible veterans the 

9 information on eligibility, cost sharing, treatments, and 

10 providers required for veterans to make informed decisions 

11 with respect to— 

12 (1) selecting primary care providers and spe13 cialty care providers; and 

14 (2) treatments available to the veteran. 

15 (h) DURATION.— 

16 (1) PHASE IN.—The Secretary shall carry out 

17 the pilot program during the three-year period be18 ginning on the date that is one year after the date 

19 of the enactment of this Act. 

20 (2) PERMANENT REQUIREMENT.— 

21 (A) VETERANS COMMUNITY CARE PRO22 GRAM.—Section 1703(d) of title 38, United 

23 States Code, is amended— 

24 (i) in paragraph (1), by striking ‘‘The 

25 Secretary shall’’ and inserting ‘‘Except as 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3603 IS

1 provided by paragraph (4), the Secretary 

2 shall’’; and 

3 (ii) by adding at the end the following 

4 new paragraph: 

5 ‘‘(4) Beginning on the date that is four years after 

6 the date of the enactment of the Veterans Health Care 

7 Freedom Act— 

8 ‘‘(A) the requirements under paragraphs (1), 

9 (2), and (3) shall not apply with respect to fur10 nishing hospital care, medical services, and extended 

11 care services to a covered veteran under this section; 

12 and 

13 ‘‘(B) the Secretary shall furnish hospital care, 

14 medical services, and extended care services to a cov15 ered veteran under this section with the same condi16 tions on the ability of the veteran to choose health 

17 care providers as specified in the pilot program de18 scribed in section 2 of such Act.’’. 

19 (B) VETERANS CARE AGREEMENTS.—Sec20 tion 1703A(a)(1) of such title is amended— 

21 (i) in subparagraph (C), by striking 

22 ‘‘For purposes’’ and inserting ‘‘Except as 

23 provided by subparagraph (E), for pur24 poses’’; and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3603 IS

1 (ii) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(E) Beginning on the date that is four years after 

4 the date of the enactment of the Veterans Health Care 

5 Freedom Act— 

6 ‘‘(i) the requirement under subparagraph (A) 

7 and (C) that care or services may only be furnished 

8 under this section to covered individuals when such 

9 care or services are not feasibly available to the cov10 ered individual from a facility of the Department or 

11 through a contract or sharing agreement entered 

12 into pursuant to a provision of law other than this 

13 section shall not apply with respect to furnishing 

14 hospital care, medical services, and extended care 

15 services to a covered individual under this section; 

16 and 

17 ‘‘(ii) the Secretary shall furnish hospital care, 

18 medical services, and extended care services to a cov19 ered individual under this section with the same con20 ditions on the ability of the individual to choose 

21 health care providers as specified in the pilot pro22 gram described in section 2 of such Act.’’. 

23 (C) VISNS.—Beginning on the date that is 

24 four years after the date of the enactment of 

25 this Act, the Secretary shall furnish hospital 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3603 IS

1 care, medical services, and extended care serv2 ices to veterans under chapter 17 of title 38, 

3 United States Code, at medical facilities of the 

4 Department of Veterans Affairs, regardless of 

5 whether the facility is in the same Veterans In6 tegrated Service Network as the Network in 

7 which the veteran resides. 

8 (i) REPORTS.— 

9 (1) IMPLEMENTATION.— 

10 (A) IN GENERAL.—On a quarterly basis 

11 during the two-year period beginning on the 

12 date of the enactment of this Act, the Secretary 

13 shall submit to the Committee on Veterans’ Af14 fairs of the Senate and the Committee on Vet15 erans’ Affairs of the House of Representatives 

16 a report on the implementation of the pilot pro17 gram. 

18 (B) FINAL DESIGN.—One of the reports 

19 required under subparagraph (A) shall contain 

20 a description of the final design of the pilot pro21 gram. 

22 (2) ANNUAL.—On an annual basis during the 

23 period beginning on the date that is one year after 

24 the date of the submission of the final report under 

25 paragraph (1) and ending on the date of the concluVerDate Sep 11 2014 05:00 Feb 09, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3603.IS S3603

kjohnson on DSK79L0C42PROD with BILLS
9 

•S 3603 IS

1 sion of the pilot program, the Secretary shall submit 

2 to the Committee on Veterans’ Affairs of the Senate 

3 and the Committee on Veterans’ Affairs of the 

4 House of Representatives a report on the results of 

5 the pilot program. 

6 (j) REGULATIONS.—The Secretary, in consultation 

7 with the Committee on Veterans’ Affairs of the Senate and 

8 the Committee on Veterans’ Affairs of the House of Rep9 resentatives, may prescribe regulations to carry out this 

10 section. 

11 (k) NO ADDITIONAL APPROPRIATIONS.—No addi12 tional funds are authorized to be appropriated to carry 

13 out this section and the amendments made by this section, 

14 and this section and the amendments made by this section 

15 shall be carried out using amounts otherwise made avail16 able to the Veterans Health Administration. 

17 (l) DEFINITIONS.—In this section: 

18 (1) COVERED CARE SYSTEM.—The term ‘‘cov19 ered care system’’ means each— 

20 (A) medical facility of the Department; 

21 (B) health care provider specified in sub22 section 1703(c) of title 38, United States Code; 

23 and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 3603 IS

1 (C) eligible entity or provider that has en2 tered into a Veterans Care Agreement under 

3 section 1703A of such title. 

4 (2) ELIGIBLE VETERAN.—The term ‘‘eligible 

5 veteran’’ means a veteran who is enrolled in the pa6 tient enrollment system of the Department of Vet7 erans Affairs under section 1705 of title 38, United 

8 States Code. 

9 (3) HOSPITAL CARE; MEDICAL SERVICES; NON10 DEPARTMENT FACILITIES.—The terms ‘‘hospital 

11 care’’, ‘‘medical services’’, and ‘‘non-Department fa12 cilities’’ have the meanings given those terms in sec13 tion 1701 of title 38, United States Code. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS