[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2757 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2757
To limit the Secretary of Veterans Affairs from modifying the rate of
payment or reimbursement for transportation of veterans or other
individuals via special modes of transportation under the laws
administered by the Secretary, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2023
Mr. Tester (for himself, Mr. Moran, Mrs. Murray, and Mr. Boozman)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To limit the Secretary of Veterans Affairs from modifying the rate of
payment or reimbursement for transportation of veterans or other
individuals via special modes of transportation under the laws
administered by the Secretary, 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 ``VA Emergency Transportation Access
Act''.
SEC. 2. LIMITATION ON MODIFICATION OF RATE OF PAYMENT OR REIMBURSEMENT
FOR TRANSPORTATION OF VETERANS OR OTHER INDIVIDUALS VIA
SPECIAL MODES OF TRANSPORTATION.
(a) In General.--Except as provided in subsection (b)--
(1) the rate of payment or reimbursement for transportation
of a veteran or other individual via a special mode of
transportation under the laws administered by the Secretary of
Veterans Affairs on or after January 1, 2023, shall be the rate
in effect as of such date; and
(2) the Secretary may not modify any such rate on or after
the date of the enactment of this Act.
(b) Exceptions.--
(1) Increase of rate.--The Secretary may modify the rate of
payment or reimbursement for transportation of a veteran or
other individual via a special mode of transportation under the
laws administered by the Secretary if such a change would
increase such rate of payment or reimbursement.
(2) Decrease of rate.--
(A) Review and development of process.--The
Secretary may decrease the rate of payment or
reimbursement for transportation of a veteran or other
individual via a special mode of transportation under
the laws administered by the Secretary if the following
requirements are met before the effective date of such
decrease:
(i) The Secretary conducts a thorough
review and analysis of such decrease with
respect to the following:
(I) The economic impact of such
decrease on the Department.
(II) The economic impact of such
decrease on the appropriate industry
associated with the special mode of
transportation or special modes of
transportation in question.
(III) The impact of such decrease
on access to care for veterans.
(ii) The Secretary develops a formal
process for updating such rate of payment or
reimbursement that would protect or expand the
current level of access reviewed and analyzed
under clause (i)(III).
(iii) The Secretary conducts the review and
analysis under clause (i) and develops the
process under clause (ii) in consultation with
a committee comprised of representation from
the following:
(I) Relevant industry experts.
(II) The Centers for Medicare &
Medicaid Services.
(III) Appropriate subject matter
experts of the Department of Veterans
Affairs in the areas of transportation,
access to care, integrated veteran
care, rural veterans, native veterans,
and any other areas as determined
appropriate by the Secretary.
(IV) Veterans service
organizations.
(iv) The Secretary confirms that the new
rate reflects, at a minimum, the actual costs
of transportation.
(B) Additional requirements before rate decrease.--
If a decrease permitted under subparagraph (A) to the
rate of payment or reimbursement for transportation of
a veteran or other individual via a special mode of
transportation under the laws administered by the
Secretary would allow for the establishment of a
contracted rate different from the established rate of
the Department, not later than two years before the
effective date of such change, the Secretary shall--
(i) establish a template and standardized
process for such contracts and submit such
template and standardized process to Congress
for feedback; and
(ii) issue guidance regarding such template
and standardized process across appropriate
entities within the Department and across the
industry associated with the special mode of
transportation or special modes of
transportation covered by such contract.
(c) Definitions.--In this section:
(1) Special mode of transportation.--The term ``special
mode of transportation'' has the meaning given that term in
section 70.2 of title 38, Code of Federal Regulations, or
successor regulations.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
<all>