II 103d congress 974 2d Session S. 1 To authorize the Secretary of Veterans Affairs to conduct pilot programs in order to evaluate the feasibility of the participation of the Department of Veterans Affairs health care system in the health care systems of States that have enacted health care reform. IN THE SENATE OF THE UNITED STATES March 24 (legislative day, February 22), 1994 Mr. Rockefeller (for himself, Mr. Murkowski, Mr. Graham, Mr. Akaka, Mr. Daschle, Mr. Thurmond, Mr. Jeffords, Mr. Leahy, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize the Secretary of Veterans Affairs to conduct pilot programs in order to evaluate the feasibility of the participation of the Department of Veterans Affairs health care system in the health care systems of States that have enacted health care reform. 1 Be it enacted by the Senate and House ofRepresenta- 2 tives ofthe United States ofAmerica in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "VA State Health Care 5 Reform Pilot Program Act". — 2 1 SEC. 2. PURPOSE OF PILOT PROGRAMS. 2 The purpose of this Act is to authorize the participa- 3 tion of the Department of Veterans Affairs health care 4 system in the health care systems of States that have en- 5 acted health care reform in order to evaluate the most ap- 6 propriate means of enabling the Department health care 7 system to participate in such systems and in the National 8 health care system contemplated under any plans for Na- 9 tional health care reform. 10 SEC. 3. HEALTH CARE PILOT PROGRAMS. — 1 1 (a) In General. The Secretary may carry out pilot 12 programs on the participation of the Department ofVeter- 13 ans Affairs health care system in the health care systems 14 of States that have adopted comprehensive health benefit 15 plans. The Secretary shall carry out any pilot program 16 under this Act in accordance with the provisions of this 17 Act. — 18 (b) States Eligible for Designation. (1) The 19 Secretary shall designate each of not more than five States 20 as a location for a pilot program under this Act. The Sec- 21 retary shall complete the designation of States as locations 22 for pilot programs not later than 30 days after the date 23 of the enactment of this Act. 24 (2) The Secretary may designate a State as a location 25 for a pilot program under this Act if the Secretary deter- 26 mines that •S 1974 is — 3 1 (A) the State has enacted, or will soon enact, 2 a statute establishing or providing for a comprehen- 3 sive health benefit plan; and 4 (B) the participation of the health care system 5 of the Department under the plan is feasible and ap- 6 propriate in light of the purpose of this Act. 7 (c) Department Participation in State Health — 8 Benefit Plans. (1) To the maximum extent prac- 9 ticable, the Secretary shall provide eligible persons under 10 each pilot program under this Act with the comprehensive 1 1 package of basic health care benefits that would otherwise 12 be available to such persons under the comprehensive 13 health benefit plan of the State in which the pilot program 14 is carried out. The Secretary shall provide such benefits 15 through the health care system of the Department in such 16 State as if such system were a provider of such benefits 17 under such plan. 18 (2) Notwithstanding any other provision of law, a 19 State may not prohibit the participation of the Depart- 20 ment under the comprehensive health benefit plan of the 21 State under a pilot program unless the chief executive offi- 22 cer of the State certifies to the Secretary that 23 (A) the benefits to be provided by the Depart- 24 ment under the pilot program do not meet require- •S 1974 IS 4 1 merits for quality of benefits established by or pro- 2 vided under the plan; or 3 (B) the location of Department facilities (in- 4 eluding facilities providing services by contract or 5 agreement with the Secretary) in the State is such 6 that the proximity of eligible persons to such facili- 7 ties does not meet requirements so established for 8 such proximity. 9 (3) To the maximum extent practicable, the Secretary 10 shall provide health care benefits under a pilot program 11 under this Act in accordance with the statutory require- 12 ments and regulatory requirements imposed with respect 13 to the provision and availability of such benefits under the 14 comprehensive health benefit plan of the State in which 15 the pilot program is carried out. 16 (4) Not later than 30 days after the designation of 17 a State as a location for a pilot program under this Act, 18 the Secretary and the health system director for that State 19 shall jointly determine the Federal regulations the waiver 20 or modification of which is necessary in order to facilitate 21 the carrying out of the pilot program. Upon such deter- 22 mination, the Secretary shall waive or modify the applica- 23 tion of such regulations to the pilot program. 24 (5) The Secretary shall furnish any eligible person 25 living in a State in which a pilot program is carried out •S 1974 IS 5 1 (including any eligible person electing to receive benefits 2 under the pilot program and any eligible person not elect- 3 ing to receive benefits under the pilot program) with the 4 health care benefits for which such person is eligible under 5 chapter 17 of title 38, United States Code, notwithstand- 6 ing that the comprehensive package of basic health care 7 benefits provided under the comprehensive health benefit 8 plan of the State does not otherwise include such health 9 care benefits. The Secretary shall furnish any health care 10 benefits under this paragraph in accordance with the pro- 1 1 visions of that chapter. — 12 (d) Health System Director. The Secretary 13 shall designate a health system director for each State in 14 which a pilot program is carried out under this Act. The 15 health system director of a State shall be the director or 16 chief of staff of a Department medical center located in 17 the State in which the pilot program is carried out. To 18 the maximum extent practicable, the Secretary shall dele- 19 gate to the health system directors the responsibilities of 20 the Secretary under this Act. — 21 (e) Administrative Reorganization. The Sec- 22 retary may carry out any administrative reorganization of 23 an office, facility, activity, or function of the health care 24 system of the Department in a State in which a pilot pro- 25 gram is carried out that the Secretary and the health sys- S 1974 is — 6 1 tern director jointly determine to be necessary in order to 2 facilitate the carrying out of the pilot program. Section 3 510(b) of title 38, United States Code, shall not apply to 4 any such administrative reorganization. — 5 (f) Provision of Benefits. (1)(A) Except as pro- 6 vided in subparagraph (B), the Secretary shall provide 7 health care benefits under a pilot program 8 (i) through the direct provision of such services 9 by the health care system of the Department in the 10 State in which the pilot program is carried out; or 11 (ii) in the event that such services cannot be 12 provided directly by such system, by contract or 13 other agreement in accordance with paragraph (2). 14 (B) The Secretary may exclude facilities of the De- 15 partment from participation in a pilot program. Any facili- 16 ties so excluded shall continue to provide health care bene- 17 fits to veterans and other persons eligible for such benefits 18 in accordance with the provisions of title 38, United States 19 Code. 20 (2) The health system director of a pilot program 21 may enter into contracts and agreements for the provision 22 of health care services and contracts and agreements for 23 other services with respect to the pilot program under 24 paragraph (l)(A)(ii). Any such contract or agreement (in- •S 1974 IS 7 1 eluding any lease) shall not be subject to the following pro- 2 visions of law: 3 (A) Section 8110(c) of title 38, United States 4 Code, relating to contracting of services at Depart- 5 ment health-care facilities. 6 (B) Section 8122(a)(1) of such title, relating to 7 the lease of Department property. 8 (C) Section 8125 of such title, relating to local 9 contracts for the procurement of health-care items. 10 (D) Section 702 of title 5, United States Code, 11 relating to the right of review of agency wrongs by 12 courts of the United States. 13 (E) Sections 1346(a)(2) and 1491 of title 28, 14 United States Code, relating to the jurisdiction of 15 the district courts of the United States and the 16 United States Court of Federal Claims, respectively, 17 for the actions enumerated in such sections. V 18 (F) Subchapter of chapter 35 of title 31, 19 United States Code, relating to adjudication of pro- 20 tests of violations of procurement statutes and regu- 21 lations. 22 (G) Sections 3526 and 3702 of such title, relat- 23 ing to the settlement of accounts and claims, respec- 24 tively, of the United States. •S 1974 IS 8 1 (H) Subsections (b)(7), (e), (f), (g), and (h) of 2 section 8 of the Small Business Act (15 U.S.C. 3 637(b)(7), (e), (f), (g), and (h)), relating to require- 4 ments with respect to small businesses for contracts 5 for property and services. 6 (I) The provisions of law assembled for pur- 7 poses of codification of the United States Code as 8 section 471 through 544 of title 40 that relate to the 9 authority of the Administrator of General Services 10 over the lease and disposal of Federal Government 11 property. 12 (J) The Office of Federal Procurement Policy 13 Act (41 U.S.C. 401 et seq.), relating to the procure- 14 ment of property and services by the Federal Gov- 15 ernment. 16 (K) Chapter 3 of the Federal Property and Ad- 17 ministrative Services Act of 1949 (41 U.S.C. 251 et 18 seq.), relating to the procurement of property and 19 services by the Federal Government. 20 (L) Office of Management and Budget Circular 21 A-76. 22 (3)(A) Notwithstanding any other provision of law, 23 contracts and agreements for the provision of health care 24 services under this subsection shall include contracts and 25 other agreements with insurers, health care providers, or •S 1974 is 9 1 other individuals or entities that provide health care serv- 2 ices in order to obtain health-care resources for eligible 3 persons under a pilot program or to furnish health care 4 benefits to such persons. 5 (B) A health system director of a pilot program may 6 enter into a contract or agreement under this paragraph 7 only if the director determines that the contract or agree- 8 ment is necessary in order to ensure the provision of 9 health care services of an acceptable level and quality 10 under the pilot program. 11 (C) Contracts and agreements under this paragraph 12 may be entered into without prior review by the Central 13 Office of the Department. 14 (4)(A) Contracts and agreements under this sub- 15 section for services other than the services referred to in 16 paragraph (3) (including contracts and agreements for 17 procurement of equipment, maintenance and repair serv- 18 ices, and other services related to the provision of health 19 care services) shall not be subject to review by the Central 20 Office if the amount of such contracts or agreements is 21 less than $250,000. 22 (B) Contracts and agreements for services under this 23 paragraph shall be subject to review by the Central Office 24 if the amount of such contracts or agreements is $250,000 25 or greater. If the Central Office fails to approve or reject S 1974 IS 2 — 10 1 a contract or agreement under this clause within 30 days 2 of its submittal to the Central Office, such contract or 3 agreement shall be deemed approved by the Central Office. — 4 (g) Department Personnel. (1) Notwithstand- 5 ing any other provision of law and to the extent necessary 6 to carry out the purpose of a pilot program, the Secretary 7 may 8 (A) appoint health care personnel to positions 9 in the health care system of the Department in the 10 State in which the pilot program is carried out in 11 accordance with such qualifications for such posi- 12 tions as the Secretary may establish; and 13 (B) promote and advance personnel serving in 14 such positions in accordance with such qualifications 15 as the Secretary may establish. 16 (2) Not later than 60 days after the designation of 17 a State as a location for a pilot program under this Act, 18 or at such other time as the Secretary may determine, the 19 Secretary shall request authority from the Director of the 20 Office of Management and Budget to permit the Secretary 21 to employ a number of full time equivalent employees in 22 the health care system of the Department in that State 23 which exceeds the number of such employees that would 24 otherwise be authorized for such employment by the Direc- 25 tor. 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