COMMITTEE ON GOVERNMENT OPERATIONS, VETERANS AFFAIRS AND CONSUMER PROTECTION 09/26/2024-REPORTED OUT TO THE FLOOR 09/26/2024-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 06/02/2023 - REASSIGNED TO THE COMMITTEE ON BUDGET, APPROPRIATIONS AND FINANCE BILL NO. 35-0087 Thirty- Fifth Legislature of the Virgin Islands May 31, 2023 An Act amending title 33 Virgin Islands Code, chapter 111 to add section 3038a to establish in the Treasury of the Virgin Islands a special fund designated as the Veterans Mainland Travel Revolving Fund and appropriating $250,000 for reimbursement for veterans’ airfare to travel outside of the VA Caribbean Healthcare Network for necessary medical care PROPOSED BY: Senators Dwayne M. DeGraff, Marvin A. Blyden, Diane T. Capehart and Milton E. Potter WHEREAS, the Virgin Islands Office of Veterans Affairs is part of the VA Caribbean 1 Healthcare Network which has community based outpatient clinics (CBOC) in Puerto Rico, on 2 St. Croix and St. Thomas, and its main medical facility in San Juan, Puerto Rico; and 3 WHEREAS, the CBOCs are limited in the healthcare they can provide veterans, and 4 when veterans require more extensive healthcare than primary/preventative care, they are 5 required to make an appointment through a CBOC at the closest VA medical facility, which is 6 the San Juan VA Medical Center in Puerto Rico. In some circumstances, the VA will reimburse 7 veterans, and one necessary attendant, for 100% of the costs associated with travel in-network 8 to Puerto Rico; and 9 WHEREAS, in many cases, the San Juan VA Medical Center cannot see veterans in a 10 timely manner, and veterans must wait to receive necessary healthcare. While there are VA 11 healthcare facilities on the mainland that could accommodate the needs of the veterans who 12 2 cannot be seen judiciously in Puerto Rico, it is the policy of the Office of Veterans Affairs to 1 reimburse no more than $250 for travel outside the VA Caribbean Network, and only under 2 very limited circumstances. The reimbursement must be approved by the Director of Veterans 3 Affairs, and only if funds are available; and 4 WHEREAS, this policy leaves many Virgin Islands veterans without efficient access to 5 the same necessary healthcare that other veterans on the mainland enjoy; and 6 WHEREAS, to ensure that Virgin Islands veterans receive the same access to necessary 7 healthcare that other U.S. veterans enjoy, it is necessary to create a fund that will reimburse 8 veterans 100% for the out-of-pocket expenses they pay for travel for healthcare outside the VA 9 Caribbean Healthcare Network; Now, Therefore, 10 Be it enacted by the Legislature of the Virgin Islands: 11 SECTION 1. Title 33 Virgin Islands Code, subtitle 3, chapter 111, section 3038 is 12 repealed and reenacted with amendments as follows: 13 “§ 3038 Veterans Emergency and Mainland Transportation Account (a) There is 14 established within the Office of Veterans Affairs, under the Office of the Governor, an account 15 to be known as the 'Veterans Emergency and Mainland Transportation Account.' The purpose 16 of this account is to provide transportation assistance to veterans for the purpose of receiving 17 necessary medical care. The funds in the Account must be used exclusively to cover airfare 18 expenses for Virgin Islands veterans who travel to the mainland United States to receive 19 necessary medical care. Reimbursement shall be provided upon presentation of documentation 20 signed by an authorized licensed medical provider. 21 (b) The Director of Veterans Affairs, or a designee within the Office of the Governor, 22 shall cover all or part of the costs associated with transporting veterans of the United States 23 Armed Forces residing in the Virgin Islands to and from Veterans Administration hospitals, 24 located outside the territory for the purpose of receiving emergency medical treatment or 25 3 services. Additionally, funds may be disbursed to cover transportation costs for at least one 1 family member, or other individual, to accompany the veteran to and from the medical facility. 2 (c) The Director of Veterans Affairs, or a designee within the Office of the Governor, 3 shall pay 100% of the airfare costs incurred by Virgin Islands veterans of the United States 4 Armed Forces for travel, up to twice per calendar year, to and from medical facilities, including 5 Veterans Administration hospitals, located on the mainland United States, for the purpose of 6 receiving medical treatment and services. Additionally, the Director shall cover 100% of the 7 airfare costs for at least one family member, or other individual, to accompany the veteran, 8 provided that the veteran requires assistance with daily tasks or is suffering from a catastrophic 9 illness. 10 (d) The Commissioner of Health and the Director of the Office of Veterans Affairs 11 shall promulgate regulations defining the terms 'emergency treatment and services' and 12 'catastrophic illness' for the purposes of subsection (c). 13 (e) For the purposes of this section, a 'Virgin Islands Veteran' is a person who was 14 discharged or released under conditions other than dishonorable discharge from the United 15 States Armed Services who served in active military, naval or space services and who either 16 (1) entered the Armed Services of the United States while residing in the Virgin Islands, or (2) 17 claimed the Virgin Islands as his domicile but entered the Armed Services in another 18 jurisdiction while temporarily residing there for the purpose of attending high school or 19 postsecondary education, or (3), served in the Virgin Islands National Guard for 20 or more 20 years of qualifying service as a traditional M-Day soldier or airman. and who. 21 SECTION 2. The sum of $250,000 is appropriated annually, beginning in the fiscal year 22 ending September 30, 2025, from the General Fund of the Treasury of the Government of the 23 Virgin Islands to the Veterans Emergency and Mainland Transportation Account. These funds 24 shall be used exclusively to cover airfare expenses for Virgin Islands veterans who travel to 25 the mainland United States to receive necessary medical care. Reimbursement shall be 26 4 provided upon presentation of documentation signed by an authorized licensed medical 1 provider. 2 BILL SUMMARY 3 This bill amends title 33, Virgin Islands Code, chapter 111 to establish in the Treasury 4 of the Virgin Islands a special fund designated as the Veterans Mainland Travel Revolving 5 Fund and appropriating $250,000 annually for reimbursement for airfare for travel outside of 6 the VA Caribbean Healthcare Network for the veteran and least one member of the veteran's 7 family or other person to accompany the veteran to and from the Veterans Administration 8 Hospital on the mainland. 9 BR23-0129/March 28, 2023/REVISED/April 21, 2023/HLF 10 ..\..\..\..\AMENDS\35th Legislature\DeGRAFF, DWAYNE M\Amendment 35-1006\35- 11 1006 (REVISED) DRAFTED ON YELLOW.docx 12