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1976/09/28 HR3348 VA Exchange of Medical Information Program
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1976/09/28 HR3348 VA Exchange of Medical Information Program
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The original documents are located in Box 57, folder "9/28/76 HR3348 VA Exchange of Medical Information Program" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. 89/28/16 APPROVED ACTION THE WHITE HOUSE Last Day: September 29 WASHINGTON MEMORANDUM FOR THE PRESIDENT Posted FROM: JIM CANNON 9/29/76 SUBJECT: H.R. 3348 - VA Exchange of Medical Information Program archives 19/29/76 Attached for your consideration is H.R. 3348, sponsored by Representative Satterfield. The enrolled bill extends through fiscal year 1979, and increases, the authorization for the program of exchange of medical information between the Veterans Administration and the medical community. The appropriation authorization for this program expired on June 30, 1975. A discussion of the provisions of the enrolled bill is provided in OMB's bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 3348 at Tab B. Digitized from Box 57 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library OF THE RESIDENT EXECUTIVE OFFICE OF THE PRESIDENT CHECK OFFICE OF MANAGEMENT AND BUDGET STATES WASHINGTON, D.C. 20503 SEP 23 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 3348 - VA Exchange of Medical Information Program Sponsor - Rep. Satterfield (D) Virginia Last Day for Action September 29, 1976 - Wednesday Purpose Extends through fiscal year 1979, and increases, the authorization for the program of exchange of medical information between the Veterans Administration (VA) and the medical community. Agency Recommendations Office of Management and Budget Approval Veterans Administration Approval Discussion H.R. 3348 would extend through fiscal year 1979 VA's Exchange of Medical Information (EMI) program which authorizes VA to enter into agreements with medical schools, hospitals, medical centers and individual members of the medical profession for the mutual exchange of medical information. The appropriation authorization for this program expired on June 30, 1975. The EMI program, originally enacted in 1966, was intended to authorize grants and pilot projects for the sharing of modern medical facilities, equipment and information, particularly where VA hospitals had no regular affiliation with medical schools or were otherwise unable to take advantage of the latest medical technology 2 because of outlying location, small size or lack of resources. According to VA, all of its 171 hospitals have participated in the program, either as "core" institutions from which new medical information and technology has been transmitted to outlying hospitals and other medical institutions, or as recipients of this information. In April 1975, the VA submitted draft legislation to the Congress to extend the EMI program for one fiscal year at a level of $3.5 million. The purpose of the single- year extension was to allow VA to evaluate the program's accomplishments and to determine whether the program should be extended further, modified or terminated. Congress failed to act on the extension legislation, but has continued funding the program; the VA appropriation bill for fiscal year 1977 includes $3.5 million for this purpose. H.R. 3348 would authorize appropriations of $4.0 million annually for fiscal years 1977 through 1979, and would also provide that fees collected by VA for furnishing medical information to the medical community be credited to the applicable VA appropriation instead of being deposited directly to the Treasury as miscellaneous receipts as under current law. While we believe generally that crediting receipts to the Treasury is the better fiscal practice, we have no serious objections to this provision. VA is currently conducting an evaluation of the EMI program which is scheduled for completion later this fall. We intend to use the results of this evaluation and the fall budget process to determine an appropriate level of funding for the EMI program for, fiscal year 1978 and future years. Paul H. O'Neill Ohein Acting Director Enclosures EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF MANAGEMENT AND BUDGET STATEMENT STATE WASHINGTON, D.C. 20503 SEP 23 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 3348 - VA Exchange of Medical Information Program Sponsor - Rep. Satterfield (D) Virginia Last Day for Action September 29, 1976 - Wednesday Purpose Extends through fiscal year 1979, and increases, the authorization for the program of exchange of medical information between the Veterans Administration (VA) and the medical community. Agency Recommendations Office of Management and Budget Approval Veterans Administration Approval Discussion H.R. 3348 would extend through fiscal year 1979 VA's Exchange of Medical Information (EMI) program which authorizes VA to enter into agreements with medical schools, hospitals, medical centers and individual members of the medical profession for the mutual exchange of medical information. The appropriation authorization for this program expired on June 30, 1975. The EMI program, originally enacted in 1966, was intended to authorize grants and pilot projects for the sharing of modern medical facilities, equipment and information, particularly where VA hospitals had no regular affiliation with medical schools or were otherwise unable to take advantage of the latest medical technology THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: September 23 600pm FOR ACTION: David Lissyo on CC (for information): Jack Marsh Max Friedersdorf on Jim Connor Bobbie Kilberg on Ed Schmults FROM THE STAFF SECRETARY DUE: Date: September 24 Time: 500pm SUBJECT: H.R. 3348-VA Exchange of Medical Information Program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President REVOLUTION VETERANS ADMINISTRATION ATION OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS AMERICAN BICENTENNIAL WASHINGTON, D.C. 20420 1776-1976 © 1930 September 21, 1976 The Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This will respond to your request for the views and recommendations of the Veterans Administration on the enrolled enactment of H.R. 3348, 94th Congress, a bill "To amend title 38, United States Code, in order to extend and improve the program of exchange of medical information be- tween the Veterans' Administration and the medical community, and for other purposes.' The subject bill would amend title 38, United States Code, section 5055 (c), to provide for continuation of funding for the exchange of medical information program through fis- cal year 1979. The program was authorized by Public Law 89-785, which authorized funding through fiscal year 1971, and extended by Public Law 92-69, which authorized its con- tinuing support through fiscal year 1975. The following sums would be authorized: $3.5 million for fiscal year 1976; $1.7 million for the period beginning July 1, 1976, and ending September 30, 1976; $4 million for each fiscal year 1977 through 1979. Moreover, the subject bill would also amend section 5054 (b) of title 38, to require that any proceeds to the Government received for providing medical information to the medical community under this program be credited to the appli- cable Veterans Administration medical appropriation. Under current law, the VA is authorized to charge a fair and equi- table fee for providing medical information to the medical community. In each instance, however, the monies received for such services go directly to the Treasury as miscella- neous receipts since in the enactment of the program, language was inadvertently omitted which would have provided that receipts go back into the appropriation from which the program was funded. The bill also provides that any funds appropriated to the Veterans Administration remain available until ex- pended to the extent provided in title 38 or an Appropriations act. Currently, there is no substantive law in title 38 authorizing the continued availability of appropriated funds. Enactment of this legislation would prevent a proposed VA appropriation bill from being subject to a point of order. No cost is involved in the enactment of this provision. The exchange of medical information program has enabled the VA to harness technological advances in commu- nications to the educational process and thus to engage in, and support, innovative pilot projects which have as their objective the strengthening of those Veterans Administration hospitals located remote from medical centers. The program has helped attract and retain highly trained and qualified members of the medical profession at such hospitals. It has aided in achieving the ultimate purpose of making avail- able the best and most up-to-date medical care for the vet- eran patients at VA hospitals remote from medical teaching centers. Exchange of medical information projects have been conducted involving all VA hospitals. These hospitals are either "core" institutions from which information flows to outlying hospitals or are recipients of this information. In every instance, the programs are designed as instruments for the improvement of the delivery and the quality of health care at peripheral locations. Grants authorized under this program are provided to medical schools, hospitals, and research centers, while the pilot programs not funded by grants are conducted at VA 2. hospitals. These activities vary in concept, scope, and content although each has as its objectives the investiga- tion, development, and implementation of innovative programs in exchange of medical information. We favor the provisions of the enrolled enactment. Therefore, I recommend that the President approve H.R. 3348. Sincerely Associate Deputy Administrator Address - in the absence off RICHARD L. ROUDEBUSH Administrator 3. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: September 23 Time: 600pm FOR ACTION: David Lissy CC (for information): Jack Marsh Max Friedersdorf Jim Connor Bobbie Kilberg Ed Schmults FROM THE STAFF SECRETARY DUE: Date: September 24 Time: 500pm SUBJECT: H.R. 3348-VA Exchange of Medical Information Program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Recommend 9.24 approval and PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please the Ct-ff Secretary immediately James M. Cannon THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: September 23 Time: 600pm FOR ACTION: David Lissy cc (for information): Jack Marsh Max Friedersdorf Jim Connor Bobbie Kilberg Ed Schmults FROM THE STAFF SECRETARY DUE: Date: September 24 Time: 500pm SUBJECT: H.R. 3348-VA Exchange of Medical Information Program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: approve fillay 9/24/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please 11. immediately James M. Cannon THE WHITE HOUSE WASHINGTON September 24, 1976 MEMORANDUM FOR: JIM CAVANAUGH FROM: MAX L. FRIEDERSDORF m.f. 6. SUBJECT: HR 3348 - VA Exchange of Medical Information Program The Office of Legislative Affairs concurs with the agencies that the subject bill be signed. Attachments 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-286 EXTEND THE AUTHORITY OF THE ADMINISTRATOR OF VETERANS' AFFAIRS TO ESTABLISH AND CARRY OUT A PROGRAM OF EX- CHANGE OF MEDICAL INFORMATION JUNE 12, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ROBERTS, from the Committee on Veterans' Affairs, submitted the following REPORT [To accompany H.R. 3348] The Committee on Veterans' Affairs, to whom was referred the bill (H.R. 3348) to amend title 38, United States Code, in order to extend and improve the program of exchange of medical information between the Veterans' Administration and the medical community, and for other purposes, having considered the same by unanimous voice vote, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 2, line 6, strike out "$4,500,000" and insert "$4,000,000". Page 2, line 6, strike out "$5,000,000" and insert "$4,000,000". INTRODUCTION Recognizing that modern technology can contribute greatly in bringing the latest medical information to locations remote from medi- cal teaching centers, Congress enacted Public Law 89-785 on Novem- ber 7, 1966, Section 5055 (c) (1) of the enabling legislation author- ized funding of the Exchange of Medical Information Program through fiscal year 1971. On August 6, 1971, the President signed legislation (Public Law 92-69) which authorized its continued sup- port through fiscal year 1975. The legislation provided authority for the Veterans' Administration to engage in and support pilot projects which have as their objectives the strengthening of those Veterans' Administration hospitals located remote from medical teaching cen- ters, as well as fostering the widest cooperation and consultation among all members of the medical profession, whether within or out- side of the Veterans' Administration. Initial funding for the program was provided in fiscal year 1968 at a level of $942,000 for the first year of operation. The support of 38-006 3 2 in fiscal years 1970, 1971, and 1972. In fiscal year 1973, support of the the program increased to $974,000 in fiscal year 1969 and to $2 million 1970-1975 Center for Continuing Health Education (Mountain States). 1970-1975 Collaborative Dental Program. 1970-1975 Instructional Resources Center (VAH Chicago WS) been million was authorized for each year. The funds provided 1975, have $3 program was increased to $2,500,000. In fiscal years 1974 and 1970-1972 Utilization of New Health Auxiliaries for Health Delivery Systems. 1970-1971 Demonstration Project for Educationally Focused Field Experience established, rapidly make contributions in increased measure once to fully expended and well invested in pilot programs which, Units in Social Work. 1970-1971 Educational Film on Holography. patient care. 1970-1971 Radiology Assistant Training Project. 1970-1971 Physicians, Dentists, and Nurses Project in Advanced Clinical REVIEW OF THE PROGRAM Education. 1970 Education Telephone/Radio Conference at Remote Hospitals. system 171 hospitals and more than 200 outpatient clinics is The Veterans' of Administration's unparalleled health care delivery 1970 Open Broadcast of Videotapes (Sheridan, Wyoming). 1971-1975 Dial Access for Physicians and Nurses. 1971-1972 Medical Information System via Telephone in Alabama. established nationwide resource as well as integral part of the an 1972-1975 Nuclear Medicine Network in Missouri and Illinois. the munity health care delivery system in each population center in which com- 1972-1975 Endoscopy in Television (VAH Lake City) this Veterans' Administration has a medical facility. The operation of 1972-1974 Self-Pacing Instructions for Nursing Assistants. vast to system carries with it a mandate to provide the best possible 1973-1975 Applications Technology Satellite-6. 1973-1975 Regionalized Computerized Consultation Fluid and Electrolytes. care every individual who comes to a Veterans' Administration 1973-1975 Veterans Educational Training and Extramural Regional Audio- facility regardless of its location. This means that the visual Network (in Missouri and Illinois). to constantly look to the latest scientific and technological developments agency must 1974-1975 Interactive Telecommunications System for Central Maine. medical determine care. what impact each may have on the delivery of quality 1974-1975 Tel-Communicology in Alabama (for Patients with Communicative Disorders) now it is technologically possible for all physicians and other SO health that The barriers of time and distance have largely disappeared The EMI Program will conclude its 8th year of operation in fiscal year 1975. During fiscal year 1974, 18 pilot projects were conducted professional milieu. care professionals throughout the United States to operate in one involving all VA hospitals either as "core" hospitals from which in- formation flowed to outlying institutions or as recipients of informa- For example, the day is approaching when physicians in the tion. In every instance the projects were designed as instruments for mote parts of our country have immediately available to them the most re- the improvement of the delivery and quality of patient care at the in- that teaching centers. The technology to do this is available. colleagues in medical consultants and other professional resources as do their same volved VA hospitals. The activities vary in concept, scope, and con- tent, although each has as its objective the investigation, development, and in remains is to harness it to our needs in ways that are cost All and implementation of innovative programs in exchange of medical other Program (EMI) is the vehicle through which this Medical Information the best interests of the patient. The Exchange of effective information. The following are typical of the pilot projects conducted under this program. Since advances its in bio-medical communications are being and (1) Participation in a series of biomedical communication experi- Program centers and through grants to medical schools, hospitals, and research EMI variety innovative activities have been supported under covering the a of inception in fiscal year 1968, over 50 projects accomplished. ments via a satellite which was launched in April 1974 by the National Aeronautics and Space Administration. This satellite, known as Ap- plications Technology Satellite-F (ATS-F), provides a unique oppor- via direct funding to VA hospitals. tunity for the VA to explore new modalities of information exchange involving ten VA hospitals located in the Appalachian region of the MAJOR PROJECTS United States. ATS-F is an attempt to broaden, through experimen- 1968-1975 VA/Nebraska CCTV network. 1968-1975 Single Concept Films in Dentistry. tation, the scope of health services through long distance, simultane- 1968-1975 Muskogee, Program Okla. of Educational Assistance and Enrichment at VAH ous, low-cost, interactive transmission of consultations and pertinent clinical and educational materials. The Veterans Administration, with 1968-1971 1968-1974 Videotape Guest Lecture Program (Medical Media its nationwide hospital system, is the agency which stands to benefit University. Instructional Television Fixed Service, VAH Network). Durham-Duke most from development of effective delivery of medical information 1968-1969 Information. National Distribution System for Dissemination of Medical via satellite and concomitantly, it is the Veterans Administration which can most effectively demonstrate the efficacy of satellite-con- 1969-1975 eral Hospital). Telemedicine/Teleconsultation (VAH Bedford-Massachusetts Gen- ducted experiments in medical communications. 1969-1970 1969-1970 Physicians-in-Residence. Manpower Research and Curriculum Building in Social Work. (2) Establishment of a pilot Nuclear Medicine Network consisting of the four VA institutions in eastern Missouri and southern Illinois. 1969 1969-1970 Special Self-administered, Comprehensive Examination in The participating hospitals are Marion, Ill.; Poplar Bluff, Mo.; St. Speech Pathology). Training and Information Gathering Equipment Gastroenterology. (Audiology and Louis (John Cochran Division), Mo.; and St. Louis (Jefferson Bar- 1969 State-wide Tumor Registry for Alabama. 1969 Conversion of Videotaped Courses in Physical Medicine. racks Division), Mo. This is a patient care oriented project which will, when fully operational, investigate the feasibility of utilizing a geo- H.R. 286 H.R. 286 4 5 graphic electronic network to provide diagnostic nuclear medicine services. The major impediment to the establishment of nuclear medi- cine services in outlying hospitals has been the lack of trained pro- practice in underserved areas of low population density. Involved is a fessional and technical nuclear medicine personnel in these institu- consortium of five hospitals, including the VA facility at Togus, Maine. tions. The Nuclear Medicine Network is a plan to provide the highest level of nuclear medicine services through the use of computer com- Center for Continuing Health Education. Development of coordi- nated educational program fulfilling a variety of needs at eight VA munications technology and without the need for a professional spe- hospitals in Colorado, Wyoming, Montana, Idaho, and Nevada. cialist in residence at the remote hospitals. These services include dy- Regional Computerized Consultation: Fluid and Electrolytes. Ex- namic and static imaging, in vitro procedures, and in vivo function tension of immediate clinical consultation to VA hospitals remote from and volume measurements. All the major items of nuclear medicine urban medical centers. equipment have been installed. The procurement of the computer Dial Access for Physicians and Nurses. Over 400 lectures for physi- equipment is in process and various necessary instructional materials cians and nurses available nationally by dialing a single number. have been prepared SO as to ensure effective utilization of the Nuclear Endoscopy in Television. Utilization of closed circuit television for Medicine Network. visualization and documentation of endoscopic findings developed at (3) Development of a Center for Continuing Health Education VAH Lake City, Florida. (CCHE) in the Rocky Mountain Region through a grant with the VA/Nebraska Television Network. Two-way closed circuit tele- University of Utah Medical Center. Initially the VA Hospitals at vision system between University of Nebraska Medical Center, Uni- Boise, Idaho; Fort Harrison, Mont.; Grand Junction, Colo-; Reno, versity of Nebraska College of Dentistry, Creighton University School Nev.; Salt Lake City, Utah; and Sheridan, Wyo., were included in of Medicine, and VAH's Omaha, Lincoln, and Grand Island. the project. During fiscal year 1973, the VA Hospitals at Cheyenne, State-wide Tumor Registry. Establishment of automated, computer- Wyo.; Fort Lyon, Colo.; and Miles City, Mont., became active partici- ized state-wide tumor registry in Alabama encompassing University pants in the network. The major purpose of this project is to create of Alabama Medical Center and the four VA hospitals in Alabama. an environment conducive to the delivery of the best possible patient Telemedicine/Teleconsultation. Closed circuit television system be- care at the participating hospitals by fostering educational programs tween VAH Bedford, Massachusetts and Massachusetts General Hos- which meet the hospitals' needs. In keeping with the intent of the pital used for therapy and consultation. Exchange of Medical Information legislation, development of the The Exchange of Medical Information Program and the concept of CCHE is also directed toward improvement in the quality of patient regionalization, as it is being applied in the Department of Medicine care delivered to all residents of each community in which the par- and Surgery, seeks the common goal of enabling every VA hospital ticipating VA hospitals are located. The impact of the CCHE ac- to offer the advantages of the latest developments in medical care to tivities on patient care in the isolate locales of the participating hos- its patients. To further carry out the intent of the enabling legislation. pitals is demonstrable. During fiscal year 1973 high priority was Exchange of Medical Information activities are being made available given to programs that represent continuing needs, were hospital to health professions in 97 communities surrounding VA hospitals. based, and were considered most likely to influence day-to-day patient care. EXPLANATION OF THE BILL (4) In fiscal year 1973 a project was approved and initiated under the rubric, the Veterans Educational Training and Extramural Re- The Committee believes that the exchange of medical information gional Audiovisual Network (VETERAN). This is a conceptual program continues to be highly beneficial to the Agency's hospitals merger of the Exchange of Medical Information Program and the and to the surrounding medical and scientific communities. Although regionalization policy of the Agency. When fully developed it will the Agency has recommended a 1-year extension of the program, the provide for access and exchange of medical information via television Committee is of the opinion that there is adequate justification for between the VA Hospitals in St. Louis, Mo.; Poplar Bluff, Mo.; and extending this authority for four additional years. Marion. III., as well as with the medical schools and other major The bill also provides that any proceeds to the Government received health care delivery facilities in the St. Louis area. Thus, it will serve under the program shall be credited to the applicable Veterans Admin- to bring those VA hospitals which are in the district, but remote istration medical appropriation. Under current law, the VA is author- from urban medical centers. within one orbit educationally and clini- ized to charge a fair and equitable fee for providing medical informa- cally bv facilitating cost effective exchange of medical information. tion to the medical community under the program. In each instance, It will also provide the opportunity for close cooperation between however, the monies received for such services go directly to the Treas- the VA medical programs and other public and private health care ury as miscellaneous receipts. delivery agencies in the region. COST Other notable examples of EMI projects include: Interactive Telecommunications System for Central Maine. The The bill would authorize an appropriation of $3,500,000 for fiscal project is designed to train family practice physicians who live and year 1976; $1,700,000 for the period beginning July 1, 1976 and ending September 30, 1976; $4 million for fiscal year 1977 $4 million for fiscal year 1978, and $4 million for fiscal year 1979. As introduced, H.R. 3348 H.R. 286 H.R. 286 6 7 would have authorized $4,500,000 for fiscal year 1978 and $5 million for fiscal year 1979. It was the feeling of the Committee that the authoriza- and $1,700,000 for the period beginning July 1, 1976, and ending tion should not exceed $4 million. September 30, 1976. The reason for providing $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976, is that Title V REQUIREMENTS OF CLAUSES (1) (3) AND 2(1) (4) OF RULE XI of Public Law 93-344 prescribes an October 1-September 30 fiscal year, effective with fiscal year 1977. In compliance with clauses 2(1) (3) and 2(1) (4) of Rule XI of the The exchange of medical information program has enabled the VA made: Rules of the House of Representatives, the following statements are to harness technological advances in communications to the educa- tional process and thus to engage in, and support, innovative pilot With regard to subdivision (A) of clause 3 (relating to oversight projects which have as their objective the strengthening of those Vet- findings), the Committee, in its review of the Exchange of Medical erans' Administration hospitals not affiliated with medical schools or Information Program believes the program continues to be highly those located remote from medical centers. The program has helped beneficial to the Veterans Administration's hospitals and to the sur- attract and retain highly trained and qualified members of the medical rounding medical and scientific communities, especially those in remote profession at such hospitals. It has aided in achieving the ultimate areas. purpose of making available the best and most up-to-date medical care With respect to subdivision (C) of clause 3, no cost estimate or com- for the veteran patients at VA hospitals not affiliated with medical parison has been submitted by the Congressional Budget Office relative schools. to the provisions of H.R. 3348. Exchange of medical information projects have been conducted in- In regard to subdivision (D) of clause 3, no oversight findings have volving all VA hospitals. These hospitals are either "core" institu- been submitted to the Committee by the Committee on Government tions from which information flows to outlying hospitals or are Operations. recipients of this information. In every instance, the programs are de- With respect to clause (1) (4), relating to the inflationary impact of signed as instruments for the improvement of the delivery and the the reported bill, the Committee is of the opinion the funds authorized quality of health care at peripheral locations. Exchange of medical to be appropriated are not inflationary. The $3,500,000 authorized for information activities is also being made available to health profes- fiscal year 1976 is only $500,000 more than the amount obligated for sionals in communities surrounding VA hospitals. This is of par- fiscal year 1975. It is felt the modest increases authorized for fiscal year ticular benefit to those members of medical communities located re- 1977, 1978 and 1979 would have no appreciable impact on the economy. mote from medical teaching centers. Grants authorized under this program are provided to medical AGENCY REPORT schools, hospitals, and research centers, while the pilot programs not funded by grants are conducted at VA hospitals. These activities vary The Veterans Administration transmitted a draft bill to the Con- in concept, scope, and content although each has as its objectives the gress on April 15, 1975. The Agency's comments and the draft bill follow: investigation, development, and implementation of innovative pro- grams in exchange of medical information. They cover a wide spec- VETERANS' ADMINISTRATION, trum of activity. Funds provided for the program have been fully OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, expended and well invested in pilot programs which, once established, Washington, D.C., pril 15, 1975. rapidly make contributions in increased measure to patient care. Hon. CARL ALBERT, We are advised by the Office of Management and Budget that there Speaker of the House of Representatives, Washington, D.C. is no objection to the presentation of this draft bill to the Congress from the standpoint of the Administration's program. DEAR MR. SPEAKER: There is transmitted herewith a draft bill "To Sincerely, amend title 38, United States Code, in order to extend and improve RICHARD L. ROUDEBUSH, the program of exchange of medical information between the Veter- Administrator. ans' Administration and the medical community, and for other pur- Enclosure. poses", with the request that it be introduced and considered for enactment. [94th Cong., 1st sess.] The subject bill would amend title 38, United States Code, section A BILL To amend title 38, United States Code, in order to extend and improve 5055 (c), to provide for continuation of funding for the exchange of the program of exchange of medical information between the Veterans' Admin- istration and the medical community, and for other purposes medical information program through September 30, 1976. The pro- gram was authorized by Public Law 89-785, which authorized fund- Be it enacted by the Senate and House of Representatives of the ing through fiscal year 1971, and extended by Public Law 92-69, United States of America in Congress assembled, That subsection which authorized its continuing support through fiscal year 1975. The (c) (1) of section 5055 of title 38, United States Code, is amended by following sums would be authorized $3,500,000 for fiscal year 1976; striking out "$3 million for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975," H.R. 286 H.R. 286 9 8 sultation among all members of the medical profession in such com- and inserting in lieu thereof "$3,500,000 for fiscal year 1976, and munity, the educational facilities and programs established at Vet- $1,700,000 for the period beginning July 1, 1976, and ending Septem- erans' Administration hospitals and the electronic link to medical ber 30, 1976,". centers shall be made available for use by surrounding medical commu- nity. The Administrator may charge a fee for such services (on an- CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED nual or like basis) at rates which he determines, after appropriate study, to be fair and equitable. The financial status of any user of In compliance with clause 3 of Rule XIII of the Rules of the House such services shall be taken into consideration by the Administrator in of Representatives, changes in existing law made by the bill, H.R. establishing the amount of the fee to be paid. Any proceeds to the Gov- 3348, as reported, are shown as follows (existing law proposed to be ernment received therefrom shall be credited to the applicable Vet- omitted is enclosed in black brackets, new matter is printed in italics, erans' Administration medical appropriation. existing law in which no change is proposed is shown in roman) § 5055. Pilot programs; grants to medical schools TITLE 38, UNITED STATES CODE (a) The Administrator may establish an Advisory Subcommittee on Programs for Exchange of Medical Information, of the Special * Medical Advisory Group, established under section 4112 of this title, to advise him on matters regarding the administration of this section PART VI-ACQUISITION AND DISPOSITION OF and to coordinate these functions with other research and education PROPERTY programs in the Department of Medicine and Surgery. The Assistant Chief Medical Director for Research and Education in Medicine shall be an ex officio member of this Subcommittee. (b) The Administrator, upon the recommendation of the subcom- CHAPTER 81-ACQUISITION AND OPERATION OF HOS- mittee, is authorized to make grants to medical schools, hospitals, and PITAL AND DOMICILIARY FACILITIES; PROCURE- research centers to assist such medical schools, hospitals, and research centers in planning and carrying out agreements authorized by section MENT AND SUPPLY 5054 of this title. Such grants may be used for the employment of personnel, the construction of facilities, the purchasing of equipment * when necessary to implement such programs, and for such other pur- Subchapter IV-Sharing of Medical Facilities, Equipment, and poses as will facilitate the administration of this section. (c) (1) There is hereby authorized to be appropriated an amount Information not to exceed [$3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975,] $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning § 5054. Exchange of medical information July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year (a) The Administrator is authorized to enter into agreements with 1979, for the purpose of developing and carrying out medical infor- medical schools, hospitals, research centers, and individual members mation programs under this section on a pilot program basis and for of the medical profession under which medical information and tech- the grants authority in subsection (b) of this section. Pilot programs niques will be freely exchanged and the medical information services authorized by this subsection shall be carried out at Veterans' Admin- of all parties to the agreement will be available for use by any party to istration hospitals in geographically dispersed areas of the United the agreement under conditions specified in the agreement. In carry- States. ing out the purposes of this section, the Administrator shall utilize (2) Funds authorized under this section shall not be available to recent developments in electronic equipment to provide a close educa- pay the cost of hospital, medical, or other care of patients except to tional, scientific, and professional link between Veterans' Administra- the extent that such cost is determined by the Administrator to be tion hospitals and major medical centers. Such agreements shall be incident to research, training, or demonstration activities carried out utilized by the Administrator to the maximum extent practicable to under this section. create, at each Veterans' Administration hospital which is a part of (d) The Administrator, after consultation with the subcommittee any such agreement, an environment of academic medicine which will shall prescribe regulations covering the terms and conditions for mak- help such hospital attract and retain highly trained and qualified mem- ing grants under this section. bers of the medical profession. (e) Each recipient of a grant under this section shall keep such (b) In order to bring about utilization of all medical information records as the Administrator may prescribe, including records which in the surrounding medical community, particularly in remote areas, fully disclose the amount and disposition by such recipient of the and to foster and encourage the widest possible cooperation and con- H.R. 286 H.R. 286 10 proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. (f) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, docu- ments, papers, and records of the recipient of any grant under this section which are pertinent to any such grant. * * * * * * H.R. 286 Calendar No. 847 94TH CONGRESS 2d Session } { REPORT SENATE No. 94-891 EXTENDING AND IMPROVING THE PROGRAM OF EXCHANGE OF MEDICAL INFORMATION BETWEEN THE VETERANS' ADMINISTRATION AND THE MEDICAL COMMUNITY REPORT OF THE COMMITTEE ON VETERANS' AFFAIRS UNITED STATES SENATE TO ACCOMPANY H.R. 3348 MAY 14, 1976.-Ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 57-010 WASHINGTON : 1976 Calendar No. 847 94TH CONGRESS i SENATE REPORT 2d Session No. 94-891 EXTENDING AND IMPROVING THE PROGRAM OF EXCHANGE OF MEDICAL INFORMATION BETWEEN THE VETERANS' ADMINISTRA- TION AND THE MEDICAL COMMUNITY COMMITTEE ON VETERANS' AFFAIRS VANCE HARTKE, Indiana, Chairman HERMAN E. TALMADGE, Georgia CLIFFORD P. HANSEN, Wyoming JENNINGS RANDOLPH, West Virginia STROM THURMOND, South Carolina ALAN CRANSTON, California ROBERT T. STAFFORD, Vermont MAY 14, 1976.-Ordered to be printed RICHARD (DICK) STONE, Florida JOHN A. DURKIN, New Hampshire FRANK J. BRIZZI, Staff Director Guy H. MCMICHAEL III, General Counsel Mr. CRANSTON (for Mr. HARTKE), from the Committee on Veterans' Affairs, submitted the following SUBCOMMITTEE ON HEALTH AND HOSPITALS REPORT ALAN CRANSTON, California, Chairman JENNINGS RANDOLPH, West Virginia STROM THURMOND, South Carolina RICHARD (DICK) STONE, Florida CLIFFORD P. HANSEN, Wyoming [To accompany H.R. 3348] JOHN A. DURKIN, New Hampshire (II) The Committee on Veterans' Affairs, to which was referred the bill (H.R. 3348) to amend title 38, United States Code, in order to extend and improve the program of exchange of medical information between the Veterans' Administration and the medical community, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. COMMITTEE AMENDMENT The amendment is as follows: On page 2, after line 7, add the following new section: SEC. 2. (a) Subchapter I of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 203. Availability of appropriations "Any funds appropriated to the Veterans' Administra- tion may, to the extent provided in this title or an Appropri- ations act, remain available until expended.". (1) 3 2 (b) The table of sections for subchapter I of chapter 3 of The basic purpose of H.R. 3348 is to permit the continued growth title 38, United States Code, is amended by adding at the end and development of the Department of Medicine and Surgery's Ex- thereof the following new item change of Medical Information (EMI) program by authorizing, through fiscal year 1979, expenditures to support grants and pilot "203. Availability of appropriations.". programs in this field. The bill also provides that proceeds to the Gov- Thus, the text of the bill as reported is as follows (insert the mate- ernment received under the EMI program shall be credited to the ap- rial printed in italic) : plicable VA medical appropriation, instead of being returned to the That subchapter IV of chapter 81 of title 38, United States Code, is Treasury as miscellaneous receipts (as under current law). amended as follows: Specifically, H.R. 3348 as reported would (1) By inserting at the end of section 5054(b) the following new (1) Amend section 5054 (b) of title 38 to require that any pro- sentence: "Any proceeds to the Government received therefrom shall ceeds to the Government received for providing medical informa- be credited to the applicable Veterans' Administration medical ap- tion to the medical community under the EMI program be cred- propriation."; and ited to the applicable VA medical appropriation; (2) By striking out in section 5055 (c) (1) "$3,000,000 for each fiscal (2) Amend section 5055 (c) of title 38 (authorizing appropria- year 1968 through 1971, and such sums as may be necessary for each tions to carry out EMI programs) to authorize expenditures for fiscal year 1972 through 1975," and inserting in lieu thereof "$3,500,000 the EMI program of $3,500,000 for fiscal year 1976, $1,700,000 for for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, the transition quarter beginning July 1 and ending September 30, and ending September 30, 1976; $4,000,000 for fiscal year 1977; 1976, and $4,000,000 annually for fiscal years 1977, 1978, and $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979,". 1979; and SEC. 2. (a) Subchapter I of chapter 3 of title 38, United States Code, (3) Add a clarifying technical amendment which explicitly is amended by adding at the end thereof the following new section: authorizes that funds appropriated to the Veterans' Administra- "§ 203. Availability of appropriations tion, may to the extent provided in title 38 or an Appropriations "Any funds appropriated to the Veterans' Administration may, to act, remain available until expended. the extent provided in this title or an Appropriations act, remain available until expended.". BACKGROUND AND DISCUSSION (b) The table of sections for subchapter I of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the The Exchange of Medical Information Program following new item: To strengthen medical programs at Veterans' Administration hos- pitals not affiliated with medical schools or in locations remote from "203 Availability of appropriations.". medical teaching centers, and to foster the widest possible cooperation INTRODUCTION AND SUMMARY OF H.R. 3348, AS REPORTED and consultation among members of the medical profession, Congress, 10 years ago enacted legislation (Public Law 89-785, the Veterans H.R. 3348 was passed unanimously by the House of Representatives Hospitalization and Medical Services Modernization Amendments of on June 16, 1975, and was referred to the Senate Committee on Veter- 1966) to authorize the Administrator of Veterans' Affairs to enter into ans' Affairs on June 17, 1975. On February 2, 1976, S. 2908, the pro- agreements with medical schools, hospitals, medical centers, and in- posed Veterans Omnibus Health Care Act of 1976, was introduced in dividual members of the medical profession for the free exchange of the Senate. Section 121 of S. 2908 contained provisions which were medical information. The EMI program was part of a comprehensive similar in scope and purpose to those of the House-passed H.R. 3348. program for the sharing of medical facilities, equipment, and infor- On February 18 and 19, the Subcommittee on Health and Hospitals mation, now codified as subchapter IV of chapter 81 of title 38, United held hearings on S. 2908 and other pending veterans health care leg- States Code. islation. In order to satisfy the reporting requirements of the Con- The purpose of the EMI program was to bring modern medical and gressional Budget Act of 1974 (Pub. L. 93-344), with respect to au- communications technology to bear on the quality of services avail- thorizing legislation, section 121 has been separated from S. 2908 and able to veterans at VA hospitals which, for reasons of size, location, this bill, in lieu of that section, is being reported to the Senate. (The or lack of resources, were unable to take full advantage of the latest Committee has also determined, as a result of its consultation with the medical information. The 1966 legislation charged the VA with the Senate Committee on the Budget, that the May 15 reporting deadline responsibility to engage in pilot projects having as their objective the is generally inapplicable to the other provisions of S. 2908, which con- strengthening of VA hospitals through the exchange of medical in- stitute entitlement legislation to which the May 15 required reporting formation, and authorized annual appropriations of $3,000,000 for the date in section 402 (a) of that Act does not apply.) 4 fiscal years ending June 30, 1971 to support projects in that area. During the 2-week period from April 12 to April 23, the members of Initial funding commenced in fiscal year 1968. with the appropria- the Committee by poll voted unanimously to report favorably H.R. tion of $942,000. This amount was increased to $974,000 in fiscal year 3348 and the amendment to it. 1969, and to $2,000,000 for each of the next 2 fiscal years. 4 5 By 1971, Congress had come to recognize the EMI program as an tional Aeronautics and Space Administration.-This satellite, known integral part of the VA's ongoing programs for patient care, research, as Applications Technology Satellite-F (ATS-F), provides a unique and medical education. In that year, legislation was enacted (Pub. L. opportunity for the VA to explore new modalities of information 92-69) extending the authorization of appropriations for the pro- exchange involving 10 VA hospitals located in the Appalachian region gram for an additional 4 years, or through fiscal year 1975. Appropri- of the United States. ATS-F is an attempt to broaden, through ex- ations for the program increased from $2,000,000 in fiscal year 1972 to perimentation, the scope of health services through long-distance, $2,500,000 in fiscal year 1973, and to $3,000,000 annually for fiscal simultaneous, low-cost, interactive transmission of consultations and years 1974 and 1975. pertinent clinical and educational materials. The EMI program is now concluding its eighth year of operation. (2) Establishment of a pilot Nuclear Medicine Network consisting Since its beginning in 1968, over 50 projects have been supported of the 4 VA institutions in eastern Missouri and southern Illinois.- under the EMI program. Every one of the VA's 171 hospitals has The participating hospitals are Marion, Ill.; Poplar Bluff, Mo.; St. contributed to the program, either as "core" institutions from which Louis (John Cochran Division), Mo.; and St. Louis (Jefferson Bar- information flows to outlying hospitals or as recipients of this infor- racks Division), Mo. This is a patient-care-oriented project which mation. Health professionals in 100 communities in the United States will, when fully operational, investigate the feasibility of utilizing a have participated in and benefited from the program. The funds pro- geographic electronic network to provide diagnostic nuclear medicine vided have been fully expended and wisely invested in pilot programs services. The major impediment to the establishment of nuclear medi- which, once established, have contributed directly and significantly cine services in outlying hospitals has been the lack of trained pro- to patient care. fessional and technical nuclear medicine personnel in these institutions. The Nuclear Medicine Network is a plan to provide the highest level of Program Accomplishments nuclear medicine services through the use of computer communica- The Veterans' Administration's health care system of 171 hospitals tions technology and without the need for a professional specialist in and more than 200 outpatient clinics is an established nationwide residence at the remote hospitals. These services include dynamic and resource as well as integral part of the community health care system static imaging, in vitro procedures, and in vivo function and volume in each population center in which the VA has a medical facility. The measurements. All the major items of nuclear medicine equipment have operation of this vast system carries with it a mandate to provide the been installed. The procurement of the computer equipment is in proc- best possible care to every individual who comes to à VA facility re- ess and various necessary instructional materials have been prepared gardless of its location. This means that the agency must constantly SO as to ensure effective utilization of the Nuclear Medicine Network. look to the latest scientific and technological developments to deter- (3) Development of a Center for Continuing Health Education mine what impact each may have on the delivery of quality medical (CCHE) in the Rocky Mountain Region through a grant with the care. University of Utah Medical Center.-Initially the VA hospitals at Through the development of modern electronics and communica- Boise, Idaho; Fort Harrison, Mont.; Grand Junction, Colo.; Reno, tions systems, the barriers of time and distance have largely dis- Nev.; Salt Lake City, Utah; and Sheridan, Wyo., were included in appeared. It is now technologically possible for all physicians and the project. During fiscal year 1973, the VA hospitals at Cheyenne, other health care professionals throughout the United States to oper- ate in one professional milieu. For example, the day is approaching Wyo.; Fort Lyon, Colo.; and Miles City, Mont., became active par- when physicians in the most remote parts of our country will have ticipants in the network. The major purpose of this project is to create immediately available to them the same consultants and other profes- an environment conducive to the provision of the best possible patient sional resources as do their colleagues in medical teaching centers. The care at the participating hospitals by fostering educational programs which meet the hospitals' needs. In keeping with the intent of the EMI technology to do this is available. All that remains is to harness it to our legislation, development of the CCHE is also directed toward im- needs in ways that are cost effective and in the best interests of the provement in the quality of patient care rendered to all residents of patient. The EMI program is the vehicle through which this and other each community in which the participating VA hospitals are located. advances in biomedical communications are being accomplished. The impact of the CCHE activities on patient care in the isolated locales of the participating hospitals is demonstrable. Since its inception in fiscal year 1968, a wide variety of innovative activities has been supported under the EMI program through (4) The Veterans Educational Training and Extramural Regional Audiovisual Network (VETERAN).-This program, initiated in grants to medical schools, hospitals, and research centers and via direct funding to VA hospitals. The activities supported under this 1973, is a conceptual merger of the EMI and the VA's regionaliza- tion policy. When fully developed it will provide for access and program vary in concept, scope, and content, although each has as its objective the investigation, development, and implementation of inno- exchange of medical information via television between the VA hos- vative programs in the exchange of medical information. The following pitals in St. Louis, Mo.; Poplar Bluff, Mo.; and Marion, Ill.; as well as with the medical schools and other major health care facilities in are typical of the pilot projects conducted under this program. (1) Participation in a series of biomedical communication experi- the St. Louis area. Thus, it will serve to bring those VA hospitals ments via a satellite which was launched in April 1974 by the Na- which are in the district, but remote from urban medical centers, 6 7 within one orbit educationally and clinically, by facilitating cost- effective exchange of medical information. It will also provide the permits funds to be continued available until expended, such an opportunity for close cooperation between the VA medical programs Appropriations act specifying the same would be subject to point of order on the floor of the House. and other public and private health care agencies in the region. Some Veterans' Administration programs authorized under title 38 (5) Interactive Telecommunications System for Central Maine.- The project is designed to train family practice physicians who live availability of appropriations. They include Medical and Prosthetic already have such specific authorization with respect to multi-year and practice in underserved areas of low populations density. In- Research (section 216(b)) Grants to the Republic of the Philippines volved is a consortium of 5 hospitals, including the VA facility at (section Grants for Construction of State Extended Care Togus, Maine. (6) Center for Continuing Health Education.-Development of co- Facilities (section 644(d)) ; Loan Guaranty Revolving Fund (section 1824) ; and Assistance for Health Manpower Training Institutions ordinated educational program fulfilling a variety of needs at eight (section 5082(b)). As to certain other VA programs, there is not such VA hospitals in Colorado, Wyoming, Montana, Idaho, and Nevada. a specific authorization. Accordingly, the clarifying technical amend- (7) Regional Computerized Consultation: Fluid and Electro- lytes.-Extension of immediate clinical consultation to VA hospitals ment order adopted by the Committee would provide explicit authority in to authorize the House Appropriations Committee to continue remote from urban medical centers. existing practice. New section 203, thus provides that funds be (8) Dial Access for Physicians and Nurses.-Over 400 lectures for physicians and nurses available nationally by dialing a single specified in an Appropriations act. available until expended either if authorized under title 38 may or SO number. (9) Endoscopy in Television.-Utilization of closed circuit tele- COST ESTIMATES vision for visualization and documentation of endoscopic findings de- veloped at the VA hospital, Lake City, Florida. (10) VA/Nebraska Television Network.-Two-way closed circuit Act of 1970 (Pub. L. 91-510, 91st Congress), the Committee, estimates In accordance with section 252(a) of the Legislative Reorganization television system between the University of Nebraska Medical Center, that, if all funds authorized to be appropriated are appropriated, the University of Nebraska College of Dentistry, Creighton University costs entailed by enactment of H.R. 3348 as reported would be: School of Medicine, and VA hospitals, Omaha, Lincoln, and Grand Authorize an appropriation of $3,500,000 for fiscal year 1976; $1,700,- Island. 1976; $4 million for fiscal year 1977; $4 million for fiscal year 1978, 000 for the period beginning July 1, 1976 and ending September 30, (11) Statewide Tumor Registry.-Establishment of an automatic, computerized statewide tumor registry in Alabama encompassing the and $4 million for fiscal year 1979. University of Alabama Medical Center and the four VA hospitals in Alabama. TABULATION OF VOTES CAST IN COMMITTEE (12) Telemedicine/Teleconsultation.-Closed circuit television sys- tem between the VA hospital, Bedford, Mass., and Massachusetts Pursuant to section 133(b) of the Legislative Reorganization Act General Hospital used for therapy and consultation. of 1946, as amended, the following is a tabulation of votes cast in The EMI program complements the concept of regionalization, as person or by proxy of the Members of the Committee on Veterans' it is being applied in the Department of Medicine and Surgery, in Affairs on a motion to report H.R. 3348, with an amendment, favor- seeking the common goal of enabling every VA hospital to offer the ably to the Senate: advantages of the latest developments in medical care to its patients. Yeas-9 Vance Hartke Technical Amendment Clifford P. Hansen Herman E. Talmadge Strom Thurmond H.R. 3348 as reported would also add a clarifying technical amend- Jennings Randolph Robert T. Stafford ment which explicitly authorizes that funds appropriated to the Vet- Alan Cranston erans' Administration may, to the extent provided in title 38 or an Richard (Dick) Stone Appropriations act, remain available until expended. This clarification John A. Durkin is apparently required because of a recent interpretation by the Parlia- Nays-0 mentarian of the House of Representatives. For years Appropriation acts have specified, for most VA appropriation accounts, that the SECTION-BY-SECTION ANALYSIS OF H.R. 3348 AS REPORTED funds appropriated may remain available until expended. The Com- mittee understands that with respect to the fiscal year 1976 appropri- Section 1 ations for the Veterans' Administration a parliamentary inquiry was initiated which questioned the authority for the Appropriations Act inserting at the end thereof a new sentence requiring that any pro- Clause 1 amends section 5054 (b) of title 38, United States Code, by to specify the continued availability of VA funds. The Committee fur- ceeds to the Government received from providing medical information ther understands that it is the position of the House Parliamentarian that unless the substantive law authorizing the various VA programs to the medical community under the EMI program be credited to the applicable VA medical appropriation. "base Entherity 1 the agency" S. Rept. 94-891-2 8 9 Clause 2 amends section 5055 (c) of title 38 to authorize expenditures [No. 94] of $3,500,000 for fiscal year 1976, $1,700,000 for the transition quarter beginning July 1 and ending September 30, 1976, and $4,000,000 an- COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE nually for fiscal years 1977, 1978, and 1979 for the EMI program. Section 2 VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Subsection a amends subchapter I of chapter 3 of title 38, United Washington, D.C., March 2, 1976. States Code, by adding a new section 203 which provides that any Hon. VANCE. HARTKE, funds appropriated to the Veterans' Administration may remain avail- Chairman, Committee on Veterans' Affairs, able until expended to the extent provided in title 38 or an Appropria- U.S. Senate, Washington, D.C. tions act. Subsection b would amend the table of sections for subchapter I of DEAR MR. CHAIRMAN This will respond to your request for a report chapter 3 of title 38, United States Code, to reflect the creation of new by the Veterans' Administration on S. 2908, 94th Congress, a bill "To amend title 38, United States Code, to improve the quality of hospital section 203. AGENCY REPORTS care, medical scervices, and nursing home care in Veterans' Admin- istration health care facilities; to require the availability of compre- The Committee requested and received a number of reports from hensive treatment and rehabilitative services and programs for cer- the Veterans' Administration and the Office of Management and tain disabled veterans suffering from alcoholism, drug dependence, or Budget on several bills pending before the Committee which would alcohol or drug abuse disabilities; to make certain technical and con- extend and improve the program of exchange of medical information forming amendments; and for other purposes." between the VA and medical communities. These reports follow S. 2908 contains a number of provisions directed toward extending or clarifying the authority of the Department of Medicine and Sur- gery to provide care to veterans. There are other provisions which would facilitate the administration of this program. There are still other provisions which would redirect the emphasis of veterans medi- cal care to the service connected veteran. A complete analysis of each of these provisions is enclosed herewith, as well as our position thereon and a cost analysis thereof. As can be ascertained by reading the enclosed analysis, there are a number of provisions of this bill which we favor. Furthermore, there are other provisions which may have some desirable features, but which provide the type of benefit extensions with associated cost factors which we cannot support, particularly at this time when the need for reasonable restraint in the growth of Government spending is being stressed. In this regard, we share the concern expressed by Senator Cranston at the time this measure was introduced. As the Senator suggested, we must question whether it is reasonable for the VA health care budget to continue to expand at the rapid rate achieved over the last 5 years, and whether the VA can continue to provide more and more care and services to more and more veterans and still be able to make the treatment of veterans service connected disabilities our primary focus. Accordingly, for the reasons specified in the analysis, we cannot support the bill as introduced. We are advised by the Office of Management and Budget that there is no objection to the presentation of this report from the stand- point of the administration's program. Sincerely, ODELL W. VAUGHN, Deputy Administrator, (In the absence of Richard L. Roudebush, Administrator). Enclosure. 11 10 SECTION-BY-SECTION ANALYSIS OF S. 2908, 94TH CONGRESS [No. 6] The first section of the bill provides that the Act may be cited as COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE the "Veterans Omnibus Health Care Act of 1976". VETERANS' ADMINISTRATION, TITLE I-GENERAL VETERANS HEALTH CARE AND OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, DEPARTMENT OF MEDICINE AND SURGERY AMEND- Washington, D.C., April 15, 1975. Hon. NELSON A. ROCKEFELLER, MENTS President of the Senate, * Washington, D.C. Section 121 of the bill would amend subchapter IV of chapter 81 of DEAR MR. PRESIDENT: There is transmitted herewith a draft bill title 38. to amend title 38, United States Code, in order to extend and improve the program of exchange of medical information between the Veterans' Administration and the medical community, and for other purposes, Subsection (b) of section 121 of the bill would amend section 5054 with the request that it be introduced and considered for enactment. of title 38 to provide that any proceeds to the Government received The subject bill would amend title 38, United States Code, section from utilization of the medical information furnished to the surround- 5055(c), to provide for continuation of funding for the exchange of ing medical community, for which the Administrator is authorized to medical information program through September 30, 1976. The pro- charge a fee, shall be credited to the applicable VA appropriation. Un- gram was-authorized by Public Law 89-785, which authorized funding der current law the fees received for such services are deposited with through fiscal year 1971, and extended by Public Law 92-69, which the Treasury to miscellaneous receipts. The changes made in this sub- authorized its continuing support through fiscal year 1975. The follow- section would not be consistent with sound fiscal practice and we do not ing sums would be authorized: $3.5 million for fiscal year 1976; and favor its enactment. $1.7 million for the period beginning July 1, 1976, and ending Septem- Subsection (c) of section 121 of the bill would amend section 5055 ber 30,-1976. The reason for providing $1.7 million for the period of title 38 in order to provide for continuation of funding for the ex- beginning July 1, 1976, and ending September 30, 1976, is that title change of medical information program through September 30, 1980. 'V of Public Law 93-344 prescribes an October 1-September 30 fiscal The program was authorized by Public Law 89-785, which authorized year, effective with fiscal year 1977. funding through fiscal year 1971, and extended by Public Law 92-69, The exchange of medical information program has enabled the VA which authorized its continuing support through fiscal year 1975. The to harness technological advances in communications to the educa- amendment proposed here would extend the authorization of appropri- tional process and thus to engage in, and support, innovative pilot ation of such sums as may be necessary for each fiscal year through projects which have as their objective the strengthening of those 1980. Veterans' Administration hospitals not affiliated with medical schools Exchange of medical information projects have been conducted or those located remote from medical centers. The program has involving all VA hospitals. These hospitals are either "core" institu- helped attract and retain highly trained and qualified members of tions from which information flows to outlying hospitals or are the medical profession at such hospitals. It has aided in achieving the recipients of this information. In every instance, the programs are ultimate purpose of making available the best and most up-to-date designed as instruments for the improvement of the delivery and the medical care for the veteran patients at VA hospitals not affiliated quality of health care at peripheral locations. Exchange of medical with medical schools. information activities is also being made available to health profes- Exchange of medical information projects have been conducted sionals in communities surrounding VA hospitals. unvolving all VA hospitals. These hospitals are either "core" institu- Grants authorized under this program are provided to medical tions from which information flows to outlying hospitals or are recipi- schools, hospitals, and research centers, while the pilot programs not ents of this information. In every instance, the programs are designed funded by grants are conducted at VA hospitals. These activities vary as instruments for the improvement of the delivery and the quality of in concept, scope, and content although each has as its objectives the health care at peripheral locations. Exchange of medical information investigation, development. and implementation of innovative pro- activities is also being made available to health professionals in com- grams in exchange of medical information. They cover a wide spec-- munities surrounding VA hospitals. This is of particular benefit to trum of activity. those members of medical communities located remote from medical During fiscal year 1975 the program was funded at $3 million. It is teaching centers. anticipated that the program would require funding of $3.5 million Grants authorized under this program are provided to medical for each succeeding fiscal year. The transition quarter (the period schools, hospitals, and research centers, while the pilot programs not beginning July 1, 1976, and ending September 30, 1976) should be funded by grants are conducted at VA hospitals, These activities vary funded at approximately $1,700,000. in concept, scope, and content although each has as its objectives the We favor this provision of the bill provided it is limited to a 1-year period to allow us to evaluate the program's accomplishments, to determine whether the program should be extended further, modified, or terminated. In accord with this recommendation, the President has requested in his budget, the suggested funding amounts through fiscal year 1977. 12 13 investigation, development, and implementation of innovative pro- grams in exchange of medical information. They cover a wide spec- § 5054. Exchange of medical information. trum of activity. Funds provided for the program have been fully (a) The Administrator is authorized to enter into agreements with rapidly make contributions in increased measure to patient care. expended and well invested in pilot programs which, once established, medical schools, hospitals, research centers, and individual members We are advised by the Office of Management and Budget that there of the medical profession under which medical information and tech- is no objection to the presentation of this draft bill to the Congress niques will be freely exchanged and the medical information services of all parties to the agreement will be available for use by any party from the Sincerely, standpoint of the administration's program. to the agreement under conditions specified in the agreement. In carry- ing out the purposes of this section, the Administrator shall utilize RICHARD L. ROUDEBUSH, recent developments in electronic equipment to provide a close educa- Enclosure. Administrator. tional, scientific, and professional link between Veterans' Administra- tion hospitals and major medical centers. Such agreements shall be A BILL, To amend title 38, United States Code, in order to extend utilized by the Administrator to the maximum extent practicable to and improve the program of exchange of medical information create, at each Veterans' Administration hospital which is a part of between the Veterans' Administration and the medical community, any such agreement, an environment of academic medicine which will and for other purposes. help such hospital attract and retain highly trained and qualified States of America in Congress assembled, That subsection (c) (1) of section. Be it enacted by the Senale and House of Representatives of the United members of the medical profession. 5055 of title 38, United States Code, is amended by striking our "$3 (b) In order to bring about utilization of all medical information be million for each fiscal year 1968 through 1971, and such sums as in the surrounding medical community, particularly in remote areas, lieu thereof "$3,500,000 for fiscal year 1976, and $1,700,000 for the necessary for each fiscal year 1972 through 1975," and inserting may in and to foster and encourage the widest possible cooperation and con- sultation among all members of the medical profession in such com- period beginning July 1, 1976, and ending September 30, 1976,". munity, the educational facilities and programs established at Veterans' Administration hospitals and the electronic link to medical ANALYSIS OF DRAFT BILL centers shall be made available for use by the surrounding medical This bill would amend title 38, United States Code, to provide for community. The Administrator may charge a fee for such services continuation of funding for the exchange of medical information (on annual or like basis) at rates which he determines, after program through September 30, 1976. The following sums would be appropriate study, to be fair and equitable. The financial status of authorized: $3.5 million for fiscal year 1976; $1 million for the period any user of such services shall be taken into consideration by the beginning July 1, 1976, and ending September 30, 1976. The reason Administrator in establishing the amount of the fee to be paid. for providing $1 million for the period beginning July 1, 1976, and § 5055. Pilot programs; grants to medical schools ending September 30, 1976, is that title V of Public Law 93-344 (a) The Administrator may establish an Advisory Subcommittee prescribes an October 1-September 30 fiscal year, effective with fiscal on Programs for Exchange of Medical Information, of the Special year 1977. Medical Advisory Group, established under section 4112 of this title, to advise him on matters regarding the administration of this section CHANGES IN EXISTING LAW MADE BY THE DRAFT BILL and to coordinate these functions with other research and education Changes in existing law made by the draft bill are shown as follows programs in the Department of Medicine and Surgery. The Assistant Chief Medical Director for Research and Education in Medicine shall (existing law proposed to be omitted is enclosed in black brackets, be an ex officio member of this Subcommittee. new matter printed in italic, existing law in which no change is pro- posed is shown in roman): (b) The Administrator, upon the recommendation of the subcom- mittee, is authorized to make grants to medical schools, hospitals, and research centers to assist such medical schools, hospitals, and research TITLE 38, UNITED STATES CODE centers in planning and carrying out agreements authorized by section 5054 of this title. Such grants may be used for the employment of Part VI-ACQUISITION AND DISPOSITION OF PROPERTY personnel, the construction of facilities, the purchasing of equipment when necessary to implement such programs, and for such other purposes as will facilitate the administration of this section. CHAPTER 81-ACQUISITION AND OPERATION OF HOSPITAL AND (c) (1) There is hereby authorized to be appropriated an amount DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY not to exceed [$3 million for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975, $3,500,000 for fiscal year 1976, and $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976, for the purpose of devel- Subchapter IV-Sharing of Information Medical Facilities, Equipment, and oping and carrying out medical information programs under this section on a pilot program basis and for the grants authority in sub- 14 15 section (b) of this section. Pilot programs authorized by this subsec- been delegated in writing by the Administrator, shall be evidence equal tion shall be carried out at Veterans' Administration hospitals in with the originals thereof. geographically dispersed areas of the United States. § 203. Availability of appropriations (2) Funds authorized under this section shall not be available to pay the cost of hospital, medical, or other care of patients except to Any funds appropriated to the Veterans' Administration may, to the extent that such cost is determined by the Administrator to be the extent provided in this title or an Appropriations act, remain incident to research, training, or demonstration activities carried out available until expended. under this section. (d) The Administrator, after consultation with the subcommittee PART VI-ACQUISITION AND DISPOSITION OF shall prescribe regulations covering the terms and conditions for PROPERTY making grants under this section. CHANGES IN EXISTING LAW MADE BY H.R. 3348, AS REPORTED CHAPTER 81-ACQUISITION AND OPERATION OF HOS- PITAL AND DOMICILIARY FACILITIES; PROCURE- In accordance with subsection 4 of Rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as MENT AND SUPPLY reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman) : Subchapter IV-Sharing of Medical Facilities, Equipment, and Information TITLE 38-UNITED STATES CODE § 5054. Exchange of medical information (a) The Administrator is authorized to enter into agreements with PART 1-GENERAL PROVISIONS medical schools, hospitals, research centers, and individual members of the medical profession under which medical information and tech- niques will be freely exchanged and the medical information services of all parties to the agreement will be available for use by any party to CHAPTER 3-VETERANS' ADMINISTRATION; OFFICERS the agreement under conditions specified in the agreement. In carry- AND EMPLOYEES ing out the purposes of this section, the Administrator shall utilize recent developments in electronic equipment to provide a close educa- SUBCHAPTER I-VETERANS' ADMINISTRATION Sec. tional, scientific, and professional link between Veterans' Administra- 201. Veterans' Administration an independent agency. tion hospitals and major medical centers. Such agreements shall be 202. Seal of the Veterans' Administration. utilized by the Administrator to the maximum extent practicable to 203. Availability of appropriations. create, at each Veterans' Administration hospital which is a part of any such agreement, an environment of academic medicine which will help such hospital attract and retain highly trained and qualified mem- Subchapter I-Veterans' Administration bers of the medical profession. § 201. Veterans' Administration an independent agency (b) In order to bring about utilization of all medical information in the surrounding medical community, particularly in remote areas, The Veterans' Administration is an independent establishment in the and to foster and encourage the widest possible cooperation and con- executive branch of the Government, especially created for or con- sultation among all members of the medical profession in such com- cerned in the administration of laws relating to the relief and other munity, the educational facilities and programs established at Vet- benefits provided by law for veterans, their dependents, and their erans' Administration hospitals and the electronic link to medical beneficiaries. centers shall be made available for use by surrounding medical com- § 202. Seal of the Veterans' Administration munity. The Administrator may charge a fee for such services (on The seal of the Veterans' Administration shall be judicially annual or like basis) at rates which he determines, after appropriate noticed. Copies of any public documents, records, or papers belonging study, to be fair and equitable. The financial status of any user of to or in the files of the Veterans' Administration, when authenticated such services shall be taken into consideration by the Administrator in by the seal and certified by the Administrator or by any employee of establishing the amount of the fee to be paid. Any proceeds to the Gov- the Veterans' Administration to whom proper authority shall have ernment received therefrom shall be credited to the applicable Vet- erans' Administration medical appropriation. 16 § 5055. Pilot programs; grants to medical schools (a) The Administrator may establish an Advisory Subcommittee on Programs for Exchange of Medical Information, of the Special Medical Advisory Group, established under section 4112 of this title, to advise him on matters regarding the administration of this section and to coordinate these functions with other research and education programs in the Department of Medicine and Surgery. The Assistant Chief Medical Director for Research and Education in Medicine shall be an ex officio member of this Subcommittee. (b) The Administrator, upon the recommendation of the Subcom- mittee, is authorized to make grants to medical schools, hospitals, and research centers to assist such medical schools, hospitals, and research centers in planning and carry out agreements authorized by section 5054 of this title. Such grants may be used for the employment of personnel, the construction of facilities, the purchasing of equipment when necessary to implement such programs, and for such other pur- poses as will facilitate the administration of this section. (c) (1) There is hereby authorized to be appropriated an amount not to exceed [$3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975,] $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979, for the purpose of developing and carrying out medical infor- mation programs under this section on a pilot program basis and for the grants authority in subsection (b) of this section. Pilot programs authorized by this subsection shall be carried out at Veterans' Admin- istration hospitals in geographically dispersed areas of the United States. (2) Funds authorized under this section shall not be available to pay the cost of hospital, medical, or other care of patients except to the extent that such cost is determined by the Administrator to be incident to research, training, or demonstration activities carried out under this section. (d) The Administrator, after consultation with the Subcommittee shall prescribe regulations covering the terms and conditions for mak- ing grants under this section. (e) Each recipient of a grant under this section shall keep such records as the Administrator may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. (f) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, docu- ments, papers, and records of the recipient of any grant under this section which are pertinent to any such grant. CORRECTED SHEET H. R. 3348 Ninety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To amend title 38, United States Code, in order to extend and improve the pro- gram of exchange of medical information between the Veterans' Administration and the medical community, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subchapter IV of chapter 81 of title 38, United States Code, is amended as follows: (1) By inserting at the end of section 5054(b) the following new sentence: "Any proceeds to the Government received therefrom shall be credited to the applicable Veterans' Administration medical appro- priation."; and (2) By striking out in section 5055 (c) (1) "$3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975," and inserting in lieu thereof $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979,". SEC. 2. (a) Subchapter I of chapter 2 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 203. Availability of appropriations "Any funds appropriated to the Veterans' Administration may, to the extent provided in this title or an appropriations Act, remain avail- able until expended.". (b) The table of sections for subchapter I of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the fol- lowing new item: "203. Availability of appropriations.". Speaker of the House of Representatives. Vice President of the United States and President of the Senate.