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Timely reporting of the death of a veteran

Title III: Health Care

Plain-language summaryAI

Veterans Affairs medical staff who are the primary care providers for veterans who die of natural causes must certify the death within two business days of learning about it. If they cannot do so, a local coroner or medical examiner may certify the death instead. The Department of Veterans Affairs must report annually for five years on how well these certification requirements are being followed, including reasons for any delays.

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Section Text · Sec. 313.
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(a) Findings

Congress finds the following:

(1)

States and counties have reported significant delays in the signing of death certificates for veterans who pass away from natural causes.

(2)

Such delays, caused by the refusal of, or postponement by, physicians of the Department of Veterans Affairs have, in some cases, lasted as long as eight weeks.

(3)

Such delays prevent the timely burial of deceased veterans and access to survivor benefits.

(b) Timely certification of the death of a veteran

(1) In general

(A) VA physician, nurse practitioner, or physician assistant

Subject to subparagraph (B), a physician, nurse practitioner, or physician assistant employed by the Secretary of Veterans Affairs who is the primary care provider of a veteran who dies of natural causes shall certify the death of such veteran not later than two business days after such physician, nurse practitioner, or physician assistant learns of such death.

(B) Coroner or medical examiner

If a physician, nurse practitioner, or physician assistant described in subparagraph (A) cannot comply with such paragraph with respect to a death described in such paragraph, a coroner or medical examiner in the jurisdiction where such death occurred may certify such death.

(2) Report

(A) In general

Not later than one year after the date of the enactment of this Act, and annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report regarding compliance with paragraph (1).

(B) Elements

Each report required under subparagraph (A) shall include, with respect to the year preceding the date of the report, the following elements:

(i)

The percentage of cases in which a physician, nurse practitioner, or physician assistant employed by the Secretary complied with paragraph (1)(A).

(ii)

The number of cases in which such a physician, nurse practitioner, or physician assistant could not so comply.

(iii)

An identification of the most common reasons why such a physician, nurse practitioner, or physician assistant could not so comply.

(3) Rule of construction

Nothing in this section shall be construed to authorize a physician assistant or nurse practitioner to certify a death in any State in which such authority is not permitted under State or local law.