| 1 | 1 | | House File 518 - Introduced HOUSE FILE 518 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HF 326) 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 and making 3 appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1790HV (2) 91 sc/js |
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| 3 | 3 | | H.F. 518 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 section 35E.2. 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 10A.711, 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. 35 -1- LSB 1790HV (2) 91 sc/js 1/ 8 |
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| 5 | 5 | | H.F. 518 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 moneys 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 to the general assembly a biennial report 15 regarding the pilot program that includes an evaluation of the 16 effectiveness of the pilot program and the number of veterans 17 and treatment facilities 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. 35 -2- LSB 1790HV (2) 91 sc/js 2/ 8 |
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| 7 | 7 | | H.F. 518 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, 2031. Any unencumbered or unobligated moneys 13 remaining in the fund as of June 30, 2031, 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. 35 -3- LSB 1790HV (2) 91 sc/js 3/ 8 |
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| 9 | 9 | | H.F. 518 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 moneys in 5 the veterans recovery fund are not sufficient to reimburse the 6 estimated costs and expenses provided in the proposed treatment 7 plan. The department shall notify the treatment facility 8 whether the treatment plan was approved or disapproved. 9 4. A treatment facility may, following approval of a 10 proposed treatment plan, submit a modified treatment plan if 11 actual expenses are anticipated to exceed the estimated costs 12 approved in the initial treatment plan. The department and the 13 commission shall approve or disapprove the modified treatment 14 plan, subject to sufficient moneys in the veterans recovery 15 fund for the increased expenses, and shall notify the treatment 16 facility within a reasonable time as established by rule 17 whether the modified treatment plan was approved or disapproved 18 within a reasonable time as established by rule. 19 Sec. 5. NEW SECTION . 35E.5 Provision of treatment 20 reimbursement of expenses. 21 1. A treatment facility shall receive reimbursement of 22 expenses incurred in providing hyperbaric oxygen treatment 23 under the pilot program to a veteran if the department and the 24 commission have approved a treatment plan under section 35E.4 25 for the veteran. 26 2. A treatment facility that elects to provide hyperbaric 27 oxygen treatment to a veteran under the pilot program shall 28 provide the treatment without charge to the veteran. A veteran 29 receiving treatment under the pilot program is not liable for 30 the cost of treatment or expenses incurred under the pilot 31 program. 32 3. A treatment facility that elects to provide treatment 33 under the pilot program shall submit to the department regular 34 reports, in the form prescribed by the department, of the 35 -4- LSB 1790HV (2) 91 sc/js 4/ 8 |
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| 11 | 11 | | H.F. 518 veterans measured health improvements under the treatment 1 plan and whether treatments are continuing or have concluded. 2 If hyperbaric oxygen treatment has concluded, the treatment 3 facility shall indicate the date the treatment concluded. 4 4. A treatment facility providing hyperbaric oxygen 5 treatment under the pilot program may submit a request for 6 reimbursement of expenses incurred by the treatment facility to 7 the department. The department shall approve the request and 8 reimburse the expenses from the veterans recovery fund if all 9 of the following criteria are met: 10 a. The hyperbaric oxygen treatment was provided according to 11 the approved treatment plan or modified treatment plan. 12 b. The expenses do not exceed the estimated cost of the 13 hyperbaric oxygen treatment as provided in the approved 14 treatment plan or modified treatment plan. 15 c. The treatment facility demonstrates in the reports 16 submitted to the department as required by subsection 3 that 17 the veteran is making measured health improvements or that 18 continuing treatment is recommended. 19 5. The department shall reimburse a veteran from moneys in 20 the veterans recovery fund for any travel and living expenses 21 incurred by the veteran receiving hyperbaric oxygen treatment 22 under the pilot program if the amount requested does not exceed 23 the estimated cost of travel and living expenses as provided in 24 the approved treatment plan or modified treatment plan. 25 6. After six months from the date specified in the reports 26 submitted to the department from a treatment facility that 27 treatment has concluded, the department shall notify the 28 treatment facility and veteran in writing of the expenses 29 that have been reimbursed and whether the amounts reimbursed 30 are less than the costs authorized to be reimbursed pursuant 31 to an approved treatment plan or modified treatment plan. 32 The written notification shall further notify the treatment 33 facility and the veteran that any requests for reimbursement 34 shall not be authorized if a request for reimbursement is not 35 -5- LSB 1790HV (2) 91 sc/js 5/ 8 |
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| 13 | 13 | | H.F. 518 submitted within ninety days after receiving the notice unless, 1 prior to the ninety days, the treatment facility indicates that 2 treatment has not been completed. 3 Sec. 6. NEW SECTION . 35E.6 Repeal. 4 This chapter is repealed July 1, 2031. 5 Sec. 7. DIRECTIVE TO DEPARTMENT OF VETERANS AFFAIRS. The 6 department of veterans affairs shall submit a notice of 7 intended action to the administrative rules coordinator and 8 the administrative code editor pursuant to section 17A.4, 9 subsection 1, paragraph a, not later than January 1, 2026, 10 for the adoption of rules to implement and administer chapter 11 35E as enacted in this Act. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanations substance by the members of the general assembly. 15 This bill establishes a veterans recovery pilot program, 16 administered by the department of veterans affairs for the 17 reimbursement of expenses related to providing hyperbaric 18 oxygen treatment to eligible veterans. 19 New Code section 35E.1 establishes definitions applicable to 20 the new Code chapter, including definitions for commission, 21 department, health care practitioner, hyperbaric oxygen 22 treatment, traumatic brain injury, treatment facility, and 23 veteran. Specifically, the bill defines hyperbaric oxygen 24 treatment as treatment, including diagnostic testing and other 25 related medical treatments, for diabetic foot ulcers, traumatic 26 brain injury, or post-traumatic stress disorder prescribed by a 27 health care practitioner that utilizes a United States food and 28 drug administration-approved hyperbaric chamber or hyperbaric 29 oxygen device. 30 New Code section 35E.2 establishes the veterans recovery 31 pilot program, subject to sufficient moneys to operate the 32 program, requires the department of veterans affairs to adopt 33 rules to implement and administer the program, and includes a 34 reporting requirement for the department of veterans affairs 35 -6- LSB 1790HV (2) 91 sc/js 6/ 8 |
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| 15 | 15 | | H.F. 518 concerning the operation of the pilot program. 1 New Code section 35E.3 creates a veterans recovery fund 2 in the state treasury under the control of the department of 3 veterans affairs. The new Code section provides that moneys in 4 the fund are appropriated to the department of veterans affairs 5 to be expended for expenses incurred in operating the program 6 and for expenses authorized to be reimbursed for hyperbaric 7 oxygen treatment and any related travel and living expenses 8 incurred by the veteran. The new Code section provides that 9 moneys in the fund shall not revert but shall remain available 10 for use until June 30, 2031. Any moneys remaining in the fund 11 as of June 30, 2031, shall be transferred for deposit in the 12 veterans trust fund. 13 New Code section 35E.4 provides for the process for a 14 treating facility to seek reimbursement from the veterans 15 recovery fund for providing hyperbaric oxygen treatment. The 16 bill provides that a treating facility may submit a proposed 17 treatment plan to the department of veterans affairs and 18 the commission of veterans affairs for their approval. The 19 treatment plan shall include the prescription order for the 20 treatment, information verifying the eligibility of the veteran 21 to receive and the treatment facility to provide the treatment, 22 the estimated costs for providing the treatment and for 23 reimbursing the veteran for any associated travel and living 24 expenses, and any other information required by the department 25 of veterans affairs. The new Code section provides that the 26 treatment plan shall not be approved if sufficient moneys to 27 reimburse the estimated costs are not available in the veterans 28 recovery fund. The new Code section also establishes a process 29 for submitting a modified treatment plan if the estimated costs 30 for providing the treatment are anticipated to exceed the cost 31 estimate in the initial treatment plan. 32 New Code section 35E.5 provides for requirements relative 33 to providing hyperbaric oxygen treatment and provides for 34 the manner in which treatment-related expenses are to be 35 -7- LSB 1790HV (2) 91 sc/js 7/ 8 |
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| 17 | 17 | | H.F. 518 reimbursed. The Code section provides that a treatment 1 facility shall not be reimbursed for providing treatment unless 2 a treatment plan has been approved. If a treatment facility 3 elects to provide hyperbaric oxygen treatment under the pilot 4 program, the facility shall provide the treatment without 5 charge to a veteran and shall submit regular reports to the 6 department of veterans affairs concerning the efficacy of the 7 treatment and whether the treatments have been concluded. The 8 new Code section also provides for a process for a treatment 9 facility and a veteran to receive reimbursement for expenses 10 incurred. The new Code sections require the department 11 of veterans affairs to provide written notification to the 12 treatment facility and veteran after treatment has concluded, 13 which notice shall indicate when any additional requests for 14 reimbursement may be made. 15 New Code section 35E.6 provides that the new Code chapter is 16 repealed July 1, 2031. 17 The bill further directs the department of veterans affairs 18 to submit a notice of intended action to the administrative 19 rules coordinator and the administrative code editor not later 20 than January 1, 2026, for the adoption of rules necessary to 21 implement and administer the new Code chapter. 22 -8- LSB 1790HV (2) 91 sc/js 8/ 8 |
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