S. 3313 (112th): Women Veterans and Other Health Care Improvements Act of 2012

S 3313 RS

To amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to women veterans, to improve health care furnished by the Department, and for other purposes.

June 19, 2012

Mrs. MURRAY (for herself, Mr. TESTER, Mr. BEGICH, Mr. SANDERS, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs

December 13, 2012

Reported by Mrs. MURRAY, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

To amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to women veterans, to improve health care furnished by the Department, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [<-Struck out]

[Struck out->] (a) Short Title- This Act may be cited as the ‘Women Veterans and Other Health Care Improvements Act of 2012’. [<-Struck out]

[Struck out->] (b) Table of Contents- The table of contents for this Act is as follows: [<-Struck out]

[Struck out->] Sec. 1. Short title; table of contents. [<-Struck out]

[Struck out->] Sec. 2. Facilitation of reproduction and infertility research. [<-Struck out]

[Struck out->] Sec. 3. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. [<-Struck out]

[Struck out->] Sec. 4. Reproductive treatment and care delivery for spouses and surrogates of veterans. [<-Struck out]

[Struck out->] Sec. 5. Requirement to improve Department of Veterans Affairs women veterans call center. [<-Struck out]

[Struck out->] Sec. 6. Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces. [<-Struck out]

[Struck out->] Sec. 7. Pilot programs on assistance for child care for certain veterans. [<-Struck out]

[Struck out->] SEC. 2. FACILITATION OF REPRODUCTION AND INFERTILITY RESEARCH. [<-Struck out]

[Struck out->] (a) In General- Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]

‘Sec. 7330B. Facilitation of reproduction and infertility research [<-Struck out]

[Struck out->]

‘(a) Facilitation of Research Required- The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Director of the National Institutes of Health to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as spinal cord injury, that affects the veterans’ ability to reproduce. [<-Struck out]

[Struck out->]

‘(b) Dissemination of Information- The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.’. [<-Struck out]

[Struck out->] (b) Clerical Amendment- The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330A the following new item: [<-Struck out]

[Struck out->]

‘7330B. Facilitation of reproduction and infertility research.’. [<-Struck out]

[Struck out->] (c) Report- Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B of title 38, United States Code, as added by subsection (a). [<-Struck out]

[Struck out->] SEC. 3. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO VETERANS LIKE OTHER MEDICAL SERVICES. [<-Struck out]

[Struck out->] Section 1701(6) of such title is amended by adding at the end the following new subparagraph: [<-Struck out]

[Struck out->]

‘(H) Fertility counseling and treatment, including treatment using assisted reproductive technology.’. [<-Struck out]

[Struck out->] SEC. 4. REPRODUCTIVE TREATMENT AND CARE DELIVERY FOR SPOUSES AND SURROGATES OF VETERANS. [<-Struck out]

[Struck out->] (a) In General- Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]

‘Sec. 1787. Reproductive treatment and care for spouses and surrogates of veterans [<-Struck out]

[Struck out->]

‘(a) In General- The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the health care system established under section 1705(a) of this title if the spouse and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. [<-Struck out]

[Struck out->]

‘(b) Coordination of Care for Other Spouses and Surrogates- In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate.’. [<-Struck out]

[Struck out->] (b) Clerical Amendment- The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1786 the following new section: [<-Struck out]

[Struck out->]

‘1787. Reproductive treatment and care for spouses and surrogates of veterans.’. [<-Struck out]

[Struck out->] (c) Regulations- Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1787 of title 38, United States Code, as added by paragraph (1). [<-Struck out]

[Struck out->] SEC. 5. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS AFFAIRS WOMEN VETERANS CALL CENTER. [<-Struck out]

[Struck out->] The Secretary of Veterans Affairs shall enhance the capabilities of the Department of Veterans Affairs women veterans call center-- [<-Struck out]

[Struck out->] (1) to respond to requests by women veterans for assistance with accessing health care and benefits furnished under laws administered by the Secretary; and [<-Struck out]

[Struck out->] (2) for referral of such veterans to community resources to obtain assistance with services not furnished by the Department. [<-Struck out]

[Struck out->] SEC. 6. MODIFICATION OF PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE IN THE ARMED FORCES. [<-Struck out]

[Struck out->] (a) Increase in Number of Locations- Subsection (c) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1712A note) is amended by striking ‘three locations’ and inserting ‘14 locations’. [<-Struck out]

[Struck out->] (b) Extension of Duration- Subsection (d) of such section is amended by striking ‘2-year’ and inserting ‘four-year’. [<-Struck out]

[Struck out->] SEC. 7. PILOT PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS. [<-Struck out]

[Struck out->] (a) Modification of Duration of Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care- Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended to read as follows: [<-Struck out]

[Struck out->]

‘(e) Duration- A child care center that is established as part of the pilot program may operate until the date that is two years after the date on which the pilot program is established in the third Veterans Integrated Service Network required by subsection (d).’. [<-Struck out]

[Struck out->] (b) Requirement for Pilot Program on Assistance for Child Care for Certain Veterans Receiving Readjustment Counseling and Related Mental Health Services- [<-Struck out]

[Struck out->] (1) PILOT PROGRAM REQUIRED- The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing, subject to paragraph (2), assistance to qualified veterans described in paragraph (3) to obtain child care so that such veterans can receive readjustment counseling and related mental health services. [<-Struck out]

[Struck out->] (2) LIMITATION ON PERIOD OF PAYMENTS- Assistance may only be provided to a qualified veteran under the pilot program required by paragraph (1) for receipt of child care during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center. [<-Struck out]

[Struck out->] (3) QUALIFIED VETERANS- For purposes of this subsection, a qualified veteran is a veteran who is-- [<-Struck out]

[Struck out->] (A) the primary caretaker of a child or children; and [<-Struck out]

[Struck out->] (B)(i) receiving from the Department regular readjustment counseling and related mental health services; or [<-Struck out]

[Struck out->] (ii) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. [<-Struck out]

[Struck out->] (4) LOCATIONS- The Secretary shall carry out the pilot program under this subsection in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the pilot program. [<-Struck out]

[Struck out->] (5) DURATION- The pilot program under this subsection shall be carried out until the end of the two-year period beginning on the day on which the Secretary begins carrying out the pilot program at the last Readjustment Counseling Service Region selected under paragraph (4) at which the Secretary begins carrying out the pilot program. [<-Struck out]

[Struck out->] (6) FORMS OF CHILD CARE ASSISTANCE- [<-Struck out]

[Struck out->] (A) IN GENERAL- Child care assistance under this subsection may include the following: [<-Struck out]

[Struck out->] (i) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107-67; 115 Stat. 552). [<-Struck out]

[Struck out->] (ii) Payments to private child care agencies. [<-Struck out]

[Struck out->] (iii) Collaboration with facilities or programs of other Federal departments or agencies. [<-Struck out]

[Struck out->] (iv) Such other forms of assistance as the Secretary considers appropriate. [<-Struck out]

[Struck out->] (B) AMOUNTS OF STIPENDS- In the case that child care assistance under this subsection is provided as a stipend under subparagraph (A)(i), such stipend shall cover the full cost of such child care. [<-Struck out]

[Struck out->] (7) REPORT- Not later than 180 days after the completion of the pilot program required by paragraph (1), the Secretary shall submit to Congress a report on the pilot program. The report shall include the findings and conclusions of the Secretary as a result of the pilot program, and shall include such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. [<-Struck out]

[Struck out->] (8) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out the pilot program required by paragraph (1) $1,000,000 for each of fiscal years 2014 and 2015. [<-Struck out]

[Struck out->] (9) VET CENTER DEFINED- In this section, the term ‘Vet Center’ means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Women Veterans and Other Health Care Improvements Act of 2012’.

SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO VETERANS LIKE OTHER MEDICAL SERVICES.

Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

‘(H) Fertility counseling and treatment, including treatment using assisted reproductive technology.’.

SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR SPOUSES AND SURROGATES OF VETERANS.

(a) In General- Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

‘Sec. 1788. Reproductive treatment and care for spouses and surrogates of veterans

‘(a) In General- The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary.

‘(b) Coordination of Care for Other Spouses and Surrogates- In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate.

‘(c) Construction- Nothing in this section shall be construed to require the Secretary to find or certify a surrogate for a veteran or to connect a surrogate with an injured veteran.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item:

‘1788. Reproductive treatment and care for spouses and surrogates of veterans.’.

SEC. 4. ADOPTION ASSISTANCE.

(a) In General- Subchapter VIII of chapter 17 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section:

‘Sec. 1789. Adoption assistance

‘(a) In General- The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children.

‘(b) Covered Veteran- For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who--

‘(1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and

‘(2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title.

‘(c) Limitation Amount- For purposes of this section, the limitation amount is the amount equal to the lesser of--

‘(1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and

‘(2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item:

‘1789. Adoption assistance.’.

SEC. 5. REPORT ON PROVISION OF FERTILITY COUNSELING AND TREATMENT.

(a) In General- Each year, 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 report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report.

(b) Elements- Each report submitted under subsection (a) shall include, for the period covered by the report, the following:

(1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans.

(2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department.

(3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration.

(4) The average cost to the Department per recipient of such counseling and treatment.

(5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished.

(6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense.

SEC. 6. REGULATIONS ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT AND ADOPTION ASSISTANCE.

(a) In General- Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations--

(1) on the furnishing of fertility treatment to veterans using assisted reproductive technology;

(2) to carry out section 1788 of title 38, United States Code, as added by section 3; and

(3) to carry out section 1789 of such title, as added by section 4.

(b) Limitation- Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish--

(1) to any veteran, any fertility treatment using assisted reproductive technology;

(2) any fertility counseling or treatment under section 1788 of title 38, United States Code, as added by section 3; or

(3) any assistance under section 1789 of such title, as added by section 4.

SEC. 7. COORDINATION WITH DEPARTMENT OF DEFENSE ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT.

The Secretary of Veterans Affairs shall coordinate the furnishing of fertility counseling and treatment by the Department of Veterans Affairs with the furnishing of fertility counseling and treatment by the Department of Defense.

Amend the title so as to read: ‘A bill to amend title 38, United States Code, to improve the reproductive assistance provided by the Department of Veterans Affairs to severely wounded, ill, or injured veterans and their spouses, and for other purposes.’.

Calendar No. 564

To amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to women veterans, to improve health care furnished by the Department, and for other purposes.

December 13, 2012

Loading...