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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Veterans Recovery Pilot |
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Program to provide certain veterans with hyperbaric oxygen |
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treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 49 to read as follows: |
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CHAPTER 49. VETERANS RECOVERY PILOT PROGRAM |
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Sec. 49.001. DEFINITIONS. In this chapter: |
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(1) "Facility" includes a hospital, public health |
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clinic, outpatient health clinic, community health center, and any |
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other facility authorized under commission rules to provide |
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hyperbaric oxygen treatment under this chapter. |
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(2) "Health care practitioner" means a person who is |
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licensed to provide medical or other health care in this state and |
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who has prescriptive authority, including a physician. |
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(3) "Hyperbaric oxygen treatment" means treatment for |
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traumatic brain injury or post-traumatic stress disorder |
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prescribed by a health care practitioner and delivered in: |
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(A) a hyperbaric chamber approved by the United |
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States Food and Drug Administration; or |
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(B) a hyperbaric oxygen device that is approved |
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by the United States Food and Drug Administration for |
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investigational use under the direction of an institutional review |
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board with a national clinical trial number. |
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(4) "Physician" means a person licensed to practice |
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medicine by the Texas Medical Board. |
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(5) "Pilot program" means the Veterans Recovery Pilot |
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Program established under this chapter. |
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(6) "Traumatic brain injury" means an acquired injury |
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to the brain. The term does not include brain dysfunction caused by |
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congenital or degenerative disorders or birth trauma. |
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(7) "Veteran" means an individual who has served in: |
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(A) the army, navy, air force, coast guard, or |
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marine corps of the United States; |
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(B) the state military forces as defined by |
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Section 431.001, Government Code; or |
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(C) an auxiliary service of one of the armed |
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forces described in Paragraphs (A) and (B). |
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Sec. 49.002. ESTABLISHMENT AND OPERATION OF PILOT PROGRAM. |
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(a) Except as provided by Subsection (b), the commission, using |
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existing resources, shall establish and operate the Veterans |
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Recovery Pilot Program to provide diagnostic services, hyperbaric |
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oxygen treatment, and support services to eligible veterans who |
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have post-traumatic stress disorder or a traumatic brain injury. |
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(b) If there is insufficient money in the veterans recovery |
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account established under Section 49.004 to cover the commission's |
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expenses in administering the pilot program, the commission may not |
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operate the pilot program. |
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(c) The executive commissioner may appoint an advisory |
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board to assist the commission in developing the pilot program. |
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Sec. 49.003. RULES. The executive commissioner shall adopt |
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rules to implement this chapter, including standards for veteran |
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and facility eligibility under the pilot program and standards to |
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ensure patient confidentiality is protected under the pilot |
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program. The standards must require that: |
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(1) eligible facilities comply with applicable fire |
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codes, oversight requirements, and any treatment protocols |
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provided in commission rules; and |
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(2) eligible participants in the pilot program reside |
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in this state. |
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Sec. 49.004. VETERANS RECOVERY ACCOUNT. (a) The veterans |
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recovery account is a dedicated account in the general revenue |
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fund. |
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(b) The veterans recovery account consists of: |
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(1) gifts, grants, and other donations received for |
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the account; and |
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(2) interest earned on the investment of money in the |
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fund. |
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(c) Section 403.071, Government Code, does not apply to the |
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veterans recovery account. |
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(d) The executive commissioner shall administer the |
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veterans recovery account. Money in the account may be used only to |
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pay for: |
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(1) expenses of administering the pilot program; |
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(2) diagnostic testing and treatment of a veteran with |
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post-traumatic stress disorder or a traumatic brain injury under |
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the pilot program; and |
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(3) a veteran's necessary travel and living expenses |
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for a veteran required to travel to obtain treatment under the pilot |
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program. |
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(e) The executive commissioner shall seek reimbursement for |
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payments made under the pilot program from the TRICARE program of |
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the United States Department of Defense, appropriate federal |
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agencies, and any other responsible third party payor. |
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Sec. 49.005. HYPERBARIC OXYGEN TREATMENT; RESERVATION OF |
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FUNDS. (a) The executive commissioner by rule shall adopt |
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standards for the provision of hyperbaric oxygen treatment under |
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the pilot program to veterans who have been diagnosed with |
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post-traumatic stress disorder or a traumatic brain injury, have |
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been prescribed hyperbaric oxygen treatment by a health care |
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practitioner, and voluntarily agree to treatment under the pilot |
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program. |
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(b) A facility providing medical care to a veteran who is |
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eligible for hyperbaric oxygen treatment under the pilot program |
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may apply for reimbursement for treatment under the pilot program. |
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(c) The facility must submit a treatment plan to the |
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commission before providing treatment under the pilot program. The |
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treatment plan must include: |
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(1) a prescription order for hyperbaric oxygen |
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treatment issued by a health care practitioner; |
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(2) verification of facility and veteran eligibility; |
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(3) an estimate of the treatment costs and of the |
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veteran's necessary travel and living expenses for a veteran |
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required to travel to obtain the treatment; and |
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(4) any other information required by the commission. |
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(d) The commission shall approve or disapprove a treatment |
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plan within a reasonable time as established by commission rule. |
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The commission shall notify the facility whether the treatment plan |
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was approved or disapproved by the commission. |
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(e) The commission may not approve the provision of |
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hyperbaric oxygen treatment under the pilot program unless the |
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facility is in compliance with applicable commission standards and |
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rules and the veteran is eligible for treatment under the pilot |
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program. |
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(f) If there is sufficient money in the veterans recovery |
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account, the commission shall approve each treatment plan that |
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meets the requirements of this section and the standards adopted |
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under this chapter. |
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(g) The executive commissioner shall reserve in the |
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veterans recovery account an amount equal to the estimated |
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treatment costs and necessary travel and living expenses specified |
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in the treatment plan for each veteran that is approved for |
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treatment under the pilot program. |
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Sec. 49.006. PROVISION OF SERVICES; REIMBURSEMENT. (a) A |
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facility may provide hyperbaric oxygen treatment under the pilot |
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program to a veteran who has post-traumatic stress disorder or a |
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traumatic brain injury if the commission approved a treatment plan |
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under Section 49.005 for the veteran. |
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(b) A facility that elects to provide hyperbaric oxygen |
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treatment to a veteran under Subsection (a) shall provide the |
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treatment without charge to the veteran. A veteran receiving |
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treatment under the pilot program is not liable for the cost of |
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treatment or expenses incurred under the pilot program. The |
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facility may submit to the commission a request for reimbursement |
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from the veterans recovery account for expenses incurred for the |
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treatment. |
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(c) A facility that elects to provide treatment under the |
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pilot program shall submit to the commission regular reports, in |
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the form prescribed by the commission, of the veteran's measured |
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health improvements under the treatment plan. |
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(d) The executive commissioner shall reimburse a facility |
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for expenses the facility incurred in providing the hyperbaric |
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oxygen treatment from the veterans recovery account if: |
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(1) the treatment was provided according to the |
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treatment plan approved by the commission; |
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(2) the expenses do not exceed the amount reserved for |
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the treatment under Section 49.005; and |
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(3) the facility demonstrates in the reports described |
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by Subsection (c) that the veteran is making measured health |
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improvements. |
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(e) If expenses for the treatment exceed funds reserved for |
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the treatment under Section 49.005, the state and the veterans |
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recovery account are not liable for the amount in excess of the |
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reserved funds. |
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(f) A facility may submit a modified treatment plan under |
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Section 49.005 to request the reservation of funds in addition to |
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funds reserved under the original treatment plan. |
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(g) From money in the veterans recovery account, the |
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executive commissioner shall reimburse a veteran required to travel |
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to obtain treatment under the pilot program for the travel and |
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living expenses approved by the commission in the treatment plan. |
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The expenses may not exceed the amount reserved for those expenses |
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under Section 49.005. |
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Sec. 49.007. TERMINATION OF RESERVATION OF FUNDS. (a) If |
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the facility or veteran fails to request reimbursement for |
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treatment or for travel and living expenses under the pilot program |
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for at least six months following the conclusion of treatment, the |
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commission shall notify the facility and the veteran receiving |
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treatment under the facility's treatment plan that the funding |
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reserved for the treatment and expenses will be terminated on the |
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90th day after the date the commission provides notice under this |
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subsection unless the facility or veteran notifies the commission |
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of continued treatment and expenses under the pilot program or |
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requests reimbursement for the treatment already provided or |
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expenses already incurred under the pilot program. |
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(b) If a facility or veteran fails to notify the commission |
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of continued treatment and expenses in the time required under |
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Subsection (a), the executive commissioner shall terminate the |
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reservation of funds in the veterans recovery account under the |
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facility's treatment plan for that veteran. |
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Sec. 49.008. REPORT. Not later than October 1 of each |
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even-numbered year, the commission shall submit to the governor, |
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lieutenant governor, speaker of the house of representatives, and |
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appropriate standing committees of the legislature a report |
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regarding the pilot program that includes an evaluation of the |
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effectiveness of the pilot program and the number of veterans and |
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facilities participating in the pilot program. |
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Sec. 49.009. EXPIRATION OF CHAPTER. This chapter expires |
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September 1, 2023. Any remaining balance in the veterans recovery |
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account on the expiration of this chapter is transferred to the |
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general revenue fund. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules necessary to |
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implement Chapter 49, Health and Safety Code, as added by this Act, |
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not later than January 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |