What This Bill Does
This bill creates a new advisory group called the "Commission on Eligibility" to study and review who qualifies for health care from the Department of Veterans Affairs. The commission will evaluate current eligibility rules and suggest ways to make them simpler and clearer. (Sec. 2)
Who It Affects
- Veterans seeking health care benefits
- The Department of Veterans Affairs
- Congress members who appoint commission members
- The President
- Federal agencies that may provide information to the commission
Key Provisions
- A 15-member commission will be appointed to examine eligibility for Veterans Affairs health care, with members chosen by House leaders, Senate leaders and the President. At least eight members must be veterans. (Sec. 2(a))
- The commission must evaluate different types of eligibility including service-connected conditions, mental health care, long-term care, copayments and other cost-sharing, and eligibility rules for veterans with other insurance coverage like Medicare. (Sec. 2(b)(2))
- The commission must submit an interim report 90 days after its first meeting and a final report one year after its first meeting, both containing findings and recommendations to simplify eligibility rules. (Sec. 2(b)(3))
- The President must direct the Secretary of Veterans Affairs and other relevant federal agency leaders to implement recommendations that are feasible and can be done without new laws. (Sec. 2(g)(1))
- The President must submit a report to Congress within 60 days of receiving the commission's report describing which recommendations are feasible and what actions will be taken. (Sec. 2(g)(2))
What Changes
If enacted, this bill establishes a new commission that did not previously exist. The commission will review veterans' health care eligibility rules and recommend changes. The President's administration will then be required to act on recommendations that don't need congressional approval.
Important Definitions
- **Service-connected conditions**: Health problems caused by military service (Sec. 2(b)(2))
- **Non-service-connected conditions**: Health problems not caused by military service (Sec. 2(b)(2))
- **Toxic substances or radiation exposure**: Environmental hazards veterans may have encountered (Sec. 2(b)(2)(F))
- **TRICARE**: Military health insurance coverage (Sec. 2(b)(2)(D))
- **Federally-qualified health centers**: Community health centers receiving federal funding (Sec. 2(a)(2)(B))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 754
To establish an advisory commission regarding eligibility for health care
furnished by the Secretary of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. BOST introduced the following bill; which was referred to the Committee
on Veterans’ Affairs
A BILL
To establish an advisory commission regarding eligibility for
health care furnished by the Secretary of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Modernizing Veterans’
4
Health Care Eligibility Act’’.
5
SEC. 2. COMMISSION ON ELIGIBILITY.
6
(a) ESTABLISHMENT OF COMMISSION.—
7
(1) IN GENERAL.—There is established a com-
8
mission, to be known as the ‘‘Commission on Eligi-
9
bility’’ (in this section referred to as the ‘‘Commis-
10
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 754 IH
sion’’), to examine eligibility for health care from the
1
Department of Veterans Affairs.
2
(2) MEMBERSHIP.—
3
(A) VOTING MEMBERS.—The Commission
4
shall be composed of 15 voting members who
5
are appointed as follows:
6
(i) Three members appointed by the
7
Speaker of the House of Representatives,
8
at least one of whom shall be a veteran.
9
(ii) Three members appointed by the
10
minority leader of the House of Represent-
11
atives, at least one of whom shall be a vet-
12
eran.
13
(iii) Three members appointed by the
14
majority leader of the Senate, at least one
15
of whom shall be a veteran.
16
(iv) Three members appointed by the
17
minority leader of the Senate, at least one
18
of whom shall be a veteran.
19
(v) Three members appointed by the
20
President, at least two of whom shall be
21
veterans.
22
(B) QUALIFICATIONS.—Of the members
23
appointed under subparagraph (A)—
24
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 754 IH
(i) at least one member shall rep-
1
resent an organization recognized by the
2
Secretary of Veterans Affairs for the rep-
3
resentation of veterans under section 5902
4
of title 38, United States Code;
5
(ii) at least one member shall have ex-
6
perience as senior management for a pri-
7
vate integrated health care system with an
8
annual gross revenue of more than
9
$50,000,000;
10
(iii) at least one member shall be fa-
11
miliar with government health care sys-
12
tems, including those systems of the De-
13
partment of Defense, the Indian Health
14
Service, or Federally-qualified health cen-
15
ters (as defined in section 1905(l)(2)(B) of
16
the
Social
Security
Act
(42
U.S.C.
17
1396d(l)(2)(B))); and
18
(iv) at least one member shall be fa-
19
miliar with the Veterans Health Adminis-
20
tration but shall not be currently employed
21
by the Veterans Health Administration.
22
(C) DATE.—The appointments of members
23
of the Commission shall be made not later than
24
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 754 IH
one year after the date of the enactment of this
1
Act.
2
(3) PERIOD OF APPOINTMENT.—
3
(A) IN GENERAL.—Members shall be ap-
4
pointed for the life of the Commission.
5
(B) VACANCIES.—Any vacancy in the
6
Commission shall not affect its powers, but
7
shall be filled in the same manner as the origi-
8
nal appointment.
9
(4) INITIAL MEETING.—Not later than 15 days
10
after the date on which eight voting members of the
11
Commission have been appointed, the Commission
12
shall hold its first meeting.
13
(5) MEETINGS.—The Commission shall meet at
14
the call of the Chairperson.
15
(6) QUORUM.—A majority of the members of
16
the Commission shall constitute a quorum, but a
17
lesser number of members may hold hearings.
18
(7) CHAIRPERSON AND VICE CHAIRPERSON.—
19
The President shall designate a member of the com-
20
mission to serve as Chairperson of the Commission.
21
The Commission shall select a Vice Chairperson
22
from among its members.
23
(b) DUTIES OF COMMISSION.—
24
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 754 IH
(1) EVALUATION AND ASSESSMENT.—The Com-
1
mission shall undertake a comprehensive evaluation
2
and assessment of eligibility to receive health care
3
from the Department of Veterans Affairs.
4
(2) MATTERS EVALUATED AND ASSESSED.—In
5
undertaking the comprehensive evaluation and as-
6
sessment required by paragraph (1), the Commission
7
shall evaluate and assess the following:
8
(A) General eligibility.
9
(B) Eligibility of veterans with service-con-
10
nected conditions.
11
(C) Eligibility of veterans with non-service-
12
connected conditions.
13
(D) Eligibility of veterans who have other
14
insurance or health care coverage (including
15
Medicare and TRICARE).
16
(E) Eligibility of veterans exposed to com-
17
bat.
18
(F) Eligibility of veterans exposed to toxic
19
substances or radiation.
20
(G) Eligibility of veterans with discharges
21
under conditions other than honorable.
22
(H) Eligibility for long-term care.
23
(I) Eligibility for mental health care.
24
(J) Assigned priority for care.
25
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 754 IH
(K) Required copayments and other cost-
1
sharing mechanisms.
2
(L) Other matters the Commission deter-
3
mines appropriate.
4
(3) REPORTS.—The Commission shall submit
5
to the President, through the Secretary of Veterans
6
Affairs, reports as follows:
7
(A) Not later than 90 days after the date
8
of the initial meeting of the Commission, an in-
9
terim report on—
10
(i) the findings of the Commission
11
with respect to the evaluation and assess-
12
ment required by this subsection; and
13
(ii) such recommendations as the
14
Commission may have for legislative or ad-
15
ministrative action to revise and simplify
16
eligibility to receive health care from the
17
Department of Veterans Affairs.
18
(B) Not later than one year after the date
19
of the initial meeting of the Commission, a final
20
report on—
21
(i) the findings of the Commission
22
with respect to the evaluation and assess-
23
ment required by this subsection; and
24
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 754 IH
(ii) such recommendations as the
1
Commission may have for legislative or ad-
2
ministrative action to revise and simplify
3
eligibility to receive health care from the
4
Department of Veterans Affairs.
5
(c) POWERS OF THE COMMISSION.—
6
(1) HEARINGS.—The Commission may hold
7
such hearings, sit and act at such times and places,
8
take such testimony, and receive such evidence as
9
the Commission considers advisable to carry out this
10
section.
11
(2) INFORMATION FROM FEDERAL AGENCIES.—
12
The Commission may secure directly from any Fed-
13
eral agency such information as the Commission
14
considers necessary to carry out this section. Upon
15
request of the Chairperson of the Commission, the
16
head of such agency shall furnish such information
17
to the Commission.
18
(d) COMMISSION PERSONNEL MATTERS.—
19
(1) COMPENSATION OF MEMBERS.—
20
(A) IN GENERAL.—Each member of the
21
Commission who is not an officer or employee
22
of the Federal Government shall be com-
23
pensated at a rate equal to the daily equivalent
24
of the annual rate of basic pay prescribed for
25
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 754 IH
level IV of the Executive Schedule under section
1
5315 of title 5, United States Code, for each
2
day (including travel time) during which such
3
member is engaged in the performance of the
4
duties of the Commission.
5
(B) OFFICERS
OR
EMPLOYEES
OF
THE
6
UNITED STATES.—All members of the Commis-
7
sion who are officers or employees of the United
8
States shall serve without compensation in addi-
9
tion to that received for their services as offi-
10
cers or employees of the United States.
11
(2) TRAVEL EXPENSES.—The members of the
12
Commission shall be allowed travel expenses, includ-
13
ing per diem in lieu of subsistence, at rates author-
14
ized for employees of agencies under subchapter I of
15
chapter 57 of title 5, United States Code, while
16
away from their homes or regular places of business
17
in the performance of services for the Commission.
18
(3) STAFF.—
19
(A) IN GENERAL.—The Chairperson of the
20
Commission may, without regard to the civil
21
service laws and regulations, appoint and termi-
22
nate an executive director and such other addi-
23
tional personnel as may be necessary to enable
24
the Commission to perform its duties. The em-
25
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•HR 754 IH
ployment of an executive director shall be sub-
1
ject to confirmation by the Commission.
2
(B) COMPENSATION.—The Chairperson of
3
the Commission may fix the compensation of
4
the executive director and other personnel with-
5
out regard to chapter 51 and subchapter III of
6
chapter 53 of title 5, United States Code, relat-
7
ing to classification of positions and General
8
Schedule pay rates, except that the rate of pay
9
for the executive director and other personnel
10
may not exceed the rate payable for level V of
11
the Executive Schedule under section 5316 of
12
such title.
13
(4) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
14
Any Federal Government employee may be detailed
15
to the Commission without reimbursement, and such
16
detail shall be without interruption or loss of civil
17
service status or privilege.
18
(5) PROCUREMENT OF TEMPORARY AND INTER-
19
MITTENT SERVICES.—The Chairperson of the Com-
20
mission may procure temporary and intermittent
21
services under section 3109(b) of title 5, United
22
States Code, at rates for individuals that do not ex-
23
ceed the daily equivalent of the annual rate of basic
24
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
10
•HR 754 IH
pay prescribed for level V of the Executive Schedule
1
under section 5316 of such title.
2
(e) TERMINATION OF THE COMMISSION.—The Com-
3
mission shall terminate 30 days after the date on which
4
the Commission submits the report under subsection
5
(b)(3)(B).
6
(f) FUNDING.—The Secretary of Veterans Affairs
7
shall make available to the Commission from amounts ap-
8
propriated or otherwise made available to the Secretary
9
such amounts as the Secretary and the Chairperson of the
10
Commission jointly consider appropriate for the Commis-
11
sion to perform its duties under this section.
12
(g) EXECUTIVE ACTION.—
13
(1)
ACTION
ON
RECOMMENDATIONS.—The
14
President shall require the Secretary of Veterans Af-
15
fairs and such other heads of relevant Federal de-
16
partments and agencies to implement each rec-
17
ommendation set forth in a report submitted under
18
subsection (b)(3) that the President—
19
(A) considers feasible and advisable; and
20
(B) determines can be implemented with-
21
out further legislative action.
22
(2) REPORTS.—Not later than 60 days after
23
the date on which the President receives a report
24
under subsection (b)(3), the President shall submit
25
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB
11
•HR 754 IH
to the Committees on Veterans’ Affairs of the Sen-
1
ate and House of Representatives and such other
2
committees of Congress as the President considers
3
appropriate a report setting forth the following:
4
(A) An assessment of the feasibility and
5
advisability of each recommendation contained
6
in the report received by the President.
7
(B) For each recommendation assessed as
8
feasible and advisable under subparagraph (A)
9
the following:
10
(i) Whether such recommendation re-
11
quires legislative action.
12
(ii) If such recommendation requires
13
legislative action, a recommendation con-
14
cerning such legislative action.
15
(iii) A description of any administra-
16
tive action already taken to carry out such
17
recommendation.
18
(iv) A description of any administra-
19
tive action the President intends to be
20
taken to carry out such recommendation
21
and by whom.
22
Æ
VerDate Sep 11 2014
20:42 Feb 23, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H754.IH
H754
pbinns on DSKJLVW7X2PROD with $$_JOB