Veterans’ ACCESS Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5697 To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish emergent mental health care to certain individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2020 Mr. TAKANO introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Sec- retary of Veterans Affairs to furnish emergent mental health care to certain individuals, 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 ‘‘Veterans’ Acute Crisis 4 Care for Emergent Suicide Symptoms Act of 2020’’ or the 5 ‘‘Veterans’ ACCESS Act of 2020’’. 6 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5697 IH SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION 1 OF EMERGENT MENTAL HEALTH CARE. 2 (a) IN GENERAL.—Subchapter II of chapter 17 of 3 title 38, United States Code, is amended by adding at the 4 end the following new section: 5 ‘‘§ 1720J. Emergent mental health care 6 ‘‘(a) IN GENERAL.—(1) The Secretary shall furnish 7 emergent mental health care to an eligible individual 8 under this section if the individual seeks such care— 9 ‘‘(A) pursuant to a recommendation the indi- 10 vidual received from the Veterans Crisis Line or a 11 licensed health care professional; or 12 ‘‘(B) in an emergency situation, as determined 13 by the Secretary. 14 ‘‘(2) Emergent mental health care furnished under 15 this section may be furnished at a Department medical 16 facility or at a non-Department facility, as determined ap- 17 propriate by the Secretary or by a licensed health care 18 professional. 19 ‘‘(b) ELIGIBILITY.—For purposes of this section, an 20 eligible individual is any of the following: 21 ‘‘(1) A veteran. 22 ‘‘(2) An individual who is enrolled in the health 23 care system established by section 1705 of this title. 24 ‘‘(3) An individual who— 25 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5697 IH ‘‘(A) is a former member of the Armed 1 Forces, including the reserve components; 2 ‘‘(B) while serving in the active military, 3 naval, or air service, was discharged or released 4 therefrom under a condition other than honor- 5 able; 6 ‘‘(C) is not enrolled in the health care sys- 7 tem established by section 1705 of this title; 8 and 9 ‘‘(D) served in the Armed Forces for a pe- 10 riod of more than 90 cumulative days. 11 ‘‘(c) DURATION OF CARE.—(1) Emergent mental 12 health care furnished under this section may be fur- 13 nished— 14 ‘‘(A) in the case of inpatient or residential care, 15 for a period not to exceed 30 days; or 16 ‘‘(B) in the case of outpatient care, for a period 17 not to exceed 90 days. 18 ‘‘(2) If, upon the expiration of the period referred to 19 in subparagraph (A) of paragraph (1), the Secretary de- 20 termines that the eligible individual to whom care is fur- 21 nished is not stable, the Secretary may extend such period 22 as the Secretary determines appropriate. 23 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5697 IH ‘‘(d) OUTREACH REQUIREMENTS.—During any pe- 1 riod when an eligible individual is receiving emergent men- 2 tal health care under this section, the Secretary shall— 3 ‘‘(1) ensure that, in the case of an individual 4 referred by the Veterans Crisis Line, the Veterans 5 Crisis Line notifies the Suicide Prevention Coordi- 6 nator and the Office of Community Care, as appro- 7 priate, at the nearest Department facility; 8 ‘‘(2) determine the eligibility of the individual 9 for other programs and benefits under the laws ad- 10 ministered by the Secretary; and 11 ‘‘(3) make referrals for follow-on care, as the 12 Secretary determines appropriate. 13 ‘‘(e) PROHIBITION ON CHARGE.—(1) Notwithstand- 14 ing section 1784 of this title, if the Secretary furnishes 15 emergent mental health care to an eligible individual 16 under this section, the Secretary may not charge the indi- 17 vidual for such care. 18 ‘‘(2) If the Secretary furnishes such care to an eligi- 19 ble individual at a non-Department facility, the Secretary 20 shall— 21 ‘‘(A) provide for reimbursement of such facility 22 for the reasonable value of such care; and 23 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5697 IH ‘‘(B) ensure that such facility, or any health 1 care provider working at such facility, does not 2 charge the individual for the care. 3 ‘‘(3) In the case of an eligible individual who receives 4 emergent mental health care under this section and who 5 is entitled to care (or payment of the expenses of care) 6 under a health-plan contract, the Secretary may recover 7 or collect charges for such care under such contract. 8 ‘‘(4) Section 1725 of this title does not apply to any 9 payment for emergent mental health care furnished under 10 this section. 11 ‘‘(f) ANNUAL REPORT.—Not less frequently than 12 once each year, the Secretary shall submit to the Com- 13 mittee on Veterans’ Affairs of the Senate and the Com- 14 mittee on Veterans’ Affairs of the House of Representa- 15 tives a report on emergent mental health care furnished 16 under this section. Each such report shall include, for the 17 year covered by the report— 18 ‘‘(1) the number of individuals who received 19 emergent mental health care under this section; and 20 ‘‘(2) the total cost of furnishing emergent men- 21 tal health care under this section. 22 ‘‘(g) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5697 IH ‘‘(1) The term ‘emergent mental health care’ 1 means emergency stabilization care provided to an 2 individual who— 3 ‘‘(A) presents at a Department medical fa- 4 cility or non-Department facility with an emer- 5 gent mental health need, including an acute sui- 6 cidal crisis; or 7 ‘‘(B) a licensed health care professional de- 8 termines presents an imminent danger to the 9 individual’s self or to others. 10 ‘‘(2) The term ‘health-plan contract’ has the 11 meaning given such term in section 1729(i)(1) of 12 this title, except that such term includes— 13 ‘‘(A) an insurance program described in 14 section 1811 of the Social Security Act (42 15 U.S.C. 1395c) or established by section 1831 of 16 such Act (42 U.S.C. 1395j); 17 ‘‘(B) a State plan for medical assistance 18 approved under title XIX of such Act (42 19 U.S.C. 1396 et seq.); 20 ‘‘(C) a workers’ compensation law or plan 21 described in subparagraph (A) of subsection 22 (a)(2) of such section; and 23 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5697 IH ‘‘(D) a program, plan, or policy under a 1 law described in subparagraph (B) or (C) of 2 such subsection.’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 at the beginning of such chapter is amended by inserting 5 after the item relation to section 1720I the following new 6 item: 7 ‘‘1720J. Emergent mental health care.’’. (c) EFFECTIVE DATE.—Emergent mental health care 8 shall be furnished under section 1720J of title 38, United 9 States Code, as added by subsection (a), beginning on the 10 date that is 180 days after the date of the enactment of 11 this Act. 12 SEC. 3. ELIGIBILITY OF CERTAIN FORMER MEMBERS OF 13 THE ARMED FORCES FOR DEPARTMENT OF 14 VETERANS AFFAIRS MENTAL AND BEHAV- 15 IORAL HEALTH CARE. 16 (a) IN GENERAL.—Subsection (b) of section 1720I 17 of title 38, United States Code, is amended— 18 (1) in paragraph (2)— 19 (A) by striking subparagraphs (A) and 20 (B); and 21 (B) by striking ‘‘that is not honorable but 22 not—’’ and inserting ‘‘other than honorable;’’; 23 and 24 VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5697 IH (2) by striking paragraph (4) and inserting the 1 following new paragraph (4): 2 ‘‘(4) served in the Armed Forces for a period 3 of more than 90 cumulative days.’’. 4 (b) ADDITIONAL REPORTING REQUIREMENTS.—Sub- 5 section (f)(2) of such section is amended— 6 (1) by redesignating subparagraph (C) as sub- 7 paragraph (D); 8 (2) by inserting after subparagraph (B) the fol- 9 lowing new subparagraph (C): 10 ‘‘(C) The total cost of furnishing mental and 11 behavioral healthcare services under this section.’’. 12 Æ VerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H5697.IH H5697 pamtmann on DSKBC07HB2PROD with BILLS