Title: Veterans’ ACCESS Act of 2020
Policy area: Armed Forces and National Security

Summary:
Veterans' Acute Crisis Care for Emergent Suicide Symptoms Act of 2020 or the Veterans' ACCESS Act of 2020
This bill requires the Department of Veterans Affairs (VA) to furnish emergent mental health care (i.e., emergency stabilization care) to eligible individuals in certain situations at VA or non-VA facilities. Specifically, the VA must furnish care if an individual seeks it (1) in an emergency situation, or (2) pursuant to a recommendation from the Veterans Crisis Line or licensed health care professional.
Eligible individuals under the bill include veterans, persons enrolled in the VA health care system, and individuals who (1) were discharged or released from service under a condition other than honorable, (2) are not enrolled in the VA health care system, and (3) served for a period of more than 90 cumulative days.
For individuals receiving care, the VA must ensure the Veterans Crisis Line notifies the Suicide Prevention Coordinator and the Office of Community Care. The VA must also determine the eligibility of the individuals for other VA programs and benefits and make referrals for follow-on care.
The VA may not charge an eligible individual for emergent mental health care and shall provide reimbursement to individuals who receive care at a non-VA facility.
The bill also expands eligibility for mental and behavioral health care for certain veterans who were discharged or released from service under a condition that is other than honorable and served in the Armed Forces for a period of more than 90 cumulative days.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5697 Introduced in House (IH)]

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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 Secretary 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 Representatives 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''.

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:
``Sec. 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 individual 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 appropriate 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--
                    ``(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 honorable;
                    ``(C) is not enrolled in the health care system 
                established by section 1705 of this title; and
                    ``(D) served in the Armed Forces for a period of 
                more than 90 cumulative days.
    ``(c) Duration of Care.--(1) Emergent mental health care furnished 
under this section may be furnished--
            ``(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 determines that the 
eligible individual to whom care is furnished is not stable, the 
Secretary may extend such period as the Secretary determines 
appropriate.
    ``(d) Outreach Requirements.--During any period when an eligible 
individual is receiving emergent mental 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 Coordinator and the Office of Community 
        Care, as appropriate, at the nearest Department facility;
            ``(2) determine the eligibility of the individual for other 
        programs and benefits under the laws administered by the 
        Secretary; and
            ``(3) make referrals for follow-on care, as the Secretary 
        determines appropriate.
    ``(e) Prohibition on Charge.--(1) Notwithstanding 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 individual for such care.
    ``(2) If the Secretary furnishes such care to an eligible 
individual at a non-Department facility, the Secretary shall--
            ``(A) provide for reimbursement of such facility for the 
        reasonable value of such care; and
            ``(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 Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives 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 mental health 
        care under this section.
    ``(g) Definitions.--In this section:
            ``(1) The term `emergent mental health care' means 
        emergency stabilization care provided to an individual who--
                    ``(A) presents at a Department medical facility or 
                non-Department facility with an emergent mental health 
                need, including an acute suicidal crisis; or
                    ``(B) a licensed health care professional 
                determines 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
                    ``(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 BEHAVIORAL 
              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
            (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.--Subsection (f)(2) of such 
section is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D);
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) The total cost of furnishing mental and behavioral 
        healthcare services under this section.''.
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