[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Enrolled Bill (ENR)]
H.R.3471
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To amend title 38, United States Code, to make certain improvements in
the provision of automobiles and adaptive equipment by the Department of
Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

09aa5d354f16af5cb0ddc0b83f0daac6931cbd9a12f4c401b8dad7d9ca81536d

This Act may be cited as the ``Veterans Mobility Safety Act of
2016''.

05d122fa7cdfea9144e3994df587dd8754435fd6ff300b7a19b1a438624ed4af

Section 3903(b) of title 38, United States Code, is amended--
(1) by striking ``Except'' and inserting ``(1) Except''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that to the extent practicable an
eligible person who is provided an automobile or other conveyance under
this chapter is given the opportunity to make personal selections
relating to such automobile or other conveyance.''.

9218971a2d8bf316af138558796319edef3aea17acfe74ba8968b01c131b1812

PROGRAM.
(a) Comprehensive Policy.--The Secretary of Veterans Affairs shall
develop a comprehensive policy regarding quality standards for
providers who provide modification services to veterans under the
automobile adaptive equipment program.
(b) Scope.--The policy developed under subsection (a) shall cover
each of the following:
(1) The Department of Veterans Affairs-wide management of the
automobile adaptive equipment program.
(2) The development of standards for safety and quality of
equipment and installation of equipment through the automobile
adaptive equipment program, including with respect to the defined
differentiations in levels of modification complexity.
(3) The consistent application of standards for safety and
quality of both equipment and installation throughout the
Department.
(4) In accordance with subsection (c)(1), the certification of
a provider by a manufacturer if the Secretary designates the
quality standards of such manufacturer as meeting or exceeding the
standards developed under this section.
(5) In accordance with subsection (c)(2), the certification of
a provider by a third party, nonprofit organization if the
Secretary designates the quality standards of such organization as
meeting or exceeding the standards developed under this section.
(6) The education and training of personnel of the Department
who administer the automobile adaptive equipment program.
(7) The compliance of the provider with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing
automobile adaptive equipment at the facility of the provider.
(8) The allowance, where technically appropriate, for veterans
to receive modifications at their residence or location of choice,
including standards that ensure such receipt and notification to
veterans of the availability of such receipt.
(c) Certification of Manufacturers and Third Party, Nonprofit
Organizations.--
(1) Certification of manufacturers.--The Secretary shall
approve a manufacturer as a certifying manufacturer for purposes of
subsection (b)(4), if the manufacturer demonstrates that its
certification standards meet or exceed the quality standards
developed under this section.
(2) Certification of third party, nonprofit organizations.--
(A) In general.--The Secretary may approve two or more
private, nonprofit organizations as third party, nonprofit
certifying organizations for purposes of subsection (b)(5).
(B) Limitation.--If at any time there is only one third
party, nonprofit certifying organization approved by the
Secretary for purposes of subsection (b)(5), such organization
shall not be permitted to provide certifications under such
subsection until such time as the Secretary approves a second
third party, nonprofit certifying organization for purposes of
such subsection.
(d) Updates.--
(1) Initial updates.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall update Veterans
Health Administration Handbook 1173.4, or any successor handbook or
directive, in accordance with the policy developed under subsection
(a).
(2) Subsequent updates.--Not less frequently than once every 6
years thereafter, the Secretary shall update such handbook, or any
successor handbook or directive.
(e) Consultation.--The Secretary shall develop the policy under
subsection (a), and revise such policy under subsection (d), in
consultation with veterans service organizations, the National Highway
Transportation Administration, industry representatives, manufacturers
of automobile adaptive equipment, and other entities with expertise in
installing, repairing, replacing, or manufacturing mobility equipment
or developing mobility accreditation standards for automobile adaptive
equipment.
(f) Conflicts.--In developing and implementing the policy under
subsection (a), the Secretary shall--
(1) minimize the possibility of conflicts of interest, to the
extent practicable; and
(2) establish procedures that ensure against the use of a
certifying organization referred to in subsection (b)(5) that has a
financial conflict of interest regarding the certification of an
eligible provider.
(g) Biennial Report.--
(1) In general.--Not later than 1 year after the date on which
the Secretary updates Veterans Health Administration Handbook
1173.4, or any successor handbook or directive, under subsection
(d), and not less frequently than once every other year thereafter
through 2022, the Secretary 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
implementation and facility compliance with the policy developed
under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the implementation plan for the policy
developed under subsection (a) and any revisions to such policy
under subsection (d).
(B) A description of the performance measures used to
determine the effectiveness of such policy in ensuring the
safety of veterans enrolled in the automobile adaptive
equipment program.
(C) An assessment of safety issues due to improper
installations based on a survey of recipients of adaptive
equipment from the Department.
(D) An assessment of the adequacy of the adaptive equipment
services of the Department based on a survey of recipients of
adaptive equipment from the Department.
(E) An assessment of the training provided to the personnel
of the Department with respect to administering the program.
(F) An assessment of the certified providers of the
Department of adaptive equipment with respect to meeting the
minimum standards developed under subsection (b)(2).
(h) Definitions.--In this section:
(1) Automobile adaptive equipment program.--The term
``automobile adaptive equipment program'' means the program
administered by the Secretary of Veterans Affairs pursuant to
chapter 39 of title 38, United States Code.
(2) Veterans service organization.--The term ``veterans service
organization'' means any organization recognized by the Secretary
for the representation of veterans under section 5902 of title 38,
United States Code.

4f893f7ebe3f6da2178bd6e86c32868a1d5a1e69817031a505c1c758d9fdd0d1

HEALTH ADMINISTRATION.
(a) Licensed Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United States
Code, is amended by inserting ``licensed hearing aid specialists,''
after ``Audiologists,''.
(2) Qualifications.--Section 7402(b)(14) of such title is
amended by inserting ``, hearing aid specialist'' after ``dental
technologist''.
(b) Requirements.--With respect to appointing hearing aid
specialists under sections 7401 and 7402 of title 38, United States
Code, as amended by subsection (a), and providing services furnished by
such specialists, the Secretary shall ensure that--
(1) a hearing aid specialist may only perform hearing services
consistent with the hearing aid specialist's State license related
to the practice of fitting and dispensing hearing aids without
excluding other qualified professionals, including audiologists,
from rendering services in overlapping practice areas;
(2) services provided to veterans by hearing aid specialists
shall be provided as part of the non-medical treatment plan
developed by an audiologist; and
(3) the medical facilities of the Department of Veterans
Affairs provide to veterans access to the full range of
professional services provided by an audiologist.
(c) Consultation.--In determining the qualifications required for
hearing aid specialists and in carrying out subsection (b), the
Secretary shall consult with veterans service organizations,
audiologists, otolaryngologists, hearing aid specialists, and other
stakeholder and industry groups as the Secretary determines
appropriate.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter during the 5-year
period beginning on the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to Congress a report on
the following:
(A) Timely access of veterans to hearing health services
through the Department of Veterans Affairs.
(B) Contracting policies of the Department with respect to
providing hearing health services to veterans in facilities
that are not facilities of the Department.
(2) Timely access to services.--Each report shall, with respect
to the matter specified in paragraph (1)(A) for the 1-year period
preceding the submittal of such report, include the following:
(A) The staffing levels of audiologists, hearing aid
specialists, and health technicians in audiology in the
Veterans Health Administration.
(B) A description of the metrics used by the Secretary in
measuring performance with respect to appointments and care
relating to hearing health.
(C) The average time that a veteran waits to receive an
appointment, beginning on the date on which the veteran makes
the request, for the following:
(i) A disability rating evaluation for a hearing-
related disability.
(ii) A hearing aid evaluation.
(iii) Dispensing of hearing aids.
(iv) Any follow-up hearing health appointment.
(D) The percentage of veterans whose total wait time for
appointments described in subparagraph (C), including an
initial and follow-up appointment, if applicable, is more than
30 days.
(3) Contracting policies.--Each report shall, with respect to
the matter specified in paragraph (1)(B) for the 1-year period
preceding the submittal of such report, include the following:
(A) The number of veterans that the Secretary refers to
non-Department audiologists for hearing health care
appointments.
(B) The number of veterans that the Secretary refers to
non-Department hearing aid specialists for follow-up
appointments for a hearing aid evaluation, the dispensing of
hearing aids, or any other purpose relating to hearing health.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

a2d0ab7d1760ee258c515ec7b6c757f4ce1ac72dc938bfd979519afae415e97e

Veterans Mobility Safety Act of 2016 — HR. 3471

Other Sections

Want the full experience?