I 115th CONGRESS 1st Session H. R. 3642 IN THE HOUSE OF REPRESENTATIVES August 4, 2017 Mr. Barr introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program to improve the access to private health care for veterans who are survivors of military sexual trauma.

1. Short title This Act may be cited as the Military Sexual Assault Victims Empowerment Act or the Military SAVE Act . 2. Pilot program for private health care for veterans who are survivors of military sexual trauma (a) Establishment The Secretary of Veterans Affairs, acting through the Office of Community Care of the Department of Veterans Affairs, shall carry out a pilot program to furnish hospital care and medical services to eligible veterans at non-Department health care providers to treat physical and psychological injuries or illnesses which in the judgment of a mental health professional employed by the Department resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty, active duty for training, or inactive duty training. (b) Duration The Secretary shall carry out the pilot program under subsection (a) for a three-year period. If at the completion of the pilot program an eligible veteran is receiving hospital care and medical services from a non-Department health care provider under the pilot program, the Secretary may approve, on a case by case basis, the continuation of such hospital care and medical services from that non-Department health care provider until the completion of the episode of care. (c) Eligible veterans A veteran is eligible to participate in the pilot program under subsection (a) if the veteran— (1) is eligible to participate in the program under section 1720D of title 38, United States Code; and (2) resides in a location selected under subsection (d). (d) Locations (1) Selection The Secretary shall select not more than five locations in which to carry out the pilot program under subsection (a). Each location shall meet each of the following criteria: (A) The location is within 100 miles of a major military installation, as determined by the Secretary, in the same State as the location. (B) Except as provided by paragraph (2), the location consists of a city with a population between 200,000 and 500,000, as determined by the Bureau of the Census. (C) The location is in a State in which the National Violence Against Women Prevention Research Center or the Centers for Disease Control and Prevention, or both, has determined the rate of sexual assault to be a substantial problem. (D) The location is in a State that has a weighted percentage of reported rape of not less than 20 percent but not more than 25 percent of sexual assault cases, in accordance with the finding of the Centers for Disease Control and Prevention contained in the ‘ Lifetime Prevalence of Sexual Violence by any Perpetrator (NISVS 2010). (2) Rural location Not fewer than one location selected under paragraph (1) shall be rural, as determined by the Secretary. (e) Participation (1) Election An eligible veteran may elect to participate in the pilot program under subsection (a). Such an election shall include an affidavit attesting that the veteran is eligible to participate in the program under section 1720D of title 38, United States Code. Such election shall not affect the ability of the veteran to receive health care furnished by Department providers with respect to illnesses or injuries that are not described in subsection (a). (2) Choice of non-Department health care providers The Secretary may not restrict the ability of an eligible veteran who participates in the pilot program under subsection (a) to choose from which non-Department health care provider the veteran receives hospital care or medical treatment under the pilot program. (3) Provision of information The Secretary shall— (A) notify each eligible veteran of the ability of the veteran to make an election under paragraph (1), and that such election is made without prejudice; and (B) provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the locations selected under subsection (d). (f) Payments (1) Current providers If a non-Department health care provider is entered into a contract or other agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment to veterans, the Secretary shall pay the health care provider for hospital care or medical treatment furnished under this section using the same rates and payment schedules as provided for in such contract or agreement. (2) New providers If a non-Department health care provider is not entered into an agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment to veterans, the Secretary shall pay the health care provider for hospital care or medical treatment furnished under this section using the same rates and payment schedule as if such care and treatment was furnished pursuant to section 1703 of title 38, United States Code. (g) Collection of data (1) Surveys The Secretary shall survey each eligible veteran, regardless of whether the veteran elects to participate in the pilot program under subsection (a), to assess the hospital care and medical treatment furnished to the veteran either pursuant to this section or section 1720D of title 38, United States Code, as the case may be. (2) Matters included With respect to the hospital care or medical treatment covered by this section or section 1720D of title 38, United States Code, the surveys under paragraph (1) shall ascertain the following information: (A) The number of eligible veterans who elect to participate in the pilot program under subsection (a) as compared to the number of eligible veterans who do not make such election. (B) The length of time since an eligible veteran has been discharged or released from military service. (C) The number of health care providers that the eligible veteran visited. (D) The gender of each health care provider visited. (E) The specific degree or licensure of each health care provider visited. (F) Whether the eligible veteran visited the same health care provider from the beginning of treatment to the completion of treatment, and if not, the reasons why not. (G) The length of time from the date the eligible veteran sought an appointment with a health care provider until the date on which the appointment occurred. (H) The length of time that the eligible veteran has to wait for an appointment with health care providers. (I) The distance that the eligible veteran has to travel for an appointment with health care providers. (J) The frequency of follow-up appointments made by the eligible veteran. (K) The duration of treatment furnished by health care providers. (L) Whether the eligible veteran has trouble falling asleep, and if so, the reasons why. (M) The types of any medication taken by the eligible veteran and the reasons for such use. (N) Whether the eligible veteran had an emergency situation that required mental health treatment before a scheduled appointment, and if so— (i) the mental health services that were offered and from whom; and (ii) whether the eligible veteran accepted such services, and if not, why not. (3) Timing The Secretary shall conduct surveys of eligible veterans under paragraph (1) at the following periods: (A) Upon the election made by a veteran to participate in the pilot program under subsection (a), or as soon as practicable after the Secretary determines the veteran will not make such an election. (B) During each six-month period in which the pilot program under subsection (a) is being carried out. (C) Upon the completion of the pilot program under subsection (a). (4) Questionnaires The Secretary shall ensure that each eligible veteran participating in the pilot program under subsection (a) completes the following: (A) PTSD Checklist for DSM–5 (PCL–5). (B) Patient Health Questionnaire-9 (PHQ–9). (C) The World Health Organization Quality of Life (WHOQOL)–BREF. (D) Columbia-Suicide Severity Rating Scale. (5) Research The Secretary shall assign a researcher of the Department of Veterans Affairs to the element of the Department administering the pilot program under subsection (a) to ensure the quality and integrity of the collection and analysis of the data collected under this subsection. (h) Report Not later than 60 days before the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the following: (1) The results of the pilot program, including whether eligible veterans who participated in the pilot program, as compared to eligible veterans who did not so participate— (A) are sleeping better; (B) experience fewer or more episodes of post-traumatic stress disorder or anxiety; (C) take fewer or more medications relating to illnesses or injuries described in subsection (a); (D) selected non-Department health care providers based on the gender of the provider; (E) have a lower rate of suicidal thoughts; (F) have a lower rate of suicide; and (G) believe that the eligible veterans are receiving the care that best fits the specific needs of the veterans. (2) Information with respect to the health care results of eligible veterans who did not participate in the pilot program. (3) The recommendation of the Secretary with respect to extending or making permanent the pilot program. (i) Definitions In this section: (1) The term non-Department health care provider means an entity specified in section 101(a)(1)(B) of section 101 of the Veterans Access, Choice, and Accountability Act of 2015 ( Public Law 113–146 ; 38 U.S.C. 1701 ) or any other health care provider that has entered into a contract or other agreement with the Secretary pursuant to another provision of law to furnish hospital care or medical treatment to veterans. (2) The term sexual harassment has the meaning given that term in section 1720D of title 38, United States Code. (3) The term State has the meaning given that term in section 101(20) of title 38, United States Code.