Bill Text: IA HF2045 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans. (See HF 2355.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-27 - Withdrawn. H.J. 425. [HF2045 Detail]
Download: Iowa-2017-HF2045-Introduced.html
House File 2045 - Introduced HOUSE FILE BY PETTENGILL A BILL FOR 1 An Act establishing a veterans recovery pilot program and fund 2 for the reimbursement of expenses related to providing 3 hyperbaric oxygen treatment to eligible veterans. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5363YH (4) 87 ec/rn PAG LIN 1 1 Section 1. NEW SECTION. 35E.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Department" means the Iowa department of veterans 1 5 affairs created in section 35A.4. 1 6 2. "Health care practitioner" means a practitioner as 1 7 defined in section 155A.3. 1 8 3. "Hyperbaric oxygen treatment" means treatment, including 1 9 diagnostic testing and other related medical treatments, for 1 10 traumatic brain injury or post=traumatic stress disorder 1 11 prescribed by a health care practitioner that utilizes, as part 1 12 of the treatment, any of the following: 1 13 a. A hyperbaric chamber approved by the United States food 1 14 and drug administration. 1 15 b. A hyperbaric oxygen device that is approved by the United 1 16 States food and drug administration for investigational use 1 17 under the direction of an institutional review board with a 1 18 national clinical trial number. 1 19 4. "Pilot program" means the veterans recovery pilot program 1 20 established under this chapter. 1 21 5. "Traumatic brain injury" means an acquired injury to the 1 22 brain. "Traumatic brain injury" does not mean brain dysfunction 1 23 caused by congenital or degenerative disorders or birth trauma. 1 24 6. "Treatment facility" means a hospital as defined in 1 25 section 135B.1, an organized outpatient health facility as 1 26 defined in section 135.61, or any other facility that is 1 27 authorized by the department of inspections and appeals to 1 28 provide hyperbaric oxygen treatment under this chapter. 1 29 7. "Veteran" means a veteran as defined in section 35.1, a 1 30 member of the national guard or reserve forces of the United 1 31 States, and a former member of the national guard or reserve 1 32 forces of the United States who was discharged under honorable 1 33 conditions. 1 34 8. "Veterans recovery fund" means the veterans recovery fund 1 35 created in section 35E.3. 2 1 Sec. 2. NEW SECTION. 35E.2 Veterans recovery pilot program 2 2 == establishment == reports == rules. 2 3 1. The department shall establish a veterans recovery pilot 2 4 program, subject to sufficient funds in the veterans recovery 2 5 fund to operate the pilot program, to provide hyperbaric oxygen 2 6 treatment and support services to eligible veterans who have 2 7 been diagnosed with a post=traumatic stress disorder or a 2 8 traumatic brain injury pursuant to the requirements of this 2 9 chapter. 2 10 2. The department, and the department of inspections and 2 11 appeals, shall adopt rules to implement and administer this 2 12 chapter. 2 13 3. By October 1 of each odd=numbered year, the department 2 14 and the department of inspections and appeals shall submit a 2 15 biennial report regarding the pilot program that includes an 2 16 evaluation of the effectiveness of the pilot program and the 2 17 number of veterans and treatment facilities participating in 2 18 the pilot program. 2 19 Sec. 3. NEW SECTION. 35E.3 Veterans recovery fund. 2 20 1. A veterans recovery fund is created in the state treasury 2 21 under the control of the department. 2 22 2. The fund shall consist of moneys appropriated for 2 23 purposes of the pilot program, and any other devise, gift, 2 24 bequest, donation, federal or other grant, reimbursement of 2 25 payments made by any responsible third=party payor, repayment, 2 26 judgment, transfer, or payment intended to be used for the 2 27 purposes of the fund. 2 28 3. Moneys in the fund are appropriated to the department 2 29 and may be expended by the department for any of the following 2 30 purposes: 2 31 a. Expenses incurred by the department and the department of 2 32 inspections and appeals in administering the pilot program. 2 33 b. Expenses authorized pursuant to a treatment plan approved 2 34 pursuant to section 35E.4 for hyperbaric oxygen treatment of a 2 35 veteran under the pilot program. 3 1 c. Expenses authorized pursuant to a treatment plan approved 3 2 pursuant to section 35E.4 for any necessary travel and living 3 3 expenses of a veteran required to travel to obtain hyperbaric 3 4 oxygen treatment under the pilot program. 3 5 4. Notwithstanding section 12C.7, subsection 2, interest or 3 6 earnings on moneys in the fund shall be credited to the fund. 3 7 Moneys in the fund may be used for cash flow purposes during a 3 8 fiscal year provided that any moneys so allocated are returned 3 9 to the fund by the end of that fiscal year. 3 10 5. For purposes of section 8.33, unencumbered or 3 11 unobligated moneys in the fund shall not revert but shall 3 12 remain available for expenditure for the purposes designated 3 13 until June 30, 2024. Any unencumbered or unobligated moneys 3 14 remaining in the fund as of June 30, 2024, shall not revert but 3 15 shall be transferred for deposit in the veterans trust fund 3 16 created in section 35A.13. 3 17 Sec. 4. NEW SECTION. 35E.4 Hyperbaric oxygen treatment == 3 18 treatment plan. 3 19 1. A treatment facility seeking reimbursement for providing 3 20 hyperbaric oxygen treatment to a veteran under the pilot 3 21 program shall, prior to providing such treatment, submit a 3 22 proposed treatment plan to the department of inspections 3 23 and appeals in a manner as prescribed by the department of 3 24 inspections and appeals. 3 25 2. The proposed treatment plan shall include the following 3 26 information: 3 27 a. A prescription order for hyperbaric oxygen treatment 3 28 issued by a health care practitioner. 3 29 b. Information verifying the eligibility of the veteran to 3 30 receive treatment and that the treatment facility is authorized 3 31 to provide hyperbaric oxygen treatment. 3 32 c. An estimate of the costs for providing hyperbaric oxygen 3 33 treatment by the treatment facility. 3 34 d. An estimate of cost for reimbursing any necessary travel 3 35 and living expenses of the veteran required to travel to obtain 4 1 the hyperbaric oxygen treatment. 4 2 e. Any other information required by the department of 4 3 inspections and appeals. 4 4 3. Upon receipt of a proposed treatment plan, the department 4 5 of inspections and appeals shall approve or disapprove the 4 6 treatment plan within a reasonable time as established by rule. 4 7 The department shall not approve the treatment plan if there is 4 8 not sufficient money in the veterans recovery fund to reimburse 4 9 the estimate of costs and expenses provided in the proposed 4 10 treatment plan. The department of inspections and appeals 4 11 shall notify the treatment facility whether the treatment plan 4 12 was approved or disapproved. 4 13 4. A treatment facility may, following approval of a 4 14 proposed treatment plan, submit a modified treatment plan 4 15 if actual expenses are anticipated to exceed the estimated 4 16 costs approved in the initial treatment plan. The department 4 17 of inspections and appeals shall approve or disapprove the 4 18 modified treatment plan, subject to sufficient moneys in the 4 19 veterans recovery fund for the increased expenses, and shall 4 20 notify the treatment facility within a reasonable time as 4 21 established by rule whether the modified treatment plan was 4 22 approved or disapproved within a reasonable time as established 4 23 by rule. 4 24 Sec. 5. NEW SECTION. 35E.5 Provision of treatment == 4 25 reimbursement of expenses. 4 26 1. A treatment facility shall receive reimbursement of 4 27 expenses incurred in providing hyperbaric oxygen treatment 4 28 under the pilot program to a veteran if the department of 4 29 inspections and appeals has approved a treatment plan under 4 30 section 35E.4 for the veteran. 4 31 2. A treatment facility that elects to provide hyperbaric 4 32 oxygen treatment to a veteran under the pilot program shall 4 33 provide the treatment without charge to the veteran. A veteran 4 34 receiving treatment under the pilot program is not liable for 4 35 the cost of treatment or expenses incurred under the pilot 5 1 program. 5 2 3. A treatment facility that elects to provide treatment 5 3 under the pilot program shall submit to the department 5 4 of inspections and appeals regular reports, in the form 5 5 prescribed by the department, of the veteran's measured health 5 6 improvements under the treatment plan and whether treatments 5 7 are continuing or have concluded. If hyperbaric oxygen 5 8 treatment has concluded, the treatment facility shall indicate 5 9 the date the treatment concluded. 5 10 4. A treatment facility providing hyperbaric oxygen 5 11 treatment under the pilot program may submit a request for 5 12 reimbursement of expenses incurred by the treatment facility to 5 13 the department of inspections and appeals. The department of 5 14 inspections and appeals shall approve the request and notify 5 15 the department to reimburse the expenses from the veterans 5 16 recovery fund if all of the following criteria are met: 5 17 a. The hyperbaric oxygen treatment was provided according 5 18 to the treatment plan or modified treatment plan approved by 5 19 the commission. 5 20 b. The expenses do not exceed the estimated cost of the 5 21 hyperbaric oxygen treatment as provided in the approved 5 22 treatment plan or modified treatment plan. 5 23 c. The treatment facility demonstrates in the reports 5 24 submitted to the department of inspections and appeals 5 25 as required by subsection 3 that the veteran is making 5 26 measured health improvements or that continuing treatment is 5 27 recommended. 5 28 5. The department shall reimburse a veteran from moneys in 5 29 the veterans recovery fund for any travel and living expenses 5 30 incurred by the veteran receiving hyperbaric oxygen treatment 5 31 under the pilot program if the amount requested does not exceed 5 32 the estimated cost of travel and living expenses as provided in 5 33 the approved treatment plan or modified treatment plan. 5 34 6. After six months from the date specified in the reports 5 35 submitted to the department of inspections and appeals 6 1 from a treatment facility that treatment has concluded, 6 2 the department of inspections and appeals shall notify the 6 3 treatment facility and veteran in writing of the expenses 6 4 that have been reimbursed and whether the amounts reimbursed 6 5 are less than the costs authorized to be reimbursed pursuant 6 6 to an approved treatment plan or modified treatment plan. 6 7 The written notification shall further notify the treatment 6 8 facility and the veteran that any requests for reimbursement 6 9 shall not be authorized if a request for reimbursement is not 6 10 submitted within ninety days after receiving the notice unless, 6 11 prior to the ninety days, the treatment facility indicates that 6 12 treatment has not been completed. 6 13 Sec. 6. NEW SECTION. 35E.6 Repeal. 6 14 This chapter is repealed July 1, 2024. 6 15 Sec. 7. DIRECTIVE TO DEPARTMENTS OF VETERANS AFFAIRS AND 6 16 INSPECTIONS AND APPEALS. The departments of veterans affairs 6 17 and inspections and appeals shall each submit a notice of 6 18 intended action to the administrative rules coordinator and 6 19 the administrative code editor pursuant to section 17A.4, 6 20 subsection 1, paragraph "a", not later than January 1, 2019, 6 21 for the adoption of rules to implement and administer chapter 6 22 35E as enacted in this Act. 6 23 EXPLANATION 6 24 The inclusion of this explanation does not constitute agreement with 6 25 the explanation's substance by the members of the general assembly. 6 26 This bill establishes a veterans recovery pilot program, 6 27 administered in part by both the departments of veterans 6 28 affairs and inspections and appeals, for the reimbursement of 6 29 expenses related to providing hyperbaric oxygen treatment to 6 30 eligible veterans. 6 31 New Code section 35E.1 establishes definitions applicable 6 32 to the new Code chapter. The bill includes definitions 6 33 for department, health care practitioner, hyperbaric oxygen 6 34 treatment, traumatic brain injury, treatment facility, and 6 35 veteran. Specifically, the bill defines hyperbaric oxygen 7 1 treatment as treatment, including diagnostic testing and other 7 2 related medical treatments, for traumatic brain injury or 7 3 post=traumatic stress disorder prescribed by a health care 7 4 practitioner that utilizes a United States food and drug 7 5 administration=approved hyperbaric chamber or hyperbaric oxygen 7 6 device. 7 7 New Code section 35E.2 establishes the veterans recovery 7 8 pilot program, subject to sufficient funds to operate the 7 9 program, requires the departments of veterans affairs and 7 10 inspections and appeals to adopt rules to implement and 7 11 administer the program, and includes a reporting requirement 7 12 for each department concerning the operation of the pilot 7 13 program. 7 14 New Code section 35E.3 creates a veterans recovery fund 7 15 in the state treasury under the control of the department of 7 16 veterans affairs. The new Code section provides that moneys in 7 17 the fund are appropriated to the department of veterans affairs 7 18 to be expended for expenses incurred in operating the program 7 19 and for expenses authorized to be reimbursed for hyperbaric 7 20 oxygen treatment and any related travel and living expenses 7 21 incurred by the veteran. The new Code section provides that 7 22 moneys in the fund shall not revert but shall remain available 7 23 for use until June 30, 2024. Any moneys remaining in the fund 7 24 as of June 30, 2024, shall be transferred for deposit in the 7 25 veterans trust fund. 7 26 New Code section 35E.4 provides for the process for a 7 27 treating facility to seek reimbursement from the veterans 7 28 recovery fund for providing hyperbaric oxygen treatment. The 7 29 bill provides that a treating facility may submit a proposed 7 30 treatment plan to the department of inspections and appeals 7 31 for their approval. The treatment plan shall include the 7 32 prescription order for the treatment, information verifying 7 33 the eligibility of the veteran and the treatment facility to 7 34 provide the treatment, the estimated costs for providing the 7 35 treatment and for reimbursing the veteran for any associated 8 1 travel and living expenses, and any other information required 8 2 by the department of inspections and appeals. The new Code 8 3 section provides that the treatment plan shall not be approved 8 4 if sufficient moneys to reimburse the estimated costs are not 8 5 available in the veterans recovery fund. The new Code section 8 6 also establishes a process for submitting a modified treatment 8 7 plan if the estimated costs for providing the treatment 8 8 are anticipated to exceed the cost estimate in the initial 8 9 treatment plan. 8 10 New Code section 35E.5 provides for requirements relative 8 11 to providing hyperbaric oxygen treatment and provides for 8 12 the manner in which treatment=related expenses are to be 8 13 reimbursed. The Code section provides that a treatment 8 14 facility shall not be reimbursed for providing treatment 8 15 unless a treatment plan has been approved. If a treatment 8 16 facility elects to provide hyperbaric oxygen treatment under 8 17 the pilot program, the facility shall provide the treatment 8 18 without charge to a veteran and shall submit regular reports 8 19 to the department of inspections and appeals concerning the 8 20 efficacy of the treatment and on whether the treatments have 8 21 been concluded. The new Code section also provides for a 8 22 process for a treatment facility and a veteran to receive 8 23 reimbursement for expenses incurred. The new Code sections 8 24 require the department of inspections and appeals to provide 8 25 written notification to the treatment facility and veteran 8 26 after treatment has concluded, which notice shall indicate when 8 27 any additional requests for reimbursement may be made. 8 28 Code section 35E.6 provides that the new Code chapter is 8 29 repealed July 1, 2024. 8 30 The bill further directs the departments of veterans 8 31 affairs and inspections and appeals to each submit a notice of 8 32 intended action to the administrative rules coordinator and the 8 33 administrative code editor not later than January 1, 2019, for 8 34 the adoption of rules necessary to implement and administer the 8 35 new Code chapter. LSB 5363YH (4) 87 ec/rn
