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Improvements to temporary licensure requirements for contract health care professionals who perform medical disability examinations for the Department of Veterans Affairs

Title I: Compensation

Plain-language summaryAI

The section expands and clarifies the rules for temporary licensure of contract health care professionals performing medical disability exams for the Department of Veterans Affairs, including eligibility criteria and funding sources. It extends the expiration date of this authority to September 30, 2033, and requires the VA Secretary to create a way for examiners to submit evidence from applicants directly to claims files. Additionally, the Secretary must report within 15 months on the use, costs, timeliness, and accuracy of these contracted exams, along with any errors and plans to address them.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 109.

(a) Expansion

Section 504 of the Veterans’ Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note), as amended by paragraph (1) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 38 U.S.C. 5101 note), is further amended, subject to the sunset in paragraph (4) of such subsection, by striking paragraph (2) of subsection (c) and inserting the following:

(2) Health care professional described

A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of title 38, United States Code, who—

(A)

has a current and unrestricted license to practice the health care profession for which they are licensed;

(B)

is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

(C)

is performing authorized duties for the Department pursuant to a contract entered into under subsection (a).

(3) Source of funds

Expenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions.

(4) Mechanism for transmittal of evidence introduced by applicants during examinations

The Secretary shall establish a mechanism whereby a health care professional who conducts medical examinations or opinions under section 5103A(d) of this title may transmit to a veteran’s claims file, evidence introduced by the applicant during a medical examination or in conjunction with a medical opinion that examiner used to inform such medical examination or opinion.

(b) Delayed sunset of amendment

Paragraph (4) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 38 U.S.C. 5101 note) is amended by striking On the date that is five years after the date of the enactment of this Act and inserting On September 30, 2033 .

(c) Conforming amendment

Paragraph (2) of such subsection is amended by striking physicians assistants, nurse practitioners, audiologists, and psychologists and inserting health care professionals .

(d) Report

Not later than 15 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the use of the authority under section 504 of the Veterans’ Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note), as temporarily amended by section 2002(a)(1) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 38 U.S.C. 5101 note) and this section. Such report shall include, with respect to the one-year period after the date of the enactment of this Act, the following elements:

(1)

The number of examinations conducted pursuant to a contract under such authority.

(2)

The cost, timeliness, and legal adequacy of such examinations, disaggregated by—

(A)

health care professional; and

(B)

contract.

(3)

The number of such examinations conducted in each State, the District of Columbia, or a Commonwealth, territory, or possession of the United States.

(4)

The numbers of each kind of health care professionals who conducted such examinations.

(5)

The number of examinations that were erroneously conducted by a health care professional—

(A)

without such a contract; or

(B)

unauthorized to enter into such a contract.

(6)

The plan of the Secretary to correct errors in the use of such authority.