Texas 2017 - 85th Regular

Texas Senate Bill SB1075 Compare Versions

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

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1	1	85R3076 SCL-D
2	2	By: Buckingham, Campbell S.B. No. 1075
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 Pilot
8	8	Program to provide certain veterans with hyperbaric oxygen
9	9	treatment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 49 to read as follows:
13	13	CHAPTER 49. VETERANS RECOVERY PILOT PROGRAM
14	14	Sec. 49.001. DEFINITIONS. In this chapter:
15	15	(1) "Facility" includes a hospital, public health
16	16	clinic, outpatient health clinic, community health center, and any
17	17	other facility authorized under department rules to provide
18	18	hyperbaric oxygen treatment under this chapter.
19	19	(2) "Health care practitioner" means a person who is
20	20	licensed to provide medical or other health care in this state and
21	21	who has prescriptive authority, including a physician.
22	22	(3) "Hyperbaric oxygen treatment" means treatment for
23	23	traumatic brain injury or post-traumatic stress disorder
24	24	prescribed by a health care practitioner and delivered in:
25	25	(A) a hyperbaric chamber approved by the United
26	26	States Food and Drug Administration; or
27	27	(B) a hyperbaric oxygen device that is approved
28	28	by the United States Food and Drug Administration for
29	29	investigational use under the direction of an institutional review
30	30	board with a national clinical trial number.
31	31	(4) "Physician" means a person licensed to practice
32	32	medicine by the Texas Medical Board.
33	33	(5) "Pilot program" means the Veterans Recovery Pilot
34	34	Program established under this chapter.
35	35	(6) "Traumatic brain injury" means an acquired injury
36	36	to the brain. The term does not include brain dysfunction caused by
37	37	congenital or degenerative disorders or birth trauma.
38	38	(7) "Veteran" means an individual who has served in:
39	39	(A) the army, navy, air force, coast guard, or
40	40	marine corps of the United States;
41	41	(B) the state military forces as defined by
42	42	Section 431.001, Government Code; or
43	43	(C) an auxiliary service of one of the armed
44	44	forces described in Paragraphs (A) and (B).
45	45	Sec. 49.002. ESTABLISHMENT AND OPERATION OF PILOT PROGRAM.
46	46	(a) Except as provided by Subsection (b), the department, using
47	47	existing resources, shall establish and operate the Veterans
48	48	Recovery Pilot Program to provide diagnostic services, hyperbaric
49	49	oxygen treatment, and support services to eligible veterans who
50	50	have post-traumatic stress disorder or a traumatic brain injury.
51	51	(b) If there is insufficient money in the veterans recovery
52	52	account established under Section 49.004 to cover the department's
53	53	expenses in administering the pilot program, the department may not
54	54	operate the pilot program.
55	55	(c) The commissioner may appoint an advisory board to assist
56	56	the department in developing the pilot 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 pilot program and standards to
60	60	ensure patient confidentiality is protected under the pilot
61	61	program. The 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 pilot program reside
66	66	in 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) gifts, grants, and other donations received for
72	72	the account; and
73	73	(2) interest earned on the investment of money in the
74	74	fund.
75	75	(c) Section 403.071, Government Code, does not apply to the
76	76	veterans recovery account.
77	77	(d) The commissioner shall administer the veterans recovery
78	78	account. Money in the account may be used only to pay for:
79	79	(1) expenses of administering the pilot program;
80	80	(2) diagnostic testing and treatment of a veteran with
81	81	post-traumatic stress disorder or a traumatic brain injury under
82	82	the pilot program; and
83	83	(3) a veteran's necessary travel and living expenses
84	84	for a veteran required to travel to obtain treatment under the pilot
85	85	program.
86	86	(e) The commissioner shall seek reimbursement for payments
87	87	made under the pilot program from the TRICARE program of the United
88	88	States Department of Defense, appropriate federal agencies, and any
89	89	other responsible third party payor.
90	90	Sec. 49.005. HYPERBARIC OXYGEN TREATMENT; RESERVATION OF
91	91	FUNDS. (a) The executive commissioner by rule shall adopt
92	92	standards for the provision of hyperbaric oxygen treatment under
93	93	the pilot program to veterans who have been diagnosed with
94	94	post-traumatic stress disorder or a traumatic brain injury, have
95	95	been prescribed hyperbaric oxygen treatment by a health care
96	96	practitioner, and voluntarily agree to treatment under the pilot
97	97	program.
98	98	(b) A facility providing medical care to a veteran who is
99	99	eligible for hyperbaric oxygen treatment under the pilot program
100	100	may apply for reimbursement for treatment under the pilot program.
101	101	(c) The facility must submit a treatment plan to the
102	102	department before providing treatment under the pilot program. The
103	103	treatment plan must include:
104	104	(1) a prescription order for hyperbaric oxygen
105	105	treatment issued by a health care practitioner;
106	106	(2) verification of facility and veteran eligibility;
107	107	(3) an estimate of the treatment costs and of the
108	108	veteran's necessary travel and living expenses for a veteran
109	109	required to travel to obtain the treatment; and
110	110	(4) any other information required by the department.
111	111	(d) The department shall approve or disapprove a treatment
112	112	plan within a reasonable time as established by department rule.
113	113	The department shall notify the facility whether the treatment plan
114	114	was approved or disapproved by the department.
115	115	(e) The department may not approve the provision of
116	116	hyperbaric oxygen treatment under the pilot program unless the
117	117	facility is in compliance with applicable department standards and
118	118	rules and the veteran is eligible for treatment under the pilot
119	119	program.
120	120	(f) If there is sufficient money in the veterans recovery
121	121	account, the department shall approve each treatment plan that
122	122	meets the requirements of this section and the standards adopted
123	123	under this chapter.
124	124	(g) The commissioner shall reserve in the veterans recovery
125	125	account an amount equal to the estimated treatment costs and
126	126	necessary travel and living expenses specified in the treatment
127	127	plan for each veteran that is approved for treatment under the pilot
128	128	program.
129	129	Sec. 49.006. PROVISION OF SERVICES; REIMBURSEMENT. (a) A
130	130	facility may provide hyperbaric oxygen treatment under the pilot
131	131	program to a veteran who has post-traumatic stress disorder or a
132	132	traumatic brain injury if the department approved a treatment plan
133	133	under Section 49.005 for the veteran.
134	134	(b) A facility that elects to provide hyperbaric oxygen
135	135	treatment to a veteran under Subsection (a) shall provide the
136	136	treatment without charge to the veteran. A veteran receiving
137	137	treatment under the pilot program is not liable for the cost of
138	138	treatment or expenses incurred under the pilot program. The
139	139	facility may submit to the department a request for reimbursement
140	140	from the veterans recovery account for expenses incurred for the
141	141	treatment.
142	142	(c) A facility that elects to provide treatment under the
143	143	pilot program shall submit to the department regular reports, in
144	144	the form prescribed by the department, of the veteran's measured
145	145	health improvements under the treatment plan.
146	146	(d) The commissioner shall reimburse a facility for
147	147	expenses the facility incurred in providing the hyperbaric oxygen
148	148	treatment from the veterans recovery account if:
149	149	(1) the treatment was provided according to the
150	150	treatment plan approved by the department;
151	151	(2) the expenses do not exceed the amount reserved for
152	152	the treatment under Section 49.005; and
153	153	(3) the facility demonstrates in the reports described
154	154	by Subsection (c) that the veteran is making measured health
155	155	improvements.
156	156	(e) If expenses for the treatment exceed funds reserved for
157	157	the treatment under Section 49.005, the state and the veterans
158	158	recovery account are not liable for the amount in excess of the
159	159	reserved funds.
160	160	(f) A facility may submit a modified treatment plan under
161	161	Section 49.005 to request the reservation of funds in addition to
162	162	funds reserved under the original treatment plan.
163	163	(g) From money in the veterans recovery account, the
164	164	commissioner shall reimburse a veteran required to travel to obtain
165	165	treatment under the pilot program for the travel and living
166	166	expenses approved by the department in the treatment plan. The
167	167	expenses may not exceed the amount reserved for those expenses
168	168	under Section 49.005.
169	169	Sec. 49.007. TERMINATION OF RESERVATION OF FUNDS. (a) If
170	170	the facility or veteran fails to request reimbursement for
171	171	treatment or for travel and living expenses under the pilot program
172	172	for at least six months following the conclusion of treatment, the
173	173	department shall notify the facility and the veteran receiving
174	174	treatment under the facility's treatment plan that the funding
175	175	reserved for the treatment and expenses will be terminated on the
176	176	90th day after the date the department provides notice under this
177	177	subsection unless the facility or veteran notifies the department
178	178	of continued treatment and expenses under the pilot program or
179	179	requests reimbursement for the treatment already provided or
180	180	expenses already incurred under the pilot program.
181	181	(b) If a facility or veteran fails to notify the department
182	182	of continued treatment and expenses in the time required under
183	183	Subsection (a), the commissioner shall terminate the reservation of
184	184	funds in the veterans recovery account under the facility's
185	185	treatment plan for that veteran.
186	186	Sec. 49.008. REPORT. Not later than October 1 of each
187	187	even-numbered year, the department shall submit to the governor,
188	188	lieutenant governor, speaker of the house of representatives, and
189	189	appropriate standing committees of the legislature a report
190	190	regarding the pilot program that includes an evaluation of the
191	191	effectiveness of the pilot program and the number of veterans and
192	192	facilities participating in the pilot program.
193	193	Sec. 49.009. EXPIRATION OF CHAPTER. This chapter expires
194	194	September 1, 2023. Any remaining balance in the veterans recovery
195	195	account on the expiration of this chapter is transferred to the
196	196	general revenue fund.
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, 2018.
201	201	SECTION 3. This Act takes effect September 1, 2017.