Bill Text: TX HB271 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the establishment of the Veterans Recovery Pilot Program to provide certain veterans with hyperbaric oxygen treatment.
Spectrum: Slight Partisan Bill (Republican 15-9)
Status: (Passed) 2017-05-29 - Effective on 9/1/17 [HB271 Detail]
Download: Texas-2017-HB271-Enrolled.html
H.B. No. 271 |
|
||
relating to the establishment of the Veterans Recovery Pilot | ||
Program to provide certain veterans with hyperbaric oxygen | ||
treatment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 49 to read as follows: | ||
CHAPTER 49. VETERANS RECOVERY PILOT PROGRAM | ||
Sec. 49.001. DEFINITIONS. In this chapter: | ||
(1) "Facility" includes a hospital, public health | ||
clinic, outpatient health clinic, community health center, and any | ||
other facility authorized under commission rules to provide | ||
hyperbaric oxygen treatment under this chapter. | ||
(2) "Health care practitioner" means a person who is | ||
licensed to provide medical or other health care in this state and | ||
who has prescriptive authority, including a physician. | ||
(3) "Hyperbaric oxygen treatment" means treatment for | ||
post-traumatic stress disorder or a traumatic brain injury | ||
prescribed by a health care practitioner and delivered in: | ||
(A) a hyperbaric chamber approved by the United | ||
States Food and Drug Administration; or | ||
(B) a hyperbaric oxygen device that is approved | ||
by the United States Food and Drug Administration for | ||
investigational use under the direction of an institutional review | ||
board with a national clinical trial number. | ||
(4) "Physician" means a person licensed to practice | ||
medicine by the Texas Medical Board. | ||
(5) "Pilot program" means the Veterans Recovery Pilot | ||
Program established under this chapter. | ||
(6) "Traumatic brain injury" means an acquired injury | ||
to the brain. The term does not include brain dysfunction caused by | ||
congenital or degenerative disorders or birth trauma. | ||
(7) "Veteran" means an individual who has served in: | ||
(A) an active or reserve component of the army, | ||
navy, air force, coast guard, or marine corps of the United States; | ||
or | ||
(B) the Texas National Guard as defined by | ||
Section 431.001(4), Government Code. | ||
Sec. 49.002. ESTABLISHMENT AND OPERATION OF PILOT PROGRAM. | ||
(a) Except as provided by Subsection (b), the commission, using | ||
existing resources, shall establish and operate the Veterans | ||
Recovery Pilot Program to provide diagnostic services, hyperbaric | ||
oxygen treatment, and support services to eligible veterans who | ||
have post-traumatic stress disorder or a traumatic brain injury. | ||
(b) If there is insufficient money in the veterans recovery | ||
account established under Section 49.004 to cover the commission's | ||
expenses in administering the pilot program, the commission may not | ||
operate the pilot program. | ||
(c) The executive commissioner may appoint an advisory | ||
board to assist the commission in developing the pilot program. | ||
Sec. 49.003. RULES. The executive commissioner shall adopt | ||
rules to implement this chapter, including standards for veteran | ||
and facility eligibility under the pilot program and standards to | ||
ensure patient confidentiality is protected under the pilot | ||
program. The standards must require that: | ||
(1) eligible facilities comply with applicable fire | ||
codes, oversight requirements, and any treatment protocols | ||
provided in commission rules; and | ||
(2) eligible participants in the pilot program reside | ||
in this state. | ||
Sec. 49.004. VETERANS RECOVERY ACCOUNT. (a) The veterans | ||
recovery account is a dedicated account in the general revenue | ||
fund. | ||
(b) The veterans recovery account consists of: | ||
(1) gifts, grants, and other donations received for | ||
the account; and | ||
(2) interest earned on the investment of money in the | ||
fund. | ||
(c) Section 403.0956, Government Code, does not apply to the | ||
veterans recovery account. | ||
(d) The executive commissioner shall administer the | ||
veterans recovery account. Money in the account may be used only to | ||
pay for: | ||
(1) expenses of administering the pilot program; | ||
(2) diagnostic testing and treatment of a veteran with | ||
post-traumatic stress disorder or a traumatic brain injury under | ||
the pilot program; and | ||
(3) a veteran's necessary travel and living expenses | ||
for a veteran required to travel to obtain treatment under the pilot | ||
program. | ||
(e) The executive commissioner shall seek reimbursement for | ||
payments made under the pilot program from the TRICARE program of | ||
the United States Department of Defense, appropriate federal | ||
agencies, and any other responsible third party payor. | ||
Sec. 49.005. HYPERBARIC OXYGEN TREATMENT; RESERVATION OF | ||
FUNDS. (a) The executive commissioner by rule shall adopt | ||
standards for the provision of hyperbaric oxygen treatment under | ||
the pilot program to veterans who have been diagnosed with | ||
post-traumatic stress disorder or a traumatic brain injury, have | ||
been prescribed hyperbaric oxygen treatment by a health care | ||
practitioner, and voluntarily agree to treatment under the pilot | ||
program. | ||
(b) A facility providing medical care to a veteran who is | ||
eligible for hyperbaric oxygen treatment under the pilot program | ||
may apply for reimbursement for treatment under the pilot program. | ||
(c) The facility must submit a treatment plan to the | ||
commission before providing treatment under the pilot program. The | ||
treatment plan must include: | ||
(1) a prescription order for hyperbaric oxygen | ||
treatment issued by a health care practitioner; | ||
(2) verification of facility and veteran eligibility; | ||
(3) an estimate of the treatment costs and of the | ||
veteran's necessary travel and living expenses for a veteran | ||
required to travel to obtain the treatment; and | ||
(4) any other information required by the commission. | ||
(d) The commission shall approve or disapprove a treatment | ||
plan within a reasonable time as established by commission rule. | ||
The commission shall notify the facility whether the treatment plan | ||
was approved or disapproved by the commission. | ||
(e) The commission may not approve the provision of | ||
hyperbaric oxygen treatment under the pilot program unless the | ||
facility is in compliance with applicable commission standards and | ||
rules and the veteran is eligible for treatment under the pilot | ||
program. | ||
(f) If there is sufficient money in the veterans recovery | ||
account, the commission shall approve each treatment plan that | ||
meets the requirements of this section and the standards adopted | ||
under this chapter. | ||
(g) The executive commissioner shall reserve in the | ||
veterans recovery account an amount equal to the estimated | ||
treatment costs and necessary travel and living expenses specified | ||
in the treatment plan for each veteran who is approved for treatment | ||
under the pilot program. | ||
Sec. 49.006. PROVISION OF SERVICES; REIMBURSEMENT. (a) A | ||
facility may provide hyperbaric oxygen treatment under the pilot | ||
program to a veteran who has post-traumatic stress disorder or a | ||
traumatic brain injury if the commission approves a treatment plan | ||
under Section 49.005 for the veteran. | ||
(b) A facility that elects to provide hyperbaric oxygen | ||
treatment to a veteran under Subsection (a) shall provide the | ||
treatment without charge to the veteran. A veteran receiving | ||
treatment under the pilot program is not liable for the cost of | ||
treatment or expenses incurred under the pilot program. The | ||
facility may submit to the commission a request for reimbursement | ||
from the veterans recovery account for expenses incurred for the | ||
treatment. | ||
(c) A facility that elects to provide treatment under the | ||
pilot program shall submit to the commission regular reports, in | ||
the form prescribed by the commission, of the veteran's measured | ||
health improvements under the treatment plan. | ||
(d) The executive commissioner shall reimburse a facility | ||
for expenses the facility incurred in providing the hyperbaric | ||
oxygen treatment from the veterans recovery account if: | ||
(1) the treatment was provided according to the | ||
treatment plan approved by the commission; | ||
(2) the expenses do not exceed the amount reserved for | ||
the treatment under Section 49.005; and | ||
(3) the facility demonstrates in the reports described | ||
by Subsection (c) that the veteran is making measured health | ||
improvements. | ||
(e) If expenses for the treatment exceed funds reserved for | ||
the treatment under Section 49.005, the state and the veterans | ||
recovery account are not liable for the amount in excess of the | ||
reserved funds. | ||
(f) A facility may submit a modified treatment plan under | ||
Section 49.005 to request the reservation of funds in addition to | ||
funds reserved under the original treatment plan. | ||
(g) From money in the veterans recovery account, the | ||
executive commissioner shall reimburse a veteran required to travel | ||
to obtain treatment under the pilot program for the travel and | ||
living expenses approved by the commission in the treatment plan. | ||
The expenses may not exceed the amount reserved for those expenses | ||
under Section 49.005. | ||
Sec. 49.007. TERMINATION OF RESERVATION OF FUNDS. (a) If | ||
the facility or veteran fails to request reimbursement for | ||
treatment or for travel and living expenses under the pilot program | ||
for at least six months following the conclusion of treatment, the | ||
commission shall notify the facility and the veteran receiving | ||
treatment under the facility's treatment plan that the funding | ||
reserved for the treatment and expenses will be terminated on the | ||
90th day after the date the commission provides notice under this | ||
subsection unless the facility or veteran notifies the commission | ||
of continued treatment and expenses under the pilot program or | ||
requests reimbursement for the treatment already provided or | ||
expenses already incurred under the pilot program. | ||
(b) If a facility or veteran fails to notify the commission | ||
of continued treatment and expenses in the time required under | ||
Subsection (a), the executive commissioner shall terminate the | ||
reservation of funds in the veterans recovery account under the | ||
facility's treatment plan for that veteran. | ||
Sec. 49.008. REPORT. Not later than October 1 of each | ||
even-numbered year, the commission shall submit to the governor, | ||
lieutenant governor, speaker of the house of representatives, and | ||
appropriate standing committees of the legislature a report | ||
regarding the pilot program that includes an evaluation of the | ||
effectiveness of the pilot program and the number of veterans and | ||
facilities participating in the pilot program. | ||
Sec. 49.009. EXPIRATION OF CHAPTER. This chapter expires | ||
September 1, 2023. Any remaining balance in the veterans recovery | ||
account on the expiration of this chapter is transferred to the | ||
general revenue fund. | ||
SECTION 2. The executive commissioner of the Health and | ||
Human Services Commission shall adopt the rules necessary to | ||
implement Chapter 49, Health and Safety Code, as added by this Act, | ||
not later than January 1, 2018. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 271 was passed by the House on April | ||
12, 2017, by the following vote: Yeas 140, Nays 6, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 271 on May 18, 2017, by the following vote: Yeas 139, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 271 was passed by the Senate, with | ||
amendments, on May 10, 2017, by the following vote: Yeas 29, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |