[114th Congress Public Law 256]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 1345]]
Public Law 114-256
114th Congress
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. <<NOTE: Dec. 14, 2016 - [H.R. 3471]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled <<NOTE: Veterans Mobility
Safety Act of 2016.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Veterans Mobility Safety Act of
2016''.
SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT.
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.''.
SEC. 3. <<NOTE: 38 USC 3902 note.>> COMPREHENSIVE POLICY FOR THE
AUTOMOBILES ADAPTIVE EQUIPMENT 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
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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) <<NOTE: Deadlines.>> 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) <<NOTE: Procedures.>> establish procedures that ensure
against the use of a certifying organization referred to in
subsection (b)(5) that
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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) <<NOTE: Assessment.>> Contents.--The report required by
paragraph (1) shall include the following:
(A) <<NOTE: Plan.>> 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.
SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN
VETERANS 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) <<NOTE: 38 USC 7401 note.>> 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--
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(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) <<NOTE: 38 USC 7401 note.>> 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) <<NOTE: Time periods.>> Annual Report.--
(1) <<NOTE: Effective date.>> 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.
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(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.
Approved December 14, 2016.
LEGISLATIVE HISTORY--H.R. 3471:
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HOUSE REPORTS: No. 114-709 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Sept. 12, considered and passed House.
Nov. 17, considered and passed Senate, amended.
Nov. 29, House concurred in Senate amendment.
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