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SECTION 1. Subtitle B, Title
2, Health and Safety Code, is amended by adding Chapter 49 to read as
follows:
CHAPTER 49. VETERANS
RECOVERY PROGRAM
Sec. 49.001.
DEFINITIONS. In this chapter:
(1)
"Commissioner" means the commissioner of state health services.
(2)
"Department" means the Department of State Health Services.
(3) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(4) "Facility"
includes a hospital, public health clinic, outpatient health clinic,
community health center, and any other facility authorized under department
rules to provide hyperbaric oxygen treatment under this chapter.
(5) "Health care
practitioner" means a person who is licensed to provide medical or
other health care in this state and who has prescriptive authority,
including a physician.
(6) "Hyperbaric
oxygen treatment" means treatment for traumatic brain injury or
post-traumatic stress disorder prescribed by a health care practitioner and
delivered in:
(A) a hyperbaric chamber
approved by the United States Food and Drug Administration; or
(B) a hyperbaric oxygen
device that is approved by the United States Food and Drug Administration
for investigational use under the direction of an institutional review
board with a national clinical trial number.
(7) "Physician"
means a person licensed to practice medicine by the Texas Medical Board.
(8) "Program" means the Veterans Recovery Program established under
this chapter.
(9) "Traumatic brain
injury" means an acquired injury to the brain. The term does not
include brain dysfunction caused by congenital or degenerative disorders or
birth trauma.
(10) "Veteran"
means an individual who has served in:
(A) the army, navy, air
force, coast guard, or marine corps of the United States;
(B) the state military
forces as defined by Section 431.001, Government Code; or
(C) an auxiliary service
of one of those branches of the armed forces.
Sec. 49.002. ESTABLISHMENT
AND OPERATION OF PROGRAM. (a) The department shall establish and operate
the Veterans Recovery Program to provide diagnostic services, hyperbaric
oxygen treatment, and support services to eligible veterans who have
post-traumatic stress disorder or a traumatic brain injury.
(b) The commissioner may
appoint an advisory board to assist the department in developing the
program.
Sec. 49.003. RULES. The
executive commissioner shall adopt rules to implement this chapter,
including standards for veteran and facility eligibility under the program
and standards to ensure patient confidentiality is protected under the
program. The standards must require that:
(1) eligible facilities
comply with applicable fire codes, oversight requirements, and any treatment
protocols provided in department rules; and
(2) eligible participants
in the program reside in this state.
Sec. 49.004. VETERANS
RECOVERY ACCOUNT. (a) The veterans recovery account is a dedicated
account in the general revenue fund.
(b) The veterans recovery
account consists of:
(1) appropriations of money to the account by the legislature;
(2) gifts, grants, and
other donations received for the account;
(3) reimbursement received from the Medicaid and Medicare
programs, the TRICARE program of the United States Department of Defense,
the federal government, or a third party payor for treatment rendered under
the program; and
(4) interest earned on
the investment of money in the fund.
(c) Section 403.071,
Government Code, does not apply to the veterans recovery account.
(d) The commissioner
shall administer the account. Money in the account may be used only to pay
for:
(1) expenses of
administering the program;
(2) diagnostic testing
and treatment of a veteran with post-traumatic stress disorder or a
traumatic brain injury under the program; and
(3) a veteran's necessary
travel and living expenses for a veteran required to travel to obtain
treatment under the program.
(e) The commissioner
shall seek reimbursement for payments made under the program from the
Medicaid and Medicare programs, the TRICARE program of the United States
Department of Defense, appropriate federal agencies, and any other
responsible third party payor.
Sec. 49.005. HYPERBARIC
OXYGEN TREATMENT; RESERVATION OF FUNDS. (a) The executive commissioner by
rule shall adopt standards for the provision of hyperbaric oxygen treatment
under the program to veterans who have been diagnosed with post-traumatic
stress disorder or a traumatic brain injury, have been prescribed hyperbaric
oxygen treatment by a health care practitioner, and voluntarily agree to
treatment under the program.
(b) A facility providing
medical care to a veteran who is eligible for hyperbaric oxygen treatment
under the program may apply for reimbursement for treatment under the
program.
(c) The facility must
submit a treatment plan to the department before providing treatment under
the program. The treatment plan must include:
(1) a prescription order
for hyperbaric oxygen treatment issued by a health care practitioner;
(2) verification of
facility and veteran eligibility;
(3) an estimate of the
treatment costs and of the veteran's necessary travel and living expenses
for a veteran required to travel to obtain the treatment; and
(4) any other information
required by the department.
(d) The department shall
approve or disapprove a treatment plan within a reasonable time as
established by department rule. The department shall notify the facility
whether the treatment plan was approved or disapproved by the department.
(e) The department may
not approve the provision of hyperbaric oxygen treatment under the program
unless the facility is in compliance with applicable department standards
and rules and the veteran is eligible for treatment under the program.
(f) If there is
sufficient money in the veterans recovery account, the department shall
approve each treatment plan that meets the requirements of this section and
the standards adopted under this chapter.
(g) The commissioner
shall reserve in the veterans recovery account an amount equal to the
estimated treatment costs and necessary travel and living expenses
specified in the treatment plan for each veteran that is approved for
treatment under the program.
Sec. 49.006. PROVISION OF
SERVICES; REIMBURSEMENT. (a) A facility may provide hyperbaric oxygen
treatment under the program to a veteran who has post-traumatic stress
disorder or a traumatic brain injury if the department approved a treatment
plan under Section 49.005 for the veteran.
(b) A facility that
elects to provide hyperbaric oxygen treatment to a veteran under Subsection
(a) shall provide the treatment without charge to the veteran. A veteran
receiving treatment under the program is not liable for the cost of
treatment or expenses incurred under the program. The facility may submit
to the department a request for reimbursement from the veterans recovery
account for expenses incurred for the treatment.
(c) A facility that
elects to provide treatment under the program shall submit to the
department regular reports, in the form prescribed by the department, of
the veteran's measured health improvements under the treatment plan.
(d) The commissioner
shall reimburse a facility for expenses the facility incurred in providing
the hyperbaric oxygen treatment from the veterans recovery account if:
(1) the treatment was
provided according to the treatment plan approved by the department;
(2) the expenses do not
exceed the amount reserved for the treatment under Section 49.005; and
(3) the facility
demonstrates in the reports described by Subsection (c) that the veteran is
making measured health improvements.
(e) If expenses for the
treatment exceed funds reserved for the treatment under Section 49.005, the
state and the veterans recovery account are not liable for the amount in
excess of the reserved funds.
(f) A facility may submit
an updated treatment plan under Section 49.005 to request the reservation
of funds in addition to funds reserved under the original treatment plan.
(g) From money in the
veterans recovery account, the commissioner shall reimburse a veteran
required to travel to obtain treatment under the program for the travel and
living expenses approved by the department in the treatment plan. The
expenses may not exceed the amount reserved for those expenses under
Section 49.005.
Sec. 49.007. TERMINATION
OF RESERVATION OF FUNDS. (a) If the facility or veteran fails to request
reimbursement for treatment or for travel and living expenses under the
program for at least six months following the conclusion of treatment, the
department shall notify the facility and the veteran receiving treatment
under the facility's treatment plan that the funding reserved for the
treatment and expenses will be terminated on the 90th day after the date
the department provides notice under this subsection unless the facility or
veteran notifies the department of continued treatment and expenses under
the program or requests reimbursement for the treatment already provided or
expenses already incurred under the program.
(b) If a facility or
veteran fails to notify the department of continued treatment and expenses
in the time required under Subsection (a), the commissioner shall terminate
the reservation of funds in the veterans recovery account under the
facility's treatment plan for that veteran.
Sec. 49.008. REPORT. Not
later than October 1 of each even-numbered year, the department shall
submit to the governor, lieutenant governor, speaker of the house of
representatives, and appropriate standing committees of the legislature a
report regarding the program that includes an evaluation of the
effectiveness of the program and the number of veterans and facilities
participating in the program.
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SECTION 1. Subtitle B, Title
2, Health and Safety Code, is amended by adding Chapter 49 to read as
follows:
CHAPTER 49. VETERANS
RECOVERY PILOT PROGRAM
Sec. 49.001.
DEFINITIONS. In this chapter:
(1) "Facility"
includes a hospital, public health clinic, outpatient health clinic,
community health center, and any other facility authorized under department
rules to provide hyperbaric oxygen treatment under this chapter.
(2) "Health care
practitioner" means a person who is licensed to provide medical or
other health care in this state and who has prescriptive authority,
including a physician.
(3) "Hyperbaric
oxygen treatment" means treatment for traumatic brain injury or
post-traumatic stress disorder prescribed by a health care practitioner and
delivered in:
(A) a hyperbaric chamber
approved by the United States Food and Drug Administration; or
(B) a hyperbaric oxygen
device that is approved by the United States Food and Drug Administration
for investigational use under the direction of an institutional review
board with a national clinical trial number.
(4) "Physician"
means a person licensed to practice medicine by the Texas Medical Board.
(5) "Pilot program" means the Veterans Recovery Pilot Program
established under this chapter.
(6) "Traumatic brain
injury" means an acquired injury to the brain. The term does not
include brain dysfunction caused by congenital or degenerative disorders or
birth trauma.
(7) "Veteran"
means an individual who has served in:
(A) the army, navy, air
force, coast guard, or marine corps of the United States;
(B) the state military
forces as defined by Section 431.001, Government Code; or
(C) an auxiliary service
of one of those branches of the armed forces.
Sec. 49.002.
ESTABLISHMENT AND OPERATION OF PILOT PROGRAM. (a) The department shall
establish and operate the Veterans Recovery Pilot
Program to provide diagnostic services, hyperbaric oxygen treatment, and
support services to eligible veterans who have post-traumatic stress
disorder or a traumatic brain injury.
(b) The commissioner may
appoint an advisory board to assist the department in developing the pilot program.
Sec. 49.003. RULES. The
executive commissioner shall adopt rules to implement this chapter,
including standards for veteran and facility eligibility under the pilot program and standards to ensure
patient confidentiality is protected under the pilot program. The standards must require that:
(1) eligible facilities
comply with applicable fire codes, oversight requirements, and any
treatment protocols provided in department rules; and
(2) eligible participants
in the pilot program reside in this
state.
Sec. 49.004. VETERANS
RECOVERY ACCOUNT. (a) The veterans recovery account is a dedicated
account in the general revenue fund.
(b) The veterans recovery
account consists of:
(1) gifts, grants, and
other donations received for the account; and
(2) interest earned on
the investment of money in the fund.
(c) Section 403.071,
Government Code, does not apply to the veterans recovery account.
(d) The commissioner
shall administer the veterans recovery account. Money in the account may
be used only to pay for:
(1) expenses of
administering the pilot program;
(2) diagnostic testing
and treatment of a veteran with post-traumatic stress disorder or a
traumatic brain injury under the pilot
program; and
(3) a veteran's necessary
travel and living expenses for a veteran required to travel to obtain
treatment under the pilot program.
(e) The commissioner
shall seek reimbursement for payments made under the pilot program from the Medicaid and
Medicare programs, the TRICARE program of the United States Department of
Defense, appropriate federal agencies, and any other responsible third
party payor.
Sec. 49.005. HYPERBARIC
OXYGEN TREATMENT; RESERVATION OF FUNDS. (a) The executive commissioner by
rule shall adopt standards for the provision of hyperbaric oxygen treatment
under the pilot program to veterans
who have been diagnosed with post-traumatic stress disorder or a traumatic
brain injury, have been prescribed hyperbaric oxygen treatment by a health
care practitioner, and voluntarily agree to treatment under the pilot program.
(b) A facility providing
medical care to a veteran who is eligible for hyperbaric oxygen treatment
under the pilot program may apply
for reimbursement for treatment under the pilot
program.
(c) The facility must
submit a treatment plan to the department before providing treatment under
the pilot program. The treatment
plan must include:
(1) a prescription order
for hyperbaric oxygen treatment issued by a health care practitioner;
(2) verification of
facility and veteran eligibility;
(3) an estimate of the
treatment costs and of the veteran's necessary travel and living expenses
for a veteran required to travel to obtain the treatment; and
(4) any other information
required by the department.
(d) The department shall
approve or disapprove a treatment plan within a reasonable time as
established by department rule. The department shall notify the facility
whether the treatment plan was approved or disapproved by the department.
(e) The department may
not approve the provision of hyperbaric oxygen treatment under the pilot program unless the facility is in
compliance with applicable department standards and rules and the veteran
is eligible for treatment under the pilot
program.
(f) If there is
sufficient money in the veterans recovery account, the department shall
approve each treatment plan that meets the requirements of this section and
the standards adopted under this chapter.
(g) The commissioner
shall reserve in the veterans recovery account an amount equal to the
estimated treatment costs and necessary travel and living expenses
specified in the treatment plan for each veteran that is approved for
treatment under the pilot program.
Sec. 49.006. PROVISION OF
SERVICES; REIMBURSEMENT. (a) A facility may provide hyperbaric oxygen
treatment under the pilot program to
a veteran who has post-traumatic stress disorder or a traumatic brain
injury if the department approved a treatment plan under Section 49.005 for
the veteran.
(b) A facility that
elects to provide hyperbaric oxygen treatment to a veteran under Subsection
(a) shall provide the treatment without charge to the veteran. A veteran
receiving treatment under the pilot
program is not liable for the cost of treatment or expenses incurred under
the pilot program. The facility may
submit to the department a request for reimbursement from the veterans
recovery account for expenses incurred for the treatment.
(c) A facility that
elects to provide treatment under the pilot
program shall submit to the department regular reports, in the form
prescribed by the department, of the veteran's measured health improvements
under the treatment plan.
(d) The commissioner
shall reimburse a facility for expenses the facility incurred in providing
the hyperbaric oxygen treatment from the veterans recovery account if:
(1) the treatment was
provided according to the treatment plan approved by the department;
(2) the expenses do not
exceed the amount reserved for the treatment under Section 49.005; and
(3) the facility
demonstrates in the reports described by Subsection (c) that the veteran is
making measured health improvements.
(e) If expenses for the
treatment exceed funds reserved for the treatment under Section 49.005, the
state and the veterans recovery account are not liable for the amount in
excess of the reserved funds.
(f) A facility may submit
an updated treatment plan under Section 49.005 to request the reservation
of funds in addition to funds reserved under the original treatment plan.
(g) From money in the
veterans recovery account, the commissioner shall reimburse a veteran
required to travel to obtain treatment under the pilot program for the travel and living expenses approved by
the department in the treatment plan. The expenses may not exceed the
amount reserved for those expenses under Section 49.005.
Sec. 49.007. TERMINATION
OF RESERVATION OF FUNDS. (a) If the facility or veteran fails to request
reimbursement for treatment or for travel and living expenses under the pilot program for at least six months
following the conclusion of treatment, the department shall notify the
facility and the veteran receiving treatment under the facility's treatment
plan that the funding reserved for the treatment and expenses will be
terminated on the 90th day after the date the department provides notice
under this subsection unless the facility or veteran notifies the
department of continued treatment and expenses under the pilot program or requests reimbursement
for the treatment already provided or expenses already incurred under the pilot program.
(b) If a facility or
veteran fails to notify the department of continued treatment and expenses
in the time required under Subsection (a), the commissioner shall terminate
the reservation of funds in the veterans recovery account under the
facility's treatment plan for that veteran.
Sec. 49.008. REPORT. Not
later than October 1 of each even-numbered year, the department shall
submit to the governor, lieutenant governor, speaker of the house of
representatives, and appropriate standing committees of the legislature a
report regarding the pilot program
that includes an evaluation of the effectiveness of the pilot program and the number of veterans
and facilities participating in the pilot
program.
Sec. 49.009. EXPIRATION OF CHAPTER. This chapter expires
September 1, 2021. Any remaining balance in the veterans recovery account
on the expiration of this chapter is transferred to the general revenue
fund.
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