Texas 2015 - 84th Regular

Texas House Bill HB390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2315 SCL-D
2	2	By: White of Tyler H.B. No. 390
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Veterans Recovery Program to
8	8	provide certain veterans with hyperbaric oxygen treatment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 49 to read as follows:
12	12	CHAPTER 49. VETERANS RECOVERY PROGRAM
13	13	Sec. 49.001. DEFINITIONS. In this chapter:
14	14	(1) "Commissioner" means the commissioner of state
15	15	health services.
16	16	(2) "Department" means the Department of State Health
17	17	Services.
18	18	(3) "Executive commissioner" means the executive
19	19	commissioner of the Health and Human Services Commission.
20	20	(4) "Facility" includes a hospital, public health
21	21	clinic, outpatient health clinic, community health center, and any
22	22	other facility authorized under department rules to provide
23	23	hyperbaric oxygen treatment under this chapter.
24	24	(5) "Health care practitioner" means a person who is
25	25	licensed to provide medical or other health care in this state and
26	26	who has prescriptive authority, including a physician.
27	27	(6) "Hyperbaric oxygen treatment" means treatment for
28	28	traumatic brain injury or post-traumatic stress disorder
29	29	prescribed by a health care practitioner and delivered in:
30	30	(A) a hyperbaric chamber approved by the United
31	31	States Food and Drug Administration; or
32	32	(B) a hyperbaric oxygen device that is approved
33	33	by the United States Food and Drug Administration for
34	34	investigational use under the direction of an institutional review
35	35	board with a national clinical trial number.
36	36	(7) "Physician" means a person licensed to practice
37	37	medicine by the Texas Medical Board.
38	38	(8) "Program" means the Veterans Recovery Program
39	39	established under this chapter.
40	40	(9) "Traumatic brain injury" means an acquired injury
41	41	to the brain. The term does not include brain dysfunction caused by
42	42	congenital or degenerative disorders or birth trauma.
43	43	(10) "Veteran" means an individual who has served in:
44	44	(A) the army, navy, air force, coast guard, or
45	45	marine corps of the United States;
46	46	(B) the state military forces as defined by
47	47	Section 431.001, Government Code; or
48	48	(C) an auxiliary service of one of those branches
49	49	of the armed forces.
50	50	Sec. 49.002. ESTABLISHMENT AND OPERATION OF PROGRAM. (a)
51	51	The department shall establish and operate the Veterans Recovery
52	52	Program to provide diagnostic services, hyperbaric oxygen
53	53	treatment, and support services to eligible veterans who have
54	54	post-traumatic stress disorder or a traumatic brain injury.
55	55	(b) The commissioner may appoint an advisory board to assist
56	56	the department in developing the program.
57	57	Sec. 49.003. RULES. The executive commissioner shall adopt
58	58	rules to implement this chapter, including standards for veteran
59	59	and facility eligibility under the program and standards to ensure
60	60	patient confidentiality is protected under the program. The
61	61	standards must require that:
62	62	(1) eligible facilities comply with applicable fire
63	63	codes, oversight requirements, and any treatment protocols
64	64	provided in department rules; and
65	65	(2) eligible participants in the program reside in
66	66	this state.
67	67	Sec. 49.004. VETERANS RECOVERY ACCOUNT. (a) The veterans
68	68	recovery account is a dedicated account in the general revenue
69	69	fund.
70	70	(b) The veterans recovery account consists of:
71	71	(1) appropriations of money to the account by the
72	72	legislature;
73	73	(2) gifts, grants, and other donations received for
74	74	the account;
75	75	(3) reimbursement received from the Medicaid and
76	76	Medicare programs, the TRICARE program of the United States
77	77	Department of Defense, the federal government, or a third party
78	78	payor for treatment rendered under the program; and
79	79	(4) interest earned on the investment of money in the
80	80	fund.
81	81	(c) Section 403.071, Government Code, does not apply to the
82	82	veterans recovery account.
83	83	(d) The commissioner shall administer the account. Money in
84	84	the account may be used only to pay for:
85	85	(1) expenses of administering the program;
86	86	(2) diagnostic testing and treatment of a veteran with
87	87	post-traumatic stress disorder or a traumatic brain injury under
88	88	the program; and
89	89	(3) a veteran's necessary travel and living expenses
90	90	for a veteran required to travel to obtain treatment under the
91	91	program.
92	92	(e) The commissioner shall seek reimbursement for payments
93	93	made under the program from the Medicaid and Medicare programs, the
94	94	TRICARE program of the United States Department of Defense,
95	95	appropriate federal agencies, and any other responsible third party
96	96	payor.
97	97	Sec. 49.005. HYPERBARIC OXYGEN TREATMENT; RESERVATION OF
98	98	FUNDS. (a) The executive commissioner by rule shall adopt
99	99	standards for the provision of hyperbaric oxygen treatment under
100	100	the program to veterans who have been diagnosed with post-traumatic
101	101	stress disorder or a traumatic brain injury, have been prescribed
102	102	hyperbaric oxygen treatment by a health care practitioner, and
103	103	voluntarily agree to treatment under the program.
104	104	(b) A facility providing medical care to a veteran who is
105	105	eligible for hyperbaric oxygen treatment under the program may
106	106	apply for reimbursement for treatment under the program.
107	107	(c) The facility must submit a treatment plan to the
108	108	department before providing treatment under the program. The
109	109	treatment plan must include:
110	110	(1) a prescription order for hyperbaric oxygen
111	111	treatment issued by a health care practitioner;
112	112	(2) verification of facility and veteran eligibility;
113	113	(3) an estimate of the treatment costs and of the
114	114	veteran's necessary travel and living expenses for a veteran
115	115	required to travel to obtain the treatment; and
116	116	(4) any other information required by the department.
117	117	(d) The department shall approve or disapprove a treatment
118	118	plan within a reasonable time as established by department rule.
119	119	The department shall notify the facility whether the treatment plan
120	120	was approved or disapproved by the department.
121	121	(e) The department may not approve the provision of
122	122	hyperbaric oxygen treatment under the program unless the facility
123	123	is in compliance with applicable department standards and rules and
124	124	the veteran is eligible for treatment under the program.
125	125	(f) If there is sufficient money in the veterans recovery
126	126	account, the department shall approve each treatment plan that
127	127	meets the requirements of this section and the standards adopted
128	128	under this chapter.
129	129	(g) The commissioner shall reserve in the veterans recovery
130	130	account an amount equal to the estimated treatment costs and
131	131	necessary travel and living expenses specified in the treatment
132	132	plan for each veteran that is approved for treatment under the
133	133	program.
134	134	Sec. 49.006. PROVISION OF SERVICES; REIMBURSEMENT. (a) A
135	135	facility may provide hyperbaric oxygen treatment under the program
136	136	to a veteran who has post-traumatic stress disorder or a traumatic
137	137	brain injury if the department approved a treatment plan under
138	138	Section 49.005 for the veteran.
139	139	(b) A facility that elects to provide hyperbaric oxygen
140	140	treatment to a veteran under Subsection (a) shall provide the
141	141	treatment without charge to the veteran. A veteran receiving
142	142	treatment under the program is not liable for the cost of treatment
143	143	or expenses incurred under the program. The facility may submit to
144	144	the department a request for reimbursement from the veterans
145	145	recovery account for expenses incurred for the treatment.
146	146	(c) A facility that elects to provide treatment under the
147	147	program shall submit to the department regular reports, in the form
148	148	prescribed by the department, of the veteran's measured health
149	149	improvements under the treatment plan.
150	150	(d) The commissioner shall reimburse a facility for
151	151	expenses the facility incurred in providing the hyperbaric oxygen
152	152	treatment from the veterans recovery account if:
153	153	(1) the treatment was provided according to the
154	154	treatment plan approved by the department;
155	155	(2) the expenses do not exceed the amount reserved for
156	156	the treatment under Section 49.005; and
157	157	(3) the facility demonstrates in the reports described
158	158	by Subsection (c) that the veteran is making measured health
159	159	improvements.
160	160	(e) If expenses for the treatment exceed funds reserved for
161	161	the treatment under Section 49.005, the state and the veterans
162	162	recovery account are not liable for the amount in excess of the
163	163	reserved funds.
164	164	(f) A facility may submit an updated treatment plan under
165	165	Section 49.005 to request the reservation of funds in addition to
166	166	funds reserved under the original treatment plan.
167	167	(g) From money in the veterans recovery account, the
168	168	commissioner shall reimburse a veteran required to travel to obtain
169	169	treatment under the program for the travel and living expenses
170	170	approved by the department in the treatment plan. The expenses may
171	171	not exceed the amount reserved for those expenses under Section
172	172	49.005.
173	173	Sec. 49.007. TERMINATION OF RESERVATION OF FUNDS. (a) If
174	174	the facility or veteran fails to request reimbursement for
175	175	treatment or for travel and living expenses under the program for at
176	176	least six months following the conclusion of treatment, the
177	177	department shall notify the facility and the veteran receiving
178	178	treatment under the facility's treatment plan that the funding
179	179	reserved for the treatment and expenses will be terminated on the
180	180	90th day after the date the department provides notice under this
181	181	subsection unless the facility or veteran notifies the department
182	182	of continued treatment and expenses under the program or requests
183	183	reimbursement for the treatment already provided or expenses
184	184	already incurred under the program.
185	185	(b) If a facility or veteran fails to notify the department
186	186	of continued treatment and expenses in the time required under
187	187	Subsection (a), the commissioner shall terminate the reservation of
188	188	funds in the veterans recovery account under the facility's
189	189	treatment plan for that veteran.
190	190	Sec. 49.008. REPORT. Not later than October 1 of each
191	191	even-numbered year, the department shall submit to the governor,
192	192	lieutenant governor, speaker of the house of representatives, and
193	193	appropriate standing committees of the legislature a report
194	194	regarding the program that includes an evaluation of the
195	195	effectiveness of the program and the number of veterans and
196	196	facilities participating in the program.
197	197	SECTION 2. The executive commissioner of the Health and
198	198	Human Services Commission shall adopt the rules necessary to
199	199	implement Chapter 49, Health and Safety Code, as added by this Act,
200	200	not later than January 1, 2016.
201	201	SECTION 3. This Act takes effect September 1, 2015.