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United States · Bill · S

S. 2701 (101st)

Department of Veterans Affairs Physicians' and Dentists' Compensation Act of 1990

openUnited States· United States Congress· EN

Introduced

24 May 1990

Last action

Status

Committee on Veterans received executive comment from Department of Veterans Affairs.

Sponsors

Subjects

Discovery layer

Source updated

26 August 2025

Summary

Department of Veterans Affairs Physicians' and Dentists' Compensation Act of 1990 - Revises provisions of Federal law relating to special pay for Department of Veterans Affairs physicians and dentists. Authorizes the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay to such individuals under regulations prescribed by the Secretary after the Secretary has received the recommendations of the Chief Medical Director (CMD) of the Veterans Health Services and Research Administration (HSRA) of the Department of Veterans Affairs (Department). Conditions such special pay on the execution of a written agreement by the physician or dentist to perform a period of obligated service within the HSRA. Provides that such individual is not entitled to such special pay during the first three years of such service, except at the discretion of the CMD for full-time services. Prohibits special pay for those physician and dentist positions for which there is no significant recruitment and retention problem. Sets forth requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years; (2) refunding of special pay for unfulfilled services; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; and (4) terms under which the Secretary and the physician or dentist may terminate the agreement. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the HSRA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel; and (6) service by a physician with exceptional qualifications within a specialty. Requires all special pay for such full-time physicians to be personally approved by the CMD on a case-by-case basis. Sets forth conditions and limitations to the payment of such special pay. Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that physician performs. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits a physician from receiving such special pay while also receiving special pay for serving in certain executive positions. Allows scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice) for a physician or dentist serving as a chief of staff only if it is necessary to recruit or retain qualified physicians or dentists for such position and only if the CMD personally approves such specialty pay. Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; and (2) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Sets forth considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of special pay for individual medical facilities of the Department. Requires the director of an individual facility, in such a case, to recommend the payment of such special pay to the CMD and wait 45 days after which such pay would become effective unless disapproved by the CMD. Provides for delegation of the approval power of the CMD. Prohibits the payment of special pay to physicians or dentists with respect to individual medical facilities of the Department unless the CMD determines that such pay is necessary to meet the needs of that particular facility for qualified physicians or dentists. Prohibits special pay from being paid to a physician or dentist who: (1) is employed on a less than half-time basis or on a intermittent basis unless the CMD determines it is the most cost-effective way of providing needed medical or dental services at a Department facility; (2) occupies an internship or residency training position; or (3) is a reemployed annuitant. Reinstates the payment of special pay under this Act for full-time physicians or dentists of the HSRA who had been receiving special pay under primary, full-time, and tenure categories before the authority for the payment of that special pay was repealed. Reinstates similarly the payment of special pay under the primary and tenure categories for part-time physicians and dentists of the HSRA. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for HSRA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to HSRA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the HSRA for expenses incurred, up to $1,000 per year, for continuing professional education. Allows a physician or dentist within the HSRA who had previously received special pay under the full-time, primary, or tenure categories (repealed by this Act) and had elected not to have such pay treated as basic pay for purposes of retirement and annuity amounts to elect to treat the special pay provided under this Act as basic pay for such purposes.

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