Military SAVE Act

Bill: 115-hr-3642
Sponsor: full_name: Rep. Barr, Andy [R-KY-6]
Introduced: 2017-08-04
Policy area: Armed Forces and National Security
Subjects: Assault and harassment offenses

Congressional oversight

Crime victims

Crimes against women

Health care coverage and access

Health information and medical records

Hospital care

Mental health

Military education and training

Rural conditions and development

Sex offenses

Veterans' medical care
Latest action: action_date: 2018-05-22
text: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Summaries:
action_date: 2017-08-04
action_desc: Introduced in House
text: <p><b>Military Sexual Assault Victims Empowerment Act or the Military SAVE Act</b></p> <p>This bill directs the Department of Veterans Affairs (VA), through the Office of Community Care, to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat physical and psychological injuries or illnesses that, in the judgment of a VA mental health professional, resulted from sexual assault or battery or sexual harassment while the veteran was serving on active duty, active duty for training, or inactive duty training.</p> <p>The program shall be carried out at not more than five locations, at least one of which shall be a rural location, based upon criteria including: (1) distance from a military installation, (2) city size, and (3) rates of sexual assault and rape. </p> <p>An eligible veteran may elect to participate in the pilot program. </p> <p>The VA may not restrict a participant's ability to choose the non-VA health care provider. </p> <p>The bill: (1) sets forth payment provisions for current and new non-VA providers, and (2) provides for program data collection and analysis.</p>

action_date: 2018-05-18
action_desc: Reported to House with amendment(s)
text: <p><b>Military Sexual Assault Victims Empowerment Act or the Military SAVE Act</b></p> <p>This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training.</p> <p>Program participation shall not affect a veteran's ability to receive VA health care.</p> <p>An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements.</p> <p>The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site.</p> <p>The bill sets forth payment provisions for current and new non-VA providers.</p>

action_date: 2018-05-21
action_desc: Passed House amended
text: <p><b>Military Sexual Assault Victims Empowerment Act or the Military SAVE Act</b></p> <p> (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training.</p> <p>Program participation shall not affect a veteran's ability to receive VA health care.</p> <p>An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements.</p> <p>The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site.</p> <p>The bill sets forth payment provisions for current and new non-VA providers.</p>

tv_txt: 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.

tv_txt: I 115th CONGRESS 2d Session H. R. 3642 IN THE HOUSE OF REPRESENTATIVES AN ACT 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 shall carry out a pilot program to furnish hospital care and medical services to eligible veterans through non-Department health care providers to treat injuries or illnesses which, in the judgment of a 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 3-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 receive counseling and appropriate care and services under section 1720D of title 38, United States Code; and (2) resides in a site selected under subsection (d). (d) sites (1) Selection The Secretary shall select not more than five sites in which to carry out the pilot program under subsection (a). Each site shall meet each of the following criteria: (A) Except as provided by paragraph (2), the site consists of a city with a population between 200,000 and 500,000, as determined by the Bureau of the Census as of the first day of the pilot program. (B) The site 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. (C) The site is in a State that, as of the first day of the pilot program, has a weighted percentage of reported rape of not less than 20 percent but not more than 30 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 site Not fewer than one site selected under paragraph (1) shall be rural, as determined by the Secretary. (e) Participation (1) Election Subject to paragraph (2), an eligible veteran may elect to participate in the pilot program under subsection (a). Such election shall not affect the ability of the veteran to receive health care furnished by Department providers. (2) Number Not more than 75 veterans may participate in the pilot program under subsection (a) at each site selected under subsection (d). (3) Choice of non-Department health care providers An eligible veteran who participates in the pilot program under subsection (a) may freely choose from which non-Department health care provider the veteran receives hospital care or medical services under the pilot program, except that the Secretary shall— (A) ensure that each such non-Department health care provider maintains at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for the purposes of this section; and (B) make a reasonable effort to ensure that such non-Department health care provider is familiar with the conditions and concerns that affect members of the Armed Forces and veterans and is trained in evidence-based psychotherapy. (4) Provision of information The Secretary shall— (A) notify eligible veterans of the ability to make an election under paragraph (1); and (B) provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the sites selected under subsection (d). (f) Authorization and monitoring of care In accordance with subsection (e), the Secretary shall ensure that the Department of Veterans Affairs authorizes and monitors the hospital care and medical services furnished under the pilot program for appropriateness and necessity. In authorizing and monitoring such care, the Secretary shall— (1) treat a non-Department health care provider that furnishes to such a veteran hospital care or medical services under the pilot program as an authorized recipient of records of such veteran for purposes of section 7332(b) of title 38, United States Code; and (2) ensure that such non-Department health care provider transmits to the Department such records as the Secretary determines appropriate. (g) Payments (1) Current providers If a non-Department health care provider has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedules as provided for in such contract, agreement, or other arrangement. (2) New providers If a non-Department health care provider has not entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedule as if such care and services was furnished pursuant to section 1703 of title 38, United States Code. (3) New Contracts And Agreements The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrangement with a non-Department health care provider described in subsection (a) to ensure that future care and services authorized by the Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement. (h) Surveys The Secretary shall conduct a survey of a sample of eligible veterans to assess the hospital care and medical services furnished to such veterans either pursuant to this section or section 1720D of title 38, United States Code, as the case may be. (i) 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, to the extent possible, an assessment of the health outcomes of veterans who participated in the pilot program. (2) The recommendation of the Secretary with respect to extending or making permanent the pilot program. (j) 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, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services 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. 3. No additional funds authorized No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.

Passed the House of Representatives May 21, 2018. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 526 115th CONGRESS 2d Session H. R. 3642 [Report No. 115–683] IN THE HOUSE OF REPRESENTATIVES August 4, 2017 Mr. Barr introduced the following bill; which was referred to the Committee on Veterans' Affairs May 18, 2018 Additional sponsors: Mr. Curbelo of Florida , Mr. Guthrie , Ms. Jackson Lee , Ms. Jenkins of Kansas , Mr. Jones , Mr. Lance , Mr. Meehan , Mrs. Radewagen , Mr. Rush , Ms. Sinema , Mr. Ryan of Ohio , Ms. Speier , Mrs. Walorski , Mrs. Watson Coleman , Ms. Gabbard , Mr. Fortenberry , Ms. Stefanik , Mr. Byrne , Mr. Chabot , Mr. Lipinski , Mr. Rogers of Kentucky , Mr. Moolenaar , Mr. Yoho , Mr. Delaney , Mr. Pearce , Mr. Yarmuth , Mr. Khanna , Mrs. Brooks of Indiana , Mr. Webster of Florida , Mr. Upton , Mrs. Beatty , Mr. Ross , Ms. Adams , Mr. Joyce of Ohio , Mrs. Lawrence , Mrs. Wagner , Mr. Vargas , Ms. Clarke of New York , Mrs. Love , Mr. Issa , Mr. MacArthur , Mr. Kilmer , Mr. Bishop of Michigan , Mr. Knight , Mr. Cooper , Mrs. Comstock , Mr. DeFazio , Mr. Messer , Mr. Donovan , Mr. Yoder , Mr. Ratcliffe , Ms. Roybal-Allard , Mr. Rice of South Carolina , Mr. Capuano , Mr. Valadao , Mr. Posey , Mr. Paulsen , Mr. Jordan , Mr. Himes , Mr. Mooney of West Virginia , Mr. Buck , Mr. Rothfus , Ms. Moore , Mr. Bucshon , Mr. Huizenga , Mr. Poliquin , Mr. Palazzo , Mr. Collins of New York , Mr. Ruppersberger , Ms. Matsui , Mr. McKinley , Mr. Jody B. Hice of Georgia , Mr. Cuellar , and Mr. Faso May 18, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on August 4, 2017 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 shall carry out a pilot program to furnish hospital care and medical services to eligible veterans through non-Department health care providers to treat injuries or illnesses which, in the judgment of a 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 receive counseling and appropriate care and services under section 1720D of title 38, United States Code; and (2) resides in a site selected under subsection (d). (d) sites (1) Selection The Secretary shall select not more than five sites in which to carry out the pilot program under subsection (a). Each site shall meet each of the following criteria: (A) Except as provided by paragraph (2), the site consists of a city with a population between 200,000 and 500,000, as determined by the Bureau of the Census as of the first day of the pilot program. (B) The site 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. (C) The site is in a State that, as of the first day of the pilot program, has a weighted percentage of reported rape of not less than 20 percent but not more than 30 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 site Not fewer than one site selected under paragraph (1) shall be rural, as determined by the Secretary. (e) Participation (1) Election Subject to paragraph (2), an eligible veteran may elect to participate in the pilot program under subsection (a). Such election shall not affect the ability of the veteran to receive health care furnished by Department providers. (2) Number Not more than 75 veterans may participate in the pilot program under subsection (a) at each site selected under subsection (d). (3) Choice of non-Department health care providers An eligible veteran who participates in the pilot program under subsection (a) may freely choose from which non-Department health care provider the veteran receives hospital care or medical services under the pilot program, except that the Secretary shall— (A) ensure that each such non-Department health care provider maintains at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for the purposes of this section; and (B) make a reasonable effort to ensure that such non-Department health care provider is familiar with the conditions and concerns that affect members of the Armed Forces and veterans and is trained in evidence-based psychotherapy (4) Provision of information The Secretary shall— (A) notify eligible veterans of the ability to make an election under paragraph (1); and (B) provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the sites selected under subsection (d). (f) Authorization and monitoring of care In accordance with subsection (e), the Secretary shall ensure that the Department of Veterans Affairs authorizes and monitors the hospital care and medical services furnished under the pilot program for appropriateness and necessity. In authorizing and monitoring such care, the Secretary shall— (1) treat a non-Department health care provider that furnishes to such a veteran hospital care or medical services under the pilot program as an authorized recipient of records of such veteran for purposes of section 7332(b) of title 38, United States Code; and (2) ensure that such non-Department health care provider transmits to the Department such records as the Secretary determines appropriate. (g) Payments (1) Current providers If a non-Department health care provider has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedules as provided for in such contract, agreement, or other arrangement. (2) New providers If a non-Department health care provider has not entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedule as if such care and services was furnished pursuant to section 1703 of title 38, United States Code. (3) New Contracts And Agreements The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrangement with a non-Department health care provider described in subsection (a) to ensure that future care and services authorized by the Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement (h) Surveys The Secretary shall conduct a survey of a sample of eligible veterans to assess the hospital care and medical services furnished to such veterans either pursuant to this section or section 1720D of title 38, United States Code, as the case may be. (i) 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, to the extent possible, an assessment of the health outcomes of veterans who participated in the pilot program. (2) The recommendation of the Secretary with respect to extending or making permanent the pilot program. (j) 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, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services 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.

May 18, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 115th CONGRESS 2d Session H. R. 3642 IN THE SENATE OF THE UNITED STATES May 22, 2018 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT 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 shall carry out a pilot program to furnish hospital care and medical services to eligible veterans through non-Department health care providers to treat injuries or illnesses which, in the judgment of a 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 3-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 receive counseling and appropriate care and services under section 1720D of title 38, United States Code; and (2) resides in a site selected under subsection (d). (d) sites (1) Selection The Secretary shall select not more than five sites in which to carry out the pilot program under subsection (a). Each site shall meet each of the following criteria: (A) Except as provided by paragraph (2), the site consists of a city with a population between 200,000 and 500,000, as determined by the Bureau of the Census as of the first day of the pilot program. (B) The site 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. (C) The site is in a State that, as of the first day of the pilot program, has a weighted percentage of reported rape of not less than 20 percent but not more than 30 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 site Not fewer than one site selected under paragraph (1) shall be rural, as determined by the Secretary. (e) Participation (1) Election Subject to paragraph (2), an eligible veteran may elect to participate in the pilot program under subsection (a). Such election shall not affect the ability of the veteran to receive health care furnished by Department providers. (2) Number Not more than 75 veterans may participate in the pilot program under subsection (a) at each site selected under subsection (d). (3) Choice of non-Department health care providers An eligible veteran who participates in the pilot program under subsection (a) may freely choose from which non-Department health care provider the veteran receives hospital care or medical services under the pilot program, except that the Secretary shall— (A) ensure that each such non-Department health care provider maintains at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for the purposes of this section; and (B) make a reasonable effort to ensure that such non-Department health care provider is familiar with the conditions and concerns that affect members of the Armed Forces and veterans and is trained in evidence-based psychotherapy. (4) Provision of information The Secretary shall— (A) notify eligible veterans of the ability to make an election under paragraph (1); and (B) provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the sites selected under subsection (d). (f) Authorization and monitoring of care In accordance with subsection (e), the Secretary shall ensure that the Department of Veterans Affairs authorizes and monitors the hospital care and medical services furnished under the pilot program for appropriateness and necessity. In authorizing and monitoring such care, the Secretary shall— (1) treat a non-Department health care provider that furnishes to such a veteran hospital care or medical services under the pilot program as an authorized recipient of records of such veteran for purposes of section 7332(b) of title 38, United States Code; and (2) ensure that such non-Department health care provider transmits to the Department such records as the Secretary determines appropriate. (g) Payments (1) Current providers If a non-Department health care provider has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedules as provided for in such contract, agreement, or other arrangement. (2) New providers If a non-Department health care provider has not entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedule as if such care and services was furnished pursuant to section 1703 of title 38, United States Code. (3) New Contracts And Agreements The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrangement with a non-Department health care provider described in subsection (a) to ensure that future care and services authorized by the Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement. (h) Surveys The Secretary shall conduct a survey of a sample of eligible veterans to assess the hospital care and medical services furnished to such veterans either pursuant to this section or section 1720D of title 38, United States Code, as the case may be. (i) 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, to the extent possible, an assessment of the health outcomes of veterans who participated in the pilot program. (2) The recommendation of the Secretary with respect to extending or making permanent the pilot program. (j) 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, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services 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. 3. No additional funds authorized No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.

Passed the House of Representatives May 21, 2018. Karen L. Haas, Clerk.