119-s219

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 219 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 219

 To direct the Secretary of Veterans Affairs to carry out a pilot 
 program to improve the ability of veterans to access medical care in 
 medical facilities of the Department of Veterans Affairs and in the 
 community by providing veterans the ability to choose health care 
 providers.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 23, 2025

 Mrs. Blackburn (for herself, Mr. Tuberville, Mr. Cramer, Mr. Wicker, 
 Mr. Rounds, Mr. Cruz, and Mr. Sheehy) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

 A BILL

 To direct the Secretary of Veterans Affairs to carry out a pilot 
 program to improve the ability of veterans to access medical care in 
 medical facilities of the Department of Veterans Affairs and in the 
 community by providing veterans the ability to choose health care 
 providers.

 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 ``Veterans Health Care Freedom Act''.

SEC. 2. PILOT PROGRAM ON ABILITY OF VETERANS TO CHOOSE HEALTH CARE 
 PROVIDERS.

    (a) Pilot Program.--

    (1) Requirement.--The Secretary of Veterans Affairs, acting 
 through the Center for Innovation for Care and Payment of the 
 Department of Veterans Affairs, shall carry out a pilot program 
 to improve the ability of eligible veterans to access hospital 
 care, medical services, and extended care services through the 
 covered care system by providing eligible veterans the ability 
 to choose health care providers.

    (2) Locations.--The Secretary shall select a minimum of 
 four Veterans Integrated Service Networks in which to carry out 
 the pilot program.

    (b) Removal of Certain Requirements To Access Care.--In carrying 
out the pilot program, the Secretary shall furnish hospital care, 
medical services, and extended care services to eligible veterans 
through the covered care system as follows:

    (1) At medical facilities of the Department of Veterans 
 Affairs, regardless of whether the facility is in the same 
 Veterans Integrated Service Network as the Network in which the 
 veteran resides.

    (2) At non-Department facilities pursuant to, as 
 appropriate--
        (A) section 1703 of title 38, United States Code, 
 without regard to the requirements specified in 
 subsection
            (d) of such section; or
        (B) section 1703A of such title, without regard to 
 whether the care or service is not feasibly available 
 to the eligible veteran from a facility of the 
 Department or through a contract or sharing agreement 
 entered into pursuant to a provision of law other than 
 such section as required under subparagraphs
        (A) and
            (C) of subsection

    (a)

    (1) of such section.
            (c) Election of Veteran.--In accordance with subsections
            (d) and

    (e) , an eligible veteran participating in the pilot program may elect 
to receive hospital care, medical services, and extended care services 
at any provider in the covered care system.
            (d) Coordination of Care.--

    (1) Selection.--Each eligible veteran participating in the 
 pilot program shall select a primary care provider in the 
 covered care system.

    (2) Coordination.--The primary care provider of an eligible 
 veteran selected under paragraph

    (1) shall--
        (A) coordinate with the Secretary and other health 
 care providers with respect to the hospital care, 
 medical services, and extended care services furnished 
 to the veteran under the pilot program; and
        (B) refer the veteran to specialty care providers 
 in the covered care system, as clinically necessary.

    (3) Systems.--The Secretary shall establish systems as the 
 Secretary determines appropriate to ensure that a primary care 
 provider can effectively coordinate the hospital care, medical 
 services, and extended care services furnished to a veteran 
 under the pilot program.

    (e) Specialty Care.--

    (1) Access.--Subject to subsection
            (d) (2)
        (B) , an eligible 
 veteran participating in the pilot program may select any 
 specialty care provider in the covered care system from which 
 to receive specialty care.

    (2) Designation.--The Secretary may designate a specialty 
 care provider as a primary care provider of an eligible veteran 
 participating in the pilot program if the Secretary determines 
 that such designation is in the health interests of the veteran 
 (such as an endocrinologist with respect to a veteran diagnosed 
 with diabetes, a neurologist with respect to a veteran 
 diagnosed with Parkinson's disease, or an obstetrician-
 gynecologist with respect to a female veteran).

    (f) Mental Health Care.--An eligible veteran participating in the 
pilot program may select a mental health care provider in the covered 
care system from which to receive mental health care.

    (g) Information.--In carrying out the pilot program, the Secretary 
shall furnish to eligible veterans the information on eligibility, cost 
sharing, treatments, and providers required for veterans to make 
informed decisions with respect to--

    (1) selecting primary care providers and specialty care 
 providers; and

    (2) treatments available to the veteran.

    (h) Duration.--

    (1) Phase in.--The Secretary shall carry out the pilot 
 program during the three-year period beginning on the date that 
 is one year after the date of the enactment of this Act.

    (2) Permanent requirement.--
        (A) Veterans community care program.--

Section 1703
            (d) of title 38, United States Code, is amended--
            (i) in paragraph

    (1) , by striking ``The 
 Secretary shall'' and inserting ``Except as 
 provided by paragraph

    (4) , the Secretary 
 shall''; and
            (ii) by adding at the end the following new 
 paragraph:
 ``

    (5) Beginning on the date that is four years after the date of 
the enactment of the Veterans Health Care Freedom Act--
 ``
        (A) the requirements under paragraphs

    (1) ,

    (2) ,

    (3) , and

    (4) shall not apply with respect to furnishing hospital care, 
 medical services, and extended care services to a covered 
 veteran under this section; and
 ``
        (B) the Secretary shall furnish hospital care, medical 
 services, and extended care services to a covered veteran under 
 this section with the same conditions on the ability of the 
 veteran to choose health care providers as specified in the 
 pilot program described in 

section 2 of such Act.''.
        (B) Veterans care agreements.--

Section 1703A

    (a)

    (1) of such title is amended--
            (i) in subparagraph
            (C) , by striking ``For 
 purposes'' and inserting ``Except as provided 
 by subparagraph
        (E) , for purposes''; and
            (ii) by adding at the end the following new 
 subparagraph:
 ``
        (E) Beginning on the date that is four years after the date of 
the enactment of the Veterans Health Care Freedom Act--
 ``
            (i) the requirement under subparagraph
        (A) and
            (C) that 
 care or services may only be furnished under this section to 
 covered individuals when such care or services are not feasibly 
 available to the covered individual from a facility of the 
 Department or through a contract or sharing agreement entered 
 into pursuant to a provision of law other than this section 
 shall not apply with respect to furnishing hospital care, 
 medical services, and extended care services to a covered 
 individual under this section; and
 ``
            (ii) the Secretary shall furnish hospital care, medical 
 services, and extended care services to a covered individual 
 under this section with the same conditions on the ability of 
 the individual to choose health care providers as specified in 
 the pilot program described in 

section 2 of such Act.''.
            (C) VISNs.--Beginning on the date that is four 
 years after the date of the enactment of this Act, the 
 Secretary shall furnish hospital care, medical 
 services, and extended care services to veterans under 
 chapter 17 of title 38, United States Code, at medical 
 facilities of the Department of Veterans Affairs, 
 regardless of whether the facility is in the same 
 Veterans Integrated Service Network as the Network in 
 which the veteran resides.
            (i) Reports.--

    (1) Implementation.--
        (A) In general.--On a quarterly basis during the 
 two-year period beginning on the date of the enactment 
 of this 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 on the implementation of the 
 pilot program.
        (B) Final design.--One of the reports required 
 under subparagraph
        (A) shall contain a description of 
 the final design of the pilot program.

    (2) Annual.--On an annual basis during the period beginning 
 on the date that is one year after the date of the submission 
 of the final report under paragraph

    (1) and ending on the date 
 of the conclusion of the pilot program, 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 on the results of the pilot program.

    (j) Regulations.--The Secretary, in consultation with the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives, may prescribe regulations to 
carry out this section.

    (k) No Additional Appropriations.--No additional funds are 
authorized to be appropriated to carry out this section and the 
amendments made by this section, and this section and the amendments 
made by this section shall be carried out using amounts otherwise made 
available to the Veterans Health Administration.
            (l) === Definitions. ===
-In this section:

    (1) Covered care system.--The term ``covered care system'' 
 means each--
        (A) medical facility of the Department;
        (B) health care provider specified in subsection 
 1703
            (c) of title 38, United States Code; and
            (C) eligible entity or provider that has entered 
 into a Veterans Care Agreement under 

section 1703A of 
 such title.

    (2) Eligible veteran.--The term ``eligible veteran'' means 
 a veteran who is enrolled in the patient enrollment system of 
 the Department of Veterans Affairs under 

section 1705 of title 
 38, United States Code.

    (3) Hospital care; medical services; non-department 
 facilities.--The terms ``hospital care'', ``medical services'', 
 and ``non-Department facilities'' have the meanings given those 
 terms in 

section 1701 of title 38, United States Code.
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