[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3047 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3047
To establish a pilot program to support medical residency and
fellowship programs that assist veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2021
Mr. Portman (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To establish a pilot program to support medical residency and
fellowship programs that assist veterans, 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 Pro Bono Corps Act of
2021''.
SEC. 2. PILOT PROGRAM TO SUPPORT MEDICAL RESIDENCY AND FELLOWSHIP
PROGRAMS THAT ASSIST VETERANS.
(a) Pilot Program Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence a pilot program to assess the feasibility and advisability of
providing assistance to eligible recipients to establish or maintain
programs that assist veterans applying for compensation under chapter
11 of title 38, United States Code, in substantiating their claims with
independent medical examinations and opinions.
(b) Eligible Recipients.--For purposes of the pilot program
required by subsection (a), an eligible recipient is an entity that--
(1) is administering a medical residency or medical
fellowship program in the United States or a territory of the
United States; and
(2) is accredited by a nationally recognized accrediting
agency.
(c) Duration.--The Secretary shall carry out the pilot program
required by subsection (a) during the five-year period beginning on the
date of the commencement of the pilot program.
(d) Grants.--The Secretary shall carry out the pilot program
required by subsection (a) through the award of grants to eligible
recipients to establish or maintain programs as described in such
subsection.
(e) Competitive Process.--The Secretary shall establish a
competitive process for the award of the grants under the pilot program
required by subsection (a).
(f) Selection of Grant Recipients.--In awarding grants under the
pilot program required by subsection (a), the Secretary may give
preference to an eligible recipient located in a rural area or an
underserved area.
(g) Use of Grant Funds.--
(1) In general.--Each eligible recipient receiving a grant
under the pilot program required by subsection (a) shall use
the grant to establish or maintain a program as described in
such subsection in which medical residents or fellows provide
pro bono medical examinations and opinions for the purposes
described in such subsection.
(2) Requirements.--For each program established or
maintained with amounts from a grant under the pilot program--
(A) medical residents and fellows shall practice
under the supervision of attending physicians in
accordance with such supervisory requirements as the
Secretary shall prescribe in regulations;
(B) each attending physician providing such
supervision shall be in good standing with the medical
licensing board of each State in which the attending
physician is licensed;
(C) each medical resident and fellow shall be in
good standing with--
(i) the program established or maintained
with amounts from the grant; and
(ii) the medical licensing board of each
State in which the resident or fellow is
licensed;
(D) each medical resident, fellow, and attending
physician shall undergo training that is substantially
the same as or equivalent to training required for
medical examiners of the Veterans Health Administration
or contractors of the Department who conduct medical
examinations for purposes of supporting claims for
compensation under chapter 11 of title 38, United
States Code;
(E) medical residents shall be in their second year
or later of a medical residency;
(F) the program shall not charge veterans fees for
the services provided;
(G) the program shall screen individual applicants
who are veterans using such income eligibility criteria
as the Secretary shall prescribe in regulations;
(H) the recipient of the grant shall, on an annual
basis, provide the Secretary with an accounting of how
the recipient has used and allocated grant funds; and
(I) the program shall meet such other criteria as
the Secretary may prescribe in regulations.
(h) Forms.--The Secretary shall provide to each recipient of a
grant under the pilot program required by subsection (a) all current
disability benefits questionnaire forms of the Department of Veterans
Affairs.
(i) Outreach.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall, in partnership with
veterans service organizations, implement an informative outreach
program for veterans regarding the availability of services from
programs established or maintained under the pilot program required by
subsection (a).
(j) Rule of Construction.--
(1) Voluntary participation.--Participation by any veteran
in the pilot program required by subsection (a) shall be
voluntary.
(2) Right to medical examination.--Nothing in this section
shall be construed to invalidate or replace the right of a
veteran to a medical examination provided by an employee or
contractor of the Department of Veterans Affairs under section
5103A(d) of title 38, United States Code.
(k) Annual Reports.--
(1) In general.--Not less frequently than once each year
for the duration of the pilot program required by 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 on the pilot program.
(2) Contents.--To the extent feasible, each report
submitted under paragraph (1) shall include the following:
(A) The average time to complete medical
examinations and opinions under the pilot program
during the period covered by the report.
(B) The number of medical examinations and opinions
completed under the pilot program during such period.
(C) The number of veterans served under the pilot
program during such period.
(D) The number of cases during such period in which
personnel of the Veterans Benefits Administration or
the Board of Veterans' Appeals found a medical
examination or opinion under the pilot program to be
inadequate for purposes of adjudicating a claim for
compensation under chapter 11 of title 38, United
States Code.
(E) An analysis by the Secretary regarding the
operational effectiveness and cost-effectiveness of the
services provided under the pilot program.
(F) Such suggestions as the Secretary may have for
legislative or administrative action to improve the
pilot program.
(l) Definitions.--In this section:
(1) Rural area.--The term ``rural area'' means an area
classified as ``rural'' by the Bureau of the Census.
(2) Underserved area.--The term ``underserved area'' means
an area that meets one or more of the following criteria:
(A) The area has a high proportion of individuals
who have limited access to health care.
(B) The area has a high proportion of individuals
who have limited access to legal services.
(3) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
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