[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5697 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5697
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to furnish emergent mental health care to certain
individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2020
Mr. Takano introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to furnish emergent mental health care to certain
individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Acute Crisis Care for
Emergent Suicide Symptoms Act of 2020'' or the ``Veterans' ACCESS Act
of 2020''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT MENTAL
HEALTH CARE.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720J. Emergent mental health care
``(a) In General.--(1) The Secretary shall furnish emergent mental
health care to an eligible individual under this section if the
individual seeks such care--
``(A) pursuant to a recommendation the individual received
from the Veterans Crisis Line or a licensed health care
professional; or
``(B) in an emergency situation, as determined by the
Secretary.
``(2) Emergent mental health care furnished under this section may
be furnished at a Department medical facility or at a non-Department
facility, as determined appropriate by the Secretary or by a licensed
health care professional.
``(b) Eligibility.--For purposes of this section, an eligible
individual is any of the following:
``(1) A veteran.
``(2) An individual who is enrolled in the health care
system established by section 1705 of this title.
``(3) An individual who--
``(A) is a former member of the Armed Forces,
including the reserve components;
``(B) while serving in the active military, naval,
or air service, was discharged or released therefrom
under a condition other than honorable;
``(C) is not enrolled in the health care system
established by section 1705 of this title; and
``(D) served in the Armed Forces for a period of
more than 90 cumulative days.
``(c) Duration of Care.--(1) Emergent mental health care furnished
under this section may be furnished--
``(A) in the case of inpatient or residential care, for a
period not to exceed 30 days; or
``(B) in the case of outpatient care, for a period not to
exceed 90 days.
``(2) If, upon the expiration of the period referred to in
subparagraph (A) of paragraph (1), the Secretary determines that the
eligible individual to whom care is furnished is not stable, the
Secretary may extend such period as the Secretary determines
appropriate.
``(d) Outreach Requirements.--During any period when an eligible
individual is receiving emergent mental health care under this section,
the Secretary shall--
``(1) ensure that, in the case of an individual referred by
the Veterans Crisis Line, the Veterans Crisis Line notifies the
Suicide Prevention Coordinator and the Office of Community
Care, as appropriate, at the nearest Department facility;
``(2) determine the eligibility of the individual for other
programs and benefits under the laws administered by the
Secretary; and
``(3) make referrals for follow-on care, as the Secretary
determines appropriate.
``(e) Prohibition on Charge.--(1) Notwithstanding section 1784 of
this title, if the Secretary furnishes emergent mental health care to
an eligible individual under this section, the Secretary may not charge
the individual for such care.
``(2) If the Secretary furnishes such care to an eligible
individual at a non-Department facility, the Secretary shall--
``(A) provide for reimbursement of such facility for the
reasonable value of such care; and
``(B) ensure that such facility, or any health care
provider working at such facility, does not charge the
individual for the care.
``(3) In the case of an eligible individual who receives emergent
mental health care under this section and who is entitled to care (or
payment of the expenses of care) under a health-plan contract, the
Secretary may recover or collect charges for such care under such
contract.
``(4) Section 1725 of this title does not apply to any payment for
emergent mental health care furnished under this section.
``(f) Annual Report.--Not less frequently than once 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 emergent mental health care furnished under
this section. Each such report shall include, for the year covered by
the report--
``(1) the number of individuals who received emergent
mental health care under this section; and
``(2) the total cost of furnishing emergent mental health
care under this section.
``(g) Definitions.--In this section:
``(1) The term `emergent mental health care' means
emergency stabilization care provided to an individual who--
``(A) presents at a Department medical facility or
non-Department facility with an emergent mental health
need, including an acute suicidal crisis; or
``(B) a licensed health care professional
determines presents an imminent danger to the
individual's self or to others.
``(2) The term `health-plan contract' has the meaning given
such term in section 1729(i)(1) of this title, except that such
term includes--
``(A) an insurance program described in section
1811 of the Social Security Act (42 U.S.C. 1395c) or
established by section 1831 of such Act (42 U.S.C.
1395j);
``(B) a State plan for medical assistance approved
under title XIX of such Act (42 U.S.C. 1396 et seq.);
``(C) a workers' compensation law or plan described
in subparagraph (A) of subsection (a)(2) of such
section; and
``(D) a program, plan, or policy under a law
described in subparagraph (B) or (C) of such
subsection.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relation to section
1720I the following new item:
``1720J. Emergent mental health care.''.
(c) Effective Date.--Emergent mental health care shall be furnished
under section 1720J of title 38, United States Code, as added by
subsection (a), beginning on the date that is 180 days after the date
of the enactment of this Act.
SEC. 3. ELIGIBILITY OF CERTAIN FORMER MEMBERS OF THE ARMED FORCES FOR
DEPARTMENT OF VETERANS AFFAIRS MENTAL AND BEHAVIORAL
HEALTH CARE.
(a) In General.--Subsection (b) of section 1720I of title 38,
United States Code, is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (A) and (B); and
(B) by striking ``that is not honorable but not--''
and inserting ``other than honorable;''; and
(2) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) served in the Armed Forces for a period of more than
90 cumulative days.''.
(b) Additional Reporting Requirements.--Subsection (f)(2) of such
section is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) The total cost of furnishing mental and behavioral
healthcare services under this section.''.
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