I
104TH CONGRESS
1ST SESSION
H. R. 882
To amend title 38, United States Code, to require the establishment of
mammography quality standards to be applicable to the performance
of mammograms by the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 1995
Mr. QUINN introduced the following bill; which was referred to the Committee
on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to require the estab-
lishment of mammography quality standards to be appli-
cable to the performance of mammograms by the Depart-
ment of Veterans Affairs.
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 ‘‘Department of Veter-
ans Affairs Mammography Quality Standards Act’’.
SEC. 2. MAMMOGRAPHY QUALITY STANDARDS.
(a) IN GENERAL.—(1) Subchapter II of chapter 73
is amended by adding at the end the following new section:
‘‘§ 7319. Mammography quality standards
‘‘(a) A mammogram may not be performed at a De-
partment facility unless that facility is accredited for that
purpose by a private nonprofit organization designated by
the Secretary. An organization designated by the Sec-
retary under this subsection shall meet the standards for
accrediting bodies established under section 354(e) of the
Public Health Service Act (42 U.S.C. 263b(e)).
‘‘(b) The Secretary, in consultation with the Sec-
retary of Health and Human Services, shall prescribe
quality assurance and quality control standards relating
to the performance and interpretation of mammograms
and use of mammogram equipment and facilities of the
Department of Veterans Affairs consistent with the re-
quirements of section 354(f)(1) of the Public Health Serv-
ice Act. Such standards shall be no less stringent than
the standards prescribed by the Secretary of Health and
Human Services under section 354(f) of the Public Health
Service Act.
‘‘(c)(1) The Secretary, to ensure compliance with the
standards prescribed under subsection (b), shall provide
for an annual inspection of the equipment and facilities
used by and in Department health care facilities for the
performance of mammograms. Such inspections shall be
carried out in a manner consistent with the inspection of
certified facilities by the Secretary of Health and Human
Services under section 354(g) of the Public Health Service
Act.
‘‘(2) The Secretary may not provide for an inspection
under paragraph (1) to be performed by a State agency.
‘‘(d) The Secretary shall ensure that mammograms
performed for the Department under contract with any
non-Department facility or provider conform to the quality
standards prescribed by the Secretary of Health and
Human Services under section 354 of the Public Health
Service Act.
‘‘(e) For the purposes of this section, the term ‘mam-
mogram’ has the meaning given such term in paragraph
(5) of section 354(a) of the Public Health Service Act (42
U.S.C. 263b(a)).’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 7318 the following new item:
‘‘7319. Mammography quality standards.’’.
(b) DEADLINE FOR PRESCRIBING STANDARDS.—The
Secretary of Veterans Affairs shall prescribe standards
under subsection (b) of section 7319 of title 38, United
States Code, as added by subsection (a), not later than
the end of the 120-day period beginning on the later of—
(1) the date on which the Secretary of Health
and Human Services prescribes quality standards
under section 354(f) of the Public Health Service
Act (42 U.S.C. 263b(f)); or
(2) the date of the enactment of this Act.
(c) TRANSITION.—(1) Subsection (a) of section 7319
of title 38, United States Code, as added by subsection
(a), shall take effect on the date on which standards are
prescribed by the Secretary of Veterans Affairs under sub-
section (b) of that section.
(2) During the transition period, the Secretary of
Veterans Affairs may waive the requirement of subsection
(a) of section 7319 of title 38, United States Code, as
added by subsection (a), to any facility of the Department.
The Secretary may provide such a waiver in the case of
any facility only if the Secretary determines, based upon
the recommendation of the Under Secretary for Health
of the Department of Veterans Affairs, that during the
period such a waiver is in effect for such facility (including
any extension of the waiver under paragraph (3)) the facil-
ity will be operated in accordance with standards pre-
scribed by the Secretary under subsection (b) of such sec-
tion to assure the safety and accuracy of mammography
services provided.
(3) The transition period for purposes of this section
is the six-month period beginning on the date specified in
paragraph (1). The Secretary may extend such period for
a period not to exceed 90 days in the case of any Depart-
ment facility. Any such extension may be made only if the
Under Secretary for Health determines that—
(A) without the extension access of veterans to
mammography services in the geographic area
served by the facility would be significantly reduced;
and
(B) appropriate steps will be taken before the
end of the transition period (as extended) to obtain
accreditation of the facility as required by subsection
(a) of section 7319 of title 38, United States Code,
as added by subsection (a).
(d) IMPLEMENTATION REPORT.—The Secretary of
Veterans Affairs shall submit to the Committees on Veter-
ans’ Affairs of the Senate and House of Representatives
a report on the Secretary’s implementation of section
7319 of title 38, United States Code, as added by sub-
section (a). The report shall be submitted not later than
180 days after the date on which the Secretary prescribes
the quality standards required under subsection (b) of that
section.
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