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HB175 Bill for HBOT in TBI/PTSD introduced in the Texas House of Representatives

Texas HB175 - HBOT in TBI/PTSD Bill Introduced

November 10, 2014

This is a day of very encouraging activity.  As of this morning, HB175 was introduced in the Texas House of Representatives by Rep. Tim Kleinschmidt.  The Text of this is attached.  As I understand it, the next step is for it to be assigned to a Committee.  I have no timetable for this at this time.  I’m also working with Rep. Kleinschmidt to get it introduced (effectively simultaneously) in the Texas Senate.  I do not have a name yet, but I’ll let you know as soon as this happens.

Just thought you should know.

Rainey Owen
Grandfather of a Restored from TBI Veteran




2 relating to the establishment of the Veterans Recovery Program to

3 provide certain veterans with hyperbaric oxygen treatment.


5 SECTION 1. Subtitle B, Title 2, Health and Safety Code, is

6 amended by adding Chapter 49 to read as follows:


8 Sec. 49.001. DEFINITIONS. In this chapter:

9 (1) "Commissioner" means the commissioner of state

10 health services.

11 (2) "Department" means the Department of State Health

12 Services.

13 (3) "Executive commissioner" means the executive

14 commissioner of the Health and Human Services Commission.

15 (4) "Facility" includes a hospital, public health

16 clinic, outpatient health clinic, community health center, and any

17 other facility authorized under department rules to provide

18 hyperbaric oxygen treatment under this chapter.

19 (5) "Health care practitioner" means a person who is

20 licensed to provide medical or other health care in this state and

21 who has prescriptive authority, including a physician.

22 (6) "Hyperbaric oxygen treatment" means treatment for

23 traumatic brain injury or post-traumatic stress disorder

24 prescribed by a health care practitioner and delivered in:


1 (A) a hyperbaric chamber approved by the United States Food

2 and Drug Administration; or

3 (B) a hyperbaric oxygen device that is approved by the United

4 States Food and Drug Administration for investigational use

5 under the direction of an institutional review board with a

6 national clinical trial number.

7 (7) "Physician" means a person licensed to practice

8 medicine by the Texas Medical Board.

9 (8) "Program" means the Veterans Recovery Program

10 established under this chapter.

11 (9) "Traumatic brain injury" means an acquired injury

12 to the brain. The term does not include brain dysfunction caused by

13 congenital or degenerative disorders or birth trauma.

14 (10) "Veteran" means an individual who has served in:

15 (A) the army, navy, air force, coast guard, or

16 marine corps of the United States;

17 (B) the state military forces as defined by

18 Section 431.001, Government Code; or

19 (C) an auxiliary service of one of those branches

20 of the armed forces.


22 The department shall establish and operate the Veterans Recovery

23 Program to provide diagnostic services, hyperbaric oxygen

24 treatment, and support services to eligible veterans who have

25 post-traumatic stress disorder or a traumatic brain injury.

26 (b) The commissioner may appoint an advisory board to assist

27 the department in developing the program.


1 Sec. 49.003. RULES. The executive commissioner shall adopt

2 rules to implement this chapter, including standards for veteran

3 and facility eligibility under the program and standards to ensure

4 patient confidentiality is protected under the program. The

5 standards must require that:

6 (1) eligible facilities comply with applicable fire

7 codes, oversight requirements, and any treatment protocols

8 provided in department rules; and

9 (2) eligible participants in the program reside in

10 this state.

11 Sec. 49.004. VETERANS RECOVERY ACCOUNT. (a) The veterans

12 recovery account is a dedicated account in the general revenue

13 fund.

14 (b) The veterans recovery account consists of:

15 (1) appropriations of money to the account by the

16 legislature;

17 (2) gifts, grants, and other donations received for

18 the account;

19 (3) reimbursement received from the Medicaid and

20 Medicare programs, the TRICARE program of the United States

21 Department of Defense, the federal government, or a third party

22 payor for treatment rendered under the program; and

23 (4) interest earned on the investment of money in the

24 fund.

25 (c) Section 403.071, Government Code, does not apply to the

26 veterans recovery account.

27 (d) The commissioner shall administer the account. Money in


1 the account may be used only to pay for:

2 (1) expenses of administering the program;

3 (2) diagnostic testing and treatment of a veteran with

4 post-traumatic stress disorder or a traumatic brain injury under

5 the program; and

6 (3) a veteran ’s necessary travel and living expenses

7 for a veteran required to travel to obtain treatment under the

8 program.

9 (e) The commissioner shall seek reimbursement for payments

10 made under the program from the Medicaid and Medicare programs, the

11 TRICARE program of the United States Department of Defense,

12 appropriate federal agencies, and any other responsible third party

13 payor.


15 FUNDS. (a) The executive commissioner by rule shall adopt

16 standards for the provision of hyperbaric oxygen treatment under

17 the program to veterans who have been diagnosed with post-traumatic

18 stress disorder or a traumatic brain injury, have been prescribed

19 hyperbaric oxygen treatment by a health care practitioner, and

20 voluntarily agree to treatment under the program.

21 (b) A facility providing medical care to a veteran who is

22 eligible for hyperbaric oxygen treatment under the program may

23 apply for reimbursement for treatment under the program.

24 (c) The facility must submit a treatment plan to the

25 department before providing treatment under the program. The

26 treatment plan must include:

27 (1) a prescription order for hyperbaric oxygen


1 treatment issued by a health care practitioner;

2 (2) verification of facility and veteran eligibility;

3 (3) an estimate of the treatment costs and of the

4 veteran ’s necessary travel and living expenses for a veteran

5 required to travel to obtain the treatment; and

6 (4) any other information required by the department.

7 (d) The department shall approve or disapprove a treatment

8 plan within a reasonable time as established by department rule.

9 The department shall notify the facility whether the treatment plan

10 was approved or disapproved by the department.

11 (e) The department may not approve the provision of

12 hyperbaric oxygen treatment under the program unless the facility

13 is in compliance with applicable department standards and rules and

14 the veteran is eligible for treatment under the program.

15 (f) If there is sufficient money in the veterans recovery

16 account, the department shall approve each treatment plan that

17 meets the requirements of this section and the standards adopted

18 under this chapter.

19 (g) The commissioner shall reserve in the veterans recovery

20 account an amount equal to the estimated treatment costs and

21 necessary travel and living expenses specified in the treatment

22 plan for each veteran that is approved for treatment under the

23 program.


25 facility may provide hyperbaric oxygen treatment under the program

26 to a veteran who has post-traumatic stress disorder or a traumatic

27 brain injury if the department approved a treatment plan under


1 Section 49.005 for the veteran.

2 (b) A facility that elects to provide hyperbaric oxygen

3 treatment to a veteran under Subsection (a) shall provide the

4 treatment without charge to the veteran. A veteran receiving

5 treatment under the program is not liable for the cost of treatment

6 or expenses incurred under the program. The facility may submit to

7 the department a request for reimbursement from the veterans

8 recovery account for expenses incurred for the treatment.

9 (c) A facility that elects to provide treatment under the

10 program shall submit to the department regular reports, in the form

11 prescribed by the department, of the veteran ’s measured health

12 improvements under the treatment plan.

13 (d) The commissioner shall reimburse a facility for

14 expenses the facility incurred in providing the hyperbaric oxygen

15 treatment from the veterans recovery account if:

16 (1) the treatment was provided according to the

17 treatment plan approved by the department;

18 (2) the expenses do not exceed the amount reserved for

19 the treatment under Section 49.005; and

20 (3) the facility demonstrates in the reports described

21 by Subsection (c) that the veteran is making measured health

22 improvements.

23 (e) If expenses for the treatment exceed funds reserved for

24 the treatment under Section 49.005, the state and the veterans

25 recovery account are not liable for the amount in excess of the

26 reserved funds.

27 (f) A facility may submit an updated treatment plan under


1 Section 49.005 to request the reservation of funds in addition to

2 funds reserved under the original treatment plan.

3 (g) From money in the veterans recovery account, the

4 commissioner shall reimburse a veteran required to travel to obtain

5 treatment under the program for the travel and living expenses

6 approved by the department in the treatment plan. The expenses may

7 not exceed the amount reserved for those expenses under Section

8 49.005.


10 the facility or veteran fails to request reimbursement for

11 treatment or for travel and living expenses under the program for at

12 least six months following the conclusion of treatment, the

13 department shall notify the facility and the veteran receiving

14 treatment under the facility ’s treatment plan that the funding

15 reserved for the treatment and expenses will be terminated on the

16 90th day after the date the department provides notice under this

17 subsection unless the facility or veteran notifies the department

18 of continued treatment and expenses under the program or requests

19 reimbursement for the treatment already provided or expenses

20 already incurred under the program.

21 (b) If a facility or veteran fails to notify the department

22 of continued treatment and expenses in the time required under

23 Subsection (a), the commissioner shall terminate the reservation of

24 funds in the veterans recovery account under the facility ’s

25 treatment plan for that veteran.

26 Sec. 49.008. REPORT. Not later than October 1 of each

27 even-numbered year, the department shall submit to the governor,


1 lieutenant governor, speaker of the house of representatives, and

2 appropriate standing committees of the legislature a report

3 regarding the program that includes an evaluation of the

4 effectiveness of the program and the number of veterans and

5 facilities participating in the program.

6 SECTION 2. The executive commissioner of the Health and

7 Human Services Commission shall adopt the rules necessary to

8 implement Chapter 49, Health and Safety Code, as added by this Act,

9 not later than January 1, 2016.

10 SECTION 3. This Act takes effect September 1, 2015.


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