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EXPANDED SHARING BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE Public Law 102–585, title II, Nov. 4, 1992, 106 Stat. 4949 (as amended by Public Law 103-446, § 1202(e)(1), Nov. 2, 1994, 108 Stat. 4689; and section 302 of Public Law 104–262, Oct. 9, 1996, 110 Stat. 3193) provides: SEC. 201 (38 U.S.C. 8111 note). TEMPORARY EXPANSION OF AUTHORITY
FOR SHARING AGREEMENTS. (a) AUTHORITY.—The Secretary of Veterans Affairs may enter into an agreement with the Secretary of Defense under this section to expand the availability of health-care sharing arrangements with the Department of Defense under section 8111(c) of title 38, United States Code. Under such an agreement
(1) the head of a Department of Veterans Affairs medical facility may enter into agreements under section 8111(d) of that title with (A) the head of a Department of Defense medical facility, (B) with any other official of the Department of Defense responsible for the provision of care under chapter 55 of title 10, United States Code, to persons who are covered beneficiaries under that chapter, in the region of the Department of Veterans Affairs medical facility, or (C) with a contractor of the Department of Defense responsible for the provision of care under chapter 55 of title 10, United States Code, to persons who are covered beneficiaries under that chapter, in the region of the Department of Veterans Affairs medical facility; and
(2) the term “primary beneficiary" shall be treated as including
(A) with respect to the Department of Veterans Affairs, any person who is described in section 1713 of title 38, United States Code; and
(B) with respect to the Department of Defense, any person who is a covered beneficiary under chapter 55 of title
10, United States Code. (b) USE OF FUNDS.-Any amount received by the Secretary for a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment. SEC. 202 (38 U.S.C. 8111 note). REQUIREMENT FOR IMPROVEMENT IN
SERVICES FOR VETERANS. A proposed agreement authorized by section 201 that is entered into by the head of a Department of Veterans Affairs medical facility may take effect only if the Under Secretary for Health of the Department of Veterans Affairs finds, and certifies to the Secretary of Veterans Affairs, that implementation of the agreement
(1) will result in the improvement of services to eligible veterans at that facility, and
(2) will not result in the denial of, or a delay in providing,
access to care for any veteran at that facility. SEC. 203 (38 U.S.C. 8111 note). EXPANDED SHARING AGREEMENTS WITH
DEPARTMENT OF DEFENSE. Under an agreement under section 201, guidelines under section 8111(b) of title 38, United States Code, may be modified to provide that, notwithstanding any other provision of law, any person who is a covered beneficiary under chapter 55 of title 10 and who is furnished care or services by a facility of the Department of Veterans Affairs under an agreement entered into under section 8111 of that title, or who is described in section 1713 of title 38, United States Code, and who is furnished care or services by a facility of the Department of Defense, may be authorized to receive such care or services,
(1) without regard to any otherwise applicable requirement for the payment of a copayment or deductible; or
(2) subject to a requirement to pay only part of any such otherwise applicable copayment or deductible, as specified in the
guidelines. SEC. 205 (38 U.S.C. 8111 note). CONSULTATION WITH VETERANS SERV.
ICE ORGANIZATIONS. In carrying out this title, the Secretary of Veterans Affairs shall consult with organizations named in or approved under section 5902 of title 38, United States Code. SEC. 206 (38 U.S.C. 8111 note). ANNUAL REPORT.
(a) IN GENERAL.-For each of fiscal years 1993 through 1996, the Secretary of Defense and the Secretary of Veterans Affairs shall in clude in the annual report of the Secretaries under section 8111(f of title 38, United States Code, a description of the Secretaries' im plementation of this section.
(b) ADDITIONAL MATTERS FOR FISCAL YEAR 1996 REPORT.-In the report under subsection (a) for fiscal year 1996, the Secretaries shall include the following:
(1) An assessment of the effect of agreements entered into under section 201 on the delivery of health care to eligible vet
(2) An assessment of the cost savings, if any, associated with provision of services under such agreements to retired mem bers of the Armed Forces, dependents of members or forme members of a uniformed service, and beneficiaries under sec tion 1713 of title 38, United States Code.
(3) Any plans for administrative action, and any rec ommendations for legislation, that the Secretaries consider ap propriate to include in the report. (For provision ratifying action taken in providing services be tween Oct. 1, 1996 and Oct. 9, 1996, in carrying out section 20 of Public Law 102–585, set out above, see section 302(b)(2) of Pub lic Law 104–262, set out as a note under section 8111 of this title. SEC. 207 (38 U.S.C. 8111 note). AUTHORITY TO BILL HEALTH-PLAN CON
TRACTS (a) RIGHT TO RECOVER.—In the case of a primary beneficiary (a described in section 201(a)(2)(B)) who has coverage under a health plan contract, as defined in section 1729(i)(1)(A) of title 38, Unite
States Code, and who is furnished care or services by a Department medical facility pursuant to this title, the United States shall have the right to recover or collect charges for such care or services from such health-plan contract to the extent that the beneficiary (or the provider of the care or services) would be eligible to receive payment for such care or services from such health-plan contract if the care or services had not been furnished by a department or agency of the United States. Any funds received from such healthplan contract shall be credited to funds that have been allotted to the facility that furnished the care or services.
(b) ENFORCEMENT.—The right of the United States to recover under such a beneficiary's health-plan contract shall be enforceable in the same manner as that provided by subsections (a)(3), (b), (X1), (d), (f), (h), and (i) of section 1729 of title 38, United States Code.
PROVISIONS FROM VETERANS' HEALTH CARE
ELIGIBILITY REFORM ACT OF 1996 Public Law 104–262, 88 102(b), 322, 323, 334(b), Oct. 9, 1996, 110 Stat. 3182, 3196, 3203–3204, provides: SEC. 102 (38 U.S.C. 1710 note). REVISION IN AUTHORITIES FOR PROVI.
SION OF PRIORITY HEALTH CARE FOR CERTAIN VETER
ANS EXPOSED TO SPECIFIED TOXIC SUBSTANCES. (b) SAVINGS PROVISIONS.—The provisions of sections 1710(e) and 1712(a) of title 38, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply on and after such date with respect to the furnishing of hospital care, nursing home care, and medical services for any veteran who was furnished such care or services before such date of enactment on the basis of presumed exposure to a substance or radiation under the authority of those provisions, but only for treatment for a disability for which such care or services were furnished before such date.
SEC. 322 (38 U.S.C. 1710 note). PATIENT PRIVACY FOR WOMEN PA.
TIENTS. (a) IDENTIFICATION OF DEFICIENCIES.—The Secretary of Veterans Affairs shall conduct a survey of each medical center under the jurisdiction of the Secretary to identify deficiencies relating to patient privacy afforded to women patients in the clinical areas at each such center which may interfere with appropriate treatment of such patients.
(b) CORRECTION OF DEFICIENCIES.—The Secretary shall ensure that plans and, where appropriate, interim steps to correct the deficiencies identified in the survey conducted under subsection (a) are developed and are incorporated into the Department's construction planning processes and, in cases in which it is cost effective to do 50, are given a high priority.
(c) REPORTS TO CONGRESS.-The Secretary shall compile an annual inventory, by medical center, of deficiencies identified under subsection (a) and of plans and, where appropriate, interim steps, to correct such deficiencies. The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than October 1, 1997, and not later than October I each year thereafter through 1999 a report on such deficiencies. The Secretary shall include in such report the inventory compiled oy the Secretary, the proposed corrective plans, and the status of
EC. 323 (38 U.S.C. 318 note). ASSESSMENT OF USE BY WOMEN VETER
ANS OF DEPARTMENT HEALTH SERVICES. (a) REPORTS TO UNDER SECRETARY FOR HEALTH.-The Center for Women Veterans of the Department of Veterans Affairs (estab
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