Bill Text: IA HF479 | 2023-2024 | 90th 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 574.)
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2023-03-02 - Committee report approving bill, renumbered as HF 574. [HF479 Detail]
Download: Iowa-2023-HF479-Introduced.html
House
File
479
-
Introduced
HOUSE
FILE
479
BY
GERHOLD
,
JENEARY
,
and
BRADLEY
A
BILL
FOR
An
Act
establishing
a
veterans
recovery
pilot
program
and
fund
1
for
the
reimbursement
of
expenses
related
to
providing
2
hyperbaric
oxygen
treatment
to
eligible
veterans.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
35E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Commission”
means
the
commission
of
veterans
affairs
4
established
in
section
35A.2.
5
2.
“Department”
means
the
Iowa
department
of
veterans
6
affairs
created
in
section
35A.4.
7
3.
“Health
care
practitioner”
means
a
practitioner
as
8
defined
in
section
155A.3.
9
4.
“Hyperbaric
oxygen
treatment”
means
treatment,
including
10
diagnostic
testing
and
other
related
medical
treatments,
for
11
diabetic
foot
ulcers,
traumatic
brain
injury,
or
post-traumatic
12
stress
disorder
prescribed
by
a
health
care
practitioner
that
13
utilizes,
as
part
of
the
treatment,
any
of
the
following:
14
a.
A
hyperbaric
chamber
approved
by
the
United
States
food
15
and
drug
administration.
16
b.
A
hyperbaric
oxygen
device
that
is
approved
by
the
United
17
States
food
and
drug
administration
for
investigational
use
18
under
the
direction
of
an
institutional
review
board
with
a
19
national
clinical
trial
number.
20
5.
“Pilot
program”
means
the
veterans
recovery
pilot
program
21
established
under
this
chapter.
22
6.
“Traumatic
brain
injury”
means
an
acquired
injury
to
the
23
brain.
“Traumatic
brain
injury”
does
not
mean
brain
dysfunction
24
caused
by
congenital
or
degenerative
disorders
or
birth
trauma.
25
7.
“Treatment
facility”
means
a
hospital
as
defined
in
26
section
135B.1,
an
organized
outpatient
health
facility
as
27
defined
in
section
135.61,
or
any
other
facility
that
is
28
authorized
by
the
department
to
provide
hyperbaric
oxygen
29
treatment
under
this
chapter.
30
8.
“Veteran”
means
a
veteran
as
defined
in
section
35.1,
a
31
member
of
the
national
guard
or
reserve
forces
of
the
United
32
States,
and
a
former
member
of
the
national
guard
or
reserve
33
forces
of
the
United
States
who
was
discharged
under
honorable
34
conditions.
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9.
“Veterans
recovery
fund”
means
the
veterans
recovery
fund
1
created
in
section
35E.3.
2
Sec.
2.
NEW
SECTION
.
35E.2
Veterans
recovery
pilot
program
3
——
establishment
——
reports
——
rules.
4
1.
The
department
shall
establish
a
veterans
recovery
pilot
5
program,
subject
to
sufficient
funds
in
the
veterans
recovery
6
fund
to
operate
the
pilot
program,
to
provide
hyperbaric
oxygen
7
treatment
and
support
services
to
eligible
veterans
who
have
8
been
diagnosed
with
a
post-traumatic
stress
disorder
or
a
9
traumatic
brain
injury
pursuant
to
the
requirements
of
this
10
chapter.
11
2.
The
department
shall
adopt
rules
to
implement
and
12
administer
this
chapter.
13
3.
By
October
1
of
each
even-numbered
year,
the
department
14
shall
submit
a
biennial
report
regarding
the
pilot
program
15
that
includes
an
evaluation
of
the
effectiveness
of
the
pilot
16
program
and
the
number
of
veterans
and
treatment
facilities
17
participating
in
the
pilot
program.
18
Sec.
3.
NEW
SECTION
.
35E.3
Veterans
recovery
fund.
19
1.
A
veterans
recovery
fund
is
created
in
the
state
treasury
20
under
the
control
of
the
department.
21
2.
The
fund
shall
consist
of
moneys
appropriated
for
22
purposes
of
the
pilot
program,
and
any
other
devise,
gift,
23
bequest,
donation,
federal
or
other
grant,
reimbursement
of
24
payments
made
by
any
responsible
third-party
payor,
repayment,
25
judgment,
transfer,
or
payment
intended
to
be
used
for
the
26
purposes
of
the
fund.
27
3.
Moneys
in
the
fund
are
appropriated
to
the
department
28
and
may
be
expended
by
the
department
for
any
of
the
following
29
purposes:
30
a.
Expenses
incurred
by
the
department
in
administering
the
31
pilot
program.
32
b.
Expenses
authorized
pursuant
to
a
treatment
plan
approved
33
pursuant
to
section
35E.4
for
hyperbaric
oxygen
treatment
of
a
34
veteran
under
the
pilot
program.
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c.
Expenses
authorized
pursuant
to
a
treatment
plan
approved
1
pursuant
to
section
35E.4
for
any
necessary
travel
and
living
2
expenses
of
a
veteran
required
to
travel
to
obtain
hyperbaric
3
oxygen
treatment
under
the
pilot
program.
4
4.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
5
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
6
Moneys
in
the
fund
may
be
used
for
cash
flow
purposes
during
a
7
fiscal
year
provided
that
any
moneys
so
allocated
are
returned
8
to
the
fund
by
the
end
of
that
fiscal
year.
9
5.
For
purposes
of
section
8.33,
unencumbered
or
10
unobligated
moneys
in
the
fund
shall
not
revert
but
shall
11
remain
available
for
expenditure
for
the
purposes
designated
12
until
June
30,
2029.
Any
unencumbered
or
unobligated
moneys
13
remaining
in
the
fund
as
of
June
30,
2029,
shall
not
revert
but
14
shall
be
transferred
for
deposit
in
the
veterans
trust
fund
15
created
in
section
35A.13.
16
Sec.
4.
NEW
SECTION
.
35E.4
Hyperbaric
oxygen
treatment
——
17
treatment
plan.
18
1.
A
treatment
facility
seeking
reimbursement
for
providing
19
hyperbaric
oxygen
treatment
to
a
veteran
under
the
pilot
20
program
shall,
prior
to
providing
such
treatment,
submit
a
21
proposed
treatment
plan
to
the
department
in
a
manner
as
22
prescribed
by
the
department.
23
2.
The
proposed
treatment
plan
shall
include
the
following
24
information:
25
a.
A
prescription
order
for
hyperbaric
oxygen
treatment
26
issued
by
a
health
care
practitioner.
27
b.
Information
verifying
the
eligibility
of
the
veteran
to
28
receive
treatment
and
that
the
treatment
facility
is
authorized
29
to
provide
hyperbaric
oxygen
treatment.
30
c.
An
estimate
of
the
costs
for
providing
hyperbaric
oxygen
31
treatment
by
the
treatment
facility.
32
d.
An
estimate
of
cost
for
reimbursing
any
necessary
travel
33
and
living
expenses
of
the
veteran
required
to
travel
to
obtain
34
the
hyperbaric
oxygen
treatment.
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e.
Any
other
information
required
by
the
department.
1
3.
Upon
receipt
of
a
proposed
treatment
plan,
the
department
2
and
the
commission
shall
approve
or
disapprove
the
treatment
3
plan
within
a
reasonable
time
as
established
by
rule.
The
4
department
shall
not
approve
the
treatment
plan
if
there
5
is
not
sufficient
money
in
the
veterans
recovery
fund
to
6
reimburse
the
estimate
of
costs
and
expenses
provided
in
the
7
proposed
treatment
plan.
The
department
shall
notify
the
8
treatment
facility
whether
the
treatment
plan
was
approved
or
9
disapproved.
10
4.
A
treatment
facility
may,
following
approval
of
a
11
proposed
treatment
plan,
submit
a
modified
treatment
plan
if
12
actual
expenses
are
anticipated
to
exceed
the
estimated
costs
13
approved
in
the
initial
treatment
plan.
The
department
and
the
14
commission
shall
approve
or
disapprove
the
modified
treatment
15
plan,
subject
to
sufficient
moneys
in
the
veterans
recovery
16
fund
for
the
increased
expenses,
and
shall
notify
the
treatment
17
facility
within
a
reasonable
time
as
established
by
rule
18
whether
the
modified
treatment
plan
was
approved
or
disapproved
19
within
a
reasonable
time
as
established
by
rule.
20
Sec.
5.
NEW
SECTION
.
35E.5
Provision
of
treatment
——
21
reimbursement
of
expenses.
22
1.
A
treatment
facility
shall
receive
reimbursement
of
23
expenses
incurred
in
providing
hyperbaric
oxygen
treatment
24
under
the
pilot
program
to
a
veteran
if
the
department
and
the
25
commission
have
approved
a
treatment
plan
under
section
35E.4
26
for
the
veteran.
27
2.
A
treatment
facility
that
elects
to
provide
hyperbaric
28
oxygen
treatment
to
a
veteran
under
the
pilot
program
shall
29
provide
the
treatment
without
charge
to
the
veteran.
A
veteran
30
receiving
treatment
under
the
pilot
program
is
not
liable
for
31
the
cost
of
treatment
or
expenses
incurred
under
the
pilot
32
program.
33
3.
A
treatment
facility
that
elects
to
provide
treatment
34
under
the
pilot
program
shall
submit
to
the
department
regular
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reports,
in
the
form
prescribed
by
the
department,
of
the
1
veteran’s
measured
health
improvements
under
the
treatment
2
plan
and
whether
treatments
are
continuing
or
have
concluded.
3
If
hyperbaric
oxygen
treatment
has
concluded,
the
treatment
4
facility
shall
indicate
the
date
the
treatment
concluded.
5
4.
A
treatment
facility
providing
hyperbaric
oxygen
6
treatment
under
the
pilot
program
may
submit
a
request
for
7
reimbursement
of
expenses
incurred
by
the
treatment
facility
to
8
the
department.
The
department
shall
approve
the
request
and
9
reimburse
the
expenses
from
the
veterans
recovery
fund
if
all
10
of
the
following
criteria
are
met:
11
a.
The
hyperbaric
oxygen
treatment
was
provided
according
to
12
the
approved
treatment
plan
or
modified
treatment
plan.
13
b.
The
expenses
do
not
exceed
the
estimated
cost
of
the
14
hyperbaric
oxygen
treatment
as
provided
in
the
approved
15
treatment
plan
or
modified
treatment
plan.
16
c.
The
treatment
facility
demonstrates
in
the
reports
17
submitted
to
the
department
as
required
by
subsection
3
that
18
the
veteran
is
making
measured
health
improvements
or
that
19
continuing
treatment
is
recommended.
20
5.
The
department
shall
reimburse
a
veteran
from
moneys
in
21
the
veterans
recovery
fund
for
any
travel
and
living
expenses
22
incurred
by
the
veteran
receiving
hyperbaric
oxygen
treatment
23
under
the
pilot
program
if
the
amount
requested
does
not
exceed
24
the
estimated
cost
of
travel
and
living
expenses
as
provided
in
25
the
approved
treatment
plan
or
modified
treatment
plan.
26
6.
After
six
months
from
the
date
specified
in
the
reports
27
submitted
to
the
department
from
a
treatment
facility
that
28
treatment
has
concluded,
the
department
shall
notify
the
29
treatment
facility
and
veteran
in
writing
of
the
expenses
30
that
have
been
reimbursed
and
whether
the
amounts
reimbursed
31
are
less
than
the
costs
authorized
to
be
reimbursed
pursuant
32
to
an
approved
treatment
plan
or
modified
treatment
plan.
33
The
written
notification
shall
further
notify
the
treatment
34
facility
and
the
veteran
that
any
requests
for
reimbursement
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shall
not
be
authorized
if
a
request
for
reimbursement
is
not
1
submitted
within
ninety
days
after
receiving
the
notice
unless,
2
prior
to
the
ninety
days,
the
treatment
facility
indicates
that
3
treatment
has
not
been
completed.
4
Sec.
6.
NEW
SECTION
.
35E.6
Repeal.
5
This
chapter
is
repealed
July
1,
2029.
6
Sec.
7.
DIRECTIVE
TO
DEPARTMENT
OF
VETERANS
AFFAIRS.
The
7
department
of
veterans
affairs
shall
submit
a
notice
of
8
intended
action
to
the
administrative
rules
coordinator
and
9
the
administrative
code
editor
pursuant
to
section
17A.4,
10
subsection
1,
paragraph
“a”,
not
later
than
January
1,
2024,
11
for
the
adoption
of
rules
to
implement
and
administer
chapter
12
35E
as
enacted
in
this
Act.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
establishes
a
veterans
recovery
pilot
program,
17
administered
by
the
department
of
veterans
affairs
for
the
18
reimbursement
of
expenses
related
to
providing
hyperbaric
19
oxygen
treatment
to
eligible
veterans.
20
New
Code
section
35E.1
establishes
definitions
applicable
21
to
the
new
Code
chapter.
The
bill
includes
definitions
for
22
commission,
department,
health
care
practitioner,
hyperbaric
23
oxygen
treatment,
traumatic
brain
injury,
treatment
facility,
24
and
veteran.
Specifically,
the
bill
defines
hyperbaric
oxygen
25
treatment
as
treatment,
including
diagnostic
testing
and
other
26
related
medical
treatments,
for
diabetic
foot
ulcers,
traumatic
27
brain
injury,
or
post-traumatic
stress
disorder
prescribed
by
a
28
health
care
practitioner
that
utilizes
a
United
States
food
and
29
drug
administration-approved
hyperbaric
chamber
or
hyperbaric
30
oxygen
device.
31
New
Code
section
35E.2
establishes
the
veterans
recovery
32
pilot
program,
subject
to
sufficient
funds
to
operate
the
33
program,
requires
the
department
of
veterans
affairs
to
adopt
34
rules
to
implement
and
administer
the
program,
and
includes
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a
reporting
requirement
for
each
department
concerning
the
1
operation
of
the
pilot
program.
2
New
Code
section
35E.3
creates
a
veterans
recovery
fund
3
in
the
state
treasury
under
the
control
of
the
department
of
4
veterans
affairs.
The
new
Code
section
provides
that
moneys
in
5
the
fund
are
appropriated
to
the
department
of
veterans
affairs
6
to
be
expended
for
expenses
incurred
in
operating
the
program
7
and
for
expenses
authorized
to
be
reimbursed
for
hyperbaric
8
oxygen
treatment
and
any
related
travel
and
living
expenses
9
incurred
by
the
veteran.
The
new
Code
section
provides
that
10
moneys
in
the
fund
shall
not
revert
but
shall
remain
available
11
for
use
until
June
30,
2029.
Any
moneys
remaining
in
the
fund
12
as
of
June
30,
2029,
shall
be
transferred
for
deposit
in
the
13
veterans
trust
fund.
14
New
Code
section
35E.4
provides
for
the
process
for
a
15
treating
facility
to
seek
reimbursement
from
the
veterans
16
recovery
fund
for
providing
hyperbaric
oxygen
treatment.
The
17
bill
provides
that
a
treating
facility
may
submit
a
proposed
18
treatment
plan
to
the
department
of
veterans
affairs
and
19
the
commission
of
veterans
affairs
for
their
approval.
The
20
treatment
plan
shall
include
the
prescription
order
for
the
21
treatment,
information
verifying
the
eligibility
of
the
veteran
22
and
the
treatment
facility
to
provide
the
treatment,
the
23
estimated
costs
for
providing
the
treatment
and
for
reimbursing
24
the
veteran
for
any
associated
travel
and
living
expenses,
and
25
any
other
information
required
by
the
department
of
veterans
26
affairs.
The
new
Code
section
provides
that
the
treatment
27
plan
shall
not
be
approved
if
sufficient
moneys
to
reimburse
28
the
estimated
costs
are
not
available
in
the
veterans
recovery
29
fund.
The
new
Code
section
also
establishes
a
process
for
30
submitting
a
modified
treatment
plan
if
the
estimated
costs
31
for
providing
the
treatment
are
anticipated
to
exceed
the
cost
32
estimate
in
the
initial
treatment
plan.
33
New
Code
section
35E.5
provides
for
requirements
relative
34
to
providing
hyperbaric
oxygen
treatment
and
provides
for
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the
manner
in
which
treatment-related
expenses
are
to
be
1
reimbursed.
The
Code
section
provides
that
a
treatment
2
facility
shall
not
be
reimbursed
for
providing
treatment
3
unless
a
treatment
plan
has
been
approved.
If
a
treatment
4
facility
elects
to
provide
hyperbaric
oxygen
treatment
under
5
the
pilot
program,
the
facility
shall
provide
the
treatment
6
without
charge
to
a
veteran
and
shall
submit
regular
reports
7
to
the
department
of
veterans
affairs
concerning
the
efficacy
8
of
the
treatment
and
on
whether
the
treatments
have
been
9
concluded.
The
new
Code
section
also
provides
for
a
process
10
for
a
treatment
facility
and
a
veteran
to
receive
reimbursement
11
for
expenses
incurred.
The
new
Code
sections
require
the
12
department
of
veterans
affairs
to
provide
written
notification
13
to
the
treatment
facility
and
veteran
after
treatment
has
14
concluded,
which
notice
shall
indicate
when
any
additional
15
requests
for
reimbursement
may
be
made.
16
Code
section
35E.6
provides
that
the
new
Code
chapter
is
17
repealed
July
1,
2029.
18
The
bill
further
directs
the
department
of
veterans
affairs
19
to
submit
a
notice
of
intended
action
to
the
administrative
20
rules
coordinator
and
the
administrative
code
editor
not
later
21
than
January
1,
2024,
for
the
adoption
of
rules
necessary
to
22
implement
and
administer
the
new
Code
chapter.
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