(a) Eligibility access standards
Section 1703B of title 38, United States Code, is amended—
by striking subsections (a) through (e) and inserting the following:
(a) Access standards for community care
For purposes of section 1703(d)(1)(D) of this title, the eligibility access standards for hospital care, medical services, or non-institutional extended care services, are as follows:
With respect to primary care, mental health care, or non-institutional extended care services, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service—
within 30 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and
within 20 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.
With respect to specialty care, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service—
within 60 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and
within 28 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.
With respect to a covered treatment program, the Secretary must—
provide to a covered veteran a screening not later than 48 hours after the date on which the veteran, or a relevant health care provider, makes a documented request for the veteran to be admitted to a covered treatment program; and
if the veteran is determined eligible for priority admission to a covered treatment program—
For the purposes of determining the ability of the Secretary to schedule an appointment for a covered veteran with a health care provider of the Department under paragraph (1), the Secretary shall not take into consideration the availability of telehealth appointments from the Department.
In the case of a covered veteran who has had an appointment with a health care provider of the Department canceled by the Department for a reason other than either the request of the veteran or the failure of the veteran to appear as scheduled, in calculating a wait time for a subsequent appointment under the eligibility access standards established under paragraph (1), the Secretary shall calculate such wait time from the date of the request for the original, canceled appointment.
If a veteran agrees to a longer average drive time or a later date under paragraph (1), the Secretary shall document the agreement to such longer average drive time or later date in the electronic health record of the veteran and provide the veteran a copy of such documentation. Such copy may be provided electronically.
Paragraph (1)(C) shall not be construed to affect a covered veteran in a covered treatment program pursuant to a determination made on or before the date of the enactment of the Take Care of America’s Veterans Act .
Subject to the provisions of this paragraph, subparagraphs (A) and (B) of paragraph (1) shall terminate on the date that is eight years after the date of the enactment of the Take Care of America’s Veterans Act .
Not later than seven years after the date of the enactment of the Take Care of America’s Veterans Act , 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 containing—
an assessment of the effects of the codification of eligibility access standards for primary care, mental health care, non-institutional extended care services, and specialty care under this subsection on the management and oversight of the Veterans Community Care Program under section 1703 of this title; and
the recommendation of the Secretary for continued codification of such standards along with a justification for such recommendation.
On and after the date that is eight years after the date of the enactment of the Take Care of America’s Veterans Act , the Secretary may not establish access standards for care and services described in subparagraph (A) or (B) of paragraph (1) that are different from the standards set forth in those subparagraphs unless, not later than 180 days before establishing such different standards—
the Secretary submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notification of the intent of the Secretary to establish such different standards, including a description of the changes the Secretary intends to make and the justification for such changes; and
a joint resolution of approval is enacted that approves such different standards.
For purposes of this subsection, the term joint resolution of approval means only a joint resolution the matter after the resolving clause of which is as follows: That Congress approves the access standards established by the Secretary submitted on __ relating to __. , with the first blank space filled by the appropriate date and the second blank space filled with a description of the access standards.
A joint resolution of approval shall be considered under the expedited procedures outlined in section 802 of title 5 to the same extent as a joint resolution described in subsection (a) of that section is considered.
(b) Application
The Secretary shall ensure that the eligibility access standards established under subsection (a) apply—
to all care and services within the medical benefits package of the Department to which a covered veteran is eligible under section 1703 of this title; and
to all covered veterans, regardless of whether a veteran is a new or established patient.
(c) Periodic review of access standards
Not later than three years after the date of the enactment of the Take Care of America’s Veterans Act , and not less frequently than once every three years thereafter, the Secretary shall—
conduct a review of the eligibility access standards under subsection (a) in consultation with—
such Federal entities as the Secretary considers appropriate, including the Department of Defense, the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services;
entities and individuals in the private sector, including—
other entities that are not part of the Federal Government; and
submit to the appropriate committees of Congress a report on—
the findings of the Secretary with respect to the review conducted under paragraph (1); and
such recommendations as the Secretary may have with respect to the eligibility access standards under subsection (a).
Chapter 10 of title 5 shall not apply to the consultation required by paragraph (1)(A).
by striking subsection (g);
by redesignating subsections (f), (h), and (i) as subsections (d), (e), and (f), respectively;
in subsection (d), as redesignated by paragraph (3)—
by striking established each place it appears; and
in paragraph (1), by striking (1) Subject to and inserting Compliance by Community Care Providers With Access Standards .—(1) Subject to ;
in subsection (e), as so redesignated—
in paragraph (1)—
by striking (1) Consistent with and inserting Determination Regarding Eligibility .—(1) Consistent with ; and
by striking designated access standards established under this section and inserting eligibility access standards under subsection (a) ; and
in paragraph (2)(B), by striking designated access standards established under this section and inserting eligibility access standards under subsection (a) ; and
in subsection (f), as redesignated by paragraph (2)—
in the matter preceding paragraph (1), by striking In this section and inserting Definitions .—In this section ; and
in paragraph (2)—
by striking covered veterans and inserting covered veteran ;
by striking veterans described and inserting a veteran described ;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following new paragraph (3):
The term covered treatment program has the meaning given such term in section 1791 of this title.
Conforming amendments
Section 1703(d) of such title is amended—
in paragraph (1)(D), by striking designated access standards developed by the Secretary under section 1703B of this title and inserting eligibility access standards under section 1703B(a) of this title ;
in paragraph (3), by striking designated access standards developed by the Secretary under section 1703B of this title and inserting eligibility access standards under section 1703B(a) of this title ; and
in paragraph (4), by striking designated access standards developed by the Secretary under section 1703B of this title and inserting eligibility access standards under section 1703B(a) of this title .