Consideration of telehealth in determining whether an appointment can be scheduled within the access standards of the Department of Veterans Affairs and limitation on availability of telehealth through community care

(a) In general Section 1703 of title 38, United States Code, is amended— (1) in subsection (d), by adding at the end the following new paragraph: (5) In determining under paragraph (1)(D) whether the Department is able to furnish care or services in a manner that complies with designated access standards under section 1703B of this title, for purposes of determining the availability of an appointment, a telehealth appointment shall be considered as an available appointment, subject to subsection (r), if the veteran accepts the use of telehealth or the only option for the appointment is via telehealth.; (2) by redesignating subsection (q) as subsection (r); and (3) by inserting after subsection (p) the following new subsection (q): (q) Availability of telehealth (1) If a covered veteran is authorized to receive care or services under this section, the covered veteran may only seek such care or services via telehealth if— (A) such care or services via telehealth are not available through the Department; (B) the wait time for such care or services via telehealth is longer through the Department than through a provider under this section; or (C) the veteran has already established related in-person care or services through a provider under this section. (2) When discussing options for care or services for a covered veteran under this section, the Secretary shall ensure that the veteran is informed of the ability of the veteran to seek care or services via telehealth, either through a medical facility of the Department or through a non-Department provider, if telehealth— (A) is available to the veteran; and (B) is appropriate for the type of care or services the veteran is seeking, as determined by the Secretary.. (b) Limitation on telehealth through community care providers When a veteran is authorized to seek care from a non-Department of Veterans Affairs provider under the laws administered by the Secretary of Veterans Affairs other than under section 1703 of title 38, United States Code, the veteran may only seek care via telehealth under such laws if— (1) such care via telehealth is not available through the Department; (2) the wait time for such care via telehealth is longer through the Department than through a community provider; or (3) the veteran has already established related in-person care through the community provider.