This Act expands veterans' access to timely community care for mental health and substance-use treatment when the VA cannot provide it quickly enough, while also increasing transparency in community care metrics.
Steve Daines
Senator
MT
The Protecting Veteran Community Care Act aims to expand veterans' access to timely community care, particularly for mental health and substance-use services when the VA cannot provide them quickly. This legislation prevents the VA from using its own scheduling delays as a reason to deny veterans access to outside care options. Furthermore, the bill mandates increased transparency by requiring the VA to report detailed metrics on all community care requests and limits the VA's ability to unilaterally change community care access standards without Congressional approval.
The Protecting Veteran Community Care Act is a direct response to concerns that the VA has been quietly restricting veterans’ access to essential outside medical care, especially when it comes to mental health. This legislation aims to close loopholes and mandate transparency, ensuring that veterans who need immediate help don’t get stuck in bureaucratic limbo.
This bill directly addresses a critical failure point: timely mental health and substance-use residential treatment. Right now, if a veteran qualifies for admission to a VA residential program but there’s no space, they can be left waiting. This bill changes that. Under Section 3, if the VA can’t get a veteran into a residential treatment program within the same timeframe they use for other specialty care, the veteran automatically qualifies for community care outside the VA system. This is a game-changer for veterans in crisis, effectively putting a time limit on the VA’s ability to delay life-saving care. The VA Secretary has 90 days to update their access rules to ensure mental health standards are no tougher than those for physical specialty care.
To keep quality high, the outside facilities must be licensed and accredited by state-recognized bodies like the Joint Commission or CARF. However, the bill gives the VA director the power to waive these accreditation standards if there are absolutely no suitable options available, or if it’s clearly in the veteran’s best interest. While this waiver power adds necessary flexibility, it’s a provision that needs careful oversight to ensure veterans aren’t placed in substandard facilities.
Ever felt like your appointment was delayed, and then that delay somehow disqualified you from getting the service you needed? Section 4 takes aim at this exact problem within the VA system. If the VA is deciding whether a veteran qualifies for community care, they can no longer deny that care simply because the VA’s own facility or approved provider can’t meet the standard wait time goals. In plain English: the VA can’t use its own scheduling problems as an excuse to deny you outside care. Furthermore, if a veteran has multiple ways to get the care they need under the Community Care Program, the VA must let the veteran choose the option they prefer, reinforcing patient choice.
Transparency is a major theme here. Section 5 mandates that the VA start keeping a much more detailed scorecard on who is asking for community care and what happens next. When the VA submits its annual community care review, it must now include specific data points, broken down by approvals, denials, and appeals, including the final decision on those appeals. Crucially, the VA must specifically track requests for mental health services and emergency care authorizations. This means we will finally get the hard numbers on how often veterans are being told ‘no’ when they ask for outside help, and why. For oversight bodies and advocates, this detailed data is essential for holding the VA accountable.
Perhaps the most significant long-term protection is found in Section 6. This provision essentially puts a legislative speed bump in front of the VA Secretary. If the Secretary wants to change or tighten the rules regarding community care access standards—say, by making the wait times longer or the distance requirements shorter—that change cannot take effect until Congress passes a joint resolution specifically approving it. This prevents the VA from unilaterally making administrative changes that could quietly restrict veterans’ access to the community care network, ensuring that any future changes to veteran access must be debated publicly and approved by Congress.