REVISION OF AUTHORITY TO SHARE MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION.

SEC. 301. REVISION OF AUTHORITY TO SHARE MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION. (a) Statement of Purpose.—The text of section 8151 is amended to read as follows: “It is the purpose of this subchapter to strengthen the medical programs at Department facilities and improve the quality of health care provided veterans under this title by authorizing the Secretary to enter into agreements with health-care providers in order to share health-care resources with, and receive health-care resources from, such providers while ensuring no diminution of services to veterans.”. (b) Definitions.—Section 8152 is amended— (1) by striking out paragraphs (1), (2), and (3) and inserting in lieu thereof the following new paragraphs (1) and (2): “(1) The term ‘health-care resource’ includes hospital care and medical services (as those terms are defined in section 1701 of this title), any other health-care service, and any health-care support or administrative resource. “(2) The term ‘health-care providers’ includes health-care plans and insurers and any organizations, institutions, or other entities or individuals who furnish health-care resources.”; and (2) by redesignating paragraph (4) as paragraph (3). (c) Authority To Secure Health-Care Resources.—Section 8153 is amended as follows: (1) Subsection (a) is amended— (A) in paragraph (1)— (i) by striking out “certain specialized medical resources” and inserting in lieu thereof “health-care resources”; (ii) by striking out “other medical resources” and inserting in lieu thereof “other health-care resources”; and (iii) by striking out “of—” and all that follows through “section 1742(a) of this title” and inserting in lieu thereof “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual”; (B) in paragraph (2), by striking out “only” and all that follows through “are not” and inserting in lieu thereof “if such resources are not, or would not be,”; and (C) by adding at the end the following: “(3)(A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without 110 STAT. 3192regard to any law or regulation that would otherwise require the use of competitive procedures for acquiring the resource. “(B)(i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is conducted in accordance with the simplified procedures prescribed pursuant to clause (ii). “(ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). Such procedures shall permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Department of bids, proposals, or quotations so submitted. “(iii) Pending publication of the procedures under clause (ii), the Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance with all procurement laws and regulations. “(C) Any procurement of health-care resources other than those covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations. “(D) For any procurement to be conducted on a sole source basis other than a procurement covered by subparagraph (A), a written justification shall be prepared that includes the information and is approved at the levels prescribed in section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)). “(E) As used in this paragraph, the term ‘commercial service’ means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.”. (2) Subsection (b) is amended by striking out “reciprocal reimbursement” in the first sentence and all that follows through the period at the end of that sentence and inserting in lieu thereof “payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.”. (3) Subsection (d) is amended by striking out “preclude such payment, in accordance with—” and all that follows through “to such facility therefor” and inserting in lieu thereof “preclude such payment to such facility for such care or services”. (4) Such section is further amended— (A) by redesignating subsection (e) as subsection (g); and (B) by inserting after subsection (d) the following new subsections: “(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines— 110 STAT. 3193 “(1) that veterans will receive priority under such an arrangement; and “(2) that such an arrangement— “(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or “(B) will result in the improvement of services to eligible veterans at that facility. “(f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.” (d) Clerical Amendments.—(1) The heading of section 8153 is amended to read as follows: “§ 8153. Sharing of health-care resources”. (2) The item relating to section 8153 in the table of sections at the beginning of chapter 81 is amended to read as follows: “8153. Sharing of health-care resources.”.