II 

114TH CONGRESS 

1ST SESSION S. 739 

To modify the treatment of agreements entered into by the Secretary of 

Veterans Affairs to furnish nursing home care, adult day health care, 

or other extended care services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2015 

Mr. HOEVEN (for himself and Mr. MANCHIN) introduced the following bill; 

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

A BILL 

To modify the treatment of agreements entered into by the 

Secretary of Veterans Affairs to furnish nursing home 

care, adult day health care, or other extended care services, 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 Access to 

5 Extended Care Act of 2015’’. 


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1 SEC. 2. TREATMENT OF AGREEMENTS FOR NURSING HOME 

2 CARE, ADULT DAY HEALTH CARE, OR OTHER 

3 EXTENDED CARE SERVICES FROM DEPART4 MENT OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Subparagraph (B) of section 

6 1720(c)(1) of title 38, United States Code, is amended 

7 by adding after the period at the end the following: ‘‘Any 

8 such agreement shall not be treated as a Federal contract 

9 for the acquisition of goods or services and is not subject 

10 to any provision of law governing Federal contracts for 

11 the acquisition of goods or services. Title 41 shall not 

12 apply to any such agreement.’’. 

13 (b) REQUIREMENTS.—Such section is amended by 

14 adding at the end the following new subparagraphs: 

15 ‘‘(C) Any agreement entered into under subpara16 graph (A) with a provider described in that subparagraph 

17 shall include provisions that are necessary to ensure the 

18 safety and quality of care furnished to veterans pursuant 

19 to such agreement, including the following: 

20 ‘‘(i) Requirements as to the licensing and 

21 credentialing of medical professionals of the pro22 vider, as applicable. 

23 ‘‘(ii) Review by the Department of medical 

24 records of the provider. 


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1 ‘‘(iii) Visits by employees of the Department to 

2 assess facilities and practices of the provider on an 

3 unannounced basis. 

4 ‘‘(iv) Review by the Department of staffing lev5 els for medical professionals and support personnel 

6 of the provider. 

7 ‘‘(v) Such other provisions as the Secretary con8 siders necessary to ensure the safety and quality of 

9 care furnished to veterans. 

10 ‘‘(D) The failure of a provider with which the Sec11 retary has entered into an agreement under subparagraph 

12 (A) to comply with a provision of such agreement de13 scribed in subparagraph (C) may result in the termination 

14 of such agreement by the Department.’’. 

15 SEC. 3. EXEMPTION OF AGREEMENTS ENTERED INTO BY 

16 SECRETARY OF VETERANS AFFAIRS FOR 

17 NURSING HOME CARE, ADULT DAY HEALTH 

18 CARE, OR OTHER EXTENDED CARE SERVICES 

19 FROM THE APPLICATION OF CERTAIN LABOR 

20 LAWS. 

21 Section 6702(b) of title 41, United States Code, is 

22 amended— 

23 (1) in paragraph (6), by striking ‘‘; and’’ and 

24 inserting a semicolon; 


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1 (2) in paragraph (7), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(8) an agreement to furnish nursing home 

5 care, adult day health care, or other extended care 

6 services under section 1720 of title 38.’’. 

Æ 


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