I 
116TH CONGRESS 
2D SESSION 
H. R. 5697 
To amend title 38, United States Code, to direct the Secretary of Veterans 
Affairs to furnish emergent mental health care to certain individuals, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2020 
Mr. TAKANO introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to direct the Sec-
retary of Veterans Affairs to furnish emergent mental 
health care to certain individuals, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans’ Acute Crisis 
Care for Emergent Suicide Symptoms Act of 2020’’ or the 
‘‘Veterans’ ACCESS Act of 2020’’. 
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SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION 
OF EMERGENT MENTAL HEALTH CARE. 
(a) IN GENERAL.—Subchapter II of chapter 17 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1720J. Emergent mental health care 
‘‘(a) IN GENERAL.—(1) The Secretary shall furnish 
emergent mental health care to an eligible individual 
under this section if the individual seeks such care— 
‘‘(A) pursuant to a recommendation the indi-
vidual received from the Veterans Crisis Line or a 
licensed health care professional; or 
‘‘(B) in an emergency situation, as determined 
by the Secretary. 
‘‘(2) Emergent mental health care furnished under 
this section may be furnished at a Department medical 
facility or at a non-Department facility, as determined ap-
propriate by the Secretary or by a licensed health care 
professional. 
‘‘(b) ELIGIBILITY.—For purposes of this section, an 
eligible individual is any of the following: 
‘‘(1) A veteran. 
‘‘(2) An individual who is enrolled in the health 
care system established by section 1705 of this title. 
‘‘(3) An individual who— 
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‘‘(A) is a former member of the Armed 
Forces, including the reserve components; 
‘‘(B) while serving in the active military, 
naval, or air service, was discharged or released 
therefrom under a condition other than honor-
able; 
‘‘(C) is not enrolled in the health care sys-
tem established by section 1705 of this title; 
and 
‘‘(D) served in the Armed Forces for a pe-
riod of more than 90 cumulative days. 
‘‘(c) DURATION
OF CARE.—(1) Emergent mental 
health care furnished under this section may be fur-
nished— 
‘‘(A) in the case of inpatient or residential care, 
for a period not to exceed 30 days; or 
‘‘(B) in the case of outpatient care, for a period 
not to exceed 90 days. 
‘‘(2) If, upon the expiration of the period referred to 
in subparagraph (A) of paragraph (1), the Secretary de-
termines that the eligible individual to whom care is fur-
nished is not stable, the Secretary may extend such period 
as the Secretary determines appropriate. 
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‘‘(d) OUTREACH REQUIREMENTS.—During any pe-
riod when an eligible individual is receiving emergent men-
tal health care under this section, the Secretary shall— 
‘‘(1) ensure that, in the case of an individual 
referred by the Veterans Crisis Line, the Veterans 
Crisis Line notifies the Suicide Prevention Coordi-
nator and the Office of Community Care, as appro-
priate, at the nearest Department facility; 
‘‘(2) determine the eligibility of the individual 
for other programs and benefits under the laws ad-
ministered by the Secretary; and 
‘‘(3) make referrals for follow-on care, as the 
Secretary determines appropriate. 
‘‘(e) PROHIBITION ON CHARGE.—(1) Notwithstand-
ing section 1784 of this title, if the Secretary furnishes 
emergent mental health care to an eligible individual 
under this section, the Secretary may not charge the indi-
vidual for such care. 
‘‘(2) If the Secretary furnishes such care to an eligi-
ble individual at a non-Department facility, the Secretary 
shall— 
‘‘(A) provide for reimbursement of such facility 
for the reasonable value of such care; and 
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‘‘(B) ensure that such facility, or any health 
care provider working at such facility, does not 
charge the individual for the care. 
‘‘(3) In the case of an eligible individual who receives 
emergent mental health care under this section and who 
is entitled to care (or payment of the expenses of care) 
under a health-plan contract, the Secretary may recover 
or collect charges for such care under such contract. 
‘‘(4) Section 1725 of this title does not apply to any 
payment for emergent mental health care furnished under 
this section. 
‘‘(f) ANNUAL REPORT.—Not less frequently than 
once each year, the Secretary shall submit to the Com-
mittee on Veterans’ Affairs of the Senate and the Com-
mittee on Veterans’ Affairs of the House of Representa-
tives a report on emergent mental health care furnished 
under this section. Each such report shall include, for the 
year covered by the report— 
‘‘(1) the number of individuals who received 
emergent mental health care under this section; and 
‘‘(2) the total cost of furnishing emergent men-
tal health care under this section. 
‘‘(g) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘emergent mental health care’ 
means emergency stabilization care provided to an 
individual who— 
‘‘(A) presents at a Department medical fa-
cility or non-Department facility with an emer-
gent mental health need, including an acute sui-
cidal crisis; or 
‘‘(B) a licensed health care professional de-
termines presents an imminent danger to the 
individual’s self or to others. 
‘‘(2) The term ‘health-plan contract’ has the 
meaning given such term in section 1729(i)(1) of 
this title, except that such term includes— 
‘‘(A) an insurance program described in 
section 1811 of the Social Security Act (42 
U.S.C. 1395c) or established by section 1831 of 
such Act (42 U.S.C. 1395j); 
‘‘(B) a State plan for medical assistance 
approved under title XIX of such Act (42 
U.S.C. 1396 et seq.); 
‘‘(C) a workers’ compensation law or plan 
described in subparagraph (A) of subsection 
(a)(2) of such section; and 
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‘‘(D) a program, plan, or policy under a 
law described in subparagraph (B) or (C) of 
such subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relation to section 1720I the following new 
item: 
‘‘1720J. Emergent mental health care.’’. 
(c) EFFECTIVE DATE.—Emergent mental health care 
shall be furnished under section 1720J of title 38, United 
States Code, as added by subsection (a), beginning on the 
date that is 180 days after the date of the enactment of 
this Act. 
SEC. 3. ELIGIBILITY OF CERTAIN FORMER MEMBERS OF 
THE ARMED FORCES FOR DEPARTMENT OF 
VETERANS AFFAIRS MENTAL AND BEHAV-
IORAL HEALTH CARE. 
(a) IN GENERAL.—Subsection (b) of section 1720I 
of title 38, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking subparagraphs (A) and 
(B); and 
(B) by striking ‘‘that is not honorable but 
not—’’ and inserting ‘‘other than honorable;’’; 
and 
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(2) by striking paragraph (4) and inserting the 
following new paragraph (4): 
‘‘(4) served in the Armed Forces for a period 
of more than 90 cumulative days.’’. 
(b) ADDITIONAL REPORTING REQUIREMENTS.—Sub-
section (f)(2) of such section is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) The total cost of furnishing mental and 
behavioral healthcare services under this section.’’. 
Æ 
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