[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 2034 Reported in House (RH)] Union Calendar No. 47 103d CONGRESS 1st Session H. R. 2034 [Report No. 103-92] _______________________________________________________________________ A BILL To amend title 38, United States Code, to revise and improve veterans' health programs, and for other purposes. _______________________________________________________________________ May 13, 1993 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 47 103d CONGRESS 1st Session H. R. 2034 [Report No. 103-92] To amend title 38, United States Code, to revise and improve veterans' health programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1993 Mr. Rowland (for himself and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Veterans' Affairs May 13, 1993 Additional sponsors: Mr. Kennedy, and Mr. Bishop May 13, 1993 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend title 38, United States Code, to revise and improve veterans' health programs, 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; REFERENCES TO TITLE 38, UNITED STATES CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans' Health Programs Amendments of 1993''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; references to title 38, United States Code; table of contents. TITLE I--HEALTH CARE PLANNING AND PROGRAMS Sec. 101. Health care facilities missions. Sec. 102. Pilot program for noninstitutional alternatives to nursing home care. TITLE II--MEDICAL FACILITIES ACQUISITION Sec. 201. Major construction projects authorization. Sec. 202. Revision to prospectus requirements. Sec. 203. Prioritization methodology. Sec. 204. Assessment of need for nursing home beds in Chesapeake network area. TITLE III--ADMINISTRATION Sec. 301. Authority for expedited reorganization of medical facilities in event of a life-threatening emergency. Sec. 302. Clarification of contracting limitation. TITLE IV--STATE HOME PROGRAM Sec. 401. Per diem for adult day health care. Sec. 402. Construction assistance program. Sec. 403. Sharing of resources with State homes. TITLE V--MISCELLANEOUS Sec. 501. Department of Veterans Affairs research advisory committees. Sec. 502. Limitation on claims for copayments. Sec. 503. Child care services. TITLE I--HEALTH CARE PLANNING AND PROGRAMS SEC. 101. HEALTH CARE FACILITIES MISSIONS. (a) In General.--The Secretary of Veterans Affairs shall prescribe a specific, detailed statement of the mission of, and the clinical programs to be operated at, each health care facility of the Department, determined based upon a requirement that each such facility operate within a network of Department facilities in the same geographic area which, taken together, provide a full range of services for veterans. (b) Purposes of Mission Statements.--The mission statements shall be designed so as to permit-- (1) effective planning; (2) reduction in duplication of services and programs in the same geographic area; (3) realignment of services among facilities within each network; (4) improved means of resource distribution; and (5) more efficient delivery of needed services. (c) Review of Current Missions.--In preparing the mission statements under subsection (a), the Secretary shall review the existing missions and clinical programs at each health care facility of the Department. (d) Deadline and Report.--The Secretary, not later than nine months after the date of the enactment of this Act, shall-- (1) prescribe the mission statements required by subsection (a); and (2) submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section and on the timetable and projected milestones for implementing actions to enable each such facility to carry out fully its prescribed missions. SEC. 102. PILOT PROGRAM FOR NONINSTITUTIONAL ALTERNATIVES TO NURSING HOME CARE. (a) Extension of Program.--Subsection (a) of section 1720C is amended by striking out ``During the four-year period beginning on October 1, 1990,'' and inserting in lieu thereof ``During the period through September 30, 1997,''. (b) Veterans Eligible To Participate in Program.--Such subsection is further amended by striking out ``care and who--'' and inserting in lieu thereof ``care. The Secretary shall give priority for participation in such program to veterans who--''. (c) Program Funding.--Such section is further amended by adding at the end the following new subsection: ``(f) The Secretary shall carry out the pilot program under this section using funds available for the community nursing home program under section 1720 of this title.''. (d) Report Deadlines.--Section 201(b) of the Department of Veterans Affairs Nurse Pay Act of 1990 (Public Law 101-366; 104 Stat. 438) is amended-- (1) by striking out ``February 1, 1994,'' and inserting in lieu thereof ``February 1, 1997,''; and (2) by striking out ``September 30, 1993,'' and inserting in lieu thereof ``September 30, 1996,''. TITLE II--MEDICAL FACILITIES ACQUISITION SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL FACILITY LEASES. (a) Authorization of Projects and Leases in Budget.--Except as provided in subsection (b), the Secretary of Veterans Affairs may carry out the major medical facility projects for the Department of Veterans Affairs, and may carry out the major medical facility leases for that Department, for which funds are requested in the budget of the President for fiscal year 1994. (b) Nonauthorized Projects.--The Secretary is not authorized to carry out the project for which funds are requested in the budget of the President for fiscal year 1994 for the construction of a nursing home facility in Baltimore, Maryland. (c) Authorization of Design for Certain Future Projects.--In addition to the projects authorized in subsection (a), the Secretary may carry out design of the following major medical facility projects, in the amounts specified: (1) Construction of an outpatient care addition at the Department of Veterans Affairs Medical Center in San Juan, Puerto Rico, $3,970,000. (2) Construction of a spinal cord injury unit and energy center at the Department of Veterans Affairs Medical Center in Tampa, Florida, $4,490,000. (3) Construction of an outpatient care addition at the Department of Veterans Affairs Medical Center in West Haven, Connecticut, $4,860,000. (d) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1994-- (1) $110,420,000 for the major medical facility projects authorized in subsections (a) and (c); and (2) $50,123,105 for the major medical facility leases authorized in subsection (a). (e) Limitation.--The projects authorized in subsections (a) and (c) may only be carried out using-- (1) funds appropriated for fiscal year 1994 pursuant to the authorization of appropriations in subsection (d); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1994 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1994 for a category of activity not specific to a project. SEC. 202. REVISION TO PROSPECTUS REQUIREMENTS. (a) Additional Information.--Section 8104(b) is amended-- (1) by striking out ``shall include--'' and inserting in lieu thereof ``shall include:''; (2) in paragraph (1)-- (A) by striking out ``a detailed'' and inserting in lieu thereof ``A detailed''; and (B) by striking out the semicolon at the end and inserting in lieu thereof a period; (3) in paragraph (2)-- (A) by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (B) by striking out ``; and'' and inserting in lieu thereof a period; (4) in paragraph (3), by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (5) by adding at the end the following new paragraphs: ``(4) Demographic data applicable to the project. ``(5) Current and projected workload and utilization data. ``(6) The relationship between the mission of the facility and the missions and capabilities of other nearby Department facilities and, as applicable, the availability or lack of availability of alternative sources of service in the community and the cost-effectiveness of using such alternative sources. ``(7) Current and projected operating costs of the facility. ``(8) The raw score assigned to the proposal under the Department's prioritization methodology and, if the project is being proposed for funding ahead of a project with a higher score, a comprehensive explanation of the specific factors on the basis of which the project is being proposed for funding ahead of each such higher-scored project. ``(9) A listing of each alternative to construction of the facility that has been considered.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any prospectus submitted by the Secretary of Veterans Affairs after the date of the enactment of this Act. SEC. 203. PRIORITIZATION METHODOLOGY. (a) Review of Methodology.--The Secretary of Veterans Affairs shall conduct a review of the methodology used by the Department for establishing the relative priority for major construction projects under consideration in the Department. (b) Revision.--Based upon the review under subsection (a), the Secretary shall revise the prioritization methodology so as to give additional weight, as determined appropriate by the Secretary taking into consideration particularly the needs of the aging veteran population, to projects intended to expand long-term care and ambulatory care programs. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the actions of the Secretary in carrying out this section. SEC. 204. ASSESSMENT OF NEED FOR NURSING HOME BEDS IN CHESAPEAKE NETWORK AREA. (a) Assessment.--The Secretary of Veterans Affairs shall conduct an assessment of the need for nursing home beds operated by the Secretary in the area (referred to as the ``Chesapeake network'') served by the Department of Veterans Affairs medical centers in Baltimore, Maryland; Fort Howard, Maryland; Martinsburg, West Virginia; Perry Point, Maryland; and Washington, DC. (b) Matters To Be Determined By Secretary.--In conducting the assessment, the Secretary shall determine-- (1) what the specific mission of each medical center operated by the Secretary in the Chesapeake network should be to achieve the purposes identified in section 101; (2) whether there is a need for expansion and modernization of the nursing home care unit at the medical center at Fort Howard, Maryland; and (3) what effect the construction of nursing home beds in Baltimore, Maryland, as proposed in the President's budget for the Department of Veterans Affairs for fiscal year 1994, would have for the missions of each of the other medical centers operated by the Secretary in the Chesapeake network. (c) Report on Assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the assessment under subsection (a). The Secretary shall include in the report a statement of each determination made by the Secretary under subsection (b). TITLE III--ADMINISTRATION SEC. 301. AUTHORITY FOR EXPEDITED REORGANIZATION OF MEDICAL FACILITIES IN EVENT OF A LIFE-THREATENING EMERGENCY. Section 510 is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): ``(e)(1) The limitation in subsection (b) does not apply with respect to an administrative reorganization at a medical facility if the Secretary determines that the reorganization is necessary to respond to an emergency situation at that facility. ``(2) The Secretary may determine that there is an emergency situation at a medical facility for purposes of paragraph (1) only if the Secretary determines (A) that circumstances at the facility are such that patients and employees at the facility face imminent danger because of conditions at the facility that are permanent in nature, and (B) that those conditions are not susceptible to repair or that it is not feasible to repair those conditions. ``(3) For purposes of this subsection, an emergency situation may not be considered to exist in anticipation of, but before the occurrence of an event giving rise to any consideration of an administrative reorganization. ``(4) Whenever the Secretary determines under paragraph (1) that it is necessary to carry out an administrative reorganization at a medical facility without regard to the limitation in subsection (b), the Secretary shall promptly submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report describing the administrative reorganization. The report shall provide the same information as is provided in a detailed plan and justification under subsection (g)(2). The Secretary shall include in the report an explanation of each alternative to the proposed administrative organization that was considered and each factor that was considered in the decision to reject each such alternative.''. SEC. 302. CLARIFICATION OF CONTRACTING LIMITATION. Section 8110(c)(3) is amended-- (1) by striking out ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C) and in that subparagraph striking out ``section 213 or 4117'' and inserting in lieu thereof ``section 7409''; and (3) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) to a contract under section 513 of this title if the Under Secretary for Health certifies to the Secretary in writing, before the contract is entered into, that the contract is necessary in order to provide services to eligible veterans at a Department health-care facility that could not otherwise be provided at such facility; or''. TITLE IV--STATE HOME PROGRAM SEC. 401. PER DIEM FOR ADULT DAY HEALTH CARE. (a) In General.--Subsection (a) of section 1741 is amended to read as follows: ``(a)(1) The Secretary shall pay to each State a per diem amount for each veteran receiving domiciliary care, nursing home care, hospital care, or adult day health care in a State home if the veteran is eligible to receive that care in a Department facility. ``(2) The per diem rate to be paid under this subsection is as follows: ``(A) For domiciliary care, $11.79 for each day. ``(B) For nursing home care and hospital care, $27.61 for each day. ``(C) For adult day health care, $16.50 for each day.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to adult day health care provided in a State home after September 30, 1993. SEC. 402. CONSTRUCTION ASSISTANCE PROGRAM. (a) In General.--Subchapter III of chapter 81 is amended as follows: (1) Section 8131(3) is amended by inserting ``or adult day health care'' after ``hospital care''. (2) Section 8132 is amended by inserting ``adult day health care'' after ``hospital care''. (3) Section 8135(a)(4) is amended by inserting ``and, in the case of adult day health care, not more than 25 percent of the number of patients participating in that program,'' after ``occupancy''. (4) Section 8135(b) is amended-- (A) in paragraph (2)(C), by inserting ``or adult day health care facilities'' after ``domiciliary beds''; and (B) in paragraph (3)(A), by inserting ``, or would involve expansion, remodeling, or alteration of existing buildings for the furnishing of adult day health care'' after ``buildings''. (5) Section 8136 is amended by inserting ``adult day health care'' after ``hospital care''. (6) The heading of such subchapter is amended to read as follows: ``SUBCHAPTER III--STATE HOME FACILITIES FOR FURNISHING DOMICILIARY CARE, NURSING HOME CARE, ADULT DAY HEALTH CARE, AND HOSPITAL CARE''. (b) Clerical Amendment.--The item relating to subchapter III in the table of sections at the beginning of chapter 81 is amended to read as follows: ``SUBCHAPTER III--STATE HOME FACILITIES FOR FURNISHING DOMICILIARY CARE, NURSING HOME CARE, ADULT DAY HEALTH CARE, AND HOSPITAL CARE''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to grants made to States using funds appropriated after the date of the enactment of this Act. SEC. 403. SHARING OF RESOURCES WITH STATE HOMES. (a) Purpose.--Section 8151 is amended by adding at the end the following: ``It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agreements with State veterans facilities for the sharing of health-care resources.''. (b) Definition.--Section 8152 is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) The term `health-care resource' includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title, any other health- care service, and any health-care support or administrative resource.''. (c) Sharing of Health-Care Resources.--Section 8153(a) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking out ``other form of agreement,'' and all that follows and inserting in lieu thereof ``other form of agreement for the mutual use, or exchange of use, of-- ``(A) specialized medical resources between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and ``(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title. ``(2) The Secretary may execute a contract or other agreement under paragraph (1) only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans' care are not used to their maximum effective capacity.''. TITLE V--MISCELLANEOUS SEC. 501. DEPARTMENT OF VETERANS AFFAIRS RESEARCH ADVISORY COMMITTEES. (a) Statutory Basis for Research Advisory Committees.--Chapter 5 is amended by adding at the end of subchapter III the following new section: ``Sec. 544. Veterans research advisory committees ``(a) Congress declares that each of the veterans research advisory committees specified in subsection (c) (previously established by the Secretary in carrying out the duties of the Secretary under section 7303 of this title) has a continuing, ongoing function that is integrally related to the successful completion by the Department of its statutory duties. Each such committee shall, for all purposes, operate as though such committee had been established by, and chartered pursuant to, law. The objectives and scope of the activities of each such committee and the duties for which the committee is responsible, as specified by the Secretary as of March 1, 1993, shall be those in effect as of that date. ``(b) The Secretary may not terminate a veterans' research advisory committee specified in subsection (c) unless the Secretary finds that the committee is no longer needed. Not less than 120 days before terminating such a committee, the Secretary shall submit to the congressional veterans' affairs committees a report on the proposed termination. The report shall include an explanation of (1) the basis for the Secretary's determination that such committee is no longer needed, and (2) the manner in which the Secretary will carry out the Secretary's responsibilities under section 7303 of this title in the absence of the committee. ``(c) For purposes of this section, each of the following committees and boards, as established by the Secretary as of March 1, 1993, shall be considered to be a veterans' research advisory committee: ``(1) The Career Development Committee. ``(2) The Department of Veterans Affairs Cooperative Studies Evaluation Committee. ``(3) The Merit Review Board for Basic Sciences Programs. ``(4) The Merit Review Board for Cardiovascular Programs. ``(5) The Merit Review Board for Clinical Pharmacology, Alcoholism, and Drug Dependence Programs. ``(6) The Merit Review Board for Endocrinology Programs. ``(7) The Merit Review Board for Gastroenterology Programs. ``(8) The Merit Review Board for Hematology Programs. ``(9) The Merit Review Board for Immunology Programs. ``(10) The Merit Review Board for Infectious Diseases Programs. ``(11) The Merit Review Board for Mental Health and Behavioral Sciences Programs. ``(12) The Merit Review Board for Nephrology Programs. ``(13) The Merit Review Board for Neurobiology Programs. ``(14) The Merit Review Board for Oncology Programs. ``(15) The Merit Review Board for Respiration Programs. ``(16) The Merit Review Board for Surgery Programs. ``(17) The Scientific Review Evaluation Board for Health Services Research and Development. ``(18) The Scientific Review Evaluation Board for Rehabilitation Research and Development.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 is amended by inserting after the item relating to section 543 the following new item: ``544. Veterans research advisory committees.''. SEC. 502. LIMITATION ON CLAIMS FOR COPAYMENTS. (a) Hospital Care and Nursing Home Care.--Section 1710(f) is amended by adding at the end the following new paragraph: ``(6) A veteran may not be required to make a payment under this subsection for any day of care if the Secretary does not notify the veteran in writing of the amount owed for that care before the end of the two-year period beginning on the date on which the care is provided, unless the reason the Secretary did not notify the veteran within such period was due to reliance by the Secretary on information furnished by the veteran to the Secretary which was subsequently determined to be erroneous.''. (b) Outpatient Medical Services.--Section 1712(f) is amended by adding at the end the following new paragraph: ``(5) A veteran may not be required to make a payment under this subsection for any medical services if the Secretary does not notify the veteran in writing of the amount owed for those services before the end of the two-year period beginning on the date on which the services were provided, unless the reason the Secretary did not notify the veteran within such period was due to reliance by the Secretary on information furnished by the veteran to the Secretary which was subsequently determined to be erroneous.''. (c) Medications.--Section 1722A(a) is amended by adding at the end the following new paragraph: ``(3) A veteran may not be required to make a payment under this subsection for any supply of medication if the Secretary does not notify the veteran in writing of the amount owed for that medication before the end of the two-year period beginning on the date on which the medication is supplied, unless the reason the Secretary did not notify the veteran within such period was due to reliance by the Secretary on information furnished by the veteran to the Secretary which was subsequently determined to be erroneous.''. SEC. 503. CHILD CARE SERVICES. (a) Revised Child Care Authority.--Chapter 81 is amended by inserting after section 8116 the following new section: ``Sec. 8117. Child care centers ``(a) The Secretary may provide for the operation of child care centers at Department facilities. The operation of such centers under this section shall be carried out to the extent that the Secretary determines, based on the demand of employees of the Department for the care involved, that such operation is in the best interest of the Department and that it is practicable to do so. ``(b)(1) In offering child care services under this section, the Secretary shall give priority (in the following order) to employees of-- ``(A) the Department; ``(B) other departments and agencies of the Federal Government, and ``(C) schools affiliated with the Department and corporations created under section 7361 of this title. ``(2) To the extent that space is available, the Secretary may provide child care services to members of the public at a child care center operated under this section if the Secretary determines that to do so is necessary to assure the financial success of that center. ``(c)(1) The Secretary shall establish reasonable charges for child care services provided at each child care center operated under this section. Such charges may be established at different rates for different centers. ``(2) In establishing charges for child care services provided at a center, the Secretary-- ``(A) shall (except as provided in paragraph (3)) establish the charges so as to ensure that the sum of all charges for child care services at that center is sufficient to meet the staffing expenses of that center; and ``(B) may also consider the expenses of constructing or acquiring space for the center, the expenses of converting existing space into the center, and the expenses of equipment and services furnished to the center under subsection (d)(2). ``(3) The Secretary may establish charges for child care services provided at a center at rates less than those necessary to ensure that the sum of all charges for child care services at that center is sufficient to meet the staffing expenses of that center if the Secretary determines (with respect to a particular facility of the Department) that-- ``(A) the operation of a child care center at that facility would help overcome serious recruitment or retention problems; ``(B) adherence to the requirement to establish charges for child care services at that center at rates sufficient to meet the staffing expenses of that center would make the operation of a child care center at that facility unfeasible; and ``(C) there are no other practical alternatives to meeting the needs of employees at that facility for child care services. ``(4) Proceeds from charges for child care services shall be credited to the applicable Department of Veterans Affairs account and shall be allotted to the facility served by the child care center and shall remain available until expended. ``(d) In connection with the establishment and operation of a child care center under this section, the Secretary-- ``(1) may construct or alter space in any Department facility, and may lease space in a non-Department facility for a term not to exceed 20 years, for use as a child care center; ``(2) may provide, out of operating funds, other items and services necessary for the operation of the center, including furniture, office machines and equipment, utility and custodial services, and other necessary services and amenities; ``(3) shall provide for the participation (directly or through a parent advisory committee) of parents of children receiving care in the center in the establishment of policies to govern the operation of the center and in the oversight of the implementation of such policies; ``(4) shall require the development and use of a process for determining the fitness and suitability of prospective employees of or volunteers at the center; and ``(5) shall require in connection with the operation of the center compliance with all State and local laws, ordinances, and regulations relating to health and safety and the operation of child care centers. ``(e) The Secretary shall prescribe guidelines to carry out this section. ``(f) For the purpose of this section, the term `parent advisory committee' means a committee comprised of, and selected by, the parents of children receiving care in a child care center operated under this section.''. (b) Conforming Repeal.--Section 7809 is repealed. (c) Clerical Amendments.--(1) The table of sections at the beginning of chapter 81 is amended by inserting after the item relating to section 8116 the following new item: ``8117. Child care centers.''. (2) The table of sections at the beginning of chapter 78 is amended by striking out the item relating to section 7809. HR 2034 RH----2