AN ACT relating to veteran treatment for post-traumatic stress disorder.

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AN ACT relating to veteran treatment for post-traumatic stress disorder. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 217.930 is amended to read as follows: 3
As used in KRS 217.930 to 217.942: 4
(1) "Eligible patient" means a veteran who meets the requirements of KRS 217.934; 5
(2) "Health care provider" means a licensed physician, a licensed advanced practice 6
registered nurse, or a licensed physician assistant; 7
(3) "Health facility" has the same meaning as in KRS 216B.015; 8
(4) "Hyperbaric oxygen therapy" or "HBOT" means inhalation of one hundred percent 9
(100%) oxygen in a total body chamber, where atmospheric pressure is increased 10
and controlled, applicable to the pr evention, treatment, or cure of a disease or 11
condition of human beings; 12
(5) "Post-traumatic stress disorder" means a mental health condition caused by an 13
extremely stressful or terrifying event that is diagnosed by a qualified mental 14
health care provider u sing criteria as set out in the most recent edition of the 15
American Psychiatric Association's Diagnostic and Statistical Manual of Mental 16
Disorders; 17
(6) "Traumatic brain injury" has the same meaning as in KRS 211.470; 18
(7)[(6)] "Veteran" has the same meaning as in KRS 40.010; and 19
(8)[(7)] "Written informed consent" means a written document that meets the 20
requirements of KRS 217.936. 21
Section 2. KRS 217.934 is amended to read as follows: 22
A veteran shall be an eligible patient for hyperbaric oxygen therapy if he or she has: 23
(1) A diagnosis of traumatic brain injury or post -traumatic stress disorder that is 24
attested to by the patient's treating health care provider; 25
(2) A prescription for hyperbaric oxygen therapy written by hi s or her treating health 26
care provider; and 27
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(3) Given written informed consent for the use of HBOT in accordance with KRS 1
217.936. 2
Section 3. KRS 217.936 is amended to read as follows: 3
(1) A veteran or a veteran's legal guardian shall provide written informed consent for 4
treatment with hyperbaric oxygen therapy in order to receive HBOT to treat 5
traumatic brain injury or post-traumatic stress disorder. 6
(2) At a minimum, the written informed consent shall include: 7
(a) An ex planation of the currently approved products and treatments for the 8
traumatic brain injury or post -traumatic stress disorder from which the 9
veteran suffers; 10
(b) A description of the potentially best and worst outcomes of using hyperbaric 11
oxygen therapy and a realistic description of the most likely outcome; 12
(c) A statement that the veteran's health plan or third -party administrator and 13
provider shall not be obligated to pay for any care or treatments consequent to 14
the use of hyperbaric oxygen therapy unless they are specifically required to 15
do so by law or contract; and 16
(d) A statement that the veteran understands that the patient shall be liable for all 17
expenses related to the use of hyperbaric oxygen therapy. 18
(3) The description of potential outcomes requi red under subsection (2)(b) of this 19
section shall: 20
(a) Include the possibility that new, unanticipated, different, or worse symptoms 21
may result and that the proposed treatment may hasten death; and 22
(b) Be based on the treating health care provider's knowle dge of the proposed 23
treatment in conjunction with an awareness of the veteran's condition. 24
(4) The written informed consent shall be: 25
(a) Signed by: 26
1. The veteran; or 27
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2. A legal guardian, if a guardian has been appointed for the veteran; and 1
(b) Attested to by the veteran's treating health care provider and a witness. 2