Senate Veterans Affairs Committee Passes Thirteen Pieces of Legislation; Summaries Provided Below! On Wednesday, July 28, the Senate Veterans Affairs Committee unanimously passed thirteen pieces of legislation aimed at improving veterans' health care and benefits. As stated in Tuesday's edition of the M&G-B, our Military and Government Relations Team has provided the following summary of the bills approved by the Committee: Building Solutions for Veterans Experiencing Homelessness Act of 2021 On June 22, 2021, Senate Veterans Affairs Committee Chairman Jon Tester introduced S.2172, the Building Solutions for Veterans Experiencing Homelessness Act of 2021. This legislation would: - Permanently remove barriers on funding for construction of housing for veterans experiencing homelessness
- Provide organizations nationwide with the funding and flexibility to provide adequate services to unhoused veterans
- Allow VA to supply ending-homelessness organizations with the education and support to best serve our nation's veterans
- Direct VA to evaluate and act on flexibilities and funding to combat the affordable housing shortage crisis
- Provide all veterans with access to case management services to connect them with the benefits and resources they earned
- Establish a five-year pilot grant program for community substance use recovery programs for unhoused veterans with preference given to programs assisting veterans who face barriers in accessing those services from VA
- Increase and extend funding connecting veterans with long-term, meaningful jobs
- Expand public transportation for veterans to access mental health care, medical treatment, job services, and other essential needs
- Ensure aging veterans are not left on the street while they await placement in long-term care; and
- Request a true assessment by GAO of the challenges veterans and their advocates face in securing them permanent housing.
Ensuring Quality Care for Our Veterans Act On February 23, 2021, Senator Joni Ernst introduced S.372, the Ensuring Quality Care for Our Veterans Act to the legislative docket. This bill directs the Department of Veterans Affairs (VA) to contract with a nonfederal organization to conduct a quality management review of hospital care or medical services furnished by each Veterans Health Administration (VHA) provider whose license was terminated by a state licensing board based upon care or services provided in a non-VHA facility. If this bill were to be codified, if a review determines that the standard of care was not met, the VA shall notify the individual who received such care or services. Improving Housing Outcomes for Veterans Act of 2021 On March 5, 2021, Senator Rob Portman introduced S.612, the Improving Housing Outcomes for Veterans Act of 2021. This bill requires the Under Secretary for Health of the Department of Veterans Affairs to provide certain information to medical center staff and homelessness service providers of the Department regarding the coordinated entry processes for housing and services operated under the Continuum of Care Program of the Department of Housing and Urban Development. VA Supply Chain Resiliency Act On March 22, 2021, Senator Jerry Moran introduced S.887, the VA Supply Chain Resiliency Act. The bill requires the VA to submit a report containing a description of the items and quantities of items that are critical with respect to the VA's ongoing response to the COVID-19 (i.e., coronavirus disease 2019) pandemic and future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. The VA and the Department of Defense (DOD) must enter into an agreement to provide for the participation of the VA in the Warstopper Program of the Defense Logistics Agency (DLA) of DOD. Under such an agreement, the DLA must: - Ensure the maintenance and stability of the items the VA identifies as critical in its report (and that the VA and DOD determine are appropriate for the program)
- Establish guidance for the participation of the VA in the program
- Use existing and new contracts and agreements to reserve the supply of critical items
- Ensure it does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs during epidemic, pandemic, emergency, national emergency, or natural disaster situations.
A bill to amend title 38, United States Code, to expand eligibility for hospital care, medical services, and nursing home care from the Department of Veterans Affairs to include veterans of World War II Solid Start Act of 2021 On April 15, 2021, Senator Margaret Hassan introduced S.1198, the Solid Start Act of 2021. In 2019, the VA launched the Solid Start program, which was designed to ensure that separating service members receive multiple outreaches from the VA within one year of separating from the military to ensure they are aware of the VA benefits and programs that are available to them. The program also prioritizes outreach to veterans who accessed mental health resources prior to separation in order to quickly connect at-risk veterans to services. This bill would make the Solid Start pilot program permanent. United States Cadet Nurse Corps Service Recognition Act of 2021 On April 19, 2021, Senator Elizabeth Warren introduced S.1220, the United States Cadet Nurse Corps Recognition Act of 2021. The bill would: - Provide Cadet Nurses with honorary veteran status, with an honorable discharge from service where merited
- Permit the Secretary of Defense to provide honorably discharged Cadet Nurses with a service medal, a burial plaque or grave marker, and other commendations to honor their service
- Provide still-living Cadet Nurses with Veterans Affairs pensions, healthcare benefits, or other privileges afforded to former active-duty service members, such as burial benefits in Arlington Cemetery
VA Quality Health Care Accountability and Transparency Act On April 22, 2021, Senator Mark Kelly introduced S.1319, the VA Quality Health Care Accountability and Transparency Act. This bill requires the VA to make certain staffing and quality of care data publicly available on a specified VA website. Among other elements, the information published on the website should include statistics related to patient wait times, effectiveness of care, and staffing and vacancy information. The website must be (1) directly accessible from the main VA website and the main websites of each VA medical center, and (2) understandable and usable by the public. The VA must also implement a self-auditing process to assess the accuracy and completeness of the data available on the website. Guaranteeing Healthcare Access to Personnel Who Served Act On May 26, 2021, Senate Veterans Affairs Committee Ranking Member Jerry Moran introduced S.1863, the Guaranteeing Healthcare Access to Personnel Who Served Act. According to the Office of Senator Moran, the intent of this legislation is to "identify and address the gaps veterans face in the current VA healthcare system." Senator Moran's Office also provided the following section-by-section summary of this legislation: - Codify MISSION access standards to protect current veteran eligibility standards for MISSION's Veterans Community Care Program
- Create access standards for community care delivery to make certain veterans receive timely care in the community
- Direct VA to create a strategic plan to ensure the Department is addressing continuity of care issues amidst a changing VA footprint
- Direct VA to create a tele-health strategic plan to ensure the Department is deploying virtual care thoughtfully and utilizing innovative solutions to deliver tele-health to rural veterans
- Ensure all veterans with treatment-resistant depression have access to the necessary evidence-based care to put them on the path to recovery
- Cut the "red tape" for VA research by removing the burdensome Paperwork Reduction Act requirements; ensuring veterans benefit from more timely research-informed care
Veterans' Emergency Care Claims Parity Act On May 27, 2021, Senator Mike Rounds introduced S.1875, the Veterans' Emergency Care Claims Parity Act. This legislation would create a 180-day deadline from date of treatment for non-VA health care providers to submit emergency care claims for care given to eligible veterans, regardless of whether the VA determines the care to have been for a non-service connected or service-connected condition. Planning for Aging Veterans Act On June 8, 2021, Senator Patty Murray introduced S.1965, the Planning for Aging Veterans Act of 2021. This legislation would: - Require VA to develop a strategy addressing the current and future long-term care needs of veterans to identify areas for future investment.
- Standardize the process across VA for medical centers entering into sharing agreements with State homes.
- Clarify VA policy to ensure catastrophically disabled veterans residing in a State home receive their medications without a copayment, as they would if they resided elsewhere.
- Require that any deficiencies during State home inspections are reported to the VA and inspection reports are published on the VA website.
- Create a pilot program which will provide geriatric psychiatry assistance to eligible veterans at State homes.
- Instruct VA to work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services.
Department of Veterans Affairs Provider Accountability Act On April 22, 2021, Senator Moran introduced S.1307, the Department of Veteran Affairs Provider Accountability Act. A troubling 2017 GAO Report revealed an unacceptable trend of VA facilities failing to report providers who made major medical errors to the National Practitioner Data Bank and the relevant state licensing boards responsible for tracking dangerous practitioners. As a result, these practitioners can go into private practice or move across state lines without disclosing prior mistakes to patients or state regulators. Specifically, the VA Provider Accountability Act would address this problem by requiring the VA to: - Compile, verify, and continuously monitor the professional licensures, certifications and registrations with the Drug Enforcement Administration (DEA), National Practitioner Data Bank (NPDB) and the applicable state licensing boards for certain VA health care professionals.
- Require certain VA health care professionals to hold an active DEA registration.
- Conduct ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional to include concerns of competency or quality of care delivered by a health care professional are reported, as appropriate, to the state licensing, registration, or certification body of the health care professional.
- Provide biannual training on this licensure, employment, and reporting requirements to employees performing these duties.
- Prohibit VA from entering into a settlement agreement regarding a claim by a VA employee under which it would be required to conceal a serious medical error or lapse in clinical practice that constitutes a substantial failure.
Supporting Expanded Review for Veterans in Combat Environments (SERVICE) Act On June 17, 2021, Senator John Boozman introduced S.2102, the SERVICE Act of 2021. This bill would require the VA to conduct mammograms for all women who served in areas associated with burn pits and other toxic exposures regardless of age, symptoms or family history. Additionally, the legislation directs the VA to submit a report to Congress within two years of enactment that compares the rates of breast cancer among members of the Armed Forces and the civilian population. If you have any questions about the pieces of legislation covered in this portion of the M&G-B, please contact our Policy Advisor at mschwartzman@hqafsa.org.
VA to Start Processing Disability Claims For Certain Conditions Related to Particulate Matter Today, the Department of Veterans Affairs will begin processing disability claims for asthma, rhinitis and sinusitis on a presumptive basis based on presumed particulate matter exposures during military service in Southwest Asia and certain other areas - if these conditions manifested within 10 years of a qualifying period of military service. VA conducted the first iteration of a newly formed internal VA process to review scientific evidence to support rulemaking, resulting in the recommendation to consider creation of new presumptions of service connection for respiratory conditions based on VA's evaluation of a National Academies of Science, Engineering and Medicine report and other evidence. The process concluded that particulate matter pollution is associated with chronic asthma, rhinitis and sinusitis for Veterans who served in the Southwest Asia theater of operations beginning Aug. 2, 1990 to the present, or Afghanistan, Uzbekistan, Syria or Djibouti beginning Sept. 19, 2001 to the present. VA's review also concluded that there was sufficient evidence to presume that these Veterans have been exposed to particulate matter. "I announced my intent to initiate rulemaking on May 27 to consider adding respiratory conditions to the list of chronic disabilities," said Denis McDonough, Secretary of Veterans Affairs. "Through this process I determined that the evidence provided was sufficient to establish presumptions of service connection for these three respiratory conditions. This is the right decision, and VA will continue to use a holistic approach in determining toxic exposure presumptives moving forward." The Southwest Asia theater of operations refers to Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea and the airspace above these locations. VA will conduct outreach to impacted Veterans and survivors to inform them about their eligibility and will provide information on how to apply. Veterans and survivors who believe they may be eligible for the newly established presumptive conditions are encouraged to apply. They should file a VA Form 21-526EZ if applying for the first time or a VA Form 20-0995 if they are reapplying for these conditions. For more information on the new presumptive conditions, visit our website at Airborne Hazards and Burn Pit Exposures - Public Health (va.gov). To apply for benefits, Veterans and survivors may visit VA.gov or call toll-free at 800-827-1000. Within the next week, you can view the interim final rule at www.regulations.gov.
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