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House
File
2481
-
Introduced
HOUSE
FILE
2481
BY
HAYES
and
BODEN
A
BILL
FOR
An
Act
establishing
a
veterans
recovery
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:
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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
created
in
section
35A.2.
5
2.
“Department”
means
the
Iowa
department
of
veterans
6
affairs
established
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
traumatic
brain
injury
or
post-traumatic
stress
disorder
12
prescribed
by
a
health
care
practitioner
that
utilizes,
as
part
13
of
the
treatment,
a
hard-sided
or
soft-sided
hyperbaric
oxygen
14
chamber.
15
5.
“Program”
means
the
veterans
recovery
program
established
16
under
section
35E.2.
17
6.
“Traumatic
brain
injury”
means
an
injury
to
the
brain
18
acquired
during
military
service.
19
7.
“Treatment
facility”
means
a
hospital
as
defined
in
20
section
135B.1,
an
organized
outpatient
health
facility
as
21
defined
in
section
135.61,
or
any
other
facility
that
is
22
authorized
by
the
department
to
provide
hyperbaric
oxygen
23
treatment
under
this
chapter.
24
8.
“Veteran”
means
a
veteran
as
defined
in
section
35.1.
25
9.
“Veterans
traumatic
brain
injury
recovery
fund”
means
26
the
veterans
traumatic
brain
injury
recovery
fund
created
in
27
section
35E.3.
28
Sec.
2.
NEW
SECTION
.
35E.2
Veterans
recovery
program
——
29
establishment
——
reports
——
rules.
30
1.
The
department
shall
establish
a
veterans
recovery
31
program,
subject
to
sufficient
moneys
in
the
veterans
32
traumatic
brain
injury
recovery
fund
to
operate
the
program,
33
to
award
grants
to
statewide
veterans
service
organizations
to
34
coordinate
the
provision
of
hyperbaric
oxygen
treatment
and
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support
services
to
eligible
veterans
who
have
been
diagnosed
1
with
post-traumatic
stress
disorder
or
a
traumatic
brain
injury
2
pursuant
to
the
requirements
of
this
chapter.
3
2.
The
department
shall
adopt
rules
to
implement
and
4
administer
this
chapter.
5
3.
By
January
1
of
each
year,
the
department
shall
submit
6
to
the
governor
and
the
general
assembly
a
report
regarding
7
the
program
that
includes
an
evaluation
of
the
effectiveness
8
of
the
program,
including
as
shown
by
cognitive
testing
before
9
and
after
treatment,
and
the
number
of
veterans
and
treatment
10
facilities
participating
in
the
program.
11
Sec.
3.
NEW
SECTION
.
35E.3
Veterans
traumatic
brain
injury
12
recovery
fund.
13
1.
A
veterans
traumatic
brain
injury
recovery
fund
is
14
created
in
the
state
treasury
under
the
control
of
the
15
department.
16
2.
The
fund
shall
consist
of
moneys
appropriated
for
17
purposes
of
the
program,
and
any
other
devise,
gift,
bequest,
18
donation,
federal
or
other
grant,
reimbursement
of
payments
19
made
by
any
responsible
third-party
payor,
repayment,
judgment,
20
transfer,
or
payment
intended
to
be
used
for
the
purposes
of
21
the
fund.
22
3.
Moneys
in
the
fund
are
appropriated
to
the
department
23
and
may
be
expended
by
the
department
for
any
of
the
following
24
purposes:
25
a.
Expenses
incurred
by
the
department
in
administering
the
26
program.
27
b.
To
award
grants
to
statewide
veterans
service
28
organizations
for
expenses
authorized
pursuant
to
a
treatment
29
plan
approved
pursuant
to
section
35E.4
for
hyperbaric
oxygen
30
treatment
of
a
veteran
under
the
program.
31
4.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
32
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
33
Notwithstanding
section
8.33,
unencumbered
or
unobligated
34
moneys
in
the
fund
shall
not
revert
but
shall
remain
available
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for
expenditure
for
the
purposes
designated.
1
Sec.
4.
NEW
SECTION
.
35E.4
Hyperbaric
oxygen
treatment
——
2
treatment
plan.
3
1.
A
veterans
service
organization
seeking
reimbursement
4
for
a
treatment
facility’s
provision
of
hyperbaric
oxygen
5
treatment
to
a
veteran
under
the
program
shall,
prior
to
the
6
provision
of
such
treatment,
submit
a
proposed
treatment
plan
7
to
the
department
in
a
manner
as
prescribed
by
the
department.
8
2.
The
proposed
treatment
plan
must
include
all
of
the
9
following
information:
10
a.
A
prescription
order
for
hyperbaric
oxygen
treatment
11
issued
by
a
health
care
practitioner.
12
b.
Information
verifying
the
eligibility
of
the
veteran
to
13
receive
treatment
and
that
the
treatment
facility
is
authorized
14
to
provide
hyperbaric
oxygen
treatment.
15
c.
An
estimate
of
the
costs
for
providing
hyperbaric
oxygen
16
treatment
by
the
treatment
facility.
17
d.
Any
other
information
required
by
the
department.
18
3.
Upon
receipt
of
a
proposed
treatment
plan,
the
department
19
and
the
commission
shall
approve
or
disapprove
the
treatment
20
plan
within
a
reasonable
time
as
established
by
rule.
The
21
department
shall
not
approve
the
treatment
plan
if
moneys
in
22
the
veterans
traumatic
brain
injury
recovery
fund
are
not
23
sufficient
to
reimburse
the
estimated
costs
and
expenses
24
provided
in
the
proposed
treatment
plan.
The
department
shall
25
notify
the
veterans
service
organization
whether
the
treatment
26
plan
was
approved
or
disapproved.
27
4.
A
veterans
service
organization
may,
following
approval
28
of
a
proposed
treatment
plan,
submit
a
modified
treatment
plan
29
if
actual
expenses
are
anticipated
to
exceed
the
estimated
30
costs
approved
in
the
initial
treatment
plan.
The
department
31
and
the
commission
shall
approve
or
disapprove
the
modified
32
treatment
plan,
subject
to
sufficient
moneys
in
the
veterans
33
traumatic
brain
injury
recovery
fund
for
the
increased
34
expenses,
and
shall
notify
the
veterans
service
organization
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within
a
reasonable
time
as
established
by
rule
whether
the
1
modified
treatment
plan
was
approved
or
disapproved.
2
Sec.
5.
NEW
SECTION
.
35E.5
Provision
of
treatment
——
3
reimbursement
of
expenses.
4
1.
A
treatment
facility
shall
receive
reimbursement
of
5
expenses
incurred
in
providing
hyperbaric
oxygen
treatment
6
under
the
program
to
a
veteran
from
a
veterans
service
7
organization
if
the
department
and
the
commission
have
approved
8
a
treatment
plan
under
section
35E.4
for
the
veteran.
9
2.
A
treatment
facility
that
elects
to
provide
hyperbaric
10
oxygen
treatment
to
a
veteran
under
the
program
shall
provide
11
the
treatment
without
charge
to
the
veteran.
A
veteran
12
receiving
treatment
under
the
program
is
not
liable
for
the
13
cost
of
treatment
or
expenses
incurred
under
the
program.
14
3.
A
veterans
service
organization
participating
in
15
the
program
shall
submit
to
the
department
regular
reports,
16
in
the
form
prescribed
by
the
department,
of
the
veteran’s
17
measured
health
improvements
under
the
treatment
plan
and
18
whether
treatments
are
continuing
or
have
concluded.
If
19
hyperbaric
oxygen
treatment
has
concluded,
the
veterans
service
20
organization
shall
indicate
the
date
the
treatment
concluded.
21
4.
A
veterans
service
organization
coordinating
hyperbaric
22
oxygen
treatment
under
the
program
may
submit
a
request
for
23
reimbursement
of
expenses
incurred
by
the
treatment
facility
to
24
the
department.
The
department
shall
approve
the
request
and
25
reimburse
the
expenses
from
the
veterans
traumatic
brain
injury
26
recovery
fund
if
all
of
the
following
criteria
are
met:
27
a.
The
hyperbaric
oxygen
treatment
was
provided
according
to
28
the
approved
treatment
plan
or
modified
treatment
plan.
29
b.
The
expenses
do
not
exceed
the
estimated
cost
of
the
30
hyperbaric
oxygen
treatment
as
provided
in
the
approved
31
treatment
plan
or
modified
treatment
plan.
32
c.
The
veterans
service
organization
demonstrates
in
the
33
reports
submitted
to
the
department
as
required
by
subsection
3
34
that
the
veteran
is
making
measured
health
improvements
or
that
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continuing
treatment
is
recommended.
1
5.
After
six
months
from
the
date
specified
in
the
2
reports
submitted
to
the
department
from
a
veterans
service
3
organization
that
treatment
has
concluded,
the
department
4
shall
notify
the
veterans
service
organization
and
veteran
in
5
writing
of
the
expenses
that
have
been
reimbursed
and
whether
6
the
amounts
reimbursed
are
less
than
the
costs
authorized
to
be
7
reimbursed
pursuant
to
an
approved
treatment
plan
or
modified
8
treatment
plan.
The
written
notification
must
further
notify
9
the
veterans
service
organization
and
the
veteran
that
any
10
requests
for
reimbursement
shall
not
be
authorized
if
a
request
11
for
reimbursement
is
not
submitted
within
ninety
days
after
12
receiving
the
notice
unless,
prior
to
the
ninety
days,
the
13
veterans
service
organization
indicates
that
treatment
has
not
14
been
completed.
15
Sec.
6.
DIRECTIVE
TO
DEPARTMENT
OF
VETERANS
AFFAIRS.
The
16
department
of
veterans
affairs
shall
submit
a
regulatory
17
analysis
of
proposed
rules
to
the
administrative
code
editor
18
pursuant
to
section
17A.4A,
subsection
4,
not
later
than
19
January
1,
2027,
for
the
adoption
of
rules
to
implement
and
20
administer
chapter
35E
as
enacted
in
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
establishes
a
veterans
recovery
program,
25
administered
by
the
department
of
veterans
affairs
(department)
26
for
the
reimbursement
of
expenses
related
to
providing
27
hyperbaric
oxygen
treatment
to
eligible
veterans.
28
New
Code
section
35E.1
establishes
definitions
applicable
to
29
the
new
Code
chapter,
including
definitions
for
“commission”,
30
“department”,
“health
care
practitioner”,
“hyperbaric
oxygen
31
treatment”,
“traumatic
brain
injury”,
“treatment
facility”,
32
and
“veteran”.
Specifically,
the
bill
defines
“hyperbaric
33
oxygen
treatment”
as
treatment,
including
diagnostic
testing
34
and
other
related
medical
treatments,
for
traumatic
brain
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injury
or
post-traumatic
stress
disorder
prescribed
by
a
health
1
care
practitioner
that
utilizes
a
hard-sided
or
soft-sided
2
hyperbaric
oxygen
chamber.
3
New
Code
section
35E.2
establishes
the
veterans
recovery
4
program,
subject
to
sufficient
moneys
to
operate
the
program,
5
requires
the
department
to
adopt
rules
to
implement
and
6
administer
the
program,
and
includes
a
reporting
requirement
7
for
the
department
concerning
the
operation
of
the
program.
8
New
Code
section
35E.3
creates
a
veterans
traumatic
brain
9
injury
recovery
fund
in
the
state
treasury
under
the
control
10
of
the
department.
Moneys
in
the
fund
are
appropriated
to
the
11
department
to
be
expended
for
expenses
incurred
in
operating
12
the
program
and
for
expenses
authorized
to
be
reimbursed
for
13
hyperbaric
oxygen
treatment.
14
New
Code
section
35E.4
provides
for
the
process
for
a
15
veterans
service
organization
to
seek
reimbursement
from
the
16
veterans
traumatic
brain
injury
recovery
fund
for
hyperbaric
17
oxygen
treatment.
The
bill
provides
that
a
veterans
service
18
organization
may
submit
a
proposed
treatment
plan
to
the
19
department
and
the
commission
of
veterans
affairs
for
their
20
approval.
The
treatment
plan
shall
include
the
prescription
21
order
for
the
treatment,
information
verifying
the
eligibility
22
of
the
veteran
to
receive
and
the
treatment
facility
to
provide
23
the
treatment,
the
estimated
costs
for
providing
the
treatment,
24
and
any
other
information
required
by
the
department.
The
25
treatment
plan
shall
not
be
approved
if
sufficient
moneys
26
to
reimburse
the
estimated
costs
are
not
available
in
the
27
veterans
traumatic
brain
injury
recovery
fund.
The
bill
also
28
establishes
a
process
for
submitting
a
modified
treatment
29
plan
if
the
estimated
costs
for
providing
the
treatment
30
are
anticipated
to
exceed
the
cost
estimate
in
the
initial
31
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
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reimbursed.
The
bill
provides
that
a
veterans
service
1
organization
shall
not
be
reimbursed
for
treatment
unless
a
2
treatment
plan
has
been
approved.
If
a
treatment
facility
3
elects
to
provide
hyperbaric
oxygen
treatment
under
the
4
program,
the
facility
shall
provide
the
treatment
without
5
charge
to
a
veteran.
A
participating
veterans
service
6
organization
shall
submit
regular
reports
to
the
department
7
concerning
the
efficacy
of
the
treatment
and
whether
the
8
treatments
have
been
concluded.
The
bill
also
provides
for
9
a
process
for
a
treatment
facility
and
a
veteran
to
receive
10
reimbursement
for
expenses
incurred.
The
bill
requires
the
11
department
to
provide
written
notification
to
the
veterans
12
service
organization
and
veteran
after
treatment
has
concluded,
13
which
notice
shall
indicate
when
any
additional
requests
for
14
reimbursement
may
be
made.
15
The
bill
further
directs
the
department
to
submit
a
16
regulatory
analysis
of
proposed
rules
to
the
administrative
17
code
editor
not
later
than
January
1,
2027,
for
the
adoption
18
of
rules
necessary
to
implement
and
administer
the
new
Code
19
chapter.
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