Pub. L. 110-181, div. A, tit. XIV, subtit. C, sec. 1422

ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT HOME.

EnactedYear: 2008Length: 1,547 wordsOfficial source
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT HOME.(a) Role of Secretary of Defense.—Section 1511 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended—(1) in subsection (d), by adding at the end the following new paragraph:“(3) The administration of the Retirement Home (including administration for the provision of health care and medical care for residents) shall remain under the direct authority, control, and administration of the Secretary of Defense.”; and(2) in subsection (h), by adding at the end the following new sentence: “The annual report shall include an assessment of all aspects of each facility of the Retirement Home, including the quality of care at the facility.”.(b) Accreditation.—Subsection (g) of section 1511 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended to read as follows:“(g) Accreditation.—The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.”.(c) Spectrum of Care.—Section 1513(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by inserting after the first sentence the following new sentence: “The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents.”.(d) Senior Medical Advisor for Retirement Home.—(1) Designation and duties of senior medical advisor.—The Armed Forces Retirement Home Act of 1991 122 STAT. 421 is amended by inserting after section 1513 (24 U.S.C. 413) the following new section:“SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT HOME.“(a) Designation of Senior Medical Advisor.—(1) The Secretary of Defense shall designate the Deputy Director of the TRICARE Management Activity to serve as the Senior Medical Advisor for the Retirement Home.“(2) The Deputy Director of the TRICARE Management Activity shall serve as Senior Medical Advisor for the Retirement Home in addition to performing all other duties and responsibilities assigned to the Deputy Director of the TRICARE Management Activity at the time of the designation under paragraph (1) or afterward.“(b) Responsibilities.—(1) The Senior Medical Advisor shall provide advice to the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, and the Chief Operating Officer regarding the direction and oversight of the provision of medical, preventive mental health, and dental care services at each facility of the Retirement Home.“(2) The Senior Medical Advisor shall also provide advice to the Local Board for a facility of the Retirement Home regarding all medical and medical administrative matters of the facility.“(c) Duties.—In carrying out the responsibilities set forth in subsection (b), the Senior Medical Advisor shall perform the following duties:“(1) Ensure the timely availability to residents of the Retirement Home, at locations other than the Retirement Home, of such acute medical, mental health, and dental care as such resident may require that is not available at the applicable facility of the Retirement Home.“(2) Ensure compliance by the facilities of the Retirement Home with accreditation standards, applicable health care standards of the Department of Veterans Affairs, or any other applicable health care standards and requirements (including requirements identified in applicable reports of the Inspector General of the Department of Defense).“(3) Periodically visit and inspect the medical facilities and medical operations of each facility of the Retirement Home.“(4) Periodically examine and audit the medical records and administration of the Retirement Home.“(5) Consult with the Local Board for each facility of the Retirement Home not less frequently than once each year.“(d) Advisory Bodies.—In carrying out the responsibilities set forth in subsection (b) and the duties set forth in subsection (c), the Senior Medical Advisor may establish and seek the advice of such advisory bodies as the Senior Medical Advisor considers appropriate.” .(2) Clerical amendment.—The table of contents in section 1501(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 note) is amended by inserting after the item relating to section 1513 the following new item: “1513A. Improved health care oversight of Retirement Home.”. (e) Local Boards of Trustees.—122 STAT. 422(1) Duties.—Subsection (b) of section 1516 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended to read as follows:“(b) Duties.—(1) The Local Board for a facility shall serve in an advisory capacity to the Director of the facility and to the Chief Operating Officer.“(2) The Local Board for a facility shall provide to the Chief Operating Officer and the Director of the facility such guidance and recommendations on the administration of the facility as the Local Board considers appropriate.“(3) Not less often than annually, the Local Board for a facility shall provide to the Under Secretary of Defense for Personnel and Readiness an assessment of all aspects of the facility, including the quality of care at the facility.”.(2) Composition.—Subparagraph (K) of subsection (c) of such section is amended to read as follows:“(K) One senior representative of one of the chief personnel officers of the Armed Forces, who shall be a commissioned officer of the Armed Forces serving on active duty in the grade of brigadier general, or in the case of the Navy or Coast Guard, rear admiral (lower half).”.(f) Inspection of Retirement Home.—Section 1518 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read as follows:“SEC. 1518. INSPECTION OF RETIREMENT HOME.“(a) Duty of Inspector General of the Department of Defense.—The Inspector General of the Department of Defense shall have the duty to inspect the Retirement Home.“(b) Inspections by Inspector General.—(1) In any year in which a facility of the Retirement Home is not inspected by a nationally recognized civilian accrediting organization, the Inspector General of the Department of Defense shall perform a comprehensive inspection of all aspects of that facility, including independent living, assisted living, medical and dental care, pharmacy, financial and contracting records, and any aspect of either facility on which the Local Board for the facility or the resident advisory committee or council of the facility recommends inspection.“(2) The Inspector General shall be assisted in inspections under this subsection by a medical inspector general of a military department designated for purposes of this subsection by the Secretary of Defense.“(3) In conducting the inspection of a facility of the Retirement Home under this subsection, the Inspector General shall solicit concerns, observations, and recommendations from the Local Board for the facility, the resident advisory committee or council of the facility, and the residents of the facility. Any concerns, observations, and recommendations solicited from residents shall be solicited on a not-for-attribution basis.“(4) The Chief Operating Officer and the Director of each facility of the Retirement Home shall make all staff, other personnel, and records of each facility available to the Inspector General in a timely manner for purposes of inspections under this subsection.“(c) Reports on Inspections by Inspector General.—(1) The Inspector General shall prepare a report describing the results of each inspection conducted of a facility of the Retirement Home 122 STAT. 423 under subsection (b), and include in the report such recommendations as the Inspector General considers appropriate in light of the inspection. Not later than 45 days after completing the inspection of the facility, the Inspector General shall submit the report to Congress and the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, the Director of the facility, the Senior Medical Advisor, and the Local Board for the facility.“(2) Not later than 45 days after receiving a report of the Inspector General under paragraph (1), the Director of the facility concerned shall submit to the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, and the Local Board for the facility, and to Congress, a plan to address the recommendations and other matters set forth in the report.“(d) Additional Inspections.—(1) The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 1511(g).“(2) The Chief Operating Officer and the Director of a facility being inspected under this subsection shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this subsection.“(e) Reports on Additional Inspections.—(1) Not later than 45 days after receiving a report of an inspection from the civilian accrediting organization under subsection (d), the Director of the facility concerned shall submit to the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, and the Local Board for the facility a report containing—“(A) the results of the inspection; and“(B) a plan to address any recommendations and other matters set forth in the report.“(2) Not later than 45 days after receiving a report and plan under paragraph (1), the Secretary of Defense shall submit the report and plan to Congress.” .(g) Armed Forces Retirement Home Trust Fund.—Section 1519 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419) is amended by adding at the end the following new subsection:“(d) Reporting Requirements.—The Chief Financial Officer of the Armed Forces Retirement Home shall comply with the reporting requirements of subchapter II of chapter 35 of title 31, United States Code.”.