II 

116TH CONGRESS 

1ST SESSION S. 1101 

To ensure that only licensed health care providers 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 

APRIL 10, 2019 

Mr. RUBIO (for himself and Ms. SINEMA) 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 providers 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 2019’’ 

6 or the ‘‘BEST for Vets Act of 2019’’. 


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•S 1101 IS

1 SEC. 2. ENSURING ONLY LICENSED HEALTH CARE PRO2 VIDERS 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 PROVIDERS.—Section 504(a) of the Veterans’ Ben9 efits Improvements Act of 1996 (Public Law 104–275; 38 

10 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 provider other than one de20 scribed 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 providers described 

24 in subsection (c)(2) of section 504 of the Veterans’ Bene25 fits Improvements Act of 1996 (Public Law 104–275; 38 


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•S 1101 IS

1 U.S.C. 5101 note) are conducting examinations pursuant 

2 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— 

18 (1) in the section heading, by striking ‘‘PHYSI19 CIANS’’ and inserting ‘‘HEALTH CARE PRO20 VIDERS’’; and 

21 (2) in subsection (c)— 

22 (A) in the subsection heading, by striking 

23 ‘‘PHYSICIANS’’ and inserting ‘‘HEALTH CARE

24 PROVIDERS’’; 


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•S 1101 IS

1 (B) in paragraph (2), in the paragraph 

2 heading, by striking ‘‘PHYSICIAN’’ and inserting 

3 ‘‘HEALTH CARE PROVIDER’’; 

4 (C) in paragraph (1), by striking ‘‘physi5 cians’’ and inserting ‘‘health care providers’’; 

6 and 

7 (D) by striking ‘‘physician’’ each place it 

8 appears and inserting ‘‘health care provider’’. 

Æ 


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