38 U.S.C. § 7330: Multiple sclerosis centers…

Summary

The Secretary of Veterans Affairs must pick at least two VA medical centers, after the Under Secretary for Health recommends them, to be Multiple Sclerosis (MS) Centers of Excellence and must run those centers if money is available. The chosen centers must be spread out across the country. Any VA facility that was an MS center on January 1, 2005 should be kept as a center unless it fails required checks or cannot do the work well. A special review panel of experts in autoimmune diseases of the brain and spinal cord will rate center proposals. Panel members serve short, staggered terms. A facility can only become a center if the panel finds its proposal among the best and if the facility has or can build needed features: a link with an accredited medical school for neurology training; skilled researchers; a veterans-and-staff advisory committee; ways to review its own work; the ability to share education, care, and research nationally; plans to work with other providers to improve access; and a system to collect national veteran care data. Existing 2005 centers must get enough funding before new centers get money. Funds for research and education are authorized, and center projects get priority for VA research dollars on MS and similar disorders.

Title 38, §7330

Veterans' Benefits, Source: USLM XML via OLRC

(a)Establishment of Centers.—

(1)The Secretary, upon the recommendation of the Under Secretary for Health, shall designate not less than two Department health-care facilities as the locations for multiple sclerosis centers of excellence.

(2)Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate multiple sclerosis centers of excellence at the locations designated pursuant to paragraph (1).

(b)Criteria for Designation of Facilities.—

(1)In designating Department health-care facilities for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall assure appropriate geographic distribution of such facilities.

(2)Except as provided in paragraph (3), the Secretary shall designate as the location for a center pursuant to subsection (a)(1) each Department health-care facility that as of January 1, 2005, was operating a multiple sclerosis center of excellence.

(3)The Secretary may not under subsection (a) designate a facility described in paragraph (2) if (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility—

(A)does not meet the requirements of subsection (c); or

(B)has not demonstrated—

(i)effectiveness in carrying out the established purposes of such center; or

(ii)the potential to carry out such purposes effectively in the reasonably foreseeable future.

(c)Requirements for Designation.—

(1)The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals that meet the highest competitive standards of scientific and clinical merit.

(2)The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following:

(A)An arrangement with an accredited medical school that provides education and training in neurology and with which the Department health-care facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of autoimmune diseases affecting the central nervous system, including multiple sclerosis.

(B)The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts.

(C)An advisory committee composed of veterans and appropriate health-care and research representatives of the Department health-care facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center.

(D)The capability to conduct effectively evaluations of the activities of such center.

(E)The capability to coordinate (as part of an integrated national system) education, clinical, and research activities within all facilities with such centers.

(F)The capability to jointly develop a consortium of providers with interest in treating multiple sclerosis at facilities without such centers in order to ensure better access to state-of-the-art diagnosis, care, and education for autoimmune disease affecting the central nervous system throughout the health-care system of the Department.

(G)The capability to develop a national repository in the health-care system of the Department for the collection of data on health services delivered to veterans seeking care for autoimmune disease affecting the central nervous system.

(d)Peer Review Panel.—

(1)The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of centers under this section.

(2)(A)The membership of the panel shall consist of experts in autoimmune disease affecting the central nervous system.

(B)Members of the panel shall serve for a period of no longer than two years, except as specified in subparagraph (C).

(C)Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment.

(3)The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary.

(4)The panel shall not be subject to chapter 10 of title 5.

(e)Priority of Funding.—

Before providing funds for the operation of a center designated under subsection (a) at a Department health-care facility other than at a facility designated pursuant to subsection (b)(2), the Secretary shall ensure that each multiple sclerosis center at a facility designated pursuant to subsection (b)(2) is receiving adequate funding to enable that center to function effectively in the areas of multiple sclerosis research, education, and clinical activities.

(f)Authorization of Appropriations.—

There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.

(g)Award Competitions.—

Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account. Such activities shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in multiple sclerosis and other neurodegenerative disorders.

Notes & Related Subsidiaries

Editorial Notes

Codification A substantially identical section enacted by Pub. L. 109–444, § 6(a)(1), Dec. 21, 2006, 120 Stat. 3310, was repealed by Pub. L. 109–461, title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3468, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Amendments

2022—Subsec. (d)(4). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective at the end of the 30-day period beginning Dec. 22, 2006, see section 209(b) of Pub. L. 109–461, set out as a note under section 7329 of this title.

§7330 Multiple Sclerosis Centers of Excellence