H. R. 7299
IN THE HOUSE OF REPRESENTATIVES
November 20, 2008
Mr. Cannon (for himself and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To direct the Secretary of Defense and the Secretary of Veterans Affairs to make payments for certain treatments of traumatic brain injury and post-traumatic stress disorder.
payment for treatment of members of the Armed Forces and veterans for traumatic brain injury and post-traumatic stress disorder
The Secretary of Defense and the Secretary of Veterans Affairs shall each establish a process through which each Secretary shall provide payment for treatments (including diagnostic testing) of traumatic brain injury and post-traumatic stress disorder received by members of the Armed Forces and veterans in health care facilities other than military treatment facilities or Department of Veterans Affairs medical facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment.
Conditions for payment
The approval by a Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions:
Any drug or device used in the treatment must be approved by the Food and Drug Administration for any purpose.
A treatment protocol must be approved for the treatment by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services.
The approved treatment protocol (including any patient disclosure requirements) must be used by the health care provider delivering the treatment.
The patient receiving the treatment must demonstrate an improvement on one or more of the following:
Standardized independent pre-treatment and post-treatment neuropsychological testing.
Accepted survey instruments.
The Secretary of Defense and the Secretary of Veterans Affairs shall make a payment for a treatment pursuant to subsection (a) not later than 30 days after a member of the Armed Forces or veteran (or health care provider on behalf of such member or veteran) submits to the Secretary documentation regarding the treatment. The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the documentation required under this subsection may not be an undue burden on the member of the Armed Forces or veteran.
Data collection and availability
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and maintain a database containing data from each patient case involving the use of a treatment under this Act. The Secretaries shall ensure that the database preserves confidentiality and be made available only—
for third-party payer examination;
to the appropriate congressional committees and employees of the Department of Defense, the Department of Veterans Affairs, and appropriate State agencies; and
concerning the data of a patient case involving the use of a treatment under this Act, to the primary investigator of the institutional review board that approved such treatment.
Enrollment in Institutional Review Board Study
In the case of a patient enrolled in a registered institutional review board study, results may be publically distributable in accordance with regulations and practices as of the date of the enactment of this Act.