[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1912 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1912
To amend title 38, United States Code, to expand access to the Veterans
Community Care Program of the Department of Veterans Affairs to include
certain veterans seeking mental health or substance-use services, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2025
Mr. Daines (for himself, Ms. Lummis, and Mr. Grassley) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to expand access to the Veterans
Community Care Program of the Department of Veterans Affairs to include
certain veterans seeking mental health or substance-use services, 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 ``Protecting Veteran Community Care
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On June 6, 2018, the John S. McCain III, Daniel K.
Akaka, and Samuel R. Johnson VA Maintaining Internal Systems
and Strengthening Integrated Outside Networks Act of 2018
(Public Law 115-182) (in this section referred to as the ``VA
MISSION Act'') became law.
(2) Congressional intent with the VA MISSION Act was to
reform and replace the program under section 101 of the
Veterans Access, Choice, and Accountability Act of 2014 (Public
Law 113-146; 38 U.S.C. 1701 note) to ensure access of veterans
to community health care providers.
(3) The eligibility standards established by the VA MISSION
Act were not meant to be used to limit health care options for
veterans or to be applied to community providers, which would
result in reduced health care options.
(4) Many veterans do not have access to a medical facility
of the Department of Veterans Affairs in their community and
each medical facility of the Department may not be able to
adequately address the specific health care needs of a
particular veteran.
(5) It was intent of Congress in the VA MISSION Act that
all medical services, including mental health treatments and
institutional extended care services for mental health, were to
be available to veterans in the community.
(6) The Department is limiting access of veterans to
community care for mental health treatments.
(7) Despite the best efforts of the Department, veteran
suicide remains at significant levels throughout the United
States.
(8) No veteran should have to wait 30 days for mental
health services to be approved by the Department.
(9) Telehealth appointments represent a valuable
complementary health care option for underserved veterans, but
do not offer the same quality of care as in-person visits to
facilities of the Department or in the community for veterans
in crisis.
SEC. 3. EXPANSION OF VETERANS COMMUNITY CARE PROGRAM TO INCLUDE ACCESS
TO MENTAL HEALTH OR SUBSTANCE-USE SERVICES FOR VETERANS
UNABLE TO TIMELY ACCESS MENTAL HEALTH RESIDENTIAL
TREATMENT PROGRAMS.
(a) In General.--Section 1703 of title 38, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (1)
(i) in subparagraph (D), by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(F) in the case of residential mental health or
substance-use services, the covered veteran--
``(i) meets the criteria of the Department for
priority admission to a Mental Health Residential
Rehabilitation Treatment Program of the Department and
the Department is unable to accommodate such priority
admission; or
``(ii) has contacted the Department to request such
services from a Mental Health Residential
Rehabilitation Treatment Program of the Department and
the Department is not able to furnish such services in
a manner than complies with the access standards of the
Department for specialty care provided under this
section by a health care provider specified in
subsection (c).''; and
(B) by adding at the end the following new
paragraph (5):
``(5) In the case of a covered veteran entitled to mental health or
substance-use services under paragraph (1)(F), the Secretary shall
ensure that referral of a veteran to an alternate Mental Health
Residential Rehabilitation Treatment Program of the Department does not
take precedence over timely access to such services under this section
pursuant to such paragraph unless such referral is requested by the
covered veteran.'';
(2) by redesignating subsection (q) as subsection (r); and
(3) by inserting after subsection (p) the following new
subsection (q):
``(q) Minimum Standards for Residential Mental Health or Substance-
Use Services.--(1) Subject to paragraph (2), in furnishing residential
mental health or substance-use services to covered veterans pursuant to
subsection (d)(1)(F), the Secretary shall ensure that programs or
facilities providing such services under this section meet the
following standards:
``(A) A treatment program or facility must be licensed and
accredited by a State for the provision of the services
provided.
``(B) A treatment program must be accredited under either
the Joint Commission Behavioral Health Standards or the
Behavioral Health Standards manual (residential treatment) of
the Commission on Accreditation of Rehabilitation Facilities,
or any successor standards or manual.
``(2) If a program or facility to which a covered veteran is to be
referred pursuant to subsection (d)(1)(F) does not meet the standards
specified under paragraph (1), the Secretary, acting through the
director of the facility of the Department carrying out the referral--
``(A) shall consider an alternate program or facility; and
``(B) may waive such standards on an individual basis if no
other alternate program or facility is available or such waiver
is in the best interest of the veteran.''.
(b) Modification of Access Standards.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall develop or amend existing access standards of the
Department of Veterans Affairs to ensure that access to mental health
care under the Veterans Community Care Program under section 1703 of
title 38, United States Code, as amended by subsection (a), is not more
restrictive than the access standards for specialty care under such
section.
SEC. 4. PROHIBITION ON CERTAIN LIMITATIONS ON ACCESS OF VETERANS TO
CARE.
Section 1703(n) of title 38, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) In applying wait times or access standards under this section
for purposes of determining eligibility of a covered veteran for care
or services under this section, the Secretary may not determine that
the veteran is ineligible for such care or services due solely to the
fact that health care providers specified in subsection (c) are unable
to provide such care or services in compliance with such wait times or
access standards.
``(4) If multiple options are available to a covered veteran for
care or services under this section, the Secretary shall permit the
veteran to elect the option that the veteran prefers.''.
SEC. 5. DEVELOPMENT OF COMMUNITY CARE METRICS.
(a) In General.--Section 1703(m)(1) of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
``(C) The review submitted under subparagraph (A) shall include,
for the year covered by the review, the following:
``(i) The number of instances of care or services
requested.
``(ii) The number of such requests that were approved.
``(iii) The number of such requests that were denied.
``(iv) The number of appeals under subsection (f) of such
requests that were denied, including the final decision of such
appeal.
``(v) The eligibility criteria under which each eligible
veteran has qualified for care or services under this section.
``(vi) Data with respect to the following:
``(I) Requests for care or services relating to
mental health.
``(II) Authorizations for emergency care, including
whether transportation for such care was required or
whether further care or a hospital stay was
required.''.
(b) Application.--The amendment made by subsection (a) shall apply
to each review conducted under subparagraph (A) of such section after
the date of the enactment of this Act.
SEC. 6. LIMITATION ON MODIFICATION OF COMMUNITY CARE ACCESS STANDARDS.
Any modification on or after the date of the enactment of this Act
by the Secretary of Veterans Affairs of the conditions under which care
is required to be provided under section 1703(d) of title 38, United
States Code, either through a modification of the designated access
standards under paragraph (1)(D) of such section, a modification of the
criteria developed by the Secretary under paragraph (1)(E) of such
section, or otherwise through regulation, shall not take effect until a
joint resolution is enacted approving such modification to the
conditions under which care is required to be provided under such
section.
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