To direct the Secretary of Veterans Affairs to submit certain reports relating to medical evidence submitted in support of claims for benefits under the laws administered by the Secretary.

Bill: 115-hr-1725
Sponsor: full_name: Rep. Walz, Timothy J. [D-MN-1]
Introduced: 2017-03-24
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Disability and paralysis

Health information and medical records

Medical tests and diagnostic methods

Veterans' medical care

Veterans' pensions and compensation
Latest action: action_date: 2018-03-09
text: Became Public Law No: 115-130.

Summaries:
action_date: 2017-03-24
action_desc: Introduced in House
text: <p><strong>Quicker Veterans Benefits Delivery Act of 2017</strong></p> <p>This bill requires (current law authorizes) the Department of Veterans Affairs (VA) to accept, for purposes of establishing a claim for veterans disability benefits, a report of a medical examination administered by a private physician without requiring confirmation by a Veterans Health Administration physician if the report is sufficiently complete (defined as competent, credible, probative, and containing such information as required to make a decision on the claim for which the report is provided).</p> <p>The VA is required to submit: (1) a report on the progress of the VA's Acceptable Clinical Evidence initiative in reducing the necessity for in-person disability examinations, and (2) an annual report for each VA regional office regarding claims for which private medical evidence was determined to be unacceptable.</p>

action_date: 2017-05-19
action_desc: Reported to House with amendment(s)
text: <p> (Sec. 1) This bill requires the Department of Veterans Affairs (VA), within 180 days of enactment of this bill, to submit a report on the progress of the VA's Acceptable Clinical Evidence initiative in reducing the necessity for in-person disability examinations.</p> <p> Such report shall include: (1) the number of claims eligible for the initiative, disaggregated by fiscal year; (2) the total number of claims eligible for the initiative that required a VA medical examiner to supplement the evidence with information obtained during a telephone interview with the claimant; (3) information on other VA initiatives to encourage the use of private medical evidence; (4) the anticipated impact on the time line and accuracy of processing claims if the VA were prohibited from requesting a private medical examination that is adequate for a claims decision; and (5) recommendations on how the VA can measure, track, and prevent the ordering of unnecessary medical examinations when a private examination has been administered.</p> <p> (Sec. 2) The VA shall submit by March 1 of FY2018-FY2024 an annual report that includes for each VA regional office: (1) the number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension was scheduled for an examination by VA personnel because the private medical evidence was determined to be unacceptable, (2) the most common reasons for such determinations, and (3) the types of disabilities for which claims were most commonly denied when private medical evidence was submitted. </p>

action_date: 2017-05-23
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on May 19, 2017. The summary of that version is repeated here.)</p> <p>(Sec. 1) This bill requires the Department of Veterans Affairs (VA), within 180 days of enactment of this bill, to submit a report on the progress of the VA's Acceptable Clinical Evidence initiative in reducing the necessity for in-person disability examinations.</p> <p> Such report shall include: (1) the number of claims eligible for the initiative, disaggregated by fiscal year; (2) the total number of claims eligible for the initiative that required a VA medical examiner to supplement the evidence with information obtained during a telephone interview with the claimant; (3) information on other VA initiatives to encourage the use of private medical evidence; (4) the anticipated impact on the time line and accuracy of processing claims if the VA were prohibited from requesting a private medical examination that is adequate for a claims decision; and (5) recommendations on how the VA can measure, track, and prevent the ordering of unnecessary medical examinations when a private examination has been administered.</p> <p> (Sec. 2) The VA shall submit by March 1 of FY2018-FY2024 an annual report that includes for each VA regional office: (1) the number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension was scheduled for an examination by VA personnel because the private medical evidence was determined to be unacceptable, (2) the most common reasons for such determinations, and (3) the types of disabilities for which claims were most commonly denied when private medical evidence was submitted. </p>

action_date: 2018-02-15
action_desc: Passed Senate without amendment
text: <p>(This measure has not been amended since it was reported to the House on May 19, 2017. The summary of that version is repeated here.)</p> <p>(Sec. 1) This bill requires the Department of Veterans Affairs (VA), within 180 days of enactment of this bill, to submit a report on the progress of the VA's Acceptable Clinical Evidence initiative in reducing the necessity for in-person disability examinations.</p> <p> Such report shall include: (1) the number of claims eligible for the initiative, disaggregated by fiscal year; (2) the total number of claims eligible for the initiative that required a VA medical examiner to supplement the evidence with information obtained during a telephone interview with the claimant; (3) information on other VA initiatives to encourage the use of private medical evidence; (4) the anticipated impact on the time line and accuracy of processing claims if the VA were prohibited from requesting a private medical examination that is adequate for a claims decision; and (5) recommendations on how the VA can measure, track, and prevent the ordering of unnecessary medical examinations when a private examination has been administered.</p> <p> (Sec. 2) The VA shall submit by March 1 of FY2018-FY2024 an annual report that includes for each VA regional office: (1) the number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension was scheduled for an examination by VA personnel because the private medical evidence was determined to be unacceptable, (2) the most common reasons for such determinations, and (3) the types of disabilities for which claims were most commonly denied when private medical evidence was submitted. </p>

action_date: 2018-03-09
action_desc: Public Law
text: <p>(This measure has not been amended since it was reported to the House on May 19, 2017. The summary of that version is repeated here.)</p> <p>(Sec. 1) This bill requires the Department of Veterans Affairs (VA), within 180 days of enactment of this bill, to submit a report on the progress of the VA's Acceptable Clinical Evidence initiative in reducing the necessity for in-person disability examinations.</p> <p> Such report shall include: (1) the number of claims eligible for the initiative, disaggregated by fiscal year; (2) the total number of claims eligible for the initiative that required a VA medical examiner to supplement the evidence with information obtained during a telephone interview with the claimant; (3) information on other VA initiatives to encourage the use of private medical evidence; (4) the anticipated impact on the time line and accuracy of processing claims if the VA were prohibited from requesting a private medical examination that is adequate for a claims decision; and (5) recommendations on how the VA can measure, track, and prevent the ordering of unnecessary medical examinations when a private examination has been administered.</p> <p> (Sec. 2) The VA shall submit by March 1 of FY2018-FY2024 an annual report that includes for each VA regional office: (1) the number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension was scheduled for an examination by VA personnel because the private medical evidence was determined to be unacceptable, (2) the most common reasons for such determinations, and (3) the types of disabilities for which claims were most commonly denied when private medical evidence was submitted. </p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1725 IN THE HOUSE OF REPRESENTATIVES March 24, 2017 Mr. Walz (for himself, Mr. Denham , Mr. Langevin , Ms. McSally , Mr. Johnson of Ohio , Mr. Costello of Pennsylvania , and Ms. Kuster of New Hampshire ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation under the laws administered by the Secretary of Veterans Affairs, and for other purposes.

1. Short title This Act may be cited as the Quicker Veterans Benefits Delivery Act of 2017 . 2. Treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation (a) Acceptance of reports of private physician examinations Section 5125 of such title is amended— (1) by striking For purposes and inserting (a) In general.— ; (2) by striking may and inserting shall ; and (3) by adding at the end the following new subsection: (b) Sufficiently complete defined For purposes of a report described in subsection (a), the term sufficiently complete means competent, credible, probative, and containing such information as may be required to make a decision on the claim for which the report is provided. . (b) Effective date The amendment made by subsection (a) shall apply with respect to medical evidence submitted after the date that is 90 days after the date of the enactment of this Act. 3. Report on progress of Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, 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 the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code, as amended by section 2. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the commencement of the initiative and ending on the date of the submittal of the report, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 4. Annual report Not later than March 1 of each year, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.

tv_txt: IB 115th CONGRESS 1st Session H. R. 1725 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Veterans Affairs to submit certain reports relating to medical evidence submitted in support of claims for benefits under the laws administered by the Secretary.

1. Report on progress of Department of Veterans Affairs Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, 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 the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the commencement of the initiative and ending on the date of the submittal of the report, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 2. Annual report on submittal of private medical evidence in support of claims for Department of Veterans Affairs benefits Not later than March 1 of fiscal years 2018 through 2024, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.

Passed the House of Representatives May 23, 2017. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 1st Session H. R. 1725 IN THE SENATE OF THE UNITED STATES May 24, 2017 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT To direct the Secretary of Veterans Affairs to submit certain reports relating to medical evidence submitted in support of claims for benefits under the laws administered by the Secretary.

1. Report on progress of Department of Veterans Affairs Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, 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 the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the commencement of the initiative and ending on the date of the submittal of the report, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 2. Annual report on submittal of private medical evidence in support of claims for Department of Veterans Affairs benefits Not later than March 1 of fiscal years 2018 through 2024, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.

Passed the House of Representatives May 23, 2017. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 82 115th CONGRESS 1st Session H. R. 1725 [Report No. 115–133] IN THE HOUSE OF REPRESENTATIVES March 24, 2017 Mr. Walz (for himself, Mr. Denham , Mr. Langevin , Ms. McSally , Mr. Johnson of Ohio , Mr. Costello of Pennsylvania , and Ms. Kuster of New Hampshire ) introduced the following bill; which was referred to the Committee on Veterans' Affairs May 19, 2017 Additional sponsors: Mr. Higgins of New York and Ms. Shea-Porter May 19, 2017 Reported with amendments, 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 March 24, 2017 A BILL To amend title 38, United States Code, to improve the treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation under the laws administered by the Secretary of Veterans Affairs, and for other purposes.

1. Report on progress of Department of Veterans Affairs Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, 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 the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the commencement of the initiative and ending on the date of the submittal of the report, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 2. Annual report on submittal of private medical evidence in support of claims for Department of Veterans Affairs benefits Not later than March 1 of fiscal years 2018 through 2024, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.

Amend the title so as to read: A bill to direct the Secretary of Veterans Affairs to submit certain reports relating to medical evidence submitted in support of claims for benefits under the laws administered by the Secretary. .

May 19, 2017 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IB One Hundred Fifteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen H. R. 1725 AN ACT To direct the Secretary of Veterans Affairs to submit certain reports relating to medical evidence submitted in support of claims for benefits under the laws administered by the Secretary.

1. Report on progress of Department of Veterans Affairs Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, 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 the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the commencement of the initiative and ending on the date of the submittal of the report, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 2. Annual report on submittal of private medical evidence in support of claims for Department of Veterans Affairs benefits Not later than March 1 of fiscal years 2018 through 2024, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.