§7319 — Title 38 Veterans' Benefits | U.S. Code

Summary

Mammograms may only be done at a VA facility if that facility is accredited by a private nonprofit chosen by the Secretary. The accrediting group must meet the accrediting-body standards in section 354(e) of the Public Health Service Act (42 U.S.C. 263b). The Secretary must work with the Secretary of Health and Human Services to set quality control and quality assurance rules for doing and reading mammograms and for mammogram machines and rooms. Those rules must be at least as strict as the HHS rules in section 354(f) of the Public Health Service Act. The Secretary must have annual inspections of the equipment and places where VA mammograms are done, done in the same way HHS inspects certified facilities under section 354(g). A State agency may not do those inspections. The Secretary must also make sure mammograms done for the VA by outside providers meet the HHS standards in section 354. Mammogram — meaning given in paragraph (5) of section 354(a) of the Public Health Service Act.

Title 38, §7319

Veterans' Benefits — Source: USLM XML via OLRC

(a)A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under subsection (e) of section 354 of the Public Health Service Act (42 U.S.C. 263b).

(b)The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act.

(c)(1)The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act.

(2)The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency.

(d)The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act.

(e)For the purposes of this section, the term “mammogram” has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 354 of the Public Health Service Act, referred to in text, is section 354 of act July 1, 1944, ch. 373, which is classified to section 263b of Title 42, The Public Health and Welfare.

Statutory Notes and Related Subsidiaries

Deadline for Prescribing Standards Pub. L. 104–262, title III, § 321(b), Oct. 9, 1996, 110 Stat. 3195, required the Secretary of Veterans Affairs to prescribe standards under subsection (b) of this section not later than the end of the 120-day period beginning on Oct. 9, 1996. Implementation Report Pub. L. 104–262, title III, § 321(c), Oct. 9, 1996, 110 Stat. 3195, required the Secretary to submit to Congress a report on the Secretary’s implementation of this section not later than 120 days after Oct. 9, 1996.

§7319 Mammography Quality Standards