| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of the Veterans Recovery Pilot |
|
|
Program to provide certain veterans with hyperbaric oxygen |
|
|
treatment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
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. This chapter expires |
|
|
September 1, 2023. Any remaining balance in the veterans recovery |
|
|
account on the expiration of this chapter is transferred to the |
|
|
general revenue fund. |
|
|
SECTION 2. The executive commissioner of the Health and |
|
|
Human Services Commission shall adopt the rules necessary to |
|
|
implement Chapter 49, Health and Safety Code, as added by this Act, |
|
|
not later than January 1, 2018. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |