[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5132 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5132

  To amend title 38, United States Code, to establish a comprehensive 
   program for testing and treatment of veterans for the Hepatitis C 
                                 virus.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2000

 Mr. Frelinghuysen (for himself, Mrs. Kelly, Mr. Franks of New Jersey, 
Mr. Gilman, Mr. Hinchey, Mrs. Roukema, Mr. Saxton, Mrs. McCarthy of New 
York, Mr. King, Mr. LoBiondo, Mr. Pallone, Mr. Pascrell, Mr. Lazio, Mr. 
Crowley, Mr. Weiner, Mr. Sweeney, Mr. Fossella, Mr. Serrano, Mr. Smith 
  of New Jersey, Mr. Meeks of New York, Mr. Payne, Mr. Menendez, Mr. 
Andrews, Mr. Kleczka, and Mr. Rothman), introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to establish a comprehensive 
   program for testing and treatment of veterans for the Hepatitis C 
                                 virus.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Comprehensive Hepatitis C 
Health Care Act''.

SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT 
              PROGRAM FOR VETERANS.

    (a) In General.--(1) Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1720E the following new section:
``Sec. 1720F. Hepatitis C testing and treatment
    ``(a)(1) During the first year after the date of the enactment of 
this section, the Secretary shall provide a blood test for the 
Hepatitis C virus to--
            ``(A) each veteran who served in the active military, 
        naval, or air service during the Vietnam era and is enrolled to 
        receive care under section 1710 of this title who requests the 
        test or is otherwise receiving a physical examination or any 
        care or treatment from the Secretary; and
            ``(B) to any other veteran who requests the test.
    ``(2) After the end of the one-year period referred to in paragraph 
(1), the Secretary shall provide a blood test for the Hepatitis C virus 
to any veteran who presents one or more risk factors for that virus and 
who requests the test.
    ``(b) In the case of any veteran who tests positive for the 
Hepatitis C virus, the Secretary shall provide an appropriate treatment 
protocol for that veteran. Treatment shall be provided under this 
subsection without regard to whether the Hepatitis C virus is 
determined to be service-connected and without regard to priority group 
categorization of the veteran. No copayment may be charged for 
treatment under this subsection.
    ``(c) In the case of any veteran who tests positive for the 
Hepatitis C virus, the Secretary shall, upon request, perform a liver 
biopsy on the veteran as a follow-up test.
    ``(d) In the case of any veteran who tests positive for the 
Hepatitis C virus, the Secretary shall, upon request, provide a 
Hepatitis C virus genotype test before beginning treatment of the 
veteran under subsection (b).
    ``(e)(1) The Secretary shall require that each Department medical 
center employ at least one full-time gastroenterologist or hepatologist 
to conduct tests for the Hepatitis C virus under this section.
    ``(2) The Secretary shall, to the extent practicable, ensure that 
each Department medical center has at least one staff member assigned 
to work, in coordination with Hepatitis C medical personnel, to 
coordinate treatment options for Hepatitis C patients and provide 
information for those patients. Such a staff member should preferably 
be trained in psychology or psychiatry or be a social worker.
    ``(3) In order to improve treatment provided to veterans with the 
Hepatitis C virus, the Secretary shall provide increased training 
options to Department health care personnel.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1720E the following new item:

``1720F. Hepatitis C testing and treatment.''.

SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Program Account.--Beginning with fiscal year 2001, amounts 
appropriated for the Department of Veterans Affairs for Hepatitis C 
detection and treatment shall be provided, within the ``Medical Care'' 
account, through the ``Specific Purpose'' subaccount, rather than the 
``VERA'' subaccount.
    (b) Allocation of Funds to VISNs.--In allocating funds appropriated 
for the Department of Veterans Affairs for the ``Medical Care'' account 
to the Veterans Integrated Service Networks, the Secretary of Veterans 
Affairs shall allocate funds for detection and treatment of the 
Hepatitis C virus based upon incidence rates of that virus among 
veterans (rather than based upon the overall population of veterans) in 
each such network.
    (c) Limitation on Use of Funds.--Amounts appropriated for the 
Department of Veterans Affairs for Hepatitis C detection and treatment 
through the ``Specific Purpose'' subaccount may not be used for any 
other purpose.

SEC. 4. NATIONAL POLICY.

    (a) Standardized Nationwide Policy.--The Secretary of Veterans 
Affairs shall develop and implement a standardized policy to be applied 
throughout the Department of Veterans Affairs health care system with 
respect to the Hepatitis C virus. The policy shall include the testing 
protocol for the Hepatitis C virus, treatment options, education and 
notification efforts, and establishment of a specific Hepatitis C 
diagnosis code for measurement and treatment purposes.
    (b) Outreach.--The Secretary shall, on an annual basis, take 
appropriate actions to notify veterans who have not been tested for the 
Hepatitis C virus of the need for such testing and the availability of 
such testing from the Department of Veterans Affairs.

SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish at least one, and not more than three, Hepatitis C centers of 
excellence. Each such center shall be established at a Department of 
Veterans Affairs medical center in one of the five geographic service 
areas (known as a Veterans Integrated Service Network) with the highest 
case rate of Hepatitis C in fiscal year 1999.
    (b) Funding.--Funding for the centers established under subsection 
(a) shall be provided from amounts available to the Central Office of 
the Department of Veterans Affairs and shall be in addition to amounts 
allocated for Hepatitis C pursuant to section 3.
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