(2) Funds in the revolving fund shall not be available
for a major medical facility project, or a major medical
facility lease, as defined in section 8104(a)(3) of title 38,
United States Code, unless funds for such project or lease
have been specifically authorized by law.
(e) RECEIPT OF FUNDS.—(1) Notwithstanding any
other provision of law, the Secretary may recover or collect
funds by reason of the furnishing of health care under a
pilot program authorized under section 202 in the same
manner as any other health-care provider or plan operat-
ing in the State, whether such funds are received from
an individual, another agency or department of the United
States, an agency of State or local government, a health-
care provider, health care plan, insurer, or other entity
(including amounts received as premiums, copayments,
deductibles, or third-party reimbursements). Any such
funds so received shall be deposited to the revolving fund.
(2) Any such funds so received and deposited, the re-
covery or collection of which is authorized in section
1729(a) of title 38, United States Code, as in effect on
February 1, 1994, shall be administered in accordance
with paragraph (3).
(3) Funds recovered or collected by the Department
pursuant to section 1729(a) of title 38, United States
Code, during any fiscal year in an amount in excess of
the current Congressional Budget Office baseline for re-
ceipts under that section for that fiscal year shall not be
subject to section 1729(g)(2) of such title, to the extent
those funds are attributable to the operation of a pilot pro-
gram under this title.
(f) CHECKING ACCOUNTS.—The Secretary may es-
tablish and maintain checking and savings accounts in any
Federal Reserve Bank, any depository for public funds,
or in such other places and in such manner as the Sec-
retary determines appropriate in connection with the re-
volving fund established under subsection (a). The Sec-
retary may disburse funds from any such account in such
manner as the Secretary considers necessary to carry out
the purposes of the pilot programs associated with those
funds.
(g) TRANSFER OF EXCESS FUNDS TO TREASURY.—
If the Secretary determines that moneys in the revolving
fund established under subsection (a) are in excess of the
needs of the pilot program, the Secretary shall transfer
the excess funds to the Medical Care Appropriation
account of the Department.
SEC. 205. ADMINISTRATIVE FLEXIBILITY.
The Secretary, when the Secretary considers it nec-
essary to carry out a pilot program authorized under
section 202, may—
(1) carry out administrative reorganizations,
subject to section 203(f) of this title, without regard
to section 510(b) of title 38, United States Code;
(2) when the Secretary finds it is cost-effective
or necessary in order to provide health care services
in a timely manner, enter into contracts—
(A) for procurement of any commercially
available item at a cost of under $100,000
without regard to any provision of law or regu-
lation (i) requiring competitive procedures; (ii)
mandating or giving priority to any source of
supply; or (iii) pertaining to protests; and
(B) without regard to the provisions of sec-
tion 8110(c) of title 38, United States Code;
(3) carry out consumer-survey, promotional, ad-
vertising, and marketing activities related to estab-
lishing and operating a health plan; and
(4) exercise the authority established in title
III.
SEC. 206. ANNUAL REPORTS TO CONGRESS.
Not later than November 30 of each year from 1995
through 2000, the Secretary shall submit to the Commit-
tees on Veterans’ Affairs of the Senate and House of Rep-
resentatives a report on the Department’s experience in
carrying out the provisions of this title and the findings
or interim findings of evaluations carried out under sec-
tion 203(a)(3). Each such report shall include information
regarding the effect on Department health care delivery
and operations in each State in which a State reform plan
has been implemented and shall specifically identify each
transfer of funds under section 204(c) and account specifi-
cally for the use of such funds.
SEC. 207. EXPIRATION OF AUTHORITY.
The authority to conduct pilot programs under this
title shall expire on September 30, 2000.
TITLE III—HEALTH CARE
RESOURCE AGREEMENTS
SEC. 301. AUTHORITY IN STATES WITH STATE REFORM
PLANS.
(a) IN GENERAL.—The director of a Department of
Veterans Affairs’ health care facility serving veterans who
reside in a State that has established a State reform plan
may, without regard to section 1703 of title 38, United
States Code, or any other law or regulation pertaining to
competitive procedures, acquisition procedures or policies
(other than contract dispute settlement procedures), or bid
protests, enter into agreements with health care plans, in-
surers, and health care providers, and with any other en-
tity or individual, to furnish or obtain any health-care re-
source, as that term is defined in section 8152 of title 38,
United States Code.
(b) LIMITATION.—A director may enter into an
agreement under subsection (a) only if the director has
determined that the agreement is necessary to maintain
an acceptable level and quality of service to veterans at
that facility.
SEC. 302. REIMBURSEMENT METHODOLOGY.
An agreement under section 301 shall provide for re-
imbursement to the Department based on a methodology
that provides appropriate flexibility to establish an appro-
priate reimbursement rate. Any proceeds to the Govern-
ment received from the agreement shall be credited to the
applicable Department medical appropriation and to funds
that have been allotted to the facility that furnished the
resource involved.
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HR 4013 IH——2