119-s1912

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1912 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1912

To amend title 38, United States Code, to expand access to the Veterans 
Community Care Program of the Department of Veterans Affairs to include 
 certain veterans seeking mental health or substance-use services, and 
 for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 22, 2025

 Mr. Daines (for himself, Ms. Lummis, and Mr. Grassley) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Veterans' Affairs

_______________________________________________________________________

 A BILL

To amend title 38, United States Code, to expand access to the Veterans 
Community Care Program of the Department of Veterans Affairs to include 
 certain veterans seeking mental health or substance-use services, and 
 for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Veteran Community Care 
Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) On June 6, 2018, the John S. McCain III, Daniel K. 
 Akaka, and Samuel R. Johnson VA Maintaining Internal Systems 
 and Strengthening Integrated Outside Networks Act of 2018 
 (Public Law 115-182) (in this section referred to as the ``VA 
 MISSION Act'') became law.

    (2) Congressional intent with the VA MISSION Act was to 
 reform and replace the program under 

section 101 of the 
 Veterans Access, Choice, and Accountability Act of 2014 (Public 
 Law 113-146; 38 U.S.C. 1701 note) to ensure access of veterans 
 to community health care providers.

    (3) The eligibility standards established by the VA MISSION 
 Act were not meant to be used to limit health care options for 
 veterans or to be applied to community providers, which would 
 result in reduced health care options.

    (4) Many veterans do not have access to a medical facility 
 of the Department of Veterans Affairs in their community and 
 each medical facility of the Department may not be able to 
 adequately address the specific health care needs of a 
 particular veteran.

    (5) It was intent of Congress in the VA MISSION Act that 
 all medical services, including mental health treatments and 
 institutional extended care services for mental health, were to 
 be available to veterans in the community.

    (6) The Department is limiting access of veterans to 
 community care for mental health treatments.

    (7) Despite the best efforts of the Department, veteran 
 suicide remains at significant levels throughout the United 
 States.

    (8) No veteran should have to wait 30 days for mental 
 health services to be approved by the Department.

    (9) Telehealth appointments represent a valuable 
 complementary health care option for underserved veterans, but 
 do not offer the same quality of care as in-person visits to 
 facilities of the Department or in the community for veterans 
 in crisis.

SEC. 3. EXPANSION OF VETERANS COMMUNITY CARE PROGRAM TO INCLUDE ACCESS 
 TO MENTAL HEALTH OR SUBSTANCE-USE SERVICES FOR VETERANS 
 UNABLE TO TIMELY ACCESS MENTAL HEALTH RESIDENTIAL 
 TREATMENT PROGRAMS.

    (a) In General.--

Section 1703 of title 38, United States Code, is 
amended--

    (1) in subsection
            (d) --
        (A) in paragraph

    (1)
            (i) in subparagraph
            (D) , by striking ``; 
 or'' and inserting a semicolon;
            (ii) in subparagraph
        (E) , by striking the 
 period at the end and inserting ``; or''; and
            (iii) by adding at the end the following 
 new subparagraph:
 ``
        (F) in the case of residential mental health or 
 substance-use services, the covered veteran--
 ``
            (i) meets the criteria of the Department for 
 priority admission to a Mental Health Residential 
 Rehabilitation Treatment Program of the Department and 
 the Department is unable to accommodate such priority 
 admission; or
 ``
            (ii) has contacted the Department to request such 
 services from a Mental Health Residential 
 Rehabilitation Treatment Program of the Department and 
 the Department is not able to furnish such services in 
 a manner than complies with the access standards of the 
 Department for specialty care provided under this 
 section by a health care provider specified in 
 subsection
            (c) .''; and
        (B) by adding at the end the following new 
 paragraph

    (5) :
 ``

    (5) In the case of a covered veteran entitled to mental health or 
substance-use services under paragraph

    (1)
        (F) , the Secretary shall 
ensure that referral of a veteran to an alternate Mental Health 
Residential Rehabilitation Treatment Program of the Department does not 
take precedence over timely access to such services under this section 
pursuant to such paragraph unless such referral is requested by the 
covered veteran.'';

    (2) by redesignating subsection

    (q) as subsection

    (r) ; and

    (3) by inserting after subsection

    (p) the following new 
 subsection

    (q) :
 ``

    (q) Minimum Standards for Residential Mental Health or Substance-
Use Services.--

    (1) Subject to paragraph

    (2) , in furnishing residential 
mental health or substance-use services to covered veterans pursuant to 
subsection
            (d) (1)
        (F) , the Secretary shall ensure that programs or 
facilities providing such services under this section meet the 
following standards:
 ``
        (A) A treatment program or facility must be licensed and 
 accredited by a State for the provision of the services 
 provided.
 ``
        (B) A treatment program must be accredited under either 
 the Joint Commission Behavioral Health Standards or the 
 Behavioral Health Standards manual (residential treatment) of 
 the Commission on Accreditation of Rehabilitation Facilities, 
 or any successor standards or manual.
 ``

    (2) If a program or facility to which a covered veteran is to be 
referred pursuant to subsection
            (d) (1)
        (F) does not meet the standards 
specified under paragraph

    (1) , the Secretary, acting through the 
director of the facility of the Department carrying out the referral--
 ``
        (A) shall consider an alternate program or facility; and
 ``
        (B) may waive such standards on an individual basis if no 
 other alternate program or facility is available or such waiver 
 is in the best interest of the veteran.''.

    (b) Modification of Access Standards.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall develop or amend existing access standards of the 
Department of Veterans Affairs to ensure that access to mental health 
care under the Veterans Community Care Program under 

section 1703 of 
title 38, United States Code, as amended by subsection

    (a) , is not more 
restrictive than the access standards for specialty care under such 
section.

SEC. 4. PROHIBITION ON CERTAIN LIMITATIONS ON ACCESS OF VETERANS TO 
 CARE.

 

Section 1703

    (n) of title 38, United States Code, is amended by 
adding at the end the following new paragraphs:
 ``

    (3) In applying wait times or access standards under this section 
for purposes of determining eligibility of a covered veteran for care 
or services under this section, the Secretary may not determine that 
the veteran is ineligible for such care or services due solely to the 
fact that health care providers specified in subsection
            (c) are unable 
to provide such care or services in compliance with such wait times or 
access standards.
 ``

    (4) If multiple options are available to a covered veteran for 
care or services under this section, the Secretary shall permit the 
veteran to elect the option that the veteran prefers.''.

SEC. 5. DEVELOPMENT OF COMMUNITY CARE METRICS.

    (a) In General.--

Section 1703
            (m) (1) of title 38, United States 
Code, is amended by adding at the end the following new subparagraph:
 ``
            (C) The review submitted under subparagraph
        (A) shall include, 
for the year covered by the review, the following:
 ``
            (i) The number of instances of care or services 
 requested.
 ``
            (ii) The number of such requests that were approved.
 ``
            (iii) The number of such requests that were denied.
 ``
            (iv) The number of appeals under subsection

    (f) of such 
 requests that were denied, including the final decision of such 
 appeal.
 ``
            (v) The eligibility criteria under which each eligible 
 veteran has qualified for care or services under this section.
 ``
            (vi) Data with respect to the following:
 ``
            (I) Requests for care or services relating to 
 mental health.
 ``
            (II) Authorizations for emergency care, including 
 whether transportation for such care was required or 
 whether further care or a hospital stay was 
 required.''.

    (b) Application.--The amendment made by subsection

    (a) shall apply 
to each review conducted under subparagraph
        (A) of such section after 
the date of the enactment of this Act.

SEC. 6. LIMITATION ON MODIFICATION OF COMMUNITY CARE ACCESS STANDARDS.

 Any modification on or after the date of the enactment of this Act 
by the Secretary of Veterans Affairs of the conditions under which care 
is required to be provided under 

section 1703
            (d) of title 38, United 
States Code, either through a modification of the designated access 
standards under paragraph

    (1)
            (D) of such section, a modification of the 
criteria developed by the Secretary under paragraph

    (1)
        (E) of such 
section, or otherwise through regulation, shall not take effect until a 
joint resolution is enacted approving such modification to the 
conditions under which care is required to be provided under such 
section.
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