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Referenced Laws
chapter 51
section 5103A
Public Law 104–275
38 U.S.C. 5101
Section 1
1. Short title This Act may be cited as the Rural Veterans’ Improved Access to Benefits Act of 2024.
Section 2
2. Permanent authority for contract physicians to perform Department of Veterans Affairs disability examinations Subchapter I of chapter 51 of title 38, United States Code, is amended by inserting after section 5103A the following new section: A medical examination conducted under section 5103A(d) of this title that is carried out through the Under Secretary for Benefits may be made by a person who is not an employee of the Department in accordance with this section. Any examination authorized under paragraph (1) shall be performed pursuant to a contract entered into between the Under Secretary for Benefits and that person. Notwithstanding any provision of law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State so long as the examination is within the scope of the authorized duties under such contract. A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of this title, who— has a current unrestricted license to practice the health care profession of the health care professional; is not barred from practicing such health care profession in any State; and is performing authorized duties for the Department pursuant to a contract entered into under subsection (a). Expenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions. The Secretary shall establish a mechanism whereby a health care professional authorized to provide an examination under subsection (a) for an applicant for a benefit described in paragraph (1) of such subsection can transmit to the Secretary evidence introduced by the applicant during such examination. The table of sections after the beginning of chapter 51 of such title is amended by inserting after the item relating to section 5103A the following new item: The pilot program under section 504(a) of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note) is hereby terminated. 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 effect of the use of the authority provided by section 5103B of such title, as added by subsection (a), on the cost, timeliness, and thoroughness of medical disability examinations. 5103B.Performance of disability examinations by contract physicians(a)Authority(1)A medical examination conducted under section 5103A(d) of this title that is carried out through the Under Secretary for Benefits may be made by a person who is not an employee of the Department in accordance with this section.(2)Any examination authorized under paragraph (1) shall be performed pursuant to a contract entered into between the Under Secretary for Benefits and that person.(b)Licensure of contract health care professionals(1)Notwithstanding any provision of law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State so long as the examination is within the scope of the authorized duties under such contract.(2)A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of this title, who—(A)has a current unrestricted license to practice the health care profession of the health care professional;(B)is not barred from practicing such health care profession in any State; and(C)is performing authorized duties for the Department pursuant to a contract entered into under subsection (a).(c)Source of fundsExpenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions.(d)Mechanism for transmittal of evidence introduced by applications during examinationsThe Secretary shall establish a mechanism whereby a health care professional authorized to provide an examination under subsection (a) for an applicant for a benefit described in paragraph (1) of such subsection can transmit to the Secretary evidence introduced by the applicant during such examination.. 5103B. Performance of disability examinations by contract physicians..
Section 3
5103B. Performance of disability examinations by contract physicians A medical examination conducted under section 5103A(d) of this title that is carried out through the Under Secretary for Benefits may be made by a person who is not an employee of the Department in accordance with this section. Any examination authorized under paragraph (1) shall be performed pursuant to a contract entered into between the Under Secretary for Benefits and that person. Notwithstanding any provision of law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State so long as the examination is within the scope of the authorized duties under such contract. A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of this title, who— has a current unrestricted license to practice the health care profession of the health care professional; is not barred from practicing such health care profession in any State; and is performing authorized duties for the Department pursuant to a contract entered into under subsection (a). Expenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions. The Secretary shall establish a mechanism whereby a health care professional authorized to provide an examination under subsection (a) for an applicant for a benefit described in paragraph (1) of such subsection can transmit to the Secretary evidence introduced by the applicant during such examination.