Modernizing Veterans' Health Care Eligibility Act
This bill establishes the Commission on Eligibility to examine veterans' eligibility for health care from the Department of Veterans Affairs (VA). The President must require the VA and other relevant agencies to implement recommendations set forth by the commission that are feasible, advisable, and can be implemented without further legislative action.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 754 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 754
To establish an advisory commission regarding eligibility for health
care furnished by the Secretary of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Bost introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To establish an advisory commission regarding eligibility for health
care furnished by the Secretary of Veterans Affairs.
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 ``Modernizing Veterans' Health Care
Eligibility Act''.
SEC. 2. COMMISSION ON ELIGIBILITY.
(a) Establishment of Commission.--
(1) In general.--There is established a commission, to be
known as the ``Commission on Eligibility'' (in this section
referred to as the ``Commission''), to examine eligibility for
health care from the Department of Veterans Affairs.
(2) Membership.--
(A) Voting members.--The Commission shall be
composed of 15 voting members who are appointed as
follows:
(i) Three members appointed by the Speaker
of the House of Representatives, at least one
of whom shall be a veteran.
(ii) Three members appointed by the
minority leader of the House of
Representatives, at least one of whom shall be
a veteran.
(iii) Three members appointed by the
majority leader of the Senate, at least one of
whom shall be a veteran.
(iv) Three members appointed by the
minority leader of the Senate, at least one of
whom shall be a veteran.
(v) Three members appointed by the
President, at least two of whom shall be
veterans.
(B) Qualifications.--Of the members appointed under
subparagraph (A)--
(i) at least one member shall represent an
organization recognized by the Secretary of
Veterans Affairs for the representation of
veterans under section 5902 of title 38, United
States Code;
(ii) at least one member shall have
experience as senior management for a private
integrated health care system with an annual
gross revenue of more than $50,000,000;
(iii) at least one member shall be familiar
with government health care systems, including
those systems of the Department of Defense, the
Indian Health Service, or Federally-qualified
health centers (as defined in section
1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))); and
(iv) at least one member shall be familiar
with the Veterans Health Administration but
shall not be currently employed by the Veterans
Health Administration.
(C) Date.--The appointments of members of the
Commission shall be made not later than one year after
the date of the enactment of this Act.
(3) Period of appointment.--
(A) In general.--Members shall be appointed for the
life of the Commission.
(B) Vacancies.--Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original appointment.
(4) Initial meeting.--Not later than 15 days after the date
on which eight voting members of the Commission have been
appointed, the Commission shall hold its first meeting.
(5) Meetings.--The Commission shall meet at the call of the
Chairperson.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson and vice chairperson.--The President shall
designate a member of the commission to serve as Chairperson of
the Commission. The Commission shall select a Vice Chairperson
from among its members.
(b) Duties of Commission.--
(1) Evaluation and assessment.--The Commission shall
undertake a comprehensive evaluation and assessment of
eligibility to receive health care from the Department of
Veterans Affairs.
(2) Matters evaluated and assessed.--In undertaking the
comprehensive evaluation and assessment required by paragraph
(1), the Commission shall evaluate and assess the following:
(A) General eligibility.
(B) Eligibility of veterans with service-connected
conditions.
(C) Eligibility of veterans with non-service-
connected conditions.
(D) Eligibility of veterans who have other
insurance or health care coverage (including Medicare
and TRICARE).
(E) Eligibility of veterans exposed to combat.
(F) Eligibility of veterans exposed to toxic
substances or radiation.
(G) Eligibility of veterans with discharges under
conditions other than honorable.
(H) Eligibility for long-term care.
(I) Eligibility for mental health care.
(J) Assigned priority for care.
(K) Required copayments and other cost-sharing
mechanisms.
(L) Other matters the Commission determines
appropriate.
(3) Reports.--The Commission shall submit to the President,
through the Secretary of Veterans Affairs, reports as follows:
(A) Not later than 90 days after the date of the
initial meeting of the Commission, an interim report
on--
(i) the findings of the Commission with
respect to the evaluation and assessment
required by this subsection; and
(ii) such recommendations as the Commission
may have for legislative or administrative
action to revise and simplify eligibility to
receive health care from the Department of
Veterans Affairs.
(B) Not later than one year after the date of the
initial meeting of the Commission, a final report on--
(i) the findings of the Commission with
respect to the evaluation and assessment
required by this subsection; and
(ii) such recommendations as the Commission
may have for legislative or administrative
action to revise and simplify eligibility to
receive health care from the Department of
Veterans Affairs.
(c) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal agency such information as the
Commission considers necessary to carry out this section. Upon
request of the Chairperson of the Commission, the head of such
agency shall furnish such information to the Commission.
(d) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Each member of the Commission who
is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which such member is
engaged in the performance of the duties of the
Commission.
(B) Officers or employees of the united states.--
All members of the Commission who are officers or
employees of the United States shall serve without
compensation in addition to that received for their
services as officers or employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(e) Termination of the Commission.--The Commission shall terminate
30 days after the date on which the Commission submits the report under
subsection (b)(3)(B).
(f) Funding.--The Secretary of Veterans Affairs shall make
available to the Commission from amounts appropriated or otherwise made
available to the Secretary such amounts as the Secretary and the
Chairperson of the Commission jointly consider appropriate for the
Commission to perform its duties under this section.
(g) Executive Action.--
(1) Action on recommendations.--The President shall require
the Secretary of Veterans Affairs and such other heads of
relevant Federal departments and agencies to implement each
recommendation set forth in a report submitted under subsection
(b)(3) that the President--
(A) considers feasible and advisable; and
(B) determines can be implemented without further
legislative action.
(2) Reports.--Not later than 60 days after the date on
which the President receives a report under subsection (b)(3),
the President shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives and such
other committees of Congress as the President considers
appropriate a report setting forth the following:
(A) An assessment of the feasibility and
advisability of each recommendation contained in the
report received by the President.
(B) For each recommendation assessed as feasible
and advisable under subparagraph (A) the following:
(i) Whether such recommendation requires
legislative action.
(ii) If such recommendation requires
legislative action, a recommendation concerning
such legislative action.
(iii) A description of any administrative
action already taken to carry out such
recommendation.
(iv) A description of any administrative
action the President intends to be taken to
carry out such recommendation and by whom.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
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