Veterans Health Care Freedom Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3176 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3176

   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 the veterans the ability to choose health care 
                               providers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2023

   Mr. Biggs (for himself, Mr. Rosendale, Mr. Good of Virginia, Mr. 
 Gimenez, Ms. Salazar, Mr. Roy, Mr. Crane, Mrs. Boebert, Ms. Hageman, 
   Mr. Tiffany, Mrs. Luna, Mrs. Lesko, Mr. Clyde, Mr. Ogles, and Mr. 
  Brecheen) 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 improve the ability of veterans to access medical care in 
  medical facilities of the Department of Veterans Affairs and in the 
 community by providing the veterans the ability to choose health care 
                               providers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Health Care Freedom Act''.

SEC. 2. PILOT PROGRAM ON ABILITY OF VETERANS TO CHOOSE HEALTH CARE 
              PROVIDERS.

    (a) Pilot Program.--
            (1) Requirement.--The Secretary of Veterans Affairs, acting 
        through the Center for Innovation for Care and Payment, shall 
        carry out a pilot program to improve the ability of eligible 
        veterans to access hospital care, medical services, and 
        extended care services through the covered care system by 
        providing the eligible veterans the ability to choose health 
        care providers.
            (2) Locations.--The Secretary shall select a minimum of 
        four Veterans Integrated Service Networks in which to carry out 
        the pilot program under paragraph (1). In making such 
        selection, the Secretary shall ensure that the pilot program is 
        carried out in varied geographic areas that include both rural 
        and urban locations.
    (b) Removal of Certain Requirements To Access Care.--In carrying 
out the pilot program under subsection (a), the Secretary shall furnish 
hospital care, medical services, and extended care services to eligible 
veterans through the covered care system as follows:
            (1) At medical facilities of the Department of Veterans 
        Affairs, regardless of whether the facility is in the same 
        Veterans Integrated Service Network as the Network in which the 
        veteran resides.
            (2) At non-Department facilities pursuant to, as 
        appropriate--
                    (A) section 1703 of title 38, United States Code, 
                without regard to the requirements specified in 
                subsection (d) of such section; or
                    (B) section 1703A of such title, without regard to 
                the requirements specified in subsection (a)(1)(C) of 
                such section.
    (c) Election of Veteran.--In accordance with subsections (d) and 
(e), an eligible veteran participating in the pilot program may elect 
to receive hospital care, medical services, and extended care services 
at any provider in the covered care system.
    (d) Coordination of Care.--
            (1) Selection.--Each eligible veteran participating in the 
        pilot program shall select a primary care provider in the 
        covered care system. The primary care provider shall--
                    (A) coordinate with the Secretary and other health 
                care providers the hospital care, medical services, and 
                extended care services furnished to the veteran under 
                the pilot program; and
                    (B) refer the veteran to specialty care providers 
                in the covered care system, as clinically necessary.
            (2) Systems.--The Secretary shall establish systems as the 
        Secretary determines appropriate to ensure that a primary care 
        provider can effectively coordinate the hospital care, medical 
        services, and extended care services furnished to a veteran 
        under the pilot program.
    (e) Specialty Care.--
            (1) Access.--Subject to subsection (d)(1)(B), an eligible 
        veteran participating in the pilot program may select any 
        specialty care provider in the covered care system from which 
        to receive specialty care.
            (2) Designation.--The Secretary may designate a specialty 
        care provider as a primary care provider of an eligible veteran 
        participating in the pilot program if the Secretary determines 
        that such designation is in the health interests of the veteran 
        (such as an endocrinologist with respect to a veteran diagnosed 
        with diabetes, a neurologist with respect to a veteran 
        diagnosed with Parkinson's disease, or an obstetrician-
        gynecologist with respect to a female veteran).
    (f) Mental Health Care.--An eligible veteran participating in the 
pilot program may select a mental health care provider in the covered 
care system from which to receive mental health care.
    (g) Information.--In carrying out the pilot program, the Secretary 
shall furnish to eligible veterans the information on eligibility, cost 
sharing, treatments, and providers required for veterans to make 
informed decisions with respect to--
            (1) selecting primary care providers and specialty care 
        providers; and
            (2) treatments available to the veteran.
    (h) Duration.--
            (1) Phase in.--The Secretary shall carry out the pilot 
        program during the three-year period beginning on the date that 
        is one year after the date of the enactment of this Act.
            (2) Permanent requirement.--
                    (A) Veterans community care program.--Section 
                1703(d) of title 38, United States Code, is amended--
                            (i) in paragraph (1), by striking ``The 
                        Secretary shall'' and inserting ``Except as 
                        provided by paragraph (4), the Secretary 
                        shall''; and
                            (ii) by adding at the end the following new 
                        paragraph:
    ``(4) Beginning on the date that is four years after the date of 
the enactment of the Veterans Health Care Freedom Act--
            ``(A) the requirements under paragraphs (1), (2), and (3) 
        shall not apply with respect to furnishing hospital care, 
        medical services, and extended care services to a covered 
        veteran under this section; and
            ``(B) the Secretary shall furnish hospital care, medical 
        services, and extended care services to a covered veteran under 
        this section with the same conditions on the ability of the 
        veteran to choose health care providers as specified in the 
        pilot program described in section 2 of such Act.''.
                    (B) Veterans care agreements.--Section 1703A(a)(1) 
                of such title is amended--
                            (i) in subparagraph (C), by striking ``For 
                        purposes'' and inserting ``Except as provided 
                        by subparagraph (E), for purposes''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(E) Beginning on the date that is four years after the date of 
the enactment of the Veterans Health Care Freedom Act--
            ``(i) the requirements under subparagraph (C) shall not 
        apply with respect to furnishing hospital care, medical 
        services, and extended care services to a covered veteran under 
        this section; and
            ``(ii) the Secretary shall furnish hospital care, medical 
        services, and extended care services to a covered veteran under 
        this section with the same conditions on the ability of the 
        veteran to choose health care providers as specified in the 
        pilot program described in section 2 of such Act.''.
                    (C) VISNs.--Beginning on the date that is four 
                years after the date of the enactment of this Act, the 
                Secretary shall furnish hospital care, medical 
                services, and extended care services to veterans under 
                chapter 17 of title 38, United States Code, at medical 
                facilities of the Department of Veterans Affairs, 
                regardless of whether the facility is in the same 
                Veterans Integrated Service Network as the Network in 
                which the veteran resides.
    (i) Reports.--
            (1) Implementation.--On a quarterly basis during the two-
        year period beginning on the date of the enactment of this Act, 
        the Secretary shall submit to the Committees on Veterans' 
        Affairs of the House of Representatives and the Senate a report 
        on the implementation of the pilot program. One such report 
        shall contain a description of the final design of the pilot 
        program.
            (2) Annual.--On an annual basis during the period beginning 
        on the date that is one year after the date of the submission 
        of the final report under paragraph (1) and ending on the date 
        of the conclusion of the pilot program, the Secretary shall 
        submit to the Committees on Veterans' Affairs of the House of 
        Representatives and the Senate a report on the results of the 
        pilot program.
    (j) Regulations.--The Secretary, in consultation with the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate, may prescribe regulations to carry out this section.
    (k) No Additional Appropriations.--No additional funds are 
authorized to be appropriated to carry out this section, and this 
section shall be carried out using amounts otherwise made available to 
the Veterans Health Administration.
    (l) Definitions.--In this section:
            (1) The term ``covered care system'' means each--
                    (A) medical facility of the Department;
                    (B) health care provider specified in subsection 
                1703(c) of title 38, United States Code; and
                    (C) eligible entity or provider that has entered 
                into a Veterans Care Agreement under section 1703A of 
                such title.
            (2) The term ``eligible veteran'' means a veteran who is 
        enrolled in the patient enrollment system of the Department of 
        Veterans Affairs under section 1705 of title 38, United States 
        Code.
            (3) The term ``non-Department facility'' has the meaning 
        given that term in section 1701 of title 38, United States 
        Code.
                                 &lt;all&gt;
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