HEALTH Act

II Calendar No. 415 116TH CONGRESS 2D SESSION S. 3182 To direct the Secretary of Veterans Affairs to carry out the Women’s Health Transition Training pilot program through at least fiscal year 2020, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 13, 2020 Mr. SULLIVAN (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs FEBRUARY 5, 2020 Reported by Mr. MORAN, with an amendment and an amendment to the title [Insert the part printed in italic] A BILL To direct the Secretary of Veterans Affairs to carry out the Women’s Health Transition Training pilot program through at least fiscal year 2020, and for other purposes. 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 ‘‘Helping Expand and 4 Launch Transitional Health for Women Veterans Act’’ or 5 ‘‘HEALTH Act’’. 6 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3182 RS SEC. 2. CONTINUATION OF WOMEN’S HEALTH TRANSITION 1 TRAINING PILOT PROGRAM OF DEPARTMENT 2 OF VETERANS AFFAIRS. 3 (a) DURATION.—The Secretary of Veterans Affairs 4 shall carry out the Women’s Health Transition Training 5 pilot program of the Department of Veterans Affairs (in 6 this section referred to as the ‘‘pilot program’’) until at 7 least September 30, 2020. 8 (b) REPORT.—Not later than September 30, 2020, 9 the Secretary of Defense and the Secretary of Veterans 10 Affairs shall jointly submit to the appropriate congres- 11 sional committees a report on the pilot program that in- 12 cludes the following: 13 (1) The number of women members of the 14 Armed Forces, disaggregated by military department 15 (with respect to the Department of the Navy, disag- 16 gregated by the Navy and Marine Corps), who par- 17 ticipated in the pilot program. 18 (2) The number of courses held under the pilot 19 program. 20 (3) The locations at which such courses were 21 held, the number of seats available for such courses, 22 and the number of participants at each such loca- 23 tion. 24 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3182 RS (4) With respect to the number of members of 1 the Armed Forces who participated in the pilot pro- 2 gram as specified under paragraph (1)— 3 (A) the number who enrolled in the health 4 care system of the Department of Veterans Af- 5 fairs under section 1705(a) of title 38, United 6 States Code; and 7 (B) the number who attended at least one 8 health care appointment at a medical facility of 9 the Department of Veterans Affairs. 10 (5) Data relating to— 11 (A) satisfaction with courses held under 12 the pilot program; 13 (B) improved awareness of health care 14 services administered by the Secretary of Vet- 15 erans Affairs; and 16 (C) any other available statistics regarding 17 the pilot program. 18 (6) A discussion of regulatory, legal, or resource 19 barriers to— 20 (A) making the pilot program permanent 21 to enable access to services provided under the 22 pilot program by a greater number of women 23 members of the Armed Forces at locations 24 throughout the United States; 25 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3182 RS (B) offering the pilot program online for 1 women members of the Armed Forces who are 2 unable to attend courses held under the pilot 3 program in person; and 4 (C) the feasability of automatically enroll- 5 ing pilot program participants in the health 6 care system of the Department of Veterans Af- 7 fairs under section 1705(a) of title 38, United 8 States Code. 9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 10 FINED.—In this section, the term ‘‘appropriate congres- 11 sional committees’’ means— 12 (1) the Committee on Armed Services and the 13 Committee on Veterans’ Affairs of the Senate; and 14 (2) the Committee on Armed Services and the 15 Committee on Veterans’ Affairs of the House of 16 Representatives. 17 SEC. 3. AUTHORITY FOR SECRETARY OF VETERANS AF- 18 FAIRS TO FURNISH MEDICALLY NECESSARY 19 TRANSPORTATION FOR NEWBORN CHILDREN 20 OF CERTAIN WOMEN VETERANS. 21 (a) IN GENERAL.—Section 1786 of title 38, United 22 States Code, is amended— 23 (1) in subsection (a)— 24 (A) in the matter before paragraph (1)— 25 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3182 RS (i) by inserting ‘‘and transportation 1 necessary to receive such services’’ after ‘‘de- 2 scribed in subsection (b)’’; and 3 (ii) by inserting ‘‘, except as provided 4 in subsection (e),’’ after ‘‘seven days’’; 5 (B) in paragraph (1), by striking ‘‘or’’; 6 (C) in paragraph (2), by striking the period 7 at the end and inserting ‘‘; or’’; and 8 (D) by adding at the end the following new 9 paragraph: 10 ‘‘(3) another location, including a health care fa- 11 cility, if the veteran delivers the child before arriving 12 at a facility described in paragraph (1) or (2).’’; 13 (2) in subsection (b), by inserting before the pe- 14 riod at the end the following: ‘‘, including necessary 15 health care services provided by a facility other than 16 the facility where the newborn child was delivered 17 (including a specialty pediatric hospital) that accepts 18 transfer of the newborn child and responsibility for 19 treatment of the newborn child’’; and 20 (3) by adding at the end the following new sub- 21 sections: 22 ‘‘(c) TRANSPORTATION.—(1) Transportation furnished 23 under subsection (a) to, from, or between care settings to 24 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3182 RS meet the needs of a newborn child includes costs for either 1 or both the newborn child and parents. 2 ‘‘(2) Transportation furnished under subsection (a) in- 3 cludes transportation by ambulance, including air ambu- 4 lance, or other appropriate medically staffed modes of 5 transportation— 6 ‘‘(A) to another health care facility (including a 7 specialty pediatric hospital) that accepts transfer of 8 the newborn child or otherwise provides post-delivery 9 care services when the treating facility is not capable 10 of furnishing the care or services required; or 11 ‘‘(B) to a health care facility in a medical emer- 12 gency of such nature that a prudent layperson reason- 13 ably expects that delay in seeking immediate medical 14 attention would be hazardous to life or health. 15 ‘‘(3) Amounts paid by the Department for transpor- 16 tation under this section shall be derived from the Medical 17 Services appropriations account of the Department. 18 ‘‘(d) REIMBURSEMENT OR PAYMENT FOR HEALTH 19 CARE SERVICES OR TRANSPORTATION.—(1) Pursuant to 20 regulations the Secretary shall prescribe to establish rates 21 of reimbursement and any limitations thereto under this 22 section, the Secretary shall directly reimburse a covered en- 23 tity for health care services or transportation services pro- 24 vided under this section, unless the cost of the services or 25 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3182 RS transportation is covered by an established agreement or 1 contract. If such an agreement or contract exists, its nego- 2 tiated payment terms shall apply. 3 ‘‘(2)(A) Reimbursement or payment by the Secretary 4 under this section on behalf of an individual to a covered 5 entity shall, unless rejected and refunded by the covered en- 6 tity within 30 days of receipt, extinguish any liability on 7 the part of the individual for the health care services or 8 transportation covered by such payment. 9 ‘‘(B) Neither the absence of a contract or agreement 10 between the Secretary and a covered entity nor any provi- 11 sion of a contract, agreement, or assignment to the contrary 12 shall operate to modify, limit, or negate the requirements 13 of subparagraph (A). 14 ‘‘(3) In this subsection, the term ‘covered entity’ means 15 any individual, transportation carrier, organization, or 16 other entity that furnished or paid for health care services 17 or transportation under this section. 18 ‘‘(e) EXCEPTION.—Pursuant to such regulations as the 19 Secretary shall prescribe to carry out this section, the Sec- 20 retary may furnish more than seven days of health care 21 services described in subsection (b), and transportation nec- 22 essary to receive such services, to a newborn child based on 23 medical necessity if the child is in need of additional care, 24 including a case in which the newborn child has been dis- 25 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3182 RS charged or released from a hospital and requires readmit- 1 tance to ensure the health and welfare of the newborn 2 child.’’. 3 (b) TREATMENT OF CERTAIN EXPENSES ALREADY IN- 4 CURRED.— 5 (1) IN GENERAL.—Pursuant to such regulations 6 as the Secretary of Veterans Affairs shall prescribe, 7 with respect to transportation furnished in order for 8 a newborn child of a veteran to receive health care 9 services under section 1786 of title 38, United States 10 Code, during the period specified in paragraph (2), 11 the Secretary may— 12 (A) waive a debt owed by the veteran to the 13 Department of Veterans Affairs or reimburse ex- 14 penses already paid by the veteran to the De- 15 partment for such transportation; or 16 (B) reimburse the veteran for costs billed by 17 a covered entity for such transportation regard- 18 less of whether the veteran has already made 19 such payment. 20 (2) PERIOD SPECIFIED.—The period specified in 21 this paragraph is the period beginning on May 5, 22 2010, and ending on the date of the enactment of this 23 Act. 24 VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3182 RS (3) COVERED ENTITY DEFINED.—In this sub- 1 section, the term ‘‘covered entity’’ has the meaning 2 given that term in section 1786(d)(3) of title 38, 3 United States Code, as amended by subsection (a). 4 Amend the title so as to read: ‘‘A bill to direct the Secretary of Veterans Affairs to carry out the Women’s Health Transition Training pilot program through at least fiscal year 2020, to authorize the Secretary to fur- nish medically necessary transportation for newborn chil- dren of certain women veterans, and for other pur- poses.’’. VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 415 116TH CONGRESS 2D SESSION S. 3182 A BILL To direct the Secretary of Veterans Affairs to carry out the Women’s Health Transition Training pilot program through at least fiscal year 2020, and for other purposes. FEBRUARY 5, 2020 Reported with an amendment and an amendment to the title VerDate Sep 11 2014 21:44 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\S3182.RS S3182 kjohnson on DSK79L0C42PROD with BILLS