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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 the armed forces described in Paragraphs (A) and (B).
Sec. 49.002.
ESTABLISHMENT AND OPERATION OF PILOT PROGRAM. (a) Except as provided by
Subsection (b), the department,
using existing resources, 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) If there is
insufficient money in the veterans recovery account established under
Section 49.004 to cover the department's
expenses in administering the pilot program, the department may not operate the pilot program.
(c) 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 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
a modified 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.
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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 commission 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 the armed forces described in Paragraphs (A) and (B).
Sec. 49.002.
ESTABLISHMENT AND OPERATION OF PILOT PROGRAM. (a) Except as provided by
Subsection (b), the commission,
using existing resources, 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) If there is
insufficient money in the veterans recovery account established under
Section 49.004 to cover the commission's
expenses in administering the pilot program, the commission may not operate the pilot program.
(c) The executive commissioner may appoint an
advisory board to assist the commission
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 commission
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 executive 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 executive commissioner shall seek
reimbursement for payments made under the pilot program from 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 commission
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 commission.
(d) The commission shall approve or disapprove
a treatment plan within a reasonable time as established by commission rule. The commission shall notify the facility
whether the treatment plan was approved or disapproved by the commission.
(e) The commission may not approve the
provision of hyperbaric oxygen treatment under the pilot program unless the
facility is in compliance with applicable commission
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 commission shall approve each treatment
plan that meets the requirements of this section and the standards adopted
under this chapter.
(g) The executive 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 commission 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 commission 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 commission regular reports, in the form
prescribed by the commission, of
the veteran's measured health improvements under the treatment plan.
(d) The executive 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 commission;
(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
a modified 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 executive
commissioner shall reimburse a veteran required to travel to obtain
treatment under the pilot program for the travel and living expenses approved
by the commission 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 commission 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 commission provides notice under this
subsection unless the facility or veteran notifies the commission 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 commission
of continued treatment and expenses in the time required under Subsection
(a), the executive 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 commission 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.
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