85R3076 SCL-D     By: Miller H.B. No. 271       A BILL TO BE ENTITLED   AN ACT   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 department 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   traumatic brain injury or post-traumatic stress disorder   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)  the army, navy, air force, coast guard, or   marine corps of the United States;                      (B)  the state military forces as defined by   Section 431.001, Government Code; or                      (C)  an auxiliary service of one of the armed   forces described in Paragraphs (A) and (B).          Sec. 49.002.  ESTABLISHMENT AND OPERATION OF PILOT PROGRAM.   (a) Except as provided by Subsection (b), the department, 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 department's   expenses in administering the pilot program, the department may not   operate the pilot program.          (c)  The commissioner may appoint an advisory board to assist   the department 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 department 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 403.071, Government Code, does not apply to the   veterans recovery account.          (d)  The 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 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   department 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 department.          (d)  The department shall approve or disapprove a treatment   plan within a reasonable time as established by department rule.   The department shall notify the facility whether the treatment plan   was approved or disapproved by the department.          (e)  The department may not approve the provision of   hyperbaric oxygen treatment under the pilot program unless the   facility is in compliance with applicable department 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 department shall approve each treatment plan that   meets the requirements of this section and the standards adopted   under this chapter.          (g)  The 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 that 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 department approved 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 department 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 department regular reports, in   the form prescribed by the department, of the veteran's measured   health improvements under the treatment plan.          (d)  The 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 department;                (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   commissioner shall reimburse a veteran required to travel to obtain   treatment under the pilot program for the travel and living   expenses approved by the department 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   department 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 department provides notice under this   subsection unless the facility or veteran notifies the department   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 department   of continued treatment and expenses in the time required under   Subsection (a), the 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 department 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.