Bill Text: NY S09303 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a hyperbaric oxygen therapy pilot program to treat veterans suffering from traumatic brain injuries and post-traumatic stress disorder.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-10 - REFERRED TO HEALTH [S09303 Detail]

Download: New_York-2023-S09303-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9303

                    IN SENATE

                                      May 10, 2024
                                       ___________

        Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in  relation  to  establishing  a
          hyperbaric oxygen therapy pilot program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  article
     2  27-CCCC to read as follows:
     3                               ARTICLE 27-CCCC
     4                   HYPERBARIC OXYGEN THERAPY PILOT PROGRAM
     5  Section 2748. Definitions.
     6          2748-a. Hyperbaric oxygen therapy pilot program.
     7          2748-b. Hyperbaric oxygen therapy authorized.
     8    §  2748.  Definitions.  As  used  in this article, the following terms
     9  shall have the following meanings:
    10    1. "Authorized medical professional" shall mean a licensed  physician,
    11  physician's  assistant, nurse practitioner or other licensed health care
    12  practitioner licensed to practice in this state and acting  within  such
    13  professional's scope of practice.
    14    2. "Hyperbaric oxygen therapy" shall mean treatment from an authorized
    15  medical  professional  in  either  a  hyperbaric chamber approved by the
    16  United States food and drug administration, or  similar  device  with  a
    17  United  States  food  and  drug  administration approved investigational
    18  device exemption.
    19    3. "Post-traumatic stress disorder"  shall  mean  a  mental  condition
    20  developed  after  having  experienced  or witnessed a traumatic or life-
    21  threatening event as such terms are defined by the most  recent  edition
    22  of  the diagnostic and statistical manual of mental disorders, published
    23  by the American Psychiatric Association.
    24    4. "Traumatic brain injury" shall have the same meaning as defined  in
    25  subdivision  one of section twenty-seven hundred forty-one of this chap-
    26  ter.
    27    5. "Veteran" shall have the same meaning  as  defined  in  subdivision
    28  three of section one of the veterans' services law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15371-01-4
        S. 9303                             2

     1    § 2748-a. Hyperbaric oxygen therapy pilot program. 1. The commissioner
     2  shall establish a five-year pilot program to provide treatment to veter-
     3  ans  suffering  from  traumatic  brain injuries or post-traumatic stress
     4  disorder by means of hyperbaric oxygen therapy.
     5    2.  The  commissioner  shall  require  providers who are a part of the
     6  hyperbaric oxygen therapy pilot program submit an annual report  to  the
     7  commissioner.  Such  report  shall  include  data analyzing the cost and
     8  efficiency of the hyperbaric oxygen therapy program and any  recommenda-
     9  tions by the provider to improve or expand such hyperbaric oxygen thera-
    10  py pilot program.
    11    3.  On  or  before  December  thirty-first,  two  thousand thirty, the
    12  commissioner shall submit a report to the governor, the temporary presi-
    13  dent of the senate, the speaker of the assembly, the chair of the senate
    14  committee on health, and the chair of the assembly health  committee  on
    15  data  received  pursuant to subdivision two of this section. Such report
    16  shall include an analysis of the cost and efficiency of  the  hyperbaric
    17  oxygen therapy pilot program and the number of veterans receiving treat-
    18  ment through such pilot program.
    19    §  2748-b.  Hyperbaric  oxygen  therapy  authorized. 1. Any authorized
    20  medical professional may prescribe hyperbaric oxygen therapy to a veter-
    21  an diagnosed with a traumatic  brain  injury  or  post-traumatic  stress
    22  disorder.  An  authorized medical professional who prescribes hyperbaric
    23  oxygen therapy shall do so in a manner that complies with accepted stan-
    24  dards of care for hyperbaric oxygen therapy.
    25    2. Any veteran who is a resident of the state of New York and has been
    26  diagnosed with a traumatic brain injury or post-traumatic stress  disor-
    27  der  may  receive  hyperbaric oxygen therapy so long as such therapy has
    28  been prescribed by an authorized medical professional.
    29    § 2. The commissioner of health shall promulgate any  rules  or  regu-
    30  lations necessary for the implementation of this article.
    31    § 3. This act shall take effect immediately.