Expansion of Veterans Community Care Program to include access to mental health or substance-use services for veterans unable to timely access Mental Health Residential Treatment Programs

(a) In general Section 1703 of title 38, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1) (i) in subparagraph (D), by striking; or and inserting a semicolon; (ii) in subparagraph (E), by striking the period at the end and inserting; or; and (iii) by adding at the end the following new subparagraph: (F) in the case of residential mental health or substance-use services, the covered veteran— (i) meets the criteria of the Department for priority admission to a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is unable to accommodate such priority admission; or (ii) has contacted the Department to request such services from a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is not able to furnish such services in a manner than complies with the access standards of the Department for specialty care provided under this section by a health care provider specified in subsection (c).; and (B) by adding at the end the following new paragraph (5): (5) In the case of a covered veteran entitled to mental health or substance-use services under paragraph (1)(F), the Secretary shall ensure that referral of a veteran to an alternate Mental Health Residential Rehabilitation Treatment Program of the Department does not take precedence over timely access to such services under this section pursuant to such paragraph unless such referral is requested by the covered veteran.; (2) by redesignating subsection (q) as subsection (r); and (3) by inserting after subsection (p) the following new subsection (q): (q) Minimum standards for residential mental health or substance-Use services (1) Subject to paragraph (2), in furnishing residential mental health or substance-use services to covered veterans pursuant to subsection (d)(1)(F), the Secretary shall ensure that programs or facilities providing such services under this section meet the following standards: (A) A treatment program or facility must be licensed and accredited by a State for the provision of the services provided. (B) A treatment program must be accredited under either the Joint Commission Behavioral Health Standards or the Behavioral Health Standards manual (residential treatment) of the Commission on Accreditation of Rehabilitation Facilities, or any successor standards or manual. (2) If a program or facility to which a covered veteran is to be referred pursuant to subsection (d)(1)(F) does not meet the standards specified under paragraph (1), the Secretary, acting through the director of the facility of the Department carrying out the referral— (A) shall consider an alternate program or facility; and (B) may waive such standards on an individual basis if no other alternate program or facility is available or such waiver is in the best interest of the veteran.. (b) Modification of access standards Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop or amend existing access standards of the Department of Veterans Affairs to ensure that access to mental health care under the Veterans Community Care Program under section 1703 of title 38, United States Code, as amended by subsection (a), is not more restrictive than the access standards for specialty care under such section.