Modernizing Veterans’ Health Care Eligibility Act

Subjects: Armed Forces and National Security

Summary:  <p><b>Modernizing Veterans' Health Care Eligibility Act</b></p> <p>This bill establishes the Commission on Eligibility to examine veterans' eligibility for health care from the Department of Veterans Affairs (VA). The President must require the VA and other relevant agencies to implement recommendations set forth by the commission that are feasible, advisable, and can be implemented without further legislative action.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 754 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 754

 To establish an advisory commission regarding eligibility for health 
          care furnished by the Secretary of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

   Mr. Bost introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish an advisory commission regarding eligibility for health 
          care furnished by the Secretary of Veterans Affairs.

    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 ``Modernizing Veterans' Health Care 
Eligibility Act''.

SEC. 2. COMMISSION ON ELIGIBILITY.

    (a) Establishment of Commission.--
            (1) In general.--There is established a commission, to be 
        known as the ``Commission on Eligibility'' (in this section 
        referred to as the ``Commission''), to examine eligibility for 
        health care from the Department of Veterans Affairs.
            (2) Membership.--
                    (A) Voting members.--The Commission shall be 
                composed of 15 voting members who are appointed as 
                follows:
                            (i) Three members appointed by the Speaker 
                        of the House of Representatives, at least one 
                        of whom shall be a veteran.
                            (ii) Three members appointed by the 
                        minority leader of the House of 
                        Representatives, at least one of whom shall be 
                        a veteran.
                            (iii) Three members appointed by the 
                        majority leader of the Senate, at least one of 
                        whom shall be a veteran.
                            (iv) Three members appointed by the 
                        minority leader of the Senate, at least one of 
                        whom shall be a veteran.
                            (v) Three members appointed by the 
                        President, at least two of whom shall be 
                        veterans.
                    (B) Qualifications.--Of the members appointed under 
                subparagraph (A)--
                            (i) at least one member shall represent an 
                        organization recognized by the Secretary of 
                        Veterans Affairs for the representation of 
                        veterans under section 5902 of title 38, United 
                        States Code;
                            (ii) at least one member shall have 
                        experience as senior management for a private 
                        integrated health care system with an annual 
                        gross revenue of more than $50,000,000;
                            (iii) at least one member shall be familiar 
                        with government health care systems, including 
                        those systems of the Department of Defense, the 
                        Indian Health Service, or Federally-qualified 
                        health centers (as defined in section 
                        1905(l)(2)(B) of the Social Security Act (42 
                        U.S.C. 1396d(l)(2)(B))); and
                            (iv) at least one member shall be familiar 
                        with the Veterans Health Administration but 
                        shall not be currently employed by the Veterans 
                        Health Administration.
                    (C) Date.--The appointments of members of the 
                Commission shall be made not later than one year after 
                the date of the enactment of this Act.
            (3) Period of appointment.--
                    (A) In general.--Members shall be appointed for the 
                life of the Commission.
                    (B) Vacancies.--Any vacancy in the Commission shall 
                not affect its powers, but shall be filled in the same 
                manner as the original appointment.
            (4) Initial meeting.--Not later than 15 days after the date 
        on which eight voting members of the Commission have been 
        appointed, the Commission shall hold its first meeting.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--The President shall 
        designate a member of the commission to serve as Chairperson of 
        the Commission. The Commission shall select a Vice Chairperson 
        from among its members.
    (b) Duties of Commission.--
            (1) Evaluation and assessment.--The Commission shall 
        undertake a comprehensive evaluation and assessment of 
        eligibility to receive health care from the Department of 
        Veterans Affairs.
            (2) Matters evaluated and assessed.--In undertaking the 
        comprehensive evaluation and assessment required by paragraph 
        (1), the Commission shall evaluate and assess the following:
                    (A) General eligibility.
                    (B) Eligibility of veterans with service-connected 
                conditions.
                    (C) Eligibility of veterans with non-service-
                connected conditions.
                    (D) Eligibility of veterans who have other 
                insurance or health care coverage (including Medicare 
                and TRICARE).
                    (E) Eligibility of veterans exposed to combat.
                    (F) Eligibility of veterans exposed to toxic 
                substances or radiation.
                    (G) Eligibility of veterans with discharges under 
                conditions other than honorable.
                    (H) Eligibility for long-term care.
                    (I) Eligibility for mental health care.
                    (J) Assigned priority for care.
                    (K) Required copayments and other cost-sharing 
                mechanisms.
                    (L) Other matters the Commission determines 
                appropriate.
            (3) Reports.--The Commission shall submit to the President, 
        through the Secretary of Veterans Affairs, reports as follows:
                    (A) Not later than 90 days after the date of the 
                initial meeting of the Commission, an interim report 
                on--
                            (i) the findings of the Commission with 
                        respect to the evaluation and assessment 
                        required by this subsection; and
                            (ii) such recommendations as the Commission 
                        may have for legislative or administrative 
                        action to revise and simplify eligibility to 
                        receive health care from the Department of 
                        Veterans Affairs.
                    (B) Not later than one year after the date of the 
                initial meeting of the Commission, a final report on--
                            (i) the findings of the Commission with 
                        respect to the evaluation and assessment 
                        required by this subsection; and
                            (ii) such recommendations as the Commission 
                        may have for legislative or administrative 
                        action to revise and simplify eligibility to 
                        receive health care from the Department of 
                        Veterans Affairs.
    (c) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal agency such information as the 
        Commission considers necessary to carry out this section. Upon 
        request of the Chairperson of the Commission, the head of such 
        agency shall furnish such information to the Commission.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--
                    (A) In general.--Each member of the Commission who 
                is not an officer or employee of the Federal Government 
                shall be compensated at a rate equal to the daily 
                equivalent of the annual rate of basic pay prescribed 
                for level IV of the Executive Schedule under section 
                5315 of title 5, United States Code, for each day 
                (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Officers or employees of the united states.--
                All members of the Commission who are officers or 
                employees of the United States shall serve without 
                compensation in addition to that received for their 
                services as officers or employees of the United States.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The Chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, except that the rate of 
                pay for the executive director and other personnel may 
                not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination of the Commission.--The Commission shall terminate 
30 days after the date on which the Commission submits the report under 
subsection (b)(3)(B).
    (f) Funding.--The Secretary of Veterans Affairs shall make 
available to the Commission from amounts appropriated or otherwise made 
available to the Secretary such amounts as the Secretary and the 
Chairperson of the Commission jointly consider appropriate for the 
Commission to perform its duties under this section.
    (g) Executive Action.--
            (1) Action on recommendations.--The President shall require 
        the Secretary of Veterans Affairs and such other heads of 
        relevant Federal departments and agencies to implement each 
        recommendation set forth in a report submitted under subsection 
        (b)(3) that the President--
                    (A) considers feasible and advisable; and
                    (B) determines can be implemented without further 
                legislative action.
            (2) Reports.--Not later than 60 days after the date on 
        which the President receives a report under subsection (b)(3), 
        the President shall submit to the Committees on Veterans' 
        Affairs of the Senate and House of Representatives and such 
        other committees of Congress as the President considers 
        appropriate a report setting forth the following:
                    (A) An assessment of the feasibility and 
                advisability of each recommendation contained in the 
                report received by the President.
                    (B) For each recommendation assessed as feasible 
                and advisable under subparagraph (A) the following:
                            (i) Whether such recommendation requires 
                        legislative action.
                            (ii) If such recommendation requires 
                        legislative action, a recommendation concerning 
                        such legislative action.
                            (iii) A description of any administrative 
                        action already taken to carry out such 
                        recommendation.
                            (iv) A description of any administrative 
                        action the President intends to be taken to 
                        carry out such recommendation and by whom.
                                 &lt;all&gt;
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