H.R. 530 (103rd): To condition the closure of a military medical facility in the United States or a reduction in ...

...the level of care provided at a military medical facility in the United States upon a determination by the Secretary of Defense and the Secret

103rd Congress, 1993–1994. Text as of Jan 21, 1993 (Introduced).

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HR 530 IH

103d CONGRESS

1st Session

H. R. 530

To condition the closure of a military medical facility in the United States or a reduction in the level of care provided at a military medical facility in the United States upon a determination by the Secretary of Defense and the Secretary of the military department concerned that the closure or reduction is cost effective for the Federal Government.

IN THE HOUSE OF REPRESENTATIVES

January 21, 1993

Mr. PANETTA introduced the following bill; which was referred to the Committee on Armed Services


A BILL

To condition the closure of a military medical facility in the United States or a reduction in the level of care provided at a military medical facility in the United States upon a determination by the Secretary of Defense and the Secretary of the military department concerned that the closure or reduction is cost effective for the Federal Government.

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

SECTION 1. CONDITIONS ON CLOSURE OF, OR REDUCTION IN CARE AT, MILITARY MEDICAL FACILITIES.

    (a) CONDITIONS- The Secretary of a military department may not take any action to close, or reduce the level of care provided at, a military medical facility in the United States under the jurisdiction of the Secretary until 90 days after the date on which the Secretary determines that the closure or reduction will be cost effective, as calculated under subsection (b). If the closure of a military medical facility or a reduction in the level of care provided at a military medical facility is proposed as part of the closure or realignment of a military installation selected for closure or realignment under a base closure law, the Secretary of Defense shall make the determination required by this subsection.

    (b) CALCULATION OF COST EFFECTIVENESS- To determine whether the closure of a military medical facility or a reduction in the level of care provided at a military medical facility is cost effective, the Secretary of Defense or the Secretary of the military department concerned, as the case may be, shall calculate whether--

      (1) the cost to the Federal Government of continuing to provide care at the military medical facility to persons who are eligible to receive care at the facility pursuant to section 1074(b), 1074a, 1074b, 1076, or 1145(a) of title 10, United States Code, and receive or are likely to seek treatment at the facility; exceeds

      (2) the cost to the Federal Government of providing alternate equivalent care to such persons at other Federal or private health care facilities as a consequence of the closure or reduction.

    (c) NOTIFICATION OF CONGRESS- The Secretary of Defense or the Secretary of a military department shall notify Congress of each determination made by the Secretary concerned under subsection (a), and the basis for making the determination, not later than 10 days after the Secretary makes the determination.

    (d) NOTIFICATION OF AND CONSULTATION WITH COMMUNITY REUSE ENTITIES- In the case of a military medical facility located on a military installation in the United States selected for closure or realignment under a base closure law, the Secretary of Defense shall promptly notify all community reuse entities formed with respect to the installation if the Secretary is considering the closure of the military medical facility or a reduction in the level of care provided at the military medical facility as part of the closure or realignment of the installation. The Secretary shall consult with such community reuse entities in making the determination under subsection (a) with regard to that military medical facility.

    (e) APPLICATION OF SECTION- This section shall apply with respect to any closure of a military medical facility in the United States or any reduction in the level of care provided at a military medical facility in the United States, even if the military medical facility is located on a military installation selected for closure or realignment under a base closure law.

    (f) DEFINITION- For purposes of this section, the term ‘base closure law’ means the following:

      (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10 U.S.C. 2687 note).

      (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627; 10 U.S.C. 2687 note).

      (3) Section 2687 of title 10, United States Code.

      (4) Any other similar law enacted after the date of the enactment of this Act.