§1703C — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must create quality standards for hospital care, medical care, and extended care the Department provides, including care paid for from outside providers. The standards must use existing health measures so veterans can compare VA and non-VA care, and they must match industry practices so data can move between systems. To set the standards, the Secretary must collect and use data, including a survey of veterans who used VA care in the last 2 years (with help from veterans groups and other stakeholders) and datasets that show timely care, effective care, safety (including complications, readmissions, and deaths), efficiency, and effects on patient quality of life. The Secretary must consult with federal partners (including the Department of Defense, the Department of Health and Human Services, the Centers for Medicare & Medicaid Services, and the Indian Health Service), private and non‑government groups (including Third Party Administrators), make sure no metric is over- or under-analyzed, use up-to-date data methods, use all relevant data, use data scientists efficiently, and work with those partners as needed. The standards must be updated at least once every 5 years, and the Secretary must report the updated standards to the appropriate congressional committees within 30 days. The Department must publish facility quality ratings at least once every 3 years on the Hospital Compare website through CMS, and within 2 years after creating or updating the standards the Secretary must ask the public for comments on possible measure changes. Appropriate committees of Congress: the Senate and House Committees on Veterans’ Affairs and the Senate and House Committees on Appropriations. Covered veterans: the veterans described in section 1703(b).

Title 38, §1703C

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary shall establish standards for quality regarding hospital care, medical services, and extended care services furnished by the Department pursuant to this title, including through non-Department health care providers pursuant to section 1703 of this title.

(2)(A)In establishing standards for quality under paragraph (1), the Secretary shall consider existing health quality measures that are applied to public and privately sponsored health care systems with the purpose of providing covered veterans relevant comparative information to make informed decisions regarding their health care.

(B)The Secretary shall ensure that the standards for quality established under paragraph (1) are comparable to industry standards to ensure there is adequate data transference between care furnished by the Department and care furnished by a non-Department provider.

(3)The Secretary shall collect and consider data for purposes of establishing the standards under paragraph (1). Such data collection shall include—

(A)after consultation with veterans service organizations and other key stakeholders on survey development or modification of an existing survey, a survey of veterans who have used hospital care, medical services, or extended care services furnished by the Veterans Health Administration during the most recent 2-year period to assess the satisfaction of the veterans with service and quality of care; and

(B)datasets that include, at a minimum, elements relating to the following:

(i)Timely care.

(ii)Effective care.

(iii)Safety, including, at a minimum, complications, readmissions, and deaths.

(iv)Efficiency.

(v)Outcomes relating to patient quality of life.

(4)The Secretary shall consult with all pertinent Federal entities (including the Department of Defense, the Department of Health and Human Services, the Centers for Medicare & Medicaid Services, and the Indian Health Service), entities in the private sector, and other non-governmental entities including Third Party Administrators in establishing standards for quality.

(5)When collecting, considering, and applying data related to patient care for purposes of establishing standards for quality under paragraph (1), the Secretary shall ensure no metric is being over or under analyzed.

(6)In establishing standards for quality under paragraph (1), the Secretary shall—

(A)utilize the most up-to-date practices for extracting and analyzing relevant data;

(B)utilize all relevant data available to the Secretary;

(C)ensure the most efficient use of time and resources related to the use of data scientists employed by the Department; and

(D)collaborate, as appropriate, with entities specified in paragraph (4).

(7)(A)Not less frequently than once every five years, the Secretary shall update the standards for quality established under paragraph (1) pursuant to the requirements for the establishment of such standards under this subsection.

(B)Not later than 30 days after any date on which the Secretary updates, pursuant to subparagraph (A), the standards for quality under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on such updated standards for quality.

(b)(1)Not less frequently than once every three years, the Secretary shall publish the quality rating of medical facilities of the Department pursuant to standards for quality under subsection (a) in the publicly available Hospital Compare website through the Centers for Medicare & Medicaid Services for the purpose of providing veterans with information that allows them to compare performance measure information among Department and non-Department health care providers.

(2)Not later than 2 years after the date on which the Secretary establishes or updates standards for quality under subsection (a), the Secretary shall consider and solicit public comment on potential changes to the measures used in such standards to ensure that they include the most up-to-date and applicable industry measures for veterans.

(c)In this section:

(1)The term “appropriate committees of Congress” means—

(A)the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and

(B)the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

(2)The term “covered veterans” means veterans described in section 1703(b) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a)(2). Pub. L. 118–210, § 104(a)(1)(A), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (a)(3)(B)(v). Pub. L. 118–210, § 104(a)(1)(B), added cl. (v). Subsec. (a)(4). Pub. L. 118–210, § 104(a)(1)(C), substituted “the Centers for Medicare & Medicaid Services, and the Indian Health Service” for “and the Centers for Medicare & Medicaid Services” and “and other non-governmental entities including Third Party Administrators” for “and other nongovernmental entities”. Subsec. (a)(5) to (7). Pub. L. 118–210, § 104(a)(1)(D), added pars. (5) to (7) and struck out former par. (5) which read as follows: “(A) Not later than 270 days after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall submit to the appropriate committees of Congress a report detailing the standards for quality. “(B)(i) Before submitting the report required under subparagraph (A), the Secretary shall provide periodic updates to the appropriate committees of Congress to confirm the Department’s progress towards developing the standards for quality required by this section. “(ii) The first update under clause (i) shall occur no later than 120 days from the date of the enactment of the Caring for Our Veterans Act of 2018.” Subsec. (b)(1). Pub. L. 118–210, § 104(a)(2)(A), substituted “Not less frequently than once every three years” for “Not later than 1 year after the date on which the Secretary establishes standards for quality under subsection (a)” and inserted “pursuant to standards for quality under subsection (a)” after “medical facilities of the Department”. Subsec. (b)(2). Pub. L. 118–210, § 104(a)(2)(B), inserted “or updates” after “establishes”. 2018—Subsec. (c). Pub. L. 115–251 inserted heading and introductory provisions, substituted “means” for “refers to” in par. (2), and realigned margins.

Statutory Notes and Related Subsidiaries

Deadline for Update Pub. L. 118–210, title I, § 104(b), Jan. 2, 2025, 138 Stat. 2712, provided that: “The Secretary, pursuant to paragraph (7) of section 1703C(a) of title 38, United States Code (as added by subsection (a)), shall make the first update to the standards for quality established under paragraph (1) of such section not later than the date that is five years after the date on which the Secretary submits the report under paragraph (2) of subsection (d) [of section 104 of Pub. L. 118–210, set out as a note below].” Updates to Quality Care Metrics Pub. L. 118–210, title I, § 104(d), Jan. 2, 2025, 138 Stat. 2712, provided that: “(1) Initial report.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress [Committees on Veterans’ Affairs and Appropriations of the Senate and the House of Representatives] a report on how the Secretary plans to implement the

Amendments

made by subsections [sic] (a) [amending this section]. “(2) Deadline; summary report.—Not later than two years after the date of the enactment of this Act, the Secretary shall—“(A) implement the

Amendments

made by subsection (a), including by updating the standards for quality established under section 1703C of title 38, United States Code; and “(B) submit to the appropriate committees of Congress a report detailing the standards for quality updated pursuant to such

Amendments

.” [Pub. L. 118–210, title I, § 104(f), Jan. 2, 2025, 138 Stat. 2713, provided that: “In this section [amending this section and enacting provisions set out as notes above], the term ‘appropriate committees of Congress’ has the meaning given such term in section 1703C of title 38, United States Code.” ]

§1703C Standards for Quality

Summary

Title 38, §1703C

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Amendments

Amendments

Citations & Metadata