Veterans' Benefits and Services Act of 1988

Veterans' Administration Health-Care Amendments of 1987 - Title I: Health Care Provisions - Amends Federal veterans' benefits provisions to direct (current law authorizes) the Administrator of Veterans Affairs (the Administrator) to provide certain medical services to eligible veterans.

Revises the definition of "nursing home care" for purposes of such provisions, to include services delivered in skilled, intermediate care, and combined facilities, but to exclude domiciliary or residential care. Revises the definition of "Veterans' Administration facilities" to include public or private facilities at which the Administrator provides recreational activities for patients receiving care under a specified provision of Federal law.

Authorizes the Administrator to contract-out with non-Veterans Administration (VA) facilities for the provision of nursing home care to veterans in a public or private nursing home in the community, and for hospitalization of a person for observation and examination to determine eligibility for benefits, when the VA is unable to provide such services adequately.

Authorizes the Administrator to furnish such medical services as needed for any person: (1) for a disability for which a person receives disability compensation; or (2) for a disability where disability compensation is suspended, but only to the extent that such person's continuing eligibility is provided for in the judgment or settlement of an action concerning such suspension.

Prohibits the Administrator, before a date to be determined, from relocating any VA readjustment counseling centers that are situated apart from VA health-care facilities. Authorizes the Administrator (current law directs) to take certain action regarding the transition from offering veterans' readjustment counseling in facilities located apart from VA health-care facilities to offering such services in VA health-care facilities.

Extends to September 30, 1991, the contract adult day health care program. Directs the Administrator to conduct a study, and submit specified reports on, the cost efficiency of furnishing adult day health care over nursing home care, and the advantages and disadvantages of furnishing such care through facilities not under the jurisdiction of the Administrator and through facilities that are under the jurisdiction of the Administrator.

Adds veterans sojourning or residing in Canada to those eligible for hospital care, medical services, and nursing home care while abroad.

Repeals a specified provision of the Veterans' Health Care Amendments of 1979 requiring annual reports from the Administrator concerning the contracting-out of health care.

Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based facilities to homeless veterans suffering from chronic mental illness disabilities. Requires the Administrator to approve each such program before putting it into operation. Terminates the authority for such pilot program on September 30, 1988. Directs the Administrator, no later than May 1, 1988, to report to the Senate and House Veterans' Affairs Committees on the experience of the VA under the pilot program and the recommendations of the Administrator as to whether such program should be continued. Authorizes appropriations for FY 1988 for such program, earmarking a specified amount of such authorized funds for quality control management and monitoring of such program. Repeals a specified provision of current Federal law relating to the provision of treatment and rehabilitation for chronically mentally ill veterans.

Title II: Health Care Personnel - Amends Federal provisions relating to health-care personnel within the VA's Department of Medicine and Surgery (the Department) to provide pay increases for specified health-care personnel within such Department.

Increases the hours considered to be weekend duty eligible for premium pay for nurses in the Department. Revises other provisions concerning miscellaneous medical personnel matters.

Revises provisions concerning the composition and convening of disciplinary boards for medical personnel of the Department. Requires any determination made by such board to be made only after notice and an opportunity for a fair hearing. Requires a majority of the members of a disciplinary board to be employees in the same category of position as the employee who is the subject of the charges. Defines a "covered disciplinary action" for purposes of such boards as a disciplinary action: (1) arising from performance or conduct during a person's tenure with the VA; and (2) proposing that such person be removed, suspended for more than 14 days, or given a demotion involving the loss of grade or pay.

Makes technical changes to Federal provisions concerning the Health Professional Scholarship Program.

Excludes temporary research personnel from any ceiling on full-time employees of the VA or any other ceiling applicable to employees of the VA.

Provides for the employment of two (currently one) Associate Deputy Chief Medical Directors, who shall act as assistants to the Chief and the Deputy Chief Medical Director of the Department. Revises provisions relating to the appointment, reappointment, or extension of employment of any person appointed to a position in the Department.

Requires the first two years of employment of a person appointed to a medical personnel position in the Department to be a probationary period, allowing the record of such employee to be reviewed at any time during such period by a board appointed under regulations prescribed by the Secretary. Requires the board to make recommendations to the Chief Medical Director concerning each such employee, and allows the Chief Medical Director to accept, reject, or modify such recommendations, requiring a statement of reasons if the Chief Medical Director takes actions not recommended by the board.

Provides for the payment of on-call pay for medical personnel of the Department required to be on call for a period other than the employee's regular hours of duty, at a specified rate.

Revises provisions relating to the waiver of certain licensing requirements of certain medical personnel if such person is to be employed only in a research or academic post where there is no direct responsibility for the care of patients, or if such person is to serve in a foreign country where he or she is fully licensed under the laws of such country.

Title III: Administration of Health-Care System - Provides a six-year statute of limitations for actions brought by the United States against a veteran for recovery of the cost of furnishing care and services to a veteran for a non-service-connected disability.

Excludes certain medical personnel of the Department from immunity from suit under specified Federal law which prohibits certain Federal employees from suing or being sued, thereby authorizing suits against such personnel for negligent or wrongful acts or omissions committed while an employee of the Department. Authorizes the Administrator to settle any claim against such employees under tort laws, to the extent delegated to the Administrator by the Attorney General.

Prohibits the Administration from transferring any interest in real property owned by the United States and administered by the Administrator which is valued in excess of $50,000 to another Federal agency or to a State, unless such transfer is specifically authorized by law after the date of enactment of this Act.

Makes technical revisions to Federal provisions regarding the financial management of the veterans' canteen service. Provides that persons employed in the canteen service and compensated from a revolving fund established for the provision of such service may not be considered to be employees of the VA for purposes of the determination of VA employee ceilings.

Exempts certain specified VA fund accounts from the operation of any sequestration order issued or enacted for any fiscal year after FY 1985. Directs the Secretary of the Treasury to implement such exemption, and, no later than 60 days after enactment of this Act, report to the appropriate congressional committees on any action taken to implement such provision.

Directs the Administrator to carry out a pilot program to determine hospital management efficiency within the VA. Requires the Administrator to designate five medical centers to participate in the pilot program. Requires the Administrator to consult with the Senate and House Veterans' Affairs Committees before making such designation. Authorizes the Director of a designated medical center to waive or alter any applicable management and administration laws pertaining to such center in order to improve the efficiency and economy of such medical center. Directs the Administrator to ensure that a designated medical center does not incur a budget reduction during the period of the pilot program due to improved efficiency or economy of operation achieved under this provision. Directs the Administrator to submit to the Congress an annual report on the pilot program. Terminates such pilot program on September 30, 1990.

Directs the Administrator to establish and operate, as part of the Department, an outpatient clinic in central or southern New Jersey. Requires the Administrator to begin the site location process for such clinic no later than 30 days after the enactment of this Act.

Title IV: Miscellaneous - Sets forth the effective date for amendments made by this Act.