110 HR 2048 IH: Traumatic Brain Injury Access to U.S. House of Representatives 2007-04-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2048 IN THE HOUSE OF REPRESENTATIVES April 26, 2007 Mr. Donnelly (for himself, Mr. Pascrell, Mr. Platts, Mr. Ellsworth, Mr. Upton, and Mr. Hill) introduced the following bill; which was referred to the Committee on Armed Services A BILL To facilitate the provision of care and services for members of the Armed Forces for traumatic brain injury, and for other purposes.

1.

Short title

This Act may be cited as the Traumatic Brain Injury Access to Options Act.

2.

Care and services for members of the Armed Forces for traumatic brain injury

(a)

Retention on active duty

(1)

In general

Except as provided in paragraph (3) and subject to paragraph (4), the Secretary of Defense shall prescribe regulations to ensure that each member of the Armed Forces who incurs a covered traumatic brain injury while on active duty in the Armed Forces shall be retained on active duty in the Armed Forces for one year after the medical assessment of their ability to perform their activities of daily living (ADL). (2)

Limitation on physical evaluation board

A member of the Armed Forces who is retained on active duty under paragraph (1) may not be evaluated by a Physical Evaluation Board for purposes of determining the eligibility of the member for retirement or separation for disability under law during the one-year period described in that paragraph. (3)

Election of inapplicability

(A)Paragraph (1) shall not apply to a member of the Armed Forces otherwise described by that paragraph— (i)upon the election of the member; or (ii)if the member is incapacitated or otherwise incapable of making the election— (I)upon the election of the family member; (II)upon the election of the legal guardian of the member under a medical power of attorney; or (III)if the member does not have any family members or a medical power of attorney, the person appointed by the Secretary of the military department concerned to act as the medical advocate to ensure the proper receipt by the member of such care and services for the covered traumatic brain injury as are available to the member through the Department of Defense. (B)In any case where a family member or legal guardian of a member of the Armed Forces is present, the medical advocate shall provide a written summary of benefits from the Department of Defense and the Department of Veterans Affairs that are available to the member of the Armed Forces for the injury or injuries involved. (C)Any individual who carries out the duties of a medical advocate under this paragraph shall receive such training for the discharge of such duties, including training in applicable protocols of the Department of Defense and the Department of Veterans Affairs, as the Secretary of Defense (in consultation with the Secretary of Veterans Affairs) considers appropriate. (D)The Secretary of Defense shall prescribe regulations to carry out this paragraph. (4)

Extension of period of retention on active duty

The period of retention of a member of the Armed Forces on active duty under paragraph (1) may be such period longer than the period otherwise provided under that paragraph as the Secretary of the military department concerned considers appropriate in light of the medical progress of the member for the covered traumatic brain injury, as determined by such Secretary in consultation with the medical personnel providing care to the member for the covered traumatic brain injury and the family member, legal guardian, or medical advocate of the member. (5)

Purposes of retention on active duty

The purposes of retaining a member of the Armed Forces on active duty under paragraph (1) shall include, but not be limited to, the following: (A)The provision of recurring medical evaluations of the member for the effects of a covered traumatic brain injury. (B)The provision of cognitive therapy for the member for a covered traumatic brain injury, including cognitive therapy through medical facilities of the Veterans Administration and private rehabilitation hospitals or facilities with the cost of such therapy borne by the Department of Defense. (6)

Sunset

This subsection shall expire on the date that is five years after the date of the enactment of this Act. However, any member of the Armed Forces retained on active duty under paragraph (1) before that date may be retained on active duty in accordance with this subsection after that date. (b)

Comptroller General assessments of care and services provided by Department of Defense and Department of Veterans Affairs

Not later than two years after the date of the enactment of this Act, and every year thereafter, the Comptroller General of the United States shall submit to Congress a report assessing the discrepancies in benefits and services available to members of the Armed Forces on active duty and medically retired members of the Armed Forces with traumatic brain injuries. Each such report shall identify and address such discrepancies. (c)

Deadline for regulations

The Secretary of Defense shall prescribe the regulations required by this section not later than 90 days after the date of the enactment of this Act. (d)

Covered traumatic brain injury defined

In this section, the term covered traumatic brain injury, in the case of a member of the Armed Forces, means a traumatic brain injury as a result of which the member is unable to perform the activities of daily living (ADL) for a period of least five consecutive days from the date of medical assessment.