Va Tele-Hearing Modernization Act

Floor Speech

BREAK IN TRANSCRIPT

Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4771) to amend title 38, United States Code, to permit appellants to appear in disability compensation cases before the Board of Veterans' Appeals by picture and voice transmission from locations other than facilities of the Department of Veterans Affairs, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 4771

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SHORT TITLE.

This Act may be cited as the ``VA Tele-Hearing Modernization Act''. SECTION 2. HEARINGS BEFORE THE BOARD OF VETERANS' APPEALS BY MEANS OF TELECONFERENCE FROM LOCATIONS OTHER THAN FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--Section 7107(c)(2) of title 38, United States Code, is amended--

(1) in subparagraph (A), by inserting ``or subparagraph (C) of this paragraph'' after ``subparagraph (B) of such paragraph'';

(2) in subparagraph (B), by inserting ``or subparagraph (C) of this paragraph'' after ``subparagraph (A) of such paragraph''; and

(3) by adding at the end the following new subparagraph (C):

``(C)(i) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1), the appellant may alternatively request a hearing by picture and voice transmission--

``(I) at a location selected by the appellant; and

``(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.

``(ii) If an appellant makes a request under clause (i), the Board shall grant such request.''.

(b) Deadline for Implementation.--The Secretary shall implement the amendments made by subsection (a) not later than 180 days after the date of the enactment of this Act.

(c) Reporting.--

(1) Annual reporting requirements.--Section 7101(d)(2) of such title is amended--

(A) in subparagraph (E), by striking ``; and'' and inserting a semicolon;

(B) in subparagraph (F), by striking the period at the ending and inserting ``; and''; and

(C) by adding at the end the following new subparagraph:

``(G) with respect to hearings scheduled under section 7107(c)(2)(C) of this title--

``(i) the number of hearings scheduled under such section;

``(ii) the number of hearings under such section that were cancelled; and

``(iii) any statistical difference in outcomes between cases heard under such section and those held at the principal location of the Board or by picture and voice transmission at a facility of the Department.''.

(2) One-time reporting requirements.--The first report required to be submitted under section 7101(d) of title 38, United States Code, shall include the following information with respect to hearings scheduled under subparagraph (C) of paragraph (2) of subsection (c) of section 7101 of such title, as added by subsection (a):

(A) An outline of the outreach the Secretary of Veterans Affairs plans to conduct to inform veterans, families of veterans, survivors of veterans, veterans service organizations, military service organizations, congressional caseworkers, advocates for veterans, and such other stakeholders as the Secretary considers appropriate about hearings scheduled under such subparagraph, including--

(i) a description of the resources required to conduct such outreach;

(ii) a timeline for conducting such outreach; and

(iii) information related to the advantages and potential technological challenges of conducting hearings under such subparagraph.

(B) A description of any modifications to the information technology systems of the Veterans Benefits Administration and the Board of Veterans' Appeals required to carry out hearings under such subparagraph, including cost estimates and a timeline for making such modifications.

(C) A detailed description of the intra-agency partnership between the Board of Veterans' Appeals and the telehealth program of the Veterans Health Administration as the Board conducts hearings under such subparagraph, including best practices, a risk assessment overview, risk mitigation efforts, and a plan for ongoing collaboration and information sharing.

(d) Collaboration.--In developing the capacity and procedures to conduct hearings under subparagraph (C) of paragraph (2) of subsection (c) of section 7101 of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.

BREAK IN TRANSCRIPT

Mr. TAKANO. 4771, as amended.

BREAK IN TRANSCRIPT

Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise in support of H.R. 4771, as amended, introduced by Mr. Cunningham. I support this legislation that creates an easy technological fix so veterans can quickly and conveniently attend their hearings before the Board of Veterans' Appeals.

Applying for disability compensation and benefits through VA can be a long and confusing ordeal, which is further complicated in the appeals process. Currently, veterans often face difficulties traveling to VA regional offices for their Board hearings, difficulties including long wait times, scheduling challenges, or simply the distance an elderly or disabled veteran may have to travel.

Madam Speaker, the VA Tele-Hearing Modernization Act permits veterans to provide testimony before a veterans law judge via video conference from a location outside of a VA facility. This means a veteran could testify in support of his or her claim from the comfort of their own home.

Now, VA told us this piece of legislation could have an especially positive impact on hearing access for homebound or rural veterans. This bill ensures veterans have the flexibility to appeal VA's decisions in a comfortable, accessible location without affecting the security of their personal information.

The tele-hearing program is modeled after the existing telehealth program at the Veterans Health Administration and will likely improve hearing attendance and help veterans receive their benefits. A tele- hearing pilot program conducted by the Board showed increased participation in hearings as well as increased efficiency and timeliness of requested hearings.

Under this bill, VA is required to provide annual reports to Congress with information about how often the tele-hearing option is used by veterans and whether those claimants are as likely to have their claims granted as veterans using the traditional hearing methods. This report allows Congress to ensure this program is working the way it should.

I thank Representative Cunningham for introducing this bill, and I support this legislation for the step it takes to simplify the appeals process for our veterans.

Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise today in support of H.R. 4771, as amended, the Department of Veterans Affairs Tele-Hearing Modernization Act. This bill would expand the Board of Veterans' Appeals hearing options to include tele-hearings.

I appreciate my colleagues, Chairman Isakson, Chairman Takano, and Ranking Member Tester, for working with me on this bill to ensure that the virtual hearing concept included in this bill represents the input of all four corners of Congress.

Madam Speaker, we all depend on and use our smartphones for just about everything we do these days. This legislation would allow veterans to use their personal device for a VA hearing.

I am happy that we are moving this legislation to make hearings more accessible to veterans, especially those in rural areas where I live or for whom travel might be physically challenging.

This bill was amended in committee to include additional reporting requirements that will help Congress monitor the implementation of this program. Specifically, the Board would be required to report on its outreach to veterans and stakeholders on the option for a tele-hearing, including the advantages and potential technological challenges of a tele-hearing, the IT modifications needed to conduct tele-hearings, and the partnership between the Board and the Veterans Health Administration, VHA, to share lessons learned from their respective programs since the tele-hearing program is modeled after the telehealth program that VA uses to increase access to care for veteran patients.

The amended bill would also require VA to collaborate with veteran service organizations and other stakeholders to ensure that those who represent veterans at these hearings will have input into how the program is developed so that it can best meet the needs of our veterans.

Madam Speaker, this bill has my full support, and I reserve the balance of my time.

BREAK IN TRANSCRIPT

Mr. TAKANO. Madam Speaker, I yield 4 minutes to the gentleman from South Carolina (Mr. Cunningham), my good friend, member of the Economic Opportunity Subcommittee, and author of H.R. 4771.

BREAK IN TRANSCRIPT

Mr. TAKANO. Madam Speaker, I thank the gentleman from South Carolina (Mr. Cunningham) for his hard work.

I have no further speakers, and I am prepared to close.

Mr. DAVID P. ROE of Tennessee. Madam Speaker, I have no further speakers. I also am prepared to close.

Madam Speaker, I encourage everyone to support this. This is obviously, in rural America, how we are going to have access to healthcare in the future. It absolutely makes sense. This technology is available to almost everyone.

It makes no sense to make an infirm veteran or other patients go miles and miles and hours. This just makes sense. We have the technology to do it today, and I strongly support this and encourage my colleagues to do the same.

Madam Speaker, I yield back the balance of my time.

BREAK IN TRANSCRIPT

Mr. TAKANO. Madam Speaker, I urge all of my colleagues to join me in passing this important piece of legislation, H.R. 4771, as amended, and I yield back the balance of my time.

BREAK IN TRANSCRIPT

Source