Standardized process to determine eligibility of covered veterans for participation in certain mental health treatment programs

(a) Standardized screening process Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a standardized screening process to determine, based on clinical need, whether a covered veteran satisfies criteria for priority or routine admission to a covered treatment program. (b) Eligibility criteria for priority admission (1) In general Under the standardized screening process required by subsection (a), a covered veteran shall be eligible for priority admission to a covered treatment program if the covered veteran meets criteria established by the Secretary that include any of the following: (A) Symptoms that— (i) significantly affect activities of daily life; and (ii) increase the risk of such veteran for adverse outcomes. (B) An unsafe living situation. (C) A high-risk flag for suicide. (D) A determination of being a high risk for suicide. (E) Risk factors for overdose. (F) Non-responsive, relapsed, or unable to find recovery from one other course of treatment, such as outpatient or intensive outpatient treatment. (G) Such other criteria as the Secretary determines appropriate. (2) Consideration In making a determination that a covered veteran meets criteria established by the Secretary under paragraph (1) for priority admission to a covered treatment program, the Secretary shall consider any referral of a health care provider of a covered veteran. (c) Time for screening and admission Under the standardized screening process required by subsection (a), the Secretary shall ensure a covered veteran— (1) is screened not later than 48 hours after the date on which the covered veteran, or a relevant health care provider, makes a request for the covered veteran to be admitted to a covered treatment program; (2) if determined eligible for priority admission to a covered treatment program, is admitted to such covered treatment program not later than 48 hours after the date of such determination; and (3) is screened at an appropriate time for potential mild, moderate, or severe traumatic brain injury. (d) Considerations In making placement decisions in a covered treatment program for veterans who meet criteria for priority admission, the Secretary shall— (1) consider the input of the covered veteran with respect to the— (A) program specialty, subtype, and treatment track offered to the covered veteran; and (B) geographic placement of the covered veteran; and (2) maximize the proximity of the covered veteran to social support systems. (e) Conditions under which care shall be furnished through non-Department providers (1) Priority admission If the Secretary determines a covered veteran is eligible for priority admission to a covered treatment program pursuant to the standardized screening process required by subsection (a) and the Secretary is unable to admit such covered veteran to a covered treatment program at a facility of the Department of Veterans Affairs in a manner that complies with the requirements under subsections (c) and (d), the Secretary shall offer the covered veteran the option to receive care at a non-Department facility that— (A) can admit the covered veteran within the period required by subsection (c); (B) is party to a contract or agreement with the Department or enters into such a contract or agreement under which the Department furnishes a program that is equivalent to a covered treatment program to a veteran through such non-Department facility; (C) is licensed by a State; and (D) is accredited by the Commission on Accreditation of Rehabilitation Facilities or the Joint Commission. (2) Routine admission If the Secretary determines a covered veteran is eligible for routine admission to a covered treatment program pursuant to the standardized screening process required by subsection (a) and the Secretary is unable to admit such covered veteran to a covered treatment program at a facility of the Department of Veterans Affairs in a manner that complies with the access standards for mental health care established pursuant to section 1703B of title 38, United States Code, the Secretary shall offer the covered veteran the option to receive care at a non-Department facility that— (A) is party to a contract or agreement with the Department or enters into such a contract or agreement under which the Department furnishes a program that is equivalent to a covered treatment program to a veteran through such non-Department facility; (B) is licensed by a State; and (C) is accredited by the Commission on Accreditation of Rehabilitation Facilities or the Joint Commission. (3) Rule of construction This subsection shall not be construed to affect a covered veteran in a covered treatment program pursuant to a determination made on or before the date of the enactment of this Act.