Va Accountability First and Appeals Modernization Act of 2016
Floor Speech
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Mr. NEWHOUSE. Mr. Chairman, first of all, I include in the Record six letters from various veterans service organizations in support of H.R. 5620, as amended. Military Order of the Purple Heart, Springfield, VA, July 14, 2016. Hon. Jeff Miller, Chairman, House Committee on Veterans' Affairs, Washington, DC.
Dear Chairman Miller: On behalf of the Military Order of the Purple Heart (MOPH), whose membership is comprised entirely of combat wounded veterans, I am pleased to offer our support for sections 1 through 8 and 10 of H.R. 5620, the VA Accountability First and Appeals Modernization Act of 2016. If enacted, this legislation would establish reasonable accountability measures for Department of Veterans Affairs (VA) employees.
The ability to reward good employees and hold poor employees accountable is essential to any high-performing organization. Unfortunately, events of the past two years have made it clear to MOPH that VA lacks the necessary authority to punish, remove, and recoup the performance bonuses of employees who were found to have endangered veterans, misused government funds, and otherwise underperformed in their duties. While we understand that VA cannot simply fire its way to success, we feel that improvements to these authorities made by this legislation are critical to allowing VA to function as it should, while also maintaining veterans' trust in their VA. Furthermore, these reforms would send the right message to the vast majority of VA employees who do an exemplary job every day that their good performance is truly appreciated. MOPH is also pleased that this legislation contains robust whistleblower protections, as no VA employee should ever fear reprisal for identifying deficiencies that could endanger veterans in any way.
MOPH is still evaluating section 9, which makes substantive changes to the VA appeals process, and takes no position on this section at this time.
MOPH thanks you for your leadership on this issue and your commitment to veteran-centric VA reform. We look forward to working with you to ensure the passage of this important legislation. Respectfully, Robert Puskar, National Commander. ____ Fleet Reserve Association, Alexandria, VA, July 26, 2016. Hon. Jeff Miller, Chairman, House Veterans' Affairs Committee, House of Representatives, Washington, DC.
Dear Chairman Miller: The Fleet Reserve Association (FRA) supports the ``VA Accountability First and Appeals Modernization Act'' (H.R. 5620) that would reform the VA's disability benefits appeals process--a top priority for FRA. The bill also strengthens protections for whistleblowers and enforces accountability for unprofessional employees.
The Association appreciates your strong leadership on this issue and stands ready to provide assistance in advancing this legislation. The FRA point of contact is John Davis, Director of Legislative Programs. Sincerely, Thomas J. Snee, National Executive Director. ____ Enlisted Association of the National Guard of the United States, Alexandria, VA, July 21, 2016. Hon. Jeff Miller, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, DC.
Dear Chairman Miller: On behalf of the Enlisted Association of the National Guard of the United States (EANGUS) which represents the interests of over 400,000 enlisted men and women of the Army and Air National Guard, we are pleased to offer our full support for H.R. 5620, the VA Accountability First and Appeals Modernization Act of 2016. This bill combines much needed accountability measures for the employees of the Department of Veterans Affairs (VA), with long overdue reforms to the personal appeals process.
We believe your legislation gives the VA the power it needs to hold its employees accountable, while strengthening protection for whistleblowers. This is crucial, as the events of the past two years have made it clear to our organization that the VA is unable to remove employees that are negligent, underperforming, and don't serve in the best interest of veterans. We also believe the robust protections for whistleblowers contained in this legislation are critical. Employees that do the right thing should not fear reprisals for identifying deficiencies that could endanger veterans.
EANGUS thanks you for your continued leadership on this issue and your commitment to bring improvements and accountability to the VA. We stand ready to work with you and your staff to ensure the passage of this important piece of legislation. Sincerely, Frank Yoakum, Sgt. Maj., U.S. Army (retired), Executive Director. ____ From: CVA--Press. Date: Thursday, July 7, 2016. To: CVA HQ. For Immediate Release: July 7, 2016. Concerned Veterans for America Announces Support for Miller VA Accountability Bill
Arlington, VA.--Concerned Veterans for America (CVA) Vice President for Legislative and Political Action Dan Caldwell released the following statement today in support of House Veterans' Affairs Committee Chairman Miller's introduction of the `VA Accountability First and Appeals Modernization Act of 2016:'
``Concerned Veterans for America applauds Chairman Miller for introducing H.R. 5620, the VA Accountability First and Appeals Modernization Act of 2016: This legislation would go a long way in addressing the lack of accountability plaguing the VA and impeding the timely delivery of health care and other benefits to eligible veterans. From providing meaningful limits on how long VA employees can appeal administrative actions, to giving the VA secretary the authority to recoup bonuses and salary awarded to unethical employees, this bill is full of the reforms that will rid the department of its accountability crisis. Importantly, its removal of the Merit Systems Protection Board (MSPB) from the appeals process for senior executives is a critical component to ensuring that top leaders are held accountable for their actions and kept from negatively influencing veterans' care in the future. We urge the VA committees of both houses of Congress to move quickly on this legislation, and deliver the reform veterans deserve.'' ____ Association of the United States Navy, August 10, 2016. Hon. Jeff Miller, Cannon House Office Building, Washington, DC.
Dear Congressman Miller: The Association for the United States Navy strongly supports HR 5620, which combines VA accountability provisions with appeals reform. The VA has had a history of committing crimes without anything more than a slap on the wrist, leaving it to veterans to suffer from lesser care. With HR 5620, the accountability that veterans have been looking for in order to require that the VA give the proper care would finally occur. We at AUSN greatly appreciate your introduction of this bill and look forward to seeing it gain traction in the House and Senate.
HR 5620 helps outline both accountability measures and appeals reform together, which benefit veterans as well as VA leadership give better care. Both sections 3 and 7 help hold individuals, not just the entire organization or leadership, accountable for their actions. The expedited system would allow employees who had misbehaved to appeal within 10 days and then have their appeal decided within 60 days, which is a much quicker, cleaner version to the system we currently have. This would help bring in better individuals rather than new leadership every time there is a problem, and would allow for expedited reprimand of the individuals by streamlining the discipline process. The appeals reform section of the bill is also impressive, giving veterans three different avenues to go about their appeals process rather than just one and consistently having the same problem. This bill is one that really focuses on the individual rather than the collective, which makes it beneficial for veterans to receive the best quality care possible.
It is crucial that accountability and appeal reform occurs within the VA. The current system is too rigid for real reform to occur, and by having initiatives that are introduced in this bill, it would help make last change within the VA and finally give veterans the care they deserve for serving our country. Sincerely Michael Little. ____ August 31, 2016. Hon. Jeff Miller, Chairman, House Committee on Veterans' Affairs, House of Representatives, Washington, DC.
Dear Mr. Miller: AMVETS (American Veterans) is pleased to support your bill, H.R. 5620, the VA Accountability First and Appeals Modernization Act of 2016, which seeks to provide for the removal or demotion of employees of the Department of Veterans Affairs (VA) based on performance or misconduct, and to reform the Veterans Benefits Administration (VBA) appeals process.
The intent of this bill is in line with two of our National Resolutions, which dictate our legislative priorities, that our members voted on and passed at the AMVETS 72nd National Convention in Reno, Nevada in August. The first Resolution is related to the need for, and importance of, improved VA accountability. It states, in part, that until each and every VA employee can be held accountable for their actions, or lack thereof, the VA system will remain broken, unsatisfactory, and unsafe. The second Resolution is related to fixing the VBA claims processing and appeals systems. It states, in part, that AMVETS continues to monitor the progress of the veteran claims processing system, and working as a stakeholder, seeks to address the shortcomings. For these reasons we stand ready to help you gain passage of H.R. 5620.
AMVETS appreciates your leadership in introducing this important legislation and in striving to improve the lives of all veterans. Sincerely, Joseph R. Chenelly, Executive Director.
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Mr. NEWHOUSE. Mr. Chairman, I believe one of the Federal Government's most important functions is to support those who have sacrificed so much in the defense of our Nation. Whenever our government fails to meet this responsibility, swift action must be taken.
We have heard far too many distressing stories in recent years about the Department of Veterans Affairs failing to provide our veterans the care they deserve. My amendment seeks to address one of these problems by adding the text of H.R. 3216, the Veterans Emergency Treatment Act, to this bill. This language is supported by the Veterans of Foreign Wars, the American Legion, and the Disabled American Veterans.
In short, my amendment would ensure that every enrolled veteran who arrives at an emergency department of a VA medical facility and indicates an emergency condition exists is assessed and treated in an effort to prevent further injury or death. This is accomplished by applying the statutory requirements of the Emergency Medical Treatment and Labor Act, or EMTALA, to emergency care furnished by the VA to enrolled veterans.
Mr. Chairman, my attention was drawn to this issue by one of my own constituents. In February of 2015, a 64-year-old Army veteran arrived at the Seattle VA emergency room in severe pain with a broken foot that had swollen to the size of a football. No longer able to walk, he requested emergency room staff assist him in traveling the 10 feet from his car to the ER entrance. Hospital personnel promptly hung up on him after instructing him he would need to call 911 to assist him at his own expense. He was eventually helped into the emergency room by a Seattle fire captain as well as three firefighters.
Another notable incident occurred in New Mexico in 2014, when a veteran collapsed in the cafeteria of a VA facility and ultimately died when the VA refused to transport him 500 yards across the campus to the emergency room.
EMTALA is a Federal statute that supersedes State and local laws and grants every individual a Federal right to emergency care. It was enacted by Congress in 1986 and is designed to prevent hospitals from transferring, or dumping, uninsured or Medicaid patients to public hospitals. EMTALA requires a hospital to conduct a medical examination to determine if an emergency medical condition exists. If one does, then the hospital must either stabilize the patient or effectuate a proper transfer at the patient's request. Currently, the VA hospitals are considered to be nonparticipating hospitals and are therefore not obligated to fulfill the requirements instituted by EMTALA. This amendment will revise current law to remove the nonparticipating designation and require them to fulfill requirements of EMTALA, just as every other hospital does.
Mr. Chairman, it is actually the Veterans Health Administration's stated policy that all transfers in and out of VA facilities of patients in the emergency department or urgent care units are accomplished in a manner that ensures maximum patient safety and is in compliance with the transfer provisions of EMTALA and its implementing regulations.
However, unfortunately, this policy is not always followed, and occasionally locally designed transfer policies undermine efforts to provide emergency care to veterans. Additionally, in some of these instances there was clear confusion on the part of the VA facilities about their own transfer policies. This is why we must act now.
Mr. Chairman, I urge the House to support and pass my amendment to H.R. 5620. It is time we ensure our veterans receive proper medical care during emergency medical situations, all without requiring additional spending.
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Mr. NEWHOUSE. Mr. Chairman, I yield back the balance of my time.
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