Bill Text: IA HF2355 | 2017-2018 | 87th General Assembly | Amended
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. (Formerly HF 2045.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-22 - Placed on calendar under unfinished business. S.J. 753. [HF2355 Detail]
Download: Iowa-2017-HF2355-Amended.html
House File 2355 - Reprinted HOUSE FILE BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HF 2045) (As Amended and Passed by the House February 27, 2018) 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: HF 2355 (3) 87 ec/rn/md 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. "Commission" means the commission of veterans affairs 1 5 established in section 35A.2. 1 6 2. "Department" means the Iowa department of veterans 1 7 affairs created in section 35A.4. 1 8 3. "Health care practitioner" means a practitioner as 1 9 defined in section 155A.3. 1 10 4. "Hyperbaric oxygen treatment" means treatment, including 1 11 diagnostic testing and other related medical treatments, for 1 12 traumatic brain injury or post=traumatic stress disorder 1 13 prescribed by a health care practitioner that utilizes, as part 1 14 of the treatment, any of the following: 1 15 a. A hyperbaric chamber approved by the United States food 1 16 and drug administration. 1 17 b. A hyperbaric oxygen device that is approved by the United 1 18 States food and drug administration for investigational use 1 19 under the direction of an institutional review board with a 1 20 national clinical trial number. 1 21 5. "Pilot program" means the veterans recovery pilot program 1 22 established under this chapter. 1 23 6. "Traumatic brain injury" means an acquired injury to the 1 24 brain. "Traumatic brain injury" does not mean brain dysfunction 1 25 caused by congenital or degenerative disorders or birth trauma. 1 26 7. "Treatment facility" means a hospital as defined in 1 27 section 135B.1, an organized outpatient health facility as 1 28 defined in section 135.61, or any other facility that is 1 29 authorized by the department to provide hyperbaric oxygen 1 30 treatment under this chapter. 1 31 8. "Veteran" means a veteran as defined in section 35.1, a 1 32 member of the national guard or reserve forces of the United 1 33 States, and a former member of the national guard or reserve 1 34 forces of the United States who was discharged under honorable 1 35 conditions. 2 1 9. "Veterans recovery fund" means the veterans recovery fund 2 2 created in section 35E.3. 2 3 Sec. 2. NEW SECTION. 35E.2 Veterans recovery pilot program 2 4 == establishment == reports == rules. 2 5 1. The department shall establish a veterans recovery pilot 2 6 program, subject to sufficient funds in the veterans recovery 2 7 fund to operate the pilot program, to provide hyperbaric oxygen 2 8 treatment and support services to eligible veterans who have 2 9 been diagnosed with a post=traumatic stress disorder or a 2 10 traumatic brain injury pursuant to the requirements of this 2 11 chapter. 2 12 2. The department shall adopt rules to implement and 2 13 administer this chapter. 2 14 3. By October 1 of each odd=numbered year, the department 2 15 shall submit a biennial report regarding the pilot program 2 16 that includes an evaluation of the effectiveness of the pilot 2 17 program and the number of veterans and treatment facilities 2 18 participating in 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 in administering the 2 32 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 in a manner as 3 23 prescribed by the department. 3 24 2. The proposed treatment plan shall include the following 3 25 information: 3 26 a. A prescription order for hyperbaric oxygen treatment 3 27 issued by a health care practitioner. 3 28 b. Information verifying the eligibility of the veteran to 3 29 receive treatment and that the treatment facility is authorized 3 30 to provide hyperbaric oxygen treatment. 3 31 c. An estimate of the costs for providing hyperbaric oxygen 3 32 treatment by the treatment facility. 3 33 d. An estimate of cost for reimbursing any necessary travel 3 34 and living expenses of the veteran required to travel to obtain 3 35 the hyperbaric oxygen treatment. 4 1 e. Any other information required by the department. 4 2 3. Upon receipt of a proposed treatment plan, the department 4 3 and the commission shall approve or disapprove the treatment 4 4 plan within a reasonable time as established by rule. The 4 5 department shall not approve the treatment plan if there 4 6 is not sufficient money in the veterans recovery fund to 4 7 reimburse the estimate of costs and expenses provided in the 4 8 proposed treatment plan. The department shall notify the 4 9 treatment facility whether the treatment plan was approved or 4 10 disapproved. 4 11 4. A treatment facility may, following approval of a 4 12 proposed treatment plan, submit a modified treatment plan if 4 13 actual expenses are anticipated to exceed the estimated costs 4 14 approved in the initial treatment plan. The department and the 4 15 commission shall approve or disapprove the modified treatment 4 16 plan, subject to sufficient moneys in the veterans recovery 4 17 fund for the increased expenses, and shall notify the treatment 4 18 facility within a reasonable time as established by rule 4 19 whether the modified treatment plan was approved or disapproved 4 20 within a reasonable time as established by rule. 4 21 Sec. 5. NEW SECTION. 35E.5 Provision of treatment == 4 22 reimbursement of expenses. 4 23 1. A treatment facility shall receive reimbursement of 4 24 expenses incurred in providing hyperbaric oxygen treatment 4 25 under the pilot program to a veteran if the department and the 4 26 commission have approved a treatment plan under section 35E.4 4 27 for the veteran. 4 28 2. A treatment facility that elects to provide hyperbaric 4 29 oxygen treatment to a veteran under the pilot program shall 4 30 provide the treatment without charge to the veteran. A veteran 4 31 receiving treatment under the pilot program is not liable for 4 32 the cost of treatment or expenses incurred under the pilot 4 33 program. 4 34 3. A treatment facility that elects to provide treatment 4 35 under the pilot program shall submit to the department regular 5 1 reports, in the form prescribed by the department, of the 5 2 veteran's measured health improvements under the treatment 5 3 plan and whether treatments are continuing or have concluded. 5 4 If hyperbaric oxygen treatment has concluded, the treatment 5 5 facility shall indicate the date the treatment concluded. 5 6 4. A treatment facility providing hyperbaric oxygen 5 7 treatment under the pilot program may submit a request for 5 8 reimbursement of expenses incurred by the treatment facility to 5 9 the department. The department shall approve the request and 5 10 reimburse the expenses from the veterans recovery fund if all 5 11 of the following criteria are met: 5 12 a. The hyperbaric oxygen treatment was provided according to 5 13 the approved treatment plan or modified treatment plan. 5 14 b. The expenses do not exceed the estimated cost of the 5 15 hyperbaric oxygen treatment as provided in the approved 5 16 treatment plan or modified treatment plan. 5 17 c. The treatment facility demonstrates in the reports 5 18 submitted to the department as required by subsection 3 that 5 19 the veteran is making measured health improvements or that 5 20 continuing treatment is recommended. 5 21 5. The department shall reimburse a veteran from moneys in 5 22 the veterans recovery fund for any travel and living expenses 5 23 incurred by the veteran receiving hyperbaric oxygen treatment 5 24 under the pilot program if the amount requested does not exceed 5 25 the estimated cost of travel and living expenses as provided in 5 26 the approved treatment plan or modified treatment plan. 5 27 6. After six months from the date specified in the reports 5 28 submitted to the department from a treatment facility that 5 29 treatment has concluded, the department shall notify the 5 30 treatment facility and veteran in writing of the expenses 5 31 that have been reimbursed and whether the amounts reimbursed 5 32 are less than the costs authorized to be reimbursed pursuant 5 33 to an approved treatment plan or modified treatment plan. 5 34 The written notification shall further notify the treatment 5 35 facility and the veteran that any requests for reimbursement 6 1 shall not be authorized if a request for reimbursement is not 6 2 submitted within ninety days after receiving the notice unless, 6 3 prior to the ninety days, the treatment facility indicates that 6 4 treatment has not been completed. 6 5 Sec. 6. NEW SECTION. 35E.6 Repeal. 6 6 This chapter is repealed July 1, 2024. 6 7 Sec. 7. DIRECTIVE TO DEPARTMENT OF VETERANS AFFAIRS. The 6 8 department of veterans affairs shall submit a notice of 6 9 intended action to the administrative rules coordinator and 6 10 the administrative code editor pursuant to section 17A.4, 6 11 subsection 1, paragraph "a", not later than January 1, 2019, 6 12 for the adoption of rules to implement and administer chapter 6 13 35E as enacted in this Act. HF 2355 (3) 87 ec/rn/md
