CHAPTER 73 - VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND FUNCTIONS
Title 38 > CHAPTER 73
Sections (62)
§ 7301 Functions of Veterans Health Administration: in general
(a) There is in the Department of Veterans Affairs a Veterans Health Administration. The Under Secretary for Health is the head of the Administration. The Under Secretary for Health may be referred to as the Chief Medical Director.
(b) The primary function of the Administration is to provide a complete medical and hospital service for the medical care and treatment of veterans, as provided in this title and in regulations prescribed by the Secretary pursuant to this title.
§ 7302 Functions of Veterans Health Administration: health-care personnel education and training programs
(a) In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary— to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as— physician assistants; expanded-function dental auxiliaries; and other medical technicians.
(b) In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities.
(c) In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration.
(d) The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations: Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions. Other institutions of higher learning. Medical centers. Academic health centers. Hospitals. Such other public or nonprofit agencies, institutions, or organizations as the Secretary considers appropriate.
(e) In carrying out this section, the Secretary shall establish medical residency programs, or ensure that already established medical residency programs have a sufficient number of residency positions, at any medical facility of the Department that the Secretary determines— is experiencing a shortage of physicians; and is located in a community that is designated as a health professional shortage area (as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e )). In carrying out paragraph (1), the Secretary shall— allocate the residency positions under such paragraph among occupations included in the most current determination published in the Federal Register pursuant to section 7412(a) of this title ; and give priority to residency positions and programs in primary care, mental health, and any other specialty the Secretary determines appropriate.
§ 7303 Functions of Veterans Health Administration: research programs
(a) In order to carry out more effectively the primary function of the Administration and in order to contribute to the Nation’s knowledge about disease and disability, the Secretary shall carry out a program of medical research in connection with the provision of medical care and treatment to veterans. Funds appropriated to carry out this section shall remain available until expended. Such program of medical research shall include biomedical research, mental illness research, prosthetic and other rehabilitative research, and health-care-services research. Such program shall stress— research into spinal-cord injuries and other diseases that lead to paralysis of the lower extremities; and research into injuries and illnesses particularly related to service. In carrying out such research program, the Secretary shall act in cooperation with the entities described in section 7302(d) of this title .
(b) Prosthetic research shall include research and testing in the field of prosthetic, orthotic, and orthopedic appliances and sensory devices. In order that the unique investigative material and research data in the possession of the Government may result in the improvement of such appliances and devices for all disabled persons, the Secretary (through the Under Secretary for Health) shall make the results of such research available to any person, and shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers).
(c) In conducting or supporting clinical research, the Secretary shall ensure that, whenever possible and appropriate— women who are veterans are included as subjects in each project of such research; and members of minority groups who are veterans are included as subjects of such research. In the case of a project of clinical research in which women or members of minority groups will under paragraph (1) be included as subjects of the research, the Secretary shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research.
(d) The Secretary, in carrying out the Secretary’s responsibilities under this section, shall foster and encourage the initiation and expansion of research relating to the health of veterans who are women. In carrying out this subsection, the Secretary shall consult with the following to assist the Secretary in setting research priorities: Officials of the Department assigned responsibility for women’s health programs and sexual trauma services. The members of the Advisory Committee on Women Veterans. Members of appropriate task forces and working groups within the Department (including the Women Veterans Working Group and the Task Force on Treatment of Women Who Suffer Sexual Abuse).
§ 7304 Regulations
(a) Unless specifically otherwise provided, the Under Secretary for Health shall prescribe all regulations necessary to the administration of the Veterans Health Administration, including regulations relating to— travel, transportation of household goods and effects, and deductions from pay for quarters and subsistence; and the custody, use, and preservation of the records, papers, and property of the Administration.
(b) Regulations prescribed by the Under Secretary for Health are subject to the approval of the Secretary.
§ 7305 Divisions of Veterans Health Administration
The Veterans Health Administration shall include the following: The Office of the Under Secretary for Health. A Medical Service. A Dental Service. A Podiatric Service. An Optometric Service. A Nursing Service. A Readjustment Counseling Service. Such other professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of the Administration. (Added Pub. L. 102–40, title IV, § 401(a)(3) , May 7, 1991 , 105 Stat. 212 ; amended Pub. L. 102–405, title III, § 302(c)(1) , Oct. 9, 1992 , 106 Stat. 1984 ; Pub. L. 112–239, div. A, title VII, § 728(c) , Jan. 2, 2013 , 126 Stat. 1813 .)
§ 7306 Office of the Under Secretary for Health
(a) The Office of the Under Secretary for Health shall consist of the following: The Deputy Under Secretary for Health, who shall be the principal assistant of the Under Secretary for Health and who shall be a qualified doctor of medicine. The Associate Deputy Under Secretary for Health, who shall be an assistant to the Under Secretary for Health and the Deputy Under Secretary for Health and who shall be a qualified doctor of medicine. Not to exceed eight Assistant Under Secretaries for Health. Such Medical Directors as may be appointed to suit the needs of the Department, who shall be either a qualified doctor of medicine or a qualified doctor of dental surgery or dental medicine. A Director of Nursing Service, who shall be a qualified registered nurse and who shall be responsible to, and report directly to, the Under Secretary for Health for the operation of the Nursing Service. A Director of Pharmacy Service, a Director of Dietetic Service, and a Director of Optometric Service, who shall be responsible to the Under Secretary for Health for the operation of their respective Services. Such directors of such other professional or auxiliary services as may be appointed to suit the needs of the Department, who shall be responsible to the Under Secretary for Health for the operation of their respective services. The Director of the National Center for Preventive Health, who shall be responsible to the Under Secretary for Health for the operation of the Center. The Director of Physician Assistant Services, who shall— serve in a full-time capacity at the Central Office of the Department; be a qualified physician assistant; and be responsible and report directly to the Chief Patient Care Services Officer of the Veterans Health Administration on all matters relating to the education and training, employment, appropriate use, and optimal participation of physician assistants within the programs and initiatives of the Administration. A Podiatric Medical Director, who shall be a qualified doctor of podiatric medicine and who shall be responsible to the Under Secretary for Health for the operation of the Podiatric Service. The Chief Officer of Women’s Health. Such other personnel as may be authorized by this chapter.
(b) Appointments under subsection (a) shall be made by the Secretary. In the case of appointments under paragraphs (1), (2), (3), (4), (8), and (10) of that subsection, such appointments shall be made upon the recommendation of the Under Secretary for Health.
(c) Except as provided in subsection (d)— any appointment under this section shall be for a period of four years, with reappointment permissible for successive like periods, any such appointment or reappointment may be extended by the Secretary for a period not in excess of three years, and any person so appointed or reappointed or whose appointment or reappointment is extended shall be subject to removal by the Secretary for cause.
(d) The Secretary may designate a member of the Chaplain Service of the Department as Director, Chaplain Service, for a period of two years, subject to removal by the Secretary for cause. Redesignation under this subsection may be made for successive like periods or for any period not exceeding two years. A person designated as Director, Chaplain Service, shall at the end of such person’s period of service as Director revert to the position, grade, and status which such person held immediately before being designated Director, Chaplain Service, and all service as Director, Chaplain Service, shall be creditable as service in the former position.
(e) In organizing the Office and appointing persons to positions in the Office, the Under Secretary shall ensure that— the Office is staffed so as to provide the Under Secretary, through a designated clinician in the appropriate discipline in each instance, with expertise and direct policy guidance on— unique programs operated by the Administration to provide for the specialized treatment and rehabilitation of disabled veterans (including blind rehabilitation, care of spinal cord dysfunction, mental illness, and long-term care); and the programs established under section 1712A of this title ; and with respect to the programs established under section 1712A of this title , a clinician with appropriate expertise in those programs is responsible to the Under Secretary for the management of those programs.
(f) For purposes of applying any provision of chapter 74 of this title, including sections 7404, 7410, and 7421, or any other provision of law, the Secretary may treat any appointment for a position under this chapter to be an appointment under this section.
§ 7307 Office of Research Oversight
(a) Requirement for Office.— There is in the Veterans Health Administration an Office of Research Oversight (hereinafter in this section referred to as the “Office”). The Office shall advise the Under Secretary for Health on matters of compliance and assurance in human subjects protections, research safety, and research impropriety and misconduct. The Office shall function independently of entities within the Veterans Health Administration with responsibility for the conduct of medical research programs. The Office shall— monitor, review, and investigate matters of medical research compliance and assurance in the Department with respect to human subjects protections; and monitor, review, and investigate matters relating to the protection and safety of human subjects and Department employees participating in medical research in Department programs.
(b) Director.— The head of the Office shall be a Director, who shall report directly to the Under Secretary for Health (without delegation). Any person appointed as Director shall be— an established expert in the field of medical research, administration of medical research programs, or similar fields; and qualified to carry out the duties of the Office based on demonstrated experience and expertise.
(c) Functions.— The Director shall report to the Under Secretary for Health on matters relating to protections of human subjects in medical research projects of the Department under any applicable Federal law and regulation, the safety of employees involved in Department medical research programs, and suspected misconduct and impropriety in such programs. In carrying out the preceding sentence, the Director shall consult with employees of the Veterans Health Administration who are responsible for the management and conduct of Department medical research programs. The matters to be reported by the Director to the Under Secretary under paragraph (1) shall include allegations of research impropriety and misconduct by employees engaged in medical research programs of the Department. When the Director determines that such a recommendation is warranted, the Director may recommend to the Under Secretary that a Department research activity be terminated, suspended, or restricted, in whole or in part. In a case in which the Director reasonably believes that activities of a medical research project of the Department place human subjects’ lives or health at imminent risk, the Director shall direct that activities under that project be immediately suspended or, as appropriate and specified by the Director, be limited.
(d) General Functions.— The Director shall conduct periodic inspections and reviews, as the Director determines appropriate, of medical research programs of the Department. Such inspections and reviews shall include review of required documented assurances. The Director shall observe external accreditation activities conducted for accreditation of medical research programs conducted in facilities of the Department. The Director shall investigate allegations of research impropriety and misconduct in medical research projects of the Department. The Director shall submit to the Under Secretary for Health, the Secretary, and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on any suspected lapse, from whatever cause or causes, in protecting safety of human subjects and others, including employees, in medical research programs of the Department. The Director shall carry out such other duties as the Under Secretary for Health may require.
(e) Source of Funds.— Amounts for the activities of the Office, including its regional offices, shall be derived from amounts appropriated for the Veterans Health Administration for Medical Care.
(f) Annual Report.— Not later than March 15 each year, the Director shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the activities of the Office during the preceding calendar year. Each such report shall include, with respect to that year, the following: A summary of reviews of individual medical research programs of the Department completed by the Office. Directives and other communications issued by the Office to field activities of the Department. Results of any investigations undertaken by the Office during the reporting period consonant with the purposes of this section. Other information that would be of interest to those committees in oversight of the Department medical research program.
(g) Medical Research.— For purposes of this section, the term “medical research” means medical research described in section 7303(a)(2) of this title .
§ 7308 Office of Rural Health
(a) Establishment.— There is established in the Department within the Office of the Under Secretary for Health an office to be known as the “Office of Rural Health” (in this section referred to as the “Office”).
(b) Head.— The Director of the Office of Rural Health shall be the head of the Office. The Director of the Office of Rural Health shall be appointed by the Under Secretary of Health from among individuals qualified to perform the duties of the position.
(c) Functions.— The functions of the Office are as follows: In cooperation with the medical, rehabilitation, health services, and cooperative studies research programs in the Office of Policy and the Office of Research and Development of the Veterans Health Administration, to assist the Under Secretary for Health in conducting, coordinating, promoting, and disseminating research into issues affecting veterans living in rural areas. To work with all personnel and offices of the Department of Veterans Affairs to develop, refine, and promulgate policies, best practices, lessons learned, and innovative and successful programs to improve care and services for veterans who reside in rural areas of the United States. To designate in each Veterans Integrated Service Network (VISN) an individual who shall consult on and coordinate the discharge in such Network of programs and activities of the Office for veterans who reside in rural areas of the United States. To perform such other functions and duties as the Secretary or the Under Secretary for Health considers appropriate.
(d) Rural Health Resource Centers.— There are, in the Office, veterans rural health resource centers that serve as satellite offices for the Office. The veterans rural health resource centers have purposes as follows: To improve the understanding of the Office of the challenges faced by veterans living in rural areas. To identify disparities in the availability of health care to veterans living in rural areas. To formulate practices or programs to enhance the delivery of health care to veterans living in rural areas. To develop special practices and products for the benefit of veterans living in rural areas and for implementation of such practices and products in the Department systemwide.
§ 7309 Readjustment Counseling Service
(a) In General.— There is in the Veterans Health Administration a Readjustment Counseling Service. The Readjustment Counseling Service shall provide readjustment counseling and associated services to individuals in accordance with section 1712A of this title .
(b) Chief Officer.— The head of the Readjustment Counseling Service shall be the Chief Officer of the Readjustment Counseling Service (in this section referred to as the “Chief Officer”), who shall report directly to the Under Secretary for Health. The Chief Officer shall be appointed by the Under Secretary for Health from among individuals who— are psychologists who hold a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and who have successfully undergone an internship approved by that association; are holders of a master in social work degree; or hold such other advanced degrees related to mental health as the Secretary considers appropriate; have at least three years of experience providing direct counseling services or outreach services in the Readjustment Counseling Service; have at least three years of experience administrating direct counseling services or outreach services in the Readjustment Counseling Service; meet the quality standards and requirements of the Department; and are veterans who served in combat as members of the Armed Forces.
(c) Structure.— The Readjustment Counseling Service is a distinct organizational element within the Veterans Health Administration. The Readjustment Counseling Service shall provide counseling and services as described in subsection (a). The Chief Officer shall have direct authority over all Readjustment Counseling Service staff and assets, including Vet Centers.
(d) Source of Funds.— Amounts for the activities of the Readjustment Counseling Service, including the operations of its Vet Centers, shall be derived from amounts appropriated for the Veterans Health Administration for medical care. Amounts for activities of the Readjustment Counseling Service, including the operations of its Vet Centers, shall not be allocated through the Veterans Equitable Resource Allocation system. In each budget request submitted for the Department of Veterans Affairs by the President to Congress under section 1105 of title 31 , the budget request for the Readjustment Counseling Service shall be listed separately.
(e) Annual Report.— Not later than March 15 of each year, 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 activities of the Readjustment Counseling Service during the preceding fiscal year. Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following: A summary of the activities of the Readjustment Counseling Service, including Vet Centers. A description of the workload and additional treatment capacity of the Vet Centers, including, for each Vet Center, the ratio of the number of full-time equivalent employees at such Vet Center and the number of individuals who received services or assistance at such Vet Center. A detailed analysis of demand for and unmet need for readjustment counseling services and the Secretary’s plan for meeting such unmet need, including the resources required to meet such unmet need, such as additional staff, additional locations, additional infrastructure, infrastructure improvements, and additional mobile Vet Centers. A description of actions taken by the Secretary to reduce— vacancies in counselor positions in the Readjustment Counseling Service; and the time it takes to hire such counselors. For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report a prediction of— trends in demand for care; long-term investments required with respect to the provision of care; requirements relating to maintenance of infrastructure; and other capital investment requirements with respect to the Readjustment Counseling Service, including Vet Centers, mobile Vet Centers, and community access points.
(f) Vet Center Defined.— In this section, the term “Vet Center” has the meaning given the term in section 1712A(h)(1) of this title .
§ 7309A Office of Patient Advocacy
(a) Establishment.— There is established in the Department within the Office of the Under Secretary for Health an office to be known as the “Office of Patient Advocacy” (in this section referred to as the “Office”).
(b) Head.— The Director of the Office of Patient Advocacy shall be the head of the Office. The Director of the Office of Patient Advocacy shall be appointed by the Under Secretary for Health from among individuals qualified to perform the duties of the position and shall report directly to the Under Secretary for Health.
(c) Function.— The function of the Office is to carry out the Patient Advocacy Program of the Department. In carrying out the Patient Advocacy Program of the Department, the Director shall ensure that patient advocates of the Department— advocate on behalf of veterans with respect to health care received and sought by veterans under the laws administered by the Secretary; carry out the responsibilities specified in subsection (d); and receive training in patient advocacy. Beginning not later than 18 months after the date of the enactment of this paragraph, the Director shall establish an information technology system that will allow a veteran (or the designated representative of a veteran) to electronically— file a complaint that will be received by the appropriate patient advocate; and at any time view the status of the complaint, including interim and final actions that have been taken to address the complaint.
(d) Patient Advocacy Responsibilities.— The responsibilities of each patient advocate at a medical facility of the Department are the following: To resolve complaints by veterans with respect to health care furnished under the laws administered by the Secretary that cannot be resolved at the point of service or at a higher level easily accessible to the veteran. To present at various meetings and to various committees the issues experienced by veterans in receiving such health care at such medical facility. To express to veterans their rights and responsibilities as patients in receiving such health care. To manage the Patient Advocate Tracking System of the Department at such medical facility. To compile data at such medical facility of complaints made by veterans with respect to the receipt of such health care at such medical facility and the satisfaction of veterans with such health care at such medical facility to determine whether there are trends in such data. To ensure that a process is in place for the distribution of the data compiled under paragraph (5) to appropriate leaders, committees, services, and staff of the Department. To identify, not less frequently than quarterly, opportunities for improvements in the furnishing of such health care to veterans at such medical facility based on complaints by veterans. To ensure that any significant complaint by a veteran with respect to such health care is brought to the attention of appropriate staff of the Department to trigger an assessment of whether there needs to be a further analysis of the problem at the facility-wide level. To support any patient advocacy programs carried out by the Department. To ensure that all appeals and final decisions with respect to the receipt of such health care are entered into the Patient Advocate Tracking System of the Department. To understand all laws, directives, and other rules with respect to the rights and responsibilities of veterans in receiving such health care, including the appeals processes available to veterans. To ensure that veterans receiving mental health care, or the surrogate decision-makers for such veterans, are aware of the rights of veterans to seek representation from systems established under section 103 of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 ( 42 U.S.C. 10803 ) to protect and advocate the rights of individuals with mental illness and to investigate incidents of abuse and neglect of such individuals. To fulfill requirements established by the Secretary with respect to the inspection of controlled substances. To document potentially threatening behavior and report such behavior to appropriate authorities.
(e) Training.— In providing training to patient advocates under subsection (c)(2)(C), the Director shall ensure that such training is consistent throughout the Department.
(f) Controlled Substance Defined.— In this section, the term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ).
§ 7310 Office of Women’s Health
(a) Establishment.— The Under Secretary for Health shall establish and operate in the Veterans Health Administration the Office of Women’s Health (in this section referred to as the “Office”). The Office shall be located at the Central Office of the Department of Veterans Affairs. The head of the Office is the Chief Officer of Women’s Health (in this section referred to as the “Chief Officer”). The Chief Officer shall report to the Under Secretary for Health. The Under Secretary for Health shall provide the Office with such staff and other support as may be necessary for the Office to carry out effectively the functions of the Office under this section. The Under Secretary for Health may reorganize existing offices within the Veterans Health Administration as of the date of the enactment of this section in order to avoid duplication with the functions of the Office.
(b) Functions.— The functions of the Office include the following: To provide a central office for monitoring and encouraging the activities of the Veterans Health Administration with respect to the provision, evaluation, and improvement of health care services provided to women veterans by the Department. To develop and implement standards of care for the provision of health care for women veterans by the Department. To monitor and identify deficiencies in standards of care for the provision of health care for women veterans by the Department, to provide technical assistance to medical facilities of the Department to address and remedy deficiencies, and to perform oversight of implementation of such standards of care. To monitor and identify deficiencies in standards of care for the provision of health care for women veterans provided through the community pursuant to this title and to provide recommendations to the appropriate office to address and remedy any deficiencies. To oversee distribution of resources and information related to health programming for women veterans under this title. To promote the expansion and improvement of clinical, research, and educational activities of the Veterans Health Administration with respect to the health care of women veterans. To provide, as part of the annual budgeting process, recommendations with respect to the amounts to be requested for furnishing hospital care and medical services to women veterans pursuant to chapter 17 of this title, including, at a minimum, recommendations that ensure that such amounts either reflect or exceed the proportion of veterans enrolled in the system of patient enrollment of the Department established and operated under section 1705(a) of this title who are women. To provide recommendations to the Under Secretary for Health with respect to modifying the Veterans Equitable Resource Allocation system, or successor system, to ensure that resource allocations under such system, or successor system, reflect the health care needs of women veterans. To carry out such other duties as the Under Secretary for Health may require.
(c) Recommendations.— If the Under Secretary for Health determines not to implement any recommendation made by the Chief Officer with respect to the allocation of resources to address the health care needs of women veterans, the Secretary shall notify the appropriate congressional committees of such determination by not later than 30 days after the date on which the Under Secretary for Health receives the recommendation. Each notification under paragraph (1) relating to a determination with respect to a recommendation shall include the following: The reasoning of the Under Secretary for Health in making the determination. An alternative, if one is selected, to the recommendation that the Under Secretary for Health will carry out to fulfill the health care needs of women veterans.
(d) Standards of Care.— For purposes of carrying out the functions of the Office under this section, the standards of care for the provision of health care for women veterans from the Department shall include, at a minimum, the following: A requirement for— at least one designated women’s health primary care provider at each medical center of the Department whose duties include, to the extent practicable, providing training to other health care providers of the Department with respect to the needs of women veterans; and at least one designated women’s health primary care provider at each community-based outpatient clinic of the Department who may serve women patients as a percentage of the total duties of the provider. Other requirements as determined by the Under Secretary for Health.
(e) Outreach.— The Chief Officer shall ensure that— not less frequently than biannually, each medical facility of the Department holds a public forum for women veterans that occurs outside of regular business hours; and not less frequently than quarterly, each medical facility of the Department convenes a focus group of women veterans that includes a discussion of harassment occurring at such facility.
(f) Definitions.— In this section: The term “appropriate congressional committees” has the meaning given that term in section 7310A(h) of this title . The term “facility of the Department” has the meaning given the term “facilities of the Department” in section 1701(3) of this title . The term “Veterans Equitable Resource Allocation system” means the resource allocation system established pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 ( Public Law 104–204 ; 110 Stat. 2929 ).
§ 7310A Annual reports on Women’s Health
(a) Annual Reports.— Not later than December 1 of each year, the Chief Officer of Women’s Health shall submit to the appropriate congressional committees a report containing the matters under subsections (b) through (g).
(b) Office of Women’s Health.— Each report under subsection (a) shall include a description of— actions taken by the Office of Women’s Health established under section 7310 of this title in the preceding fiscal year to improve the provision of health care by the Department to women veterans; any identified deficiencies related to the provision of health care by the Department to women veterans and the standards of care established in such section and the plan of the Department to address such deficiencies; the funding and personnel provided to the Office and whether additional funding or personnel are needed to meet the requirements of such section; and other information that would be of interest to the appropriate congressional committees with respect to oversight of the provision of health care by the Department to women veterans.
(c) Access to Gender-specific Services.— Each report under subsection (a) shall include an analysis of the access of women veterans to gender-specific services under contracts, agreements, or other arrangements with non-Department medical providers entered into by the Secretary for the provision of hospital care or medical services to veterans. The analysis under paragraph (1) shall include data and performance measures for the availability of gender-specific services described in such paragraph, including— the average wait time between the preferred appointment date of the veteran and the date on which the appointment is completed; the average driving time required for veterans to attend appointments; and reasons why appointments could not be scheduled with non-Department medical providers.
(d) Models of Care.— Each report under subsection (a) shall include an analysis of the use by the Department of general primary care clinics, separate but shared spaces, and women’s health centers as delivery of care models for women veterans. The analysis under paragraph (1) shall include the following: The number of facilities of the Department that fall into each delivery of care model described in such paragraph, disaggregated by Veterans Integrated Service Network and State. A description of the criteria used by the Department to determine which such model is most appropriate for each facility of the Department. An assessment of how the Department decides to make investments to modify facilities to a different model. A description of what, if any, plans the Department has to modify facilities from general primary care clinics to another model. An assessment of whether any facilities could be modified to a separate but shared space for a women’s health center within planned investments under the strategic capital investment planning process of the Department. An assessment of whether any facilities could be modified to a separate or shared space or a women’s health center with minor modifications to existing plans under the strategic capital investment planning process of the Department. An assessment of whether the Department has a goal for how many facilities should fall into each such model.
(e) Staffing.— Each report under subsection (a) shall include an analysis of the staffing of the Department relating to the treatment of women, including the following, disaggregated by Veterans Integrated Service Network and State (except with respect to paragraph (4)): The number of women’s health centers. The number of patient aligned care teams of the Department relating to women’s health. The number of full- and part-time gynecologists of the Department. The number of designated women’s health care providers of the Department, disaggregated by facility of the Department. The number of health care providers of the Department who have completed a mini-residency for women’s health care through the Women Veterans Health Care Mini-Residency Program of the Department during the one-year period preceding the submittal of the report and the number of mini-residency training slots for such program that are available during the one-year period following such date. The number of designated women’s health care providers of the Department who have sufficient women patient loads or case complexities to retain their competencies and proficiencies.
(f) Accessibility and Treatment Options.— Each report under subsection (a) shall include an analysis of the accessibility and treatment options for women veterans, including the following: An assessment of wheelchair accessibility of women’s health centers of the Department, including, with respect to each such center, an assessment of accessibility for each kind of treatment provided at the center, including with respect to radiology and mammography, that addresses all relevant factors, including door sizes, hoists, and equipment. The options for women veterans to access mental health providers and primary care providers who are women. The options for women veterans at medical facilities of the Department with respect to clothing sizes, including for gowns, drawstring pants, and pajamas.
(g) Definitions.— In this section: The term “appropriate congressional committees” means— the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives. The term “gender-specific services” means mammography, obstetric care, gynecological care, and such other services as the Secretary determines appropriate.
§ 7311 Quality assurance
(a) The Secretary shall— establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Veterans Health Administration (hereinafter in this section referred to as the “quality-assurance program”); and delineate the responsibilities of the Under Secretary for Health with respect to the quality-assurance program, including the duties prescribed in this section.
(b) As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate— whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity standards for similar procedures; and if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration. The evaluation under paragraph (1)(A) shall be made using the information compiled under subsection (c)(1). The evaluation under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B). If, based upon an evaluation under paragraph (1)(A), the Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall explain the deviation in the report submitted under subsection (f). 1 As part of the quality-assurance program, the Under Secretary for Health shall establish mechanisms through which employees of Veterans Health Administration facilities may submit reports, on a confidential basis, on matters relating to quality of care in Veterans Health Administration facilities to the quality management officers of such facilities under section 7311A(c) of this title . The mechanisms shall provide for the prompt and thorough review of any reports so submitted by the receiving officials.
(c) The Under Secretary for Health shall— determine the prevailing national mortality and morbidity standards for each type of surgical procedure performed by the Administration; and collect data and other information on mortality and morbidity rates in the Administration for each type of surgical procedure performed by the Administration and (with respect to each such procedure) compile the data and other information so collected— for each medical facility of the Department, in the case of cardiac surgery, heart transplant, and renal transplant programs; and in the aggregate, for each other type of surgical procedure. The Under Secretary for Health shall— compare the mortality and morbidity rates compiled under paragraph (1)(B) with the national mortality and morbidity standards determined under paragraph (1)(A); and analyze any deviation between such rates and such standards in terms of the following: The characteristics of the respective patient populations. The level of risk for the procedure involved, based on— patient age; the type and severity of the disease; the effect of any complicating diseases; and the degree of difficulty of the procedure. Any other factor that the Under Secretary for Health considers appropriate.
(d) Based on the information compiled and the comparisons, analyses, evaluations, and explanations made under subsections (b) and (c), the Under Secretary for Health, in the report under subsection (f), 1 shall make such recommendations with respect to quality assurance as the Under Secretary for Health considers appropriate.
(e) The Secretary shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Administration to carry out its responsibilities under this section. The Inspector General of the Department shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Inspector General to monitor the quality-assurance program.
§ 7311A Quality management officers
(a) National Quality Management Officer.— The Under Secretary for Health shall designate an official of the Veterans Health Administration to act as the principal quality management officer for the quality-assurance program required by section 7311 of this title . The official so designated may be known as the “National Quality Management Officer of the Veterans Health Administration” (in this section referred to as the “National Quality Management Officer”). The National Quality Management Officer shall report directly to the Under Secretary for Health in the discharge of responsibilities and duties of the Officer under this section. The National Quality Management Officer shall be the official within the Veterans Health Administration who is principally responsible for the quality-assurance program referred to in paragraph (1). In carrying out that responsibility, the Officer shall be responsible for the following: Establishing and enforcing the requirements of the program referred to in paragraph (1). Developing an aggregate quality metric from existing data sources, such as the Inpatient Evaluation Center of the Department, the National Surgical Quality Improvement Program, and the External Peer Review Program of the Veterans Health Administration, that could be used to assess reliably the quality of care provided at individual Department medical centers and associated community based outpatient clinics. Ensuring that existing measures of quality, including measures from the Inpatient Evaluation Center, the National Surgical Quality Improvement Program, System-Wide Ongoing Assessment and Review reports of the Department, and Combined Assessment Program reviews of the Office of Inspector General of the Department, are monitored routinely and analyzed in a manner that ensures the timely detection of quality of care issues. Encouraging research and development in the area of quality metrics for the purposes of improving how the Department measures quality in individual facilities. Carrying out such other responsibilities and duties relating to quality management in the Veterans Health Administration as the Under Secretary for Health shall specify. The requirements under paragraph (3) shall include requirements regarding the following: A confidential system for the submittal of reports by Veterans Health Administration personnel regarding quality management at Department facilities. Mechanisms for the peer review of the actions of individuals appointed in the Veterans Health Administration in the position of physician.
(b) Quality Management Officers for VISNs.— The Regional Director of each Veterans Integrated Services Network shall appoint an official of the Network to act as the quality management officer of the Network. The quality management officer for a Veterans Integrated Services Network shall report to the Regional Director of the Veterans Integrated Services Network, and to the National Quality Management Officer, regarding the discharge of the responsibilities and duties of the officer under this section. The quality management officer for a Veterans Integrated Services Network shall— direct the quality management office in the Network; and coordinate, monitor, and oversee the quality management programs and activities of the Administration medical facilities in the Network in order to ensure the thorough and uniform discharge of quality management requirements under such programs and activities throughout such facilities.
(c) Quality Management Officers for Medical Facilities.— The director of each Veterans Health Administration medical facility shall appoint a quality management officer for that facility. The quality management officer for a facility shall report directly to the director of the facility, and to the quality management officer of the Veterans Integrated Services Network in which the facility is located, regarding the discharge of the responsibilities and duties of the quality management officer under this section. The quality management officer for a facility shall be responsible for designing, disseminating, and implementing quality management programs and activities for the facility that meet the requirements established by the National Quality Management Officer under subsection (a).
(d) Authorization of Appropriations.— Except as provided in paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out this section. There is authorized to be appropriated to carry out the provisions of subparagraphs (B), (C), and (D) of subsection (a)(3), $25,000,000 for the two-year period of fiscal years beginning after the date of the enactment of this section.
§ 7312 Special medical advisory group
(a) The Secretary shall establish an advisory committee to be known as the special medical advisory group. The advisory group shall advise the Secretary, through the Under Secretary for Health, and the Under Secretary for Health directly, relative to the care and treatment of disabled veterans and other matters pertinent to the Administration.
(b) Members of the special medical advisory group shall be appointed by the Secretary upon the recommendation of the Under Secretary for Health. The special medical advisory group shall be composed of— members of the medical, dental, podiatric, optometric, and allied scientific professions; other individuals considered by the Under Secretary for Health to have experience pertinent to the mission of the Administration; and a disabled veteran.
(c) The special medical advisory group shall meet on a regular basis as prescribed by the Secretary. The number, terms of service, pay, and allowances of members of the advisory group shall be prescribed in accordance with existing law and regulations.
(d) Not later than February 1 of each year, the special medical advisory group shall submit to the Secretary and the Congress a report on the activities of the advisory group during the preceding fiscal year. No report shall be required under this subsection after December 31, 2004 .
§ 7313 Advisory committees: affiliated institutions
(a) In each case where the Secretary has a contract or agreement with any school, institution of higher learning, medical center, hospital, or other public or nonprofit agency, institution, or organization for the training or education of health personnel, the Secretary shall establish an advisory committee to advise the Secretary and the Under Secretary for Health with respect to policy matters arising in connection with, and the operation of, the program with respect to which it was appointed. Such a committee may be a dean’s committee, a medical advisory committee, or the like.
(b) Any such advisory committee may be established on an institution-wide, multi-disciplinary basis or on a regional basis whenever establishment on such a basis is found to be feasible.
(c) Members of each such advisory committee shall be appointed by the Secretary and shall include personnel of the Department (including appropriate representation from the full-time staff) and of the entity with which the Secretary has entered into the contract or agreement. The number of members, and terms of members, of each advisory committee shall be prescribed by the Secretary.
(d) The Secretary shall require that the Chief of the Nursing Service (or the designee of the Chief) at each Department health-care facility be included in the membership of each policymaking committee at that facility. Such committees include: (1) committees relating to matters such as budget, education, position management, clinical executive issues, planning, and resource allocation, and (2) the dean’s committee or other advisory committee established under subsection (a).
§ 7314 Geriatric research, education, and clinical centers
(a) The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this section, shall designate not more than 25 Department health-care facilities as the locations for centers of geriatric research, education, and clinical activities and (subject to the appropriation of sufficient funds for such purpose) shall establish and operate such centers at such locations in accordance with this section.
(b) In designating locations for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall— designate each Department health-care facility that as of August 26, 1980 , was operating a geriatric research, education, and clinical center unless (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility does not meet the requirements of subsection (c) or has not demonstrated effectiveness in carrying out the established purposes of such center or the purposes of title III of the Veterans’ Administration Health-Care Amendments of 1980 ( Public Law 96–330 ; 94 Stat. 1048 ) or the potential to carry out such purposes effectively in the reasonably foreseeable future; and assure appropriate geographic distribution of such facilities.
(c) The Secretary may not designate a health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals which have met the highest competitive standards of scientific and clinical merit, and the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: An arrangement with an accredited medical school which provides education and training in geriatrics and with which such facility is affiliated under which residents receive education and training in geriatrics through regular rotation through such center and through nursing home, extended care, or domiciliary units of such facility so as to provide such residents with training in the diagnosis and treatment of chronic diseases of older individuals, including cardiopulmonary conditions, senile dementia, and neurological disorders. An arrangement under which nursing or allied health personnel receive training and education in geriatrics through regular rotation through nursing home, extended care, or domiciliary units of such facility. The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. A policymaking advisory committee composed of appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. The capability to conduct effectively evaluations of the activities of such center.
(d) In order to provide advice to assist the Secretary and the Under Secretary for Health in carrying out their responsibilities under this section, the Assistant Under Secretary for Health described in section 7306(b)(3) of this title shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this section. The membership of the panel shall consist of experts in the fields of geriatric and gerontological research, education, and clinical care. Members of the panel shall serve as consultants to the Department for a period of no longer than six months. The panel shall review each proposal submitted to the panel by the Assistant Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Assistant Under Secretary. The panel shall not be subject to chapter 10 of title 5.
(e) Before providing funds for the operation of any such center at a health-care facility other than a health-care facility designated under subsection (b)(1), the Secretary shall assure that the center at each facility designated under such subsection is receiving adequate funding to enable such center to function effectively in the areas of geriatric research, education, and clinical activities.
(f) There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.
(g) Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in geriatrics and gerontology.
§ 7315 Geriatrics and Gerontology Advisory Committee
(a) The Secretary shall establish in the Veterans Health Administration a Geriatrics and Gerontology Advisory Committee (hereinafter in this section referred to as the “Committee”). The membership of the Committee shall be appointed by the Secretary, upon the recommendation of the Under Secretary for Health, and shall include individuals who are not employees of the Federal Government and who have demonstrated interest and expertise in research, education, and clinical activities related to aging and at least one representative of a national veterans service organization. The Secretary, upon the recommendation of the Under Secretary for Health, shall invite representatives of other appropriate departments and agencies of the United States to participate in the activities of the Committee and shall provide the Committee with such staff and other support as may be necessary for the Committee to carry out effectively its functions under this section.
(b) The Committee shall— advise the Under Secretary for Health on all matters pertaining to geriatrics and gerontology; assess, through an evaluation process (including a site visit conducted not later than three years after the date of the establishment of each new center and not later than two years after the date of the last evaluation of those centers in operation on August 26, 1980 ), the ability of each center established under section 7314 of this title to achieve its established purposes and the purposes of title III of the Veterans’ Administration Health-Care Amendments of 1980 ( Public Law 96–330 ; 94 Stat. 1048 ); assess the capability of the Department to provide high quality geriatric services, extended services, and other health-care services to eligible older veterans, taking into consideration the likely demand for such services from such veterans; assess the current and projected needs of eligible older veterans for geriatric services, extended-care services, and other health-care services from the Department and its activities and plans designed to meet such needs; and perform such additional functions as the Secretary or Under Secretary for Health may direct.
(c) The Committee shall submit to the Secretary, through the Under Secretary for Health, such reports as the Committee considers appropriate with respect to its findings and conclusions under subsection (b). Such reports shall include the following: Descriptions of the operations of the centers of geriatric research, education, and clinical activities established pursuant to section 7314 of this title . Assessments of the quality of the operations of such centers. An assessment of the extent to which the Department, through the operation of such centers and other health-care facilities and programs, is meeting the needs of eligible older veterans for geriatric services, extended-care services, and other health-care services. Assessments of and recommendations for correcting any deficiencies in the operations of such centers. Recommendations for such other geriatric services, extended-care services, and other health-care services as may be needed to meet the needs of older veterans. Whenever the Committee submits a report to the Secretary under paragraph (1), the Committee shall at the same time transmit a copy of the report in the same form to the appropriate committees of Congress. Not later than 90 days after receipt of a report under that paragraph, the Secretary shall submit to the appropriate committees of Congress a report containing any comments and recommendations of the Secretary with respect to the report of the Committee.
§ 7316 Malpractice and negligence suits: defense by United States
(a) The remedy— against the United States provided by sections 1346(b) and 2672 of title 28, or through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a health care employee of the Administration in furnishing health care or treatment while in the exercise of that employee’s duties in or for the Administration shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the health care employee (or employee’s estate) whose act or omission gave rise to such claim. For purposes of paragraph (1), the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel.
(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary.
(c) Upon a certification by the Attorney General that the defendant was acting in the scope of such person’s employment in or for the Administration at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of such person’s office or employment, the case shall be remanded to the State court.
(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 , and with the same effect.
(e) The Secretary may, to the extent the Secretary considers appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a)), for damage for personal injury or death, or for property damage, negligently caused by such person while furnishing medical care or treatment (including the conduct of clinical studies or investigations) in the exercise of such person’s duties in or for the Administration, if such person is assigned to a foreign country, detailed to State or political division thereof, or is acting under any other circumstances which would preclude the remedies of an injured third person against the United States, provided by sections 1346(b) and 2672 of title 28, for such damage or injury.
(f) The exception provided in section 2680(h) of title 28 shall not apply to any claim arising out of a negligent or wrongful act or omission of any person described in subsection (a) in furnishing medical care or treatment (including medical care or treatment furnished in the course of a clinical study or investigation) while in the exercise of such person’s duties in or for the Administration.
§ 7317 Hazardous research projects: indemnification of contractors
(a) With the approval of the Secretary, any contract or research authorized by section 7303 of this title , the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor as provided in paragraph (2), but only to the extent that the liability, loss, or damage concerned arises out of the direct performance of the contract and to the extent not covered by the financial protection required under subsection (e). Indemnity under paragraph (1) is indemnity against either or both of the following: Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal workers’ injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
(b) A contract that provides for indemnification in accordance with subsection (a) must also provide for— notice to the United States of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and control of or assistance in the defense by the United States, at its election, of any such suit or claim for which indemnification is provided hereunder.
(c) A payment may not be made under subsection (a) unless the Secretary certifies that the amount is just and reasonable.
(d) Upon approval by the Secretary, payments under subsection (a) may be made from— funds obligated for the performance of the contract concerned; funds available for research or development or both, and not otherwise obligated; or funds appropriated for those payments.
(e) Each contractor which is a party to an indemnification agreement under subsection (a) shall have and maintain financial protection of such type and in such amounts as the Secretary shall require to cover liability to third persons and loss of or damage to the contractor’s property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the Secretary may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures.
(f) In administering the provisions of this section, the Secretary may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this section may be made without regard to the provisions of section 6101(b) to (d) of title 41, upon a showing by the Secretary that advertising is not reasonably practicable, and advance payments may be made under any such contract.
(g) The authority to indemnify contractors under this section does not create any rights in third persons which would not otherwise exist by law.
(h) Funds appropriated to carry out this section shall remain available until expended.
(i) In this section, the term “contractor” includes subcontractors of any tier under a contract containing an indemnification provision pursuant to subsection (a).
§ 7318 National Center for Preventive Health
(a) The Under Secretary for Health shall establish and operate in the Veterans Health Administration a National Center for Preventive Health (hereinafter in this section referred to as the “Center”). The Center shall be located at a Department health care facility. The head of the Center is the Director of Preventive Health (hereinafter in this section referred to as the “Director”). The Under Secretary for Health shall provide the Center with such staff and other support as may be necessary for the Center to carry out effectively its functions under this section.
(b) The purposes of the Center are the following: To provide a central office for monitoring and encouraging the activities of the Veterans Health Administration with respect to the provision, evaluation, and improvement of preventive health services. To promote the expansion and improvement of clinical, research, and educational activities of the Veterans Health Administration with respect to such services.
(c) In carrying out the purposes of the Center, the Director shall do the following: Develop and maintain current information on clinical activities of the Veterans Health Administration relating to preventive health services, including activities relating to— the on-going provision of regularly-furnished services; and patient education and screening programs carried out throughout the Administration. Develop and maintain detailed current information on research activities of the Veterans Health Administration relating to preventive health services. In order to encourage the effective provision of preventive health services by Veterans Health Administration personnel— ensure the dissemination to such personnel of any appropriate information on such services that is derived from research carried out by the Administration; and acquire and ensure the dissemination to such personnel of any appropriate information on research and clinical practices relating to such services that are carried out by researchers, clinicians, and educators who are not affiliated with the Administration. Facilitate the optimal use of the unique resources of the Department for cooperative research into health outcomes by initiating recommendations, and responding to requests of the Under Secretary for Health and the Director of the Medical and Prosthetic Research Service, for such research into preventive health services. Provide advisory services to personnel of Department health-care facilities with respect to the planning or furnishing of preventive health services by such personnel.
(d) There is authorized to be appropriated $1,500,000 to the Medical Care General and Special Fund of the Department of Veterans Affairs for each fiscal year for the purpose of permitting the National Center for Preventive Health to carry out research, clinical, educational, and administrative activities under this section. Such activities shall be considered to be part of the operation of health-care facilities of the Department without regard to the location at which such activities are carried out.
(e) In this section, the term “preventive health services” has the meaning given such term in section 1701(9) of this title .
§ 7319 Mammography quality standards
(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under subsection (e) of section 354 of the Public Health Service Act ( 42 U.S.C. 263b ).
(b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act.
(c) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency.
(d) The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act.
(e) For the purposes of this section, the term “mammogram” has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act.
§ 7320 Centers for mental illness research, education, and clinical activities
(a) The purpose of this section is to provide for the improvement of the provision of health-care services and related counseling services to eligible veterans suffering from mental illness (especially mental illness related to service-related conditions) through— the conduct of research (including research on improving mental health service facilities of the Department and on improving the delivery of mental health services by the Department); the education and training of health care personnel of the Department; and the development of improved models and systems for the furnishing of mental health services by the Department.
(b) The Secretary shall establish and operate centers for mental illness research, education, and clinical activities. Such centers shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). Each such center shall function as a center for— research on mental health services; the use by the Department of specific models for furnishing services to treat serious mental illness; education and training of health-care professionals of the Department; and the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department. The Secretary shall, upon the recommendation of the Under Secretary for Health, designate the centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the United States. The Secretary may designate a center under this section only if— the proposal submitted for the designation of the center meets the requirements of subsection (c); the Secretary makes the finding described in subsection (d); and the peer review panel established under subsection (e) makes the determination specified in subsection (e)(3) with respect to that proposal. Not more than five centers may be designated under this section. The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose.
(c) A proposal submitted for the designation of a center under this section shall— provide for close collaboration in the establishment and operation of the center, and for the provision of care and the conduct of research and education at the center, by a Department facility or facilities in the same geographic area which have a mission centered on care of the mentally ill and a Department facility in that area which has a mission of providing tertiary medical care; provide that no less than 50 percent of the funds appropriated for the center for support of clinical care, research, and education will be provided to the collaborating facility or facilities that have a mission centered on care of the mentally ill; and provide for a governance arrangement between the collaborating Department facilities which ensures that the center will be established and operated in a manner aimed at improving the quality of mental health care at the collaborating facility or facilities which have a mission centered on care of the mentally ill.
(d) The finding referred to in subsection (b)(2)(B) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendation of the Under Secretary for Health, that the facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: An arrangement with an accredited medical school that provides education and training in psychiatry and with which one or more of the participating Department facilities is affiliated under which medical residents receive education and training in psychiatry through regular rotation through the participating Department facilities so as to provide such residents with training in the diagnosis and treatment of mental illness. An arrangement with an accredited graduate program of psychology under which students receive education and training in clinical, counseling, or professional psychology through regular rotation through the participating Department facilities so as to provide such students with training in the diagnosis and treatment of mental illness. An arrangement under which nursing, social work, counseling, or allied health personnel receive training and education in mental health care through regular rotation through the participating Department facilities. The ability to attract scientists who have demonstrated achievement in research— into the evaluation of innovative approaches to the design of mental health services; or into the causes, prevention, and treatment of mental illness. The capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of mental health services provided by the Department at or through individual facilities.
(e) In order to provide advice to assist the Secretary and the Under Secretary for Health to carry out their responsibilities under this section, the official within the central office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of centers under this section. The panel shall consist of experts in the fields of mental health research, education and training, and clinical care. Members of the panel shall serve as consultants to the Department. The panel shall review each proposal submitted to the panel by the official referred to in paragraph (1) and shall submit to that official its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically determine with respect to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. The panel shall not be subject to chapter 10 of title 5.
(f) Clinical and scientific investigation activities at each center established under this section— may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and prosthetics research account; and shall receive priority in the award of funding from such account insofar as funds are awarded to projects and activities relating to mental illness.
(g) The Under Secretary for Health shall ensure that at least three centers designated under this section emphasize research into means of improving the quality of care for veterans suffering from mental illness through the development of community-based alternatives to institutional treatment for such illness.
(h) The Under Secretary for Health shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. Such dissemination shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding.
(i) The official within the central office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall be responsible for supervising the operation of the centers established pursuant to this section and shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section.
(j) There are authorized to be appropriated to the Department of Veterans Affairs for the basic support of the research and education and training activities of centers established pursuant to this section amounts as follows: 6,250,000 for each of fiscal years 1999 through 2001. In addition to funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department of Veterans Affairs medical services account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section.
§ 7321 Committee on Care of Severely Chronically Mentally Ill Veterans
(a) The Secretary, acting through the Under Secretary for Health, shall establish in the Veterans Health Administration a Committee on Care of Severely Chronically Mentally Ill Veterans. The Under Secretary shall appoint employees of the Department with expertise in the care of the chronically mentally ill to serve on the committee.
(b) The committee shall assess, and carry out a continuing assessment of, the capability of the Veterans Health Administration to meet effectively the treatment and rehabilitation needs of mentally ill veterans whose mental illness is severe and chronic and who are eligible for health care furnished by the Department, including the needs of such veterans who are women. In carrying out that responsibility, the committee shall— evaluate the care provided to such veterans through the Veterans Health Administration; identify systemwide problems in caring for such veterans in facilities of the Veterans Health Administration; identify specific facilities within the Veterans Health Administration at which program enrichment is needed to improve treatment and rehabilitation of such veterans; and identify model programs which the committee considers to have been successful in the treatment and rehabilitation of such veterans and which should be implemented more widely in or through facilities of the Veterans Health Administration.
(c) The committee shall— advise the Under Secretary regarding the development of policies for the care and rehabilitation of severely chronically mentally ill veterans; and make recommendations to the Under Secretary— for improving programs of care of such veterans at specific facilities and throughout the Veterans Health Administration; for establishing special programs of education and training relevant to the care of such veterans for employees of the Veterans Health Administration; regarding research needs and priorities relevant to the care of such veterans; and regarding the appropriate allocation of resources for all such activities.
(d) Not later than April 1, 1997 , the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementation of this section. The report shall include the following: A list of the members of the committee. The assessment of the Under Secretary for Health, after review of the initial findings of the committee, regarding the capability of the Veterans Health Administration, on a systemwide and facility-by-facility basis, to meet effectively the treatment and rehabilitation needs of severely chronically mentally ill veterans who are eligible for Department care. The plans of the committee for further assessments. The findings and recommendations made by the committee to the Under Secretary for Health and the views of the Under Secretary on such findings and recommendations. A description of the steps taken, plans made (and a timetable for their execution), and resources to be applied toward improving the capability of the Veterans Health Administration to meet effectively the treatment and rehabilitation needs of severely chronically mentally ill veterans who are eligible for Department care. Not later than June 1 of each year through 2012, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing information updating the reports submitted under this subsection before the submission of such report.
§ 7321A Committee on Care of Veterans with Traumatic Brain Injury
(a) Establishment.— The Secretary shall establish in the Veterans Health Administration a committee to be known as the “Committee on Care of Veterans with Traumatic Brain Injury”. The Under Secretary for Health shall appoint employees of the Department with expertise in the care of veterans with traumatic brain injury to serve on the committee.
(b) Responsibilities of Committee.— The committee shall assess, and carry out a continuing assessment of, the capability of the Veterans Health Administration to meet effectively the treatment and rehabilitation needs of veterans with traumatic brain injury. In carrying out that responsibility, the committee shall— evaluate the care provided to such veterans through the Veterans Health Administration; identify systemwide problems in caring for such veterans in facilities of the Veterans Health Administration; identify specific facilities within the Veterans Health Administration at which program enrichment is needed to improve treatment and rehabilitation of such veterans; and identify model programs which the committee considers to have been successful in the treatment and rehabilitation of such veterans and which should be implemented more widely in or through facilities of the Veterans Health Administration.
(c) Advice and Recommendations.— The committee shall— advise the Under Secretary regarding the development of policies for the care and rehabilitation of veterans with traumatic brain injury; and make recommendations to the Under Secretary— for improving programs of care of such veterans at specific facilities and throughout the Veterans Health Administration; for establishing special programs of education and training relevant to the care of such veterans for employees of the Veterans Health Administration; regarding research needs and priorities relevant to the care of such veterans; and regarding the appropriate allocation of resources for all such activities.
(d) Annual Report.— Not later than June 1, 2010 , and each year thereafter, 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 this section. Each such report shall include the following for the calendar year preceding the year in which the report is submitted: A list of the members of the committee. The assessment of the Under Secretary for Health, after review of the findings of the committee, regarding the capability of the Veterans Health Administration, on a systemwide and facility-by-facility basis, to meet effectively the treatment and rehabilitation needs of veterans with traumatic brain injury. The plans of the committee for further assessments. The findings and recommendations made by the committee to the Under Secretary for Health and the views of the Under Secretary on such findings and recommendations. A description of the steps taken, plans made (and a timetable for the execution of such plans), and resources to be applied toward improving the capability of the Veterans Health Administration to meet effectively the treatment and rehabilitation needs of veterans with traumatic brain injury.
§ 7322 Breast cancer mammography policy
(a) In General.— The Under Secretary for Health shall develop a national policy for the Veterans Health Administration on mammography screening for veterans.
(b) Standards for Screening.— The policy developed under subsection (a) shall— specify standards of mammography screening; provide recommendations with respect to screening, and the frequency of screening, for— women veterans who are over the age of 39; and veterans, without regard to age, who have clinical symptoms, risk factors, a record of service in a location and during a period specified in subsection (d), or family history of breast cancer; and provide for clinician discretion.
(c) Eligibility for Screening for Veterans Exposed to Toxic Substances.— The Under Secretary for Health shall ensure that, under the policy developed under subsection (a), any veteran who, during active military, naval, or air service, was deployed in support of a contingency operation in a location and during a period specified in subsection (d), is eligible for a mammography screening by a health care provider of the Department.
(d) Locations and Periods Specified.— The locations and periods specified in this subsection are the following: Iraq during following periods: The period beginning on August 2, 1990 , and ending on February 28, 1991 . The period beginning on March 19, 2003 , and ending on such date as the Secretary determines burn pits are no longer used in Iraq. The Southwest Asia theater of operations, other than Iraq, during the period beginning on August 2, 1990 , and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following locations: Kuwait. Saudi Arabia. Oman. Qatar. Afghanistan during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan. Djibouti during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Djibouti. Syria during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Syria. Jordan during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Jordan. Egypt during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Egypt. Lebanon during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Lebanon. Yemen during the period beginning on September 11, 2001 , and ending on such date as the Secretary determines burn pits are no longer used in Yemen. Such other locations and corresponding periods as set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report submitted under paragraph (2). Not later than two years after the date of the enactment of the Dr. Kate Hendricks Thomas Supporting Expanded Review for Veterans In Combat Environments Act, and not less frequently than once every two years thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report specifying other locations and corresponding periods for purposes of paragraph (1)(K). A location under this subsection shall not include any body of water around or any airspace above such location. In this subsection, the term “burn pit” means an area of land that— is used for disposal of solid waste by burning in the outdoor air; and does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
“SECTION 1 SHORT TITLE; TABLE OF CONTENTS.
(“(a) Short Title.— This Act may be cited as the ‘Making Advances in Mammography and Medical Options for Veterans Act’.
(“(b) Table of Contents.—
“SEC. 101 STRATEGIC PLAN FOR BREAST IMAGING SERVICES FOR VETERANS.
(“(a) In General.— Not later than one year after the date of the enactment of this Act [ June 7, 2022 ], the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a strategic plan for improving breast imaging services for veterans.
(“(b) Elements.— The strategic plan required by subsection (a) shall— cover the evolving needs of women veterans; address geographic disparities of breast imaging furnished at a facility of the Department of Veterans Affairs and the use of breast imaging through non-Department providers in the community; address the use of digital breast tomosynthesis (DBT–3D breast imaging); address the needs of male veterans who require breast cancer screening services; and provide recommendations on— potential expansion of breast imaging services furnished at facilities of the Department, including infrastructure and staffing needs; the use of digital breast tomosynthesis; the use of mobile mammography; and other access and equity improvements for breast imaging.
“SEC. 102 TELESCREENING MAMMOGRAPHY PILOT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(“(a) In General.— Commencing not later than 18 months after the date of the enactment of this Act [ June 7, 2022 ], the Secretary of Veterans Affairs shall carry out a pilot program to provide telescreening mammography services for veterans who live in— States where the Department of Veterans Affairs does not offer breast imaging services at a facility of the Department; or locations where access to breast imaging services at a facility of the Department is difficult or not feasible, as determined by the Secretary.
(“(b) Duration.— The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program.
(“(c) Locations.— In carrying out the pilot program under subsection (a), the Secretary may use community-based outpatient clinics, mobile mammography, Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) )), rural health clinics, critical access hospitals, clinics of the Indian Health Service, and such other sites as the Secretary determines feasible to provide mammograms under the pilot program.
(“(d) Sharing of Images and Results.— Under the pilot program under subsection (a)— mammography images generated shall be sent to a telescreening mammography center of the Department for interpretation by qualified radiologists; and results shall be shared with the veteran and their primary care provider in accordance with policies established by the Secretary.
(“(e) Report.— Not later than one year after the conclusion of the pilot program under subsection (a), 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 evaluating the pilot program. The report required by paragraph (1) shall include the following: An assessment of the quality of the mammography provided under the pilot program under subsection (a). Feedback from veterans and providers participating in the pilot program. A recommendation of the Secretary on the continuation or discontinuation of the pilot program.
“SEC. 103 UPGRADE OF BREAST IMAGING AT FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS TO THREE-DIMENSIONAL DIGITAL MAMMOGRAPHY.
“Not later than two years after the date of the enactment of this Act [ June 7, 2022 ], the Secretary of Veterans Affairs shall— upgrade all mammography services at facilities of the Department of Veterans Affairs that provide such services to use digital breast tomosynthesis technology, also known as three-dimensional breast imaging; and submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report— indicating that the upgrade under paragraph (1) has been completed; and listing the facilities or other locations of the Department at which digital breast tomosynthesis technology is used.
“SEC. 104 STUDY ON AVAILABILITY OF TESTING FOR BREAST CANCER GENE AMONG VETERANS AND EXPANSION OF AVAILABILITY OF SUCH TESTING.
(“(a) Study.— The Secretary of Veterans Affairs shall conduct a study on the availability of access to testing for the breast cancer gene for veterans diagnosed with breast cancer, as recommended by the guidelines set forth by the National Comprehensive Cancer Network. In conducting the study under paragraph (1), the Secretary shall examine— the feasibility of expanding the Joint Medicine Service of the Department of Veterans Affairs to provide genetic testing and counseling for veterans with breast cancer across the country; and access to such testing and counseling for veterans living in rural or highly rural areas, and any gaps that may exist with respect to such access.
(“(b) Expansion of Availability of Testing.— The Secretary shall update guidelines or institute new guidelines to increase the use of molecular testing and genetic counseling for veterans diagnosed with breast cancer, including veterans living in rural or highly rural areas. In updating or instituting guidelines under paragraph (1), the Secretary may develop clinical decision support tools, such as clinical pathways, to facilitate delivery of breast cancer care that is in line with national cancer guidelines.
(“(c) Report.— Not later than two years after the date of the enactment of this Act [ June 7, 2022 ], 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 study under subsection (a); any updates to guidelines or new guidelines instituted under subsection (b); breast cancer clinical pathways implemented by the Department of Veterans Affairs and the utilization of those pathways across the Department; and any progress of the Department in improving access to and usage of molecular and genetic testing among veterans diagnosed with breast cancer, including for veterans living in rural or highly rural areas.
(“(d) Definitions.— In this section, the terms ‘rural’ and ‘highly rural’ have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture.
“SEC. 105 MAMMOGRAPHY ACCESSIBILITY FOR PARALYZED AND DISABLED VETERANS.
(“(a) Study.— The Secretary of Veterans Affairs shall conduct a study on the accessibility of breast imaging services at facilities of the Department of Veterans Affairs for veterans with paralysis, spinal cord injury or disorder (SCI/D), or another disability. The study required by paragraph (1) shall include an assessment of the accessibility of the physical infrastructure at breast imaging facilities of the Department, including the imaging equipment, transfer assistance, and the room in which services will be provided as well as adherence to best practices for screening and treating veterans with a spinal cord injury or disorder. The study required by paragraph (1) shall include a measurement of breast cancer screening rates for veterans with a spinal cord injury or disorder during the two-year period preceding the commencement of the study, including a breakout of the screening rates for such veterans living in rural or highly rural areas. If the Secretary is unable to provide the measurement required under subparagraph (A), the Secretary shall develop a method to track breast cancer screening rates for veterans with a spinal cord injury or disorder. Not later than two years after the date of the enactment of this Act [ June 7, 2022 ], 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 findings of the study required by paragraph (1), including— the rates of screening among veterans with a spinal cord injury or disorder, including veterans living in rural or highly rural areas, as required under paragraph (3)(A); or if such rates are not available, a description of the method developed to measure such rates as required under paragraph (3)(B).
(“(b) Care From Non-Department Providers.— The Secretary shall update the policies and directives of the Department to ensure that, in referring a veteran with a spinal cord injury or disorder for care from a non-Department provider, the Secretary shall— confirm with the provider the accessibility of the breast imaging site, including the imaging equipment, transfer assistance, and the room in which services will be provided; and provide additional information to the provider on best practices for screening and treating veterans with a spinal cord injury or disorder.
(“(c) Definitions.— In this section, the terms ‘rural’ and ‘highly rural’ have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture.
“SEC. 106 REPORT ON ACCESS TO AND QUALITY OF MAMMOGRAPHY SCREENINGS FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.
(“(a) In General.— Not later than two years after the date of the enactment of this Act [ June 7, 2022 ], the Inspector General of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report on mammography services furnished by the Department of Veterans Affairs.
(“(b) Elements.— The report required by subsection (a) shall include an assessment of— the access of veterans to mammography screenings, whether at a facility of the Department or through a non-Department provider, including any staffing concerns of the Department in providing such screenings; the quality of such screenings and reading of the images from such screenings, including whether such screenings use three-dimensional mammography; the communication of the results of such screenings, including whether results are shared in a timely manner, whether results are shared via the Joint Health Information Exchange or another electronic mechanism, and whether results are incorporated into the electronic health record of the veteran; the performance of the Women’s Breast Oncology System of Excellence of the Department; and the access of veterans diagnosed with breast cancer to a comprehensive breast cancer care team of the Department.
(“(c) Follow-Up.— Not later than 180 days after the submittal of the report under subsection (a), 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 plan to address the deficiencies identified in the report under subsection (a), if any.
“SEC. 201 PARTNERSHIPS WITH NATIONAL CANCER INSTITUTE TO EXPAND ACCESS OF VETERANS TO CANCER CARE.
(“(a) Access to Care in Each VISN.— The Secretary of Veterans Affairs shall enter into a partnership with not fewer than one cancer center of the National Cancer Institute of the National Institutes of Health in each Veterans Integrated Service Network of the Department of Veterans Affairs to expand access to high-quality cancer care for women veterans. The Secretary, in carrying out partnerships entered into under paragraph (1), shall ensure that veterans with breast cancer who reside in rural areas or States without a cancer center that has entered into such a partnership with the Secretary are able to receive care through such a partnership via telehealth.
(“(b) Report on Partnership To Increase Access to Clinical Trials.— Not later than 180 days after the date of the enactment of this Act [ June 7, 2022 ], 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— how the Secretary will ensure that the advancements made through the existing partnership between the Department of Veterans Affairs and the National Cancer Institute to provide veterans with access to clinical cancer research trials (commonly referred to as ‘NAVIGATE’) are permanently implemented; and the determination of the Secretary of whether expansion of such partnership to more than the original 12 facilities of the Department that were selected under such partnership is feasible.
(“(c) Periodic Reports.— Not later than three years after the date of the enactment of this Act, and every three years thereafter, 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— assessing how the partnerships entered into under subsection (a)(1) have impacted access by veterans to cancer centers of the National Cancer Institute, including an assessment of the telehealth options made available and used pursuant to such partnerships; and describing the advancements made with respect to access by veterans to clinical cancer research trials through the partnership described in subsection (b)(1), including how many of those veterans were women veterans, minority veterans (including racial and ethnic minorities), and rural veterans, and identifying opportunities for further innovation.
“SEC. 202 REPORT BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE ON INTERAGENCY COLLABORATION ON TREATING AND RESEARCHING BREAST CANCER.
(“(a) In General.— Not later than 180 days after the date of the enactment of this Act [ June 7, 2022 ], the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report on all current research and health care collaborations between the Department of Veterans Affairs and the Department of Defense on treating veterans and members of the Armed Forces with breast cancer.
(“(b) Elements.— The report required by subsection (a)— shall include a description of potential opportunities for future interagency collaboration between the Department of Veterans Affairs and the Department of Defense with respect to treating and researching breast cancer; and may include a focus on— with respect to women members of the Armed Forces with a diagnosis of or who are undergoing screening for breast cancer, transition of such members from receiving care from the Department of Defense to receiving care from the Department of Veterans Affairs; collaborative breast cancer research opportunities between the Department of Veterans Affairs and the Department of Defense; access to clinical trials; and such other matters as the Secretary of Veterans Affairs and the Secretary of Defense consider appropriate.”
§ 7323 Required consultations with nurses
The Under Secretary for Health shall ensure that— the director of a geographic service area, in formulating policy relating to the provision of patient care, shall consult regularly with a senior nurse executive or senior nurse executives; and the director of a medical center shall include a registered nurse as a member of any committee used at that medical center to provide recommendations or decisions on medical center operations or policy affecting clinical services, clinical outcomes, budget, or resources. (Added Pub. L. 106–419, title II, § 201(b)(1) , Nov. 1, 2000 , 114 Stat. 1840 .)
§ 7324 Annual report on use of authorities to enhance retention of experienced nurses
(a) Annual Report.— Not later than January 31 each year, the Secretary, acting through the Under Secretary for Health, shall submit to Congress a report on the use during the preceding year of authorities for purposes of retaining experienced nurses in the Veterans Health Administration, as follows: The authorities under chapter 76 of this title. The authority under VA Directive 5102.1, relating to the Department of Veterans Affairs nurse qualification standard, dated November 10, 1999 , or any successor directive. Any other authorities available to the Secretary for those purposes.
(b) Report Elements.— Each report under subsection (a) shall specify for the period covered by such report, for each Department medical facility and for each geographic service area of the Department, the following: The number of waivers requested under the authority referred to in subsection (a)(2), and the number of waivers granted under that authority, to promote to the Nurse II grade or Nurse III grade under the Nurse Schedule under section 7404(b)(1) 1 of this title any nurse who has not completed a baccalaureate degree in nursing in a recognized school of nursing, set forth by age, race, and years of experience of the individuals subject to such waiver requests and waivers, as the case may be. The programs carried out to facilitate the use of nursing education programs by experienced nurses, including programs for flexible scheduling, scholarships, salary replacement pay, and on-site classes.
§ 7325 Medical emergency preparedness centers
(a) Establishment of Centers.— The Secretary shall establish four medical emergency preparedness centers in accordance with this section. Each such center shall be established at a Department medical center and shall be staffed by Department employees. The Under Secretary for Health shall be responsible for supervising the operation of the centers established under this section. The Under Secretary shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. The Under Secretary shall carry out the Under Secretary’s functions under paragraph (2) in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.
(b) Mission.— The mission of the centers shall be as follows: To carry out research on, and to develop methods of detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety. To provide education, training, and advice to health care professionals, including health care professionals outside the Veterans Health Administration, through the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ) or through interagency agreements entered into by the Secretary for that purpose. In the event of a disaster or emergency referred to in section 1785(b) of this title , to provide such laboratory, epidemiological, medical, or other assistance as the Secretary considers appropriate to Federal, State, and local health care agencies and personnel involved in or responding to the disaster or emergency.
(c) Selection of Centers.— The Secretary shall select the sites for the centers on the basis of a competitive selection process. The Secretary may not designate a site as a location for a center under this section unless the Secretary makes a finding under paragraph (2) with respect to the proposal for the designation of such site. To the maximum extent practicable, the Secretary shall ensure the geographic dispersal of the sites throughout the United States. Any such center may be a consortium of efforts of more than one medical center. A finding by the Secretary referred to in paragraph (1) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendations of the Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions, that the facility or facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: An arrangement with a qualifying medical school and a qualifying school of public health (or a consortium of such schools) under which physicians and other persons in the health field receive education and training through the participating Department medical facilities so as to provide those persons with training in the detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses induced by exposures to chemical and biological substances, radiation, and incendiary or other explosive weapons or devices. An arrangement with a graduate school specializing in epidemiology under which students receive education and training in epidemiology through the participating Department facilities so as to provide such students with training in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population. An arrangement under which nursing, social work, counseling, or allied health personnel and students receive training and education in recognizing and caring for conditions associated with exposures to toxins through the participating Department facilities. The ability to attract scientists who have made significant contributions to the development of innovative approaches to the detection, diagnosis, prevention, or treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety. For purposes of paragraph (2)(A)— a qualifying medical school is an accredited medical school that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated; and a qualifying school of public health is an accredited school of public health that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated.
(d) Research Activities.— Each center shall conduct research on improved medical preparedness to protect the Nation from threats in the area of that center’s expertise. Each center may seek research funds from public and private sources for such purpose.
(e) Dissemination of Research Products.— The Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section is made available, as appropriate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. The Secretary shall ensure that the work of the centers is conducted in close coordination with other Federal departments and agencies and that research products or other information of the centers shall be coordinated and shared with other Federal departments and agencies.
(f) Coordination of Activities.— The Secretary shall take appropriate actions to ensure that the work of each center is carried out— in close coordination with the Department of Defense, the Department of Health and Human Services, and other departments, agencies, and elements of the Government charged with coordination of plans for United States homeland security; and after taking into consideration applicable recommendations of the working group on the prevention, preparedness, and response to bioterrorism and other public health emergencies established under section 319F(a) of the Public Health Service Act ( 42 U.S.C. 247d–6(a) ) or any other joint interagency advisory group or committee designated by the President or the President’s designee to coordinate Federal research on weapons of mass destruction.
(g) Assistance to Other Agencies.— The Secretary may provide assistance requested by appropriate Federal, State, and local civil and criminal authorities in investigations, inquiries, and data analyses as necessary to protect the public safety and prevent or obviate biological, chemical, or radiological threats.
(h) Detail of Employees From Other Agencies.— Upon approval by the Secretary, the Director of a center may request the temporary assignment or detail to the center, on a nonreimbursable basis, of employees from other departments and agencies of the United States who have expertise that would further the mission of the center. Any such employee may be so assigned or detailed on a nonreimbursable basis pursuant to such a request.
(i) Funding.— Amounts appropriated for the activities of the centers under this section shall be appropriated separately from amounts appropriated for the Department for medical care. In addition to funds appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department medical services account and the Department medical and prosthetics research account such amounts as the Under Secretary determines appropriate to carry out the purposes of this section. Any determination by the Under Secretary under the preceding sentence shall be made in consultation with the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions. There are authorized to be appropriated for the centers under this section $20,000,000 for each of fiscal years 2003 through 2007.
§ 7326 Education and training programs on medical response to consequences of terrorist activities
(a) Education Program.— The Secretary shall carry out a program to develop and disseminate a series of model education and training programs on the medical responses to the consequences of terrorist activities.
(b) Implementing Official.— The program shall be carried out through the Under Secretary for Health, in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.
(c) Content of Programs.— The education and training programs developed under the program shall be modelled after programs established at the F. Edward Hebért School of Medicine of the Uniformed Services University of the Health Sciences and shall include, at a minimum, training for health care professionals in the following: Recognition of chemical, biological, radiological, incendiary, or other explosive agents, weapons, or devices that may be used in terrorist activities. Identification of the potential symptoms of exposure to those agents. Understanding of the potential long-term health consequences, including psychological effects, resulting from exposure to those agents, weapons, or devices. Emergency treatment for exposure to those agents, weapons, or devices. An appropriate course of followup treatment, supportive care, and referral. Actions that can be taken while providing care for exposure to those agents, weapons, or devices to protect against contamination, injury, or other hazards from such exposure. Information on how to seek consultative support and to report suspected or actual use of those agents.
(d) Potential Trainees.— In designing the education and training programs under this section, the Secretary shall ensure that different programs are designed for health-care professionals in Department medical centers. The programs shall be designed to be disseminated to health professions students, graduate health and medical education trainees, and health practitioners in a variety of fields.
(e) Consultation.— In establishing education and training programs under this section, the Secretary shall consult with appropriate representatives of accrediting, certifying, and coordinating organizations in the field of health professions education.
§ 7327 Centers for research, education, and clinical activities on complex multi-trauma associated with combat injuries
(a) Purpose.— The purpose of this section is to provide for the improvement of the provision of health care services and related rehabilitation and education services to eligible veterans suffering from complex multi-trauma associated with combat injuries through— the development of improved models and systems for the furnishing by the Department of health care, rehabilitation, and education services to veterans; the conduct of research to support the provision of such services in accordance with the most current evidence on multi-trauma injuries; and the education and training of health care personnel of the Department with respect to the provision of such services.
(b) Designation of Centers.— The Secretary shall designate an appropriate number of cooperative centers for clinical care, consultation, research, and education activities on combat injuries. Each center designated under paragraph (1) shall function as a center for— research on the long-term effects of injuries sustained as a result of combat in order to support the provision of services for such injuries in accordance with the most current evidence on complex multi-trauma; the development of rehabilitation methodologies for treating individuals with complex multi-trauma; and the continuous and consistent coordination of care from the point of referral throughout the rehabilitation process and ongoing follow-up after return to home and community. The Secretary shall designate one of the centers designated under paragraph (1) as the lead center for activities referred to in that paragraph. As the lead center for such activities, such center shall— develop and provide periodic review of research priorities, and implement protocols, to ensure that projects contribute to the activities of the centers designated under paragraph (1); oversee the coordination of the professional and technical activities of such centers to ensure the quality and validity of the methodologies and statistical services for research project leaders; develop and ensure the deployment of an efficient and cost-effective data management system for such centers; develop and distribute educational materials and products to enhance the evaluation and care of individuals with combat injuries by medical care providers of the Department who are not specialized in the assessment and care of complex multi-trauma; develop educational materials for individuals suffering from combat injuries and for their families; and serve as a resource for the clinical and research infrastructure of such centers by disseminating clinical outcomes and research findings to improve clinical practice. The Secretary shall designate centers under paragraph (1) upon the recommendation of the Under Secretary for Health. The Secretary may designate a center under paragraph (1) only if the center meets the requirements of subsection (c).
(c) Requirements for Centers.— To be designated as a center under this section, a facility shall— be a regional lead center for the care of traumatic brain injury; be located at a tertiary care medical center and have on-site availability of primary and subspecialty medical services relating to complex multi-trauma; have, or have the capacity to develop, the capability of managing impairments associated with combat injuries; be affiliated with a school of medicine; have, or have experience with, participation in clinical research trials; provide amputation care and rehabilitation; have pain management programs; provide comprehensive brain injury rehabilitation; and provide comprehensive general rehabilitation.
(d) Additional Resources.— The Secretary shall provide each center designated under this section such resources as the Secretary determines to be required by such center to achieve adequate capability of managing individuals with complex multi-trauma, including— the upgrading of blind rehabilitation services by employing or securing the services of blind rehabilitation specialists; employing or securing the services of occupational therapists with blind rehabilitation training; employing or securing the services of additional mental health services providers; and employing or securing additional rehabilitation nursing staff to meet care needs.
(e) Cooperation With Department of Defense.— The Secretary of Veterans Affairs may assist the Secretary of Defense in the care of members of the Armed Forces with complex multi-trauma at military treatment facilities by— making available, in a manner that the Secretary of Veterans Affairs considers appropriate, certified rehabilitation registered nurses of the Department of Veterans Affairs to such facilities to assess and coordinate the care of such members; and making available, in a manner that the Secretary of Veterans Affairs considers appropriate, blind rehabilitation specialists of the Department of Veterans Affairs to such facilities to consult with the medical staff of such facilities on the special needs of such members who have visual impairment as a consequence of combat injury. Assistance shall be provided under this subsection through agreements for the sharing of health-care resources under section 8111 of this title .
(f) Award of Funding.— Centers designated under this section may compete for the award of funding from amounts appropriated for the Department for medical and prosthetics research.
(g) Dissemination of Information.— The Under Secretary for Health shall ensure that information produced by the centers designated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Administration. Information shall be disseminated under this subsection through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means.
(h) National Oversight.— The Under Secretary for Health shall designate an appropriate officer to oversee the operation of the centers designated under this section and provide for periodic evaluation of the centers.
(i) Authorization of Appropriations.— There are authorized to be appropriated to the Department of Veterans Affairs for the centers designated under this section amounts as follows: 8,000,000 for each of fiscal years 2006 through 2008. In addition to amounts authorized to be appropriated by paragraph (1) for a fiscal year, the Under Secretary for Health may allocate to each center designated under this section, from other funds authorized to be appropriated for such fiscal year for the Department generally for medical and for medical and prosthetic research, such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section.
§ 7328 Medical preparedness centers
(a) Establishment of Centers.— The Secretary shall establish four medical emergency preparedness centers in accordance with this section. Each such center shall be established at a Department medical center and shall be staffed by Department employees. The Under Secretary for Health shall be responsible for supervising the operation of the centers established under this section. The Under Secretary shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. The Under Secretary shall carry out the Under Secretary’s functions under paragraph (2) in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.
(b) Mission.— The mission of the centers shall be as follows: To carry out research on, and to develop methods of detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety. To provide education, training, and advice to health care professionals, including health care professionals outside the Veterans Health Administration, through the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act ( 42 U.S.C. 300hh–11(b) ) 1 or through interagency agreements entered into by the Secretary for that purpose. In the event of a disaster or emergency referred to in section 1785(b) of this title , to provide such laboratory, epidemiological, medical, or other assistance as the Secretary considers appropriate to Federal, State, and local health care agencies and personnel involved in or responding to the disaster or emergency.
(c) Selection of Centers.— The Secretary shall select the sites for the centers on the basis of a competitive selection process. The Secretary may not designate a site as a location for a center under this section unless the Secretary makes a finding under paragraph (2) with respect to the proposal for the designation of such site. To the maximum extent practicable, the Secretary shall ensure the geographic dispersal of the sites throughout the United States. Any such center may be a consortium of efforts of more than one medical center. A finding by the Secretary referred to in paragraph (1) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendations of the Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions, that the facility or facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: An arrangement with a qualifying medical school and a qualifying school of public health (or a consortium of such schools) under which physicians and other persons in the health field receive education and training through the participating Department medical facilities so as to provide those persons with training in the detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses induced by exposures to chemical and biological substances, radiation, and incendiary or other explosive weapons or devices. An arrangement with a graduate school specializing in epidemiology under which students receive education and training in epidemiology through the participating Department facilities so as to provide such students with training in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population. An arrangement under which nursing, social work, counseling, or allied health personnel and students receive training and education in recognizing and caring for conditions associated with exposures to toxins through the participating Department facilities. The ability to attract scientists who have made significant contributions to the development of innovative approaches to the detection, diagnosis, prevention, or treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety. For purposes of paragraph (2)(A)— a qualifying medical school is an accredited medical school that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated; and a qualifying school of public health is an accredited school of public health that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated.
(d) Research Activities.— Each center shall conduct research on improved medical preparedness to protect the Nation from threats in the area of that center’s expertise. Each center may seek research funds from public and private sources for such purpose.
(e) Dissemination of Research Products.— The Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section is made available, as appropriate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. The Secretary shall ensure that the work of the centers is conducted in close coordination with other Federal departments and agencies and that research products or other information of the centers shall be coordinated and shared with other Federal departments and agencies.
(f) Coordination of Activities.— The Secretary shall take appropriate actions to ensure that the work of each center is carried out— in close coordination with the Department of Defense, the Department of Health and Human Services, and other departments, agencies, and elements of the Government charged with coordination of plans for United States homeland security; and after taking into consideration applicable recommendations of the working group on the prevention, preparedness, and response to bioterrorism and other public health emergencies established under section 319F(a) of the Public Health Service Act ( 42 U.S.C. 247d–6(a) ) or any other joint interagency advisory group or committee designated by the President or the President’s designee to coordinate Federal research on weapons of mass destruction.
(g) Assistance to Other Agencies.— The Secretary may provide assistance requested by appropriate Federal, State, and local civil and criminal authorities in investigations, inquiries, and data analyses as necessary to protect the public safety and prevent or obviate biological, chemical, or radiological threats.
(h) Detail of Employees From Other Agencies.— Upon approval by the Secretary, the Director of a center may request the temporary assignment or detail to the center, on a nonreimbursable basis, of employees from other departments and agencies of the United States who have expertise that would further the mission of the center. Any such employee may be so assigned or detailed on a nonreimbursable basis pursuant to such a request.
(i) Funding.— There are authorized to be appropriated for the centers under this section $10,000,000 for each of fiscal years 2005 through 2007. In addition to any amounts appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to the centers from other funds appropriated for that fiscal year generally for the Department medical services account and the Department medical and prosthetic research account such amounts as the Under Secretary determines necessary in order to carry out the purposes of this section.
§ 7329 Parkinson’s Disease research, education, and clinical centers
(a) Establishment of Centers.— The Secretary, upon the recommendation of the Under Secretary for Health, shall designate not less than six Department health-care facilities as the locations for centers of Parkinson’s Disease research, education, and clinical activities. Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate centers of Parkinson’s Disease research, education, and clinical activities centers at the locations designated pursuant to paragraph (1).
(b) Criteria for Designation of Facilities.— In designating Department health-care facilities for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall assure appropriate geographic distribution of such facilities. Except as provided in paragraph (3), the Secretary shall designate as the location for a center of Parkinson’s Disease research, education, and clinical activities pursuant to subsection (a)(1) each Department health-care facility that as of January 1, 2005 , was operating a Parkinson’s Disease research, education, and clinical center. The Secretary may not under subsection (a) designate a facility described in paragraph (2) if (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility— does not meet the requirements of subsection (c); or has not demonstrated— effectiveness in carrying out the established purposes of such center; or the potential to carry out such purposes effectively in the reasonably foreseeable future.
(c) Requirements for Designation.— The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals that meet the highest competitive standards of scientific and clinical merit. The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: An arrangement with an accredited medical school that provides education and training in neurology and with which the Department health-care facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of chronic neurodegenerative diseases and movement disorders, including Parkinson’s Disease. The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. An advisory committee composed of veterans and appropriate health-care and research representatives of the Department health-care facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center. The capability to conduct effectively evaluations of the activities of such center. The capability to coordinate (as part of an integrated national system) education, clinical, and research activities within all facilities with such centers. The capability to jointly develop a consortium of providers with interest in treating neurodegenerative diseases, including Parkinson’s Disease and other movement disorders, at facilities without centers established under subsection (a) in order to ensure better access to state-of-the-art diagnosis, care, and education for neurodegenerative disorders throughout the health-care system of the Department. The capability to develop a national repository in the health-care system of the Department for the collection of data on health services delivered to veterans seeking care for neurodegenerative diseases, including Parkinson’s Disease, and other movement disorders.
(d) Peer Review Panel.— The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of centers under this section. The membership of the panel shall consist of experts in neurodegenerative diseases, including Parkinson’s Disease and other movement disorders. Members of the panel shall serve for a period of no longer than two years, except as specified in subparagraph (C). Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment. The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. The panel shall not be subject to chapter 10 of title 5.
(e) Priority of Funding.— Before providing funds for the operation of a center designated under subsection (a) at a Department health-care facility other than at a facility designated pursuant to subsection (b)(2), the Secretary shall ensure that each Parkinson’s Disease center at a facility designated pursuant to subsection (b)(2) is receiving adequate funding to enable that center to function effectively in the areas of Parkinson’s Disease research, education, and clinical activities.
(f) Authorization of Appropriations.— There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.
(g) Award Competitions.— Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account. Such activities shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in Parkinson’s Disease and other movement disorders.
§ 7330 Multiple sclerosis centers of excellence
(a) Establishment of Centers.— The Secretary, upon the recommendation of the Under Secretary for Health, shall designate not less than two Department health-care facilities as the locations for multiple sclerosis centers of excellence. Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate multiple sclerosis centers of excellence at the locations designated pursuant to paragraph (1).
(b) Criteria for Designation of Facilities.— In designating Department health-care facilities for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall assure appropriate geographic distribution of such facilities. Except as provided in paragraph (3), the Secretary shall designate as the location for a center pursuant to subsection (a)(1) each Department health-care facility that as of January 1, 2005 , was operating a multiple sclerosis center of excellence. The Secretary may not under subsection (a) designate a facility described in paragraph (2) if (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility— does not meet the requirements of subsection (c); or has not demonstrated— effectiveness in carrying out the established purposes of such center; or the potential to carry out such purposes effectively in the reasonably foreseeable future.
(c) Requirements for Designation.— The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals that meet the highest competitive standards of scientific and clinical merit. The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: An arrangement with an accredited medical school that provides education and training in neurology and with which the Department health-care facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of autoimmune diseases affecting the central nervous system, including multiple sclerosis. The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. An advisory committee composed of veterans and appropriate health-care and research representatives of the Department health-care facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center. The capability to conduct effectively evaluations of the activities of such center. The capability to coordinate (as part of an integrated national system) education, clinical, and research activities within all facilities with such centers. The capability to jointly develop a consortium of providers with interest in treating multiple sclerosis at facilities without such centers in order to ensure better access to state-of-the-art diagnosis, care, and education for autoimmune disease affecting the central nervous system throughout the health-care system of the Department. The capability to develop a national repository in the health-care system of the Department for the collection of data on health services delivered to veterans seeking care for autoimmune disease affecting the central nervous system.
(d) Peer Review Panel.— The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of centers under this section. The membership of the panel shall consist of experts in autoimmune disease affecting the central nervous system. Members of the panel shall serve for a period of no longer than two years, except as specified in subparagraph (C). Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment. The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. The panel shall not be subject to chapter 10 of title 5.
(e) Priority of Funding.— Before providing funds for the operation of a center designated under subsection (a) at a Department health-care facility other than at a facility designated pursuant to subsection (b)(2), the Secretary shall ensure that each multiple sclerosis center at a facility designated pursuant to subsection (b)(2) is receiving adequate funding to enable that center to function effectively in the areas of multiple sclerosis research, education, and clinical activities.
(f) Authorization of Appropriations.— There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.
(g) Award Competitions.— Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account. Such activities shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in multiple sclerosis and other neurodegenerative disorders.
§ 7330A Epilepsy centers of excellence
(a) Establishment of Centers.— Not later than 120 days after the date of the enactment of the Veterans’ Mental Health and Other Care Improvements Act of 2008, the Secretary shall designate at least four but not more than six Department health care facilities as locations for epilepsy centers of excellence for the Department. Of the facilities designated under paragraph (1), not less than two shall be centers designated under section 7327 of this title . Of the facilities designated under paragraph (1), not less than two shall be facilities that are not centers designated under section 7327 of this title . Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate an epilepsy center of excellence at each location designated under paragraph (1).
(b) Designation of Facilities.— In designating locations for epilepsy centers of excellence under subsection (a), the Secretary shall solicit proposals from Department health care facilities seeking designation as a location for an epilepsy center of excellence. The Secretary may not designate a facility as a location for an epilepsy center of excellence under subsection (a) unless the peer review panel established under subsection (c) has determined under that subsection that the proposal submitted by such facility seeking designation as a location for an epilepsy center of excellence is among those proposals that meet the highest competitive standards of scientific and clinical merit. In choosing from among the facilities meeting the requirements of paragraph (2), the Secretary shall also consider appropriate geographic distribution when designating the epilepsy centers of excellence under subsection (a).
(c) Peer Review Panel.— The Under Secretary for Health shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of epilepsy centers of excellence under this section. The membership of the peer review panel shall consist of experts on epilepsy, including post-traumatic epilepsy. Members of the peer review panel shall serve for a period of no longer than two years, except as specified in subparagraph (C). Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment. The peer review panel shall review each proposal submitted to the panel by the Under Secretary for Health and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. The peer review panel shall, in conjunction with the national coordinator designated under subsection (e), conduct regular evaluations of each epilepsy center of excellence established and operated under subsection (a) to ensure compliance with the requirements of this section. The peer review panel shall not be subject to chapter 10 of title 5.
(d) Epilepsy Center of Excellence Defined.— In this section, the term “epilepsy center of excellence” means a health care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following: An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery). The ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts. An advisory committee composed of veterans and appropriate health care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center. The capability to conduct effectively evaluations of the activities of such center. The capability to assist in the expansion of the Department’s use of information systems and databases to improve the quality and delivery of care for veterans enrolled within the Department’s health care system. The capability to assist in the expansion of the Department telehealth program to develop, transmit, monitor, and review neurological diagnostic tests. The ability to perform epilepsy research, education, and clinical care activities in collaboration with Department medical facilities that have centers for research, education, and clinical care activities on complex multi-trauma associated with combat injuries established under section 7327 of this title .
(e) National Coordinator for Epilepsy Programs.— To assist the Secretary and the Under Secretary for Health in carrying out this section, the Secretary shall designate an individual in the Veterans Health Administration to act as a national coordinator for epilepsy programs of the Veterans Health Administration. The duties of the national coordinator for epilepsy programs shall include the following: To supervise the operation of the centers established pursuant to this section. To coordinate and support the national consortium of providers with interest in treating epilepsy at Department health care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department. To conduct, in conjunction with the peer review panel established under subsection (c), regular evaluations of the epilepsy centers of excellence to ensure compliance with the requirements of this section. To coordinate (as part of an integrated national system) education, clinical care, and research activities within all facilities with an epilepsy center of excellence. To develop jointly a national consortium of providers with interest in treating epilepsy at Department health care facilities lacking an epilepsy center of excellence in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department. Such consortium should include a designated epilepsy referral clinic in each Veterans Integrated Service Network. In carrying out duties under this subsection, the national coordinator for epilepsy programs shall report to the official of the Veterans Health Administration responsible for neurology.
(f) Authorization of Appropriations.— There are authorized to be appropriated $6,000,000 for each of fiscal years 2009 through 2013 for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). There are authorized to be appropriated for each fiscal year after fiscal year 2013 such sums as may be necessary for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). The Secretary shall ensure that funds for such centers are designated for the first three years of operation as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system. In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to fund the national coordinator established by subsection (e).
§ 7330B Annual report on Veterans Health Administration and furnishing of hospital care, medical services, and nursing home care
(a) Report Required.— Not later than March 1 of each of years 2018 through 2022, 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, for the calendar year preceding the calendar year during which the report is submitted— the furnishing of hospital care, medical services, and nursing home care under the laws administered by the Secretary; and the administration of the furnishing of such care and services by the Veterans Health Administration.
(b) Elements.— Each report required by subsection (a) shall include each of the following for the year covered by the report: An evaluation of the effectiveness of the Veterans Health Administration in increasing the access of veterans to hospital care, medical services, and nursing home care furnished by the Secretary for which such veterans are eligible. An evaluation of the effectiveness of the Veterans Health Administration in improving the quality of health care provided to veterans, without increasing the costs incurred for such health care by the Federal Government or veterans, including relevant information for each medical center and Veterans Integrated Service Network of the Department set forth separately. An assessment of— the workload of physicians and other employees of the Veterans Health Administration; patient demographics and utilization rates; physician compensation; the productivity of physicians and other employees of the Veterans Health Administration; the percentage of hospital care, medical services, and nursing home care provided to veterans in facilities of the Department and in non-Department facilities and any changes in such percentages compared to the year preceding the year covered by the report; pharmaceutical prices; and third-party health billings owed to the Department, including the total amount of such billings and the total amount collected by the Department, set forth separately for claims greater than 1,000.
(c) Definitions.— In this section, the terms “hospital care”, “medical services”, “nursing home care”, “facilities of the Department”, and “non-Department facilities” have the meanings given those terms in section 1701 of this title .
§ 7330C Quadrennial Veterans Health Administration review
(a) Market Area Assessments.— Not less frequently than every 4 years, the Secretary shall perform market area assessments regarding the health care services furnished under the laws administered by the Secretary. Each market area assessment established under paragraph (1) shall include the following: An assessment of the demand for health care from the Department, disaggregated by geographic market areas as determined by the Secretary, including the number of requests for health care services under the laws administered by the Secretary. An inventory of the health care capacity of the Department across the Department’s system of facilities. An assessment of the health care capacity to be provided through contracted community care providers and providers who entered into a provider agreement with the Department under section 1703A of this title , including the number of providers, the geographic location of the providers, and categories or types of health care services provided by the providers. An assessment obtained from other Federal direct delivery systems of their capacity to provide health care to veterans. An assessment of the health care capacity of non-contracted providers where there is insufficient network supply. An assessment of the health care capacity of academic affiliates and other collaborations of the Department as it relates to providing health care to veterans. An assessment of the effects on health care capacity of the access standards and standards for quality established under sections 1703B and 1703C of this title. The number of appointments for health care services under the laws administered by the Secretary, disaggregated by— appointments at facilities of the Department; and appointments with non-Department health care providers. The Secretary shall submit to the appropriate committees of Congress the market area assessments established in paragraph (1). The Secretary also shall submit to the appropriate committees of Congress the market area assessments completed by or being performed on the day before the date of the enactment of the Caring for Our Veterans Act of 2018. The Secretary shall use the market area assessments established under paragraph (1) to— determine the capacity of the health care provider networks established under section 1703(h) of this title ; inform the Department budget, in accordance with subparagraph (B); and inform and assess the appropriateness of the access standards established under section 1703B of this title and standards for quality under section 1703C of this title and to make recommendations for any changes to such standards. The Secretary shall ensure that the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31 ) reflects the findings of the Secretary with respect to the most recent market area assessments under paragraph (1) and health care utilization data from the Department and non-Department entities or providers furnishing care and services to covered veterans as described in section 1703(b) of this title .
(b) Strategic Plan To Meet Health Care Demand.— Not later than 1 year after the date of the enactment of the Caring for Our Veterans Act of 2018 and not less frequently than once every 4 years thereafter, the Secretary shall submit to the appropriate committees of Congress a strategic plan that specifies a 4-year forecast of— the demand for health care from the Department, disaggregated by geographic area as determined by the Secretary; the health care capacity to be provided at each medical center of the Department; and the health care capacity to be provided through community care providers. In preparing the strategic plan under paragraph (1), the Secretary shall— assess the access standards and standards for quality established under sections 1703B and 1703C of this title; assess the market area assessments established under subsection (a); assess the needs of the Department based on identified services that provide management of conditions or disorders related to military service for which there is limited experience or access in the national market, the overall health of veterans throughout their lifespan, or other services as the Secretary determines appropriate; consult with key stakeholders within the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts; identify emerging issues, trends, problems, and opportunities that could affect health care services furnished under the laws administered by the Secretary; develop recommendations regarding both short- and long-term priorities for health care services furnished under the laws administered by the Secretary; after consultation with veterans service organizations and other key stakeholders on survey development or modification of an existing survey, consider a survey of veterans who have used hospital care, medical services, or extended care services furnished by the Veterans Health Administration during the most recent 2-year period to assess the satisfaction of the veterans with service and quality of care; conduct a comprehensive examination of programs and policies of the Department regarding the delivery of health care services and the demand of health care services for veterans in future years; assess the remediation of medical service lines of the Department as described in section 1706A of this title in conjunction with the utilization of non-Department entities or providers to offset remediation; and consider such other matters as the Secretary considers appropriate.
(c) Responsibilities.— The Secretary shall be responsible for— overseeing the transformation and organizational change across the Department to achieve a high-performing integrated health care network; developing the capital infrastructure planning and procurement processes, whether minor or major construction projects or leases; and developing a multi-year budget process that is capable of forecasting future year budget requirements and projecting the cost of delivering health care services under such a high-performing integrated health care network.
(d) Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means— the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
§ 7330D Inapplicability of Paperwork Reduction Act to research activities
Subchapter I of chapter 35 of title 44 (commonly referred to as the “Paperwork Reduction Act”) shall not apply to the voluntary collection of information during the conduct of research by the Veterans Health Administration, including the Office of Research and Development, or individuals or entities affiliated with the Veterans Health Administration. (Added Pub. L. 117–328, div. U, title I, § 181(a) , Dec. 29, 2022 , 136 Stat. 5435 .)
§ 7331 Informed consent
The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of section 7334 of this title , shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof. (Added Pub. L. 94–581, title I, § 111(a)(1) , Oct. 21, 1976 , 90 Stat. 2849 , § 4131; renumbered § 7331 and amended Pub. L. 102–40, title IV , §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), May 7, 1991 , 105 Stat. 221 , 239; Pub. L. 102–405, title III, § 302(c)(1) , Oct. 9, 1992 , 106 Stat. 1984 .)
§ 7332 Confidentiality of certain medical records
(a) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia which is carried out by or for the Department under this title shall, except as provided in subsections (e) and (f), be confidential, and ( section 5701 of this title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). Paragraph (1) prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.
(b) The content of any record referred to in subsection (a) may be disclosed by the Secretary in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Secretary. Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed by the Secretary as follows: To medical personnel to the extent necessary to meet a bona fide medical emergency. To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient or subject in any report of such research, audit, or evaluation, or otherwise disclose patient or subject identities in any manner. In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the human immunodeficiency virus, to a Federal, State, or local public-health authority charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by such law. A person to whom a record is disclosed under this paragraph may not redisclose or use such record for a purpose other than that for which the disclosure was made. If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. To an entity described in paragraph (1)(B) of section 5701(k) of this title , but only to the extent authorized by such section. To a representative of a patient who lacks decision-making capacity, when a practitioner deems the content of the given record necessary for that representative to make an informed decision regarding the patient’s treatment. In this subparagraph, the term “representative” means an individual, organization, or other body authorized under section 7331 of this title and its implementing regulations to give informed consent on behalf of a patient who lacks decision-making capacity. To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ), to the extent necessary to prevent misuse and diversion of prescription medicines. To a non-Department entity (including private entities and other Federal agencies) for purposes of providing health care, including hospital care, medical services, and extended care services, to patients or performing other health care-related activities or functions. An entity to which a record is disclosed under this subparagraph may not disclose or use such record for a purpose other than that for which the disclosure was made or as permitted by law. To a third party in order to recover or collect reasonable charges for care furnished to, or paid on behalf of, a patient in connection with a non-service connected disability as permitted by section 1729 of this title or for a condition for which recovery is authorized or with respect to which the United States is deemed to be a third party beneficiary under the Act entitled “An Act to provide for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished by the United States” ( Public Law 87–693 ; 42 U.S.C. 2651 et seq.; commonly known as the “Federal Medical Care Recovery Act”). In the event that the patient or subject who is the subject of any record referred to in subsection (a) is deceased, the content of any such record may be disclosed by the Secretary only upon the prior written request of the next of kin, executor, administrator, or other personal representative of such patient or subject and only if the Secretary determines that such disclosure is necessary for such survivor to obtain benefits to which such survivor may be entitled, including the pursuit of legal action, but then only to the extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed pursuant to section 7334 of this title .
(c) Except as authorized by a court order granted under subsection (b)(2)(D), no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against, or to conduct any investigation of, a patient or subject.
(d) The prohibitions of this section shall continue to apply to records concerning any person who has been a patient or subject, irrespective of whether or when such person ceases to be a patient.
(e) The prohibitions of this section shall not prevent any interchange of records— within and among those components of the Department furnishing health care to veterans, or determining eligibility for benefits under this title; or between such components furnishing health care to veterans and the Armed Forces.
(f) Notwithstanding subsection (a) but subject to paragraph (2), a physician or a professional counselor may disclose information or records indicating that a patient or subject is infected with the human immunodeficiency virus if the disclosure is made to (A) the spouse of the patient or subject, or (B) to an individual whom the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is infected with such virus, identified as being a sexual partner of such patient or subject. A disclosure under paragraph (1) may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient or subject to provide the information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner. A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to in subparagraph (A) if such physician or counselor is unavailable by reason of absence or termination of employment to make the disclosure.
(g) Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined, in the case of a first offense, up to the maximum amount provided under section 5701(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 5701(f) of this title for a subsequent offense under that section.
§ 7333 Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus
(a) Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers or who are infected with the human immunodeficiency virus shall not be discriminated against in admission or treatment by any Department health-care facility solely because of their alcohol or drug abuse or dependency or because of their viral infection.
(b) The Secretary shall prescribe regulations for the enforcement of this section. Such regulations, with respect to the admission and treatment of such veterans who are alcohol or drug abusers, shall be prescribed in accordance with section 7334 of this title .
§ 7334 Regulations
(a) Regulations prescribed by the Secretary under section 7331 of this title , section 7332 of this title with respect to the confidentiality of alcohol and drug abuse medical records, and section 7333 of this title with respect to alcohol or drug abusers shall, to the maximum extent feasible consistent with other provisions of this title, make applicable the regulations described in subsection (b) to the conduct of research and to the provision of hospital care, nursing home care, domiciliary care, and medical services under this title.
(b) The regulations referred to in subsection (a) are— regulations governing human experimentation and informed consent prescribed by the Secretary of Health and Human Services, based on the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established by section 201 of the National Research Act ( Public Law 93–348 ; 88 Stat. 348 ); and regulations governing (A) the confidentiality of drug and alcohol abuse medical records, and (B) the admission of drug and alcohol abusers to private and public hospitals, prescribed pursuant to the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 ( 42 U.S.C. 4551 et seq.) and the Drug Abuse Office and Treatment Act of 1972 ( 21 U.S.C. 1101 et seq.).
(c) Regulations prescribed by the Secretary under sections 7331, 7332, and 7333 of this title may contain such definitions, and may provide for such safeguards and procedures (including procedures and criteria for the issuance and scope of court orders under section 7332(b)(2)(C) 1 of this title), as are necessary to prevent circumvention or evasion of such regulations or to facilitate compliance with such regulations.
(d) In prescribing and implementing such regulations, the Secretary shall, from time to time, consult with the Secretary of Health and Human Services and, as appropriate, with the President (or the delegate of the President) in order to achieve the maximum possible coordination of the regulations, and the implementation of the regulations, which they and the Secretary prescribe.
§ 7361 Authority to establish; status
(a) The Secretary may authorize the establishment at any Department medical center of a nonprofit corporation to provide a flexible funding mechanism for the conduct of approved research and education at the medical center. Such a corporation may be established to facilitate either research or education or both research and education.
(b) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a “multi-medical center research corporation”. The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title . In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.
(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.
(d) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations. A corporation under this subchapter is not— owned or controlled by the United States; or an agency or instrumentality of the United States.
(e) If by the end of the four-year period beginning on the date of the establishment of a corporation under this subchapter the corporation is not recognized as an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, the Secretary shall dissolve the corporation.
(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if— the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and the Secretary approves the resolution of the corporation under paragraph (1).
§ 7362 Purpose of corporations
(a) A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of research as described in section 7303(a) of this title and education and training as described in sections 7302, 7471, 8154, and 1701(6)(B) 1 of this title in conjunction with the applicable Department medical center or centers.
(b) For purposes of this section, the term “education” includes education and training and means the following: In the case of employees of the Veterans Health Administration, such term means work-related instruction or other learning experiences to— improve performance of current duties; assist employees in maintaining or gaining specialized proficiencies; and expand understanding of advances and changes in patient care, technology, and health care administration. In the case of veterans under the care of the Veterans Health Administration, such term means instruction or other learning experiences related to improving and maintaining the health of veterans and includes education and training for patients and families and guardians of patients.
§ 7363 Board of directors; executive director
(a) The Secretary shall provide for the appointment of a board of directors for any corporation established under this subchapter. The board shall include— with respect to the Department medical center— the director (or directors of each Department medical center, in the case of a multi-medical center research corporation); the chief of staff; and as appropriate for the activities of such corporation, the associate chief of staff for research and the associate chief of staff for education; or in the case of a Department medical center at which one or more of the positions referred to in subparagraph (A) do not exist, the official or officials who are responsible for carrying out the responsibilities of such position or positions at the Department medical center; and subject to subsection (c), not less than two members who are not officers or employees of the Federal Government and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation.
(b) Each such corporation shall have an executive director who shall be appointed by the board of directors with the concurrence of the Under Secretary for Health of the Department. The executive director of a corporation shall be responsible for the operations of the corporation and shall have such specific duties and responsibilities as the board may prescribe.
(c) An individual appointed under subsection (a)(2) to the board of directors of a corporation established under this subchapter may not be affiliated with or employed by any entity that is a source of funding for research or education by the Department unless that source of funding is a governmental entity or an entity the income of which is exempt from taxation under the Internal Revenue Code of 1986.
§ 7364 General powers
(a) In General.— A corporation established under this subchapter may, solely to carry out the purposes of this subchapter— accept, administer, retain, and spend funds derived from gifts, contributions, grants, fees, reimbursements, and bequests from individuals and public and private entities; enter into contracts and agreements with individuals and public and private entities; subject to paragraph (2), set fees for education and training facilitated under section 7362 of this title , and receive, retain, administer, and spend funds in furtherance of such education and training; reimburse amounts to the applicable appropriation account of the Department for the Office of General Counsel for any expenses of that Office in providing legal services attributable to research and education agreements under this subchapter; and employ such employees as the corporation considers necessary for such purposes and fix the compensation of such employees. Fees charged pursuant to paragraph (1)(C) for education and training described in that paragraph to individuals who are officers or employees of the Department may not be paid for by any funds appropriated to the Department. Amounts reimbursed to the Office of General Counsel under paragraph (1)(D) shall be available for use by the Office of the General Counsel only for staff and training, and related travel, for the provision of legal services described in that paragraph and shall remain available for such use without fiscal year limitation.
(b) Transfer and Administration of Funds.— Except as provided in paragraph (2), any funds received by the Secretary for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department, may be transferred to and administered by a corporation established under this subchapter for such purposes. Any amounts so transferred after September 30, 2016 , shall be available without regard to fiscal year limitations, notwithstanding section 1535(d) of title 31 . A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5. A Department medical center may retain and use funds provided to it by a corporation established under this subchapter. Such funds shall be credited to the applicable appropriation account of the Department and shall be available, without fiscal year limitation, for the purposes of that account.
(c) Research Projects.— Except for reasonable and usual preliminary costs for project planning before its approval, a corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Under Secretary for Health for research carried out with Department funds. Such procedures shall include a scientific review process.
(d) Education Activities.— Except for reasonable and usual preliminary costs for activity planning before its approval, a corporation established under this subchapter may not spend funds for an education activity unless the activity is approved in accordance with procedures prescribed by the Under Secretary for Health.
(e) Policies and Procedures.— The Under Secretary for Health may prescribe policies and procedures to guide the spending of funds by corporations established under this subchapter that are consistent with the purpose of such corporations as flexible funding mechanisms and with Federal and State laws and regulations, and executive orders, circulars, and directives that apply generally to the receipt and expenditure of funds by nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.
[§ 7364A Renumbered § 7365]
§ 7365 Coverage of employees under certain Federal tort claims laws
(a) An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law: Section 1346(b) of title 28 . Chapter 171 of title 28. Section 7316 of this title .
(b) An employee described in this subsection is an employee who— has an appointment with the Department, whether with or without compensation; is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and performs such duties under the supervision of Department personnel.
§ 7366 Accountability and oversight
(a) The records of a corporation established under this subchapter shall be available to the Secretary. For the purposes of sections 404(a)(1) and 406(a)(1) of title 5, the programs and operations of such a corporation shall be considered to be programs and operations of the Department with respect to which the Inspector General of the Department has responsibilities under chapter 4 of title 5. Such a corporation shall be considered an agency for the purposes of section 716 of title 31 (relating to availability of information and inspection of records by the Comptroller General).
(b) Each corporation shall submit to the Secretary each year a report providing a detailed statement of the operations, activities, and accomplishments of the corporation during that year. A corporation with revenues in excess of 100,000 and $500,000 shall obtain an audit of the corporation at least once every three years. Any audit under this paragraph shall be performed by an independent auditor. The corporation shall include in each report to the Secretary under paragraph (1) the following: The most recent audit of the corporation under paragraph (2). The most recent Internal Revenue Service Form 990 “Return of Organization Exempt from Income Tax” or equivalent and the applicable schedules under such form.
(c) Each director, officer, and employee of a corporation established under this subchapter shall be subject to a conflict of interest policy adopted by that corporation.
(d) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report on the corporations established under this subchapter. The report shall set forth the following information: The location of each corporation. The amount received by each corporation during the previous year, including— the total amount received; the amount received from governmental entities for research and the amount received from governmental entities for education; the amount received from all other sources for research and the amount received from all other sources for education; and if an amount received from a source referred to in subparagraph (C) exceeded 50,000, information that identifies the payee. The amount expended by each corporation during the year for travel conducted in conjunction with research and the amount expended for travel in conjunction with education.
[§ 7367 Repealed. Pub. L. 107–14, § 8(a)(14)(A), June 5, 2001, 115 Stat. 35]
[§ 7368 Repealed. Pub. L. 110–387, title VIII, § 806(a), Oct. 10, 2008, 122 Stat. 4141]
§ 7381 Office of Research and Development
(a) Office of Research and Development.— There is in the Veterans Health Administration an Office of Research and Development (in this section referred to as the “Office”).
(b) Purposes.— The function of the Office is to serve veterans through a full spectrum of research (including pre-clinical, clinical, and health systems science), technology transfer, and application.
(c) Chief Research and Development Officer.— The head of the Office is the Chief Research and Development Officer.
(d) Organization and Personnel.— The Office shall be organized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe.
§ 7382 Research personnel
(a) Waiver of Intergovernmental Personnel Act Mobility Program Limits.— The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).
(b) Outside Earned Income for Research for the Department.— Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18 , to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if— the research has been approved in accordance with procedures prescribed by the Under Secretary for Health; the employee conducts research under the supervision of personnel of the Department; and the Secretary agreed to the terms of such compensation in writing. An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.