[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3051 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3051

  To improve the diagnosis and treatment of traumatic brain injury in 
 members and former members of the Armed Forces, to review and expand 
telehealth and telemental health programs of the Department of Defense 
    and the Department of Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2007

  Mr. Salazar (for himself, Mr. Pascrell, Mr. Ellison, Mr. McDermott, 
   Mrs. McCarthy of New York, Mr. McNulty, Mr. Payne, Mr. Clay, Mrs. 
    Emerson, Mr. Smith of New Jersey, Mr. Hinchey, Mr. Nadler, Mr. 
  Kucinich, Mr. Sestak, Mr. Brady of Pennsylvania, Mr. LoBiondo, Mr. 
Kagen, Mr. Emanuel, Ms. Sutton, Mr. Rangel, Ms. Matsui, Mr. Hall of New 
    York, Ms. Corrine Brown of Florida, Mr. Moran of Virginia, Mrs. 
Napolitano, Ms. Hooley, Ms. Linda T. Sanchez of California, Mr. Sires, 
    Mr. Udall of New Mexico, Mr. Waxman, Mr. Al Green of Texas, Ms. 
   Woolsey, Mr. McGovern, Mr. Perlmutter, and Mr. Davis of Illinois) 
 introduced the following bill; which was referred to the Committee on 
Veterans' Affairs, and in addition to the Committee on Armed Services, 
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

_______________________________________________________________________

                                 A BILL


 
  To improve the diagnosis and treatment of traumatic brain injury in 
 members and former members of the Armed Forces, to review and expand 
telehealth and telemental health programs of the Department of Defense 
    and the Department of Veterans Affairs, and for other purposes.

    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 ``Heroes at Home Act of 2007''.

SEC. 2. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER 
              PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE 
              ARMED FORCES WITH TRAUMATIC BRAIN INJURY.

    (a) Program on Training and Certification of Family Caregiver 
Personal Care Attendants.--The Secretary of Veterans Affairs shall 
establish a program on training and certification of family caregivers 
of veterans and members of the Armed Forces with traumatic brain injury 
as personal care attendants of such veterans and members.
    (b) Location.--The program required by subsection (a) shall be 
located in each of the medical centers of the Department of Veterans 
Affairs.
    (c) Training Curricula.--
            (1) In general.--The Secretary of Veterans Affairs shall, 
        in collaboration with the Secretary of Defense, develop 
        curricula for the training of personal care attendants 
        described in subsection (a). Such curricula shall incorporate 
        applicable standards and protocols utilized by certification 
        programs of national brain injury care specialist 
        organizations.
            (2) Use of existing curricula.--In developing the curricula 
        required by paragraph (1), the Secretary of Veterans Affairs 
        shall, to the extent practicable, utilize and expand upon 
        training curricula developed pursuant to section 744(b) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2308).
    (d) Program Participation.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        determine the eligibility of a family member of a veteran or 
        member of the Armed Forces for participation in the program 
        required by subsection (a).
            (2) Basis for determination.--A determination made under 
        paragraph (1) shall be based on the clinical needs of the 
        veteran or member of the Armed Forces concerned, as determined 
        by the physician of such veteran or member.
    (e) Eligibility for Compensation.--A family caregiver of a veteran 
or member of the Armed Forces who receives certification as a personal 
care attendant under this section shall be eligible for compensation 
from the Department of Veterans Affairs for care provided to such 
veteran or member.
    (f) Costs of Training.--
            (1) Training of families of veterans.--Any costs of 
        training provided under the program under this section for 
        family members of veterans shall be borne by the Secretary of 
        Veterans Affairs.
            (2) Training of families of members of the armed forces.--
        The Secretary of Defense shall reimburse the Secretary of 
        Veterans Affairs for any costs of training provided under the 
        program under this section for family members of members of the 
        Armed Forces. Amounts for such reimbursement shall be derived 
        from amounts available for Defense Health Program for the 
        TRICARE program.
    (g) Construction.--Nothing in this section shall be construed to 
require or permit the Secretary of Veterans Affairs to deny 
reimbursement for health care services provided to a veteran with a 
brain injury to a personal care attendant who is not a family member of 
such veteran.

SEC. 3. OUTREACH AND PUBLIC AWARENESS.

    (a) Outreach Required.--The Secretary of Veterans Affairs shall 
conduct comprehensive outreach to enhance the awareness of veterans and 
the general public about the symptoms of post-traumatic stress disorder 
and traumatic brain injury and the services provided by the Department 
of Veterans Affairs to veterans with such symptoms.
    (b) Provision of Best Practices.--The Secretary of Veterans Affairs 
shall make available to non-Department of Veterans Affairs health 
practitioners the best practices developed by the Department for the 
treatment of traumatic brain injury and post-traumatic stress disorder.

SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF 
              DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Telehealth and Telemental Health Demonstration Project.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall jointly establish a demonstration 
        project to assess the feasibility and advisability of using 
        telehealth technology to assess cognitive (including memory) 
        functioning of members and former members of the Armed Forces 
        who have sustained head trauma, in order to improve the 
        diagnosis and treatment of traumatic brain injury.
            (2) Location.--
                    (A) In general.--The Secretary of Defense and the 
                Secretary of Veterans Affairs shall carry out the 
                demonstration project required by paragraph (1) at one 
                or more locations selected by the Secretaries for 
                purposes of the demonstration project.
                    (B) Priority for rural areas.--In selecting 
                locations to carry out the demonstration project 
                required by paragraph (1), the Secretary of Defense and 
                the Secretary of Veterans Affairs shall give priority 
                to locations that would provide service in a rural 
                area.
            (3) Requirements.--The demonstration project required by 
        paragraph (1) shall include the following:
                    (A) The use of telehealth technology to assess the 
                cognitive (including memory) functioning of a member or 
                former member of the Armed Forces, including the 
                following:
                            (i) Obtaining information regarding the 
                        nature of any brain injury incurred by such 
                        member or former member.
                            (ii) Assessing any symptoms of traumatic 
                        brain injury in such member or former member.
                    (B) The use of telehealth technology to 
                rehabilitate members or former members of the Armed 
                Forces who have traumatic brain injury, and the use, to 
                the extent practicable, of applicable standards and 
                protocols used by certification programs of national 
                brain injury care specialist organizations in order to 
                assess progress in such rehabilitation.
                    (C) The use of telehealth technology to disseminate 
                education material to members and former members of the 
                Armed Forces and the family members of such members on 
                techniques, strategies, and skills for caring for and 
                assisting such members, and to the extend practicable, 
                such education materials shall incorporate training 
                curricula developed pursuant to section 744(b) of the 
                John Warner National Defense Authorization Act for 
                Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).
            (4) Use of proven technologies.--Any assessment 
        administered as a part of the demonstration project required by 
        paragraph (1) shall incorporate telemental health technology 
        that has proven effective in the diagnosis and treatment of 
        mental health conditions associated with traumatic brain 
        injury.
            (5) Administration.--
                    (A) In general.--The demonstration project required 
                by paragraph (1) shall be administered under the joint 
                incentives program and carried out pursuant to section 
                8111(d) of title 38, United States Code.
                    (B) Funding.--Amounts to carry out the 
                demonstration project shall be derived from amounts in 
                the DOD-VA Health Care Sharing Incentive Fund 
                established under paragraph (2) of such section.
            (6) Report.--
                    (A) In general.--The Secretary of Defense and the 
                Secretary of Veterans Affairs shall jointly submit to 
                Congress a report on the demonstration project required 
                by paragraph (1).
                    (B) Submission with annual joint report.--The 
                report required by subparagraph (A) shall be submitted 
                to Congress at the same time as the annual joint report 
                required by section 8111(f) of title 38, United States 
                Code, for the fiscal year following the fiscal year of 
                the date of the enactment of this Act.
    (b) Ongoing Study on Telehealth and Telemental Health Services.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall, through the Joint Executive Council 
        (JEC) of the Department of Defense and the Department of 
        Veterans Affairs, conduct an ongoing study of all matters 
        relating to the telehealth and telemental health services of 
        the Department of Defense and the Department of Veterans 
        Affairs.
            (2) Matters studied.--The matters studied under paragraph 
        (1) shall include the following:
                    (A) The number of members and former members of the 
                Armed Forces who have used telehealth or telemental 
                health services of the Department of Defense or the 
                Department of Veterans Affairs.
                    (B) The extent to which members of the National 
                Guard and the Reserves are utilizing telehealth or 
                telemental health services of the Department of Defense 
                or the Department of Veterans Affairs.
                    (C) The ways in which the Department of Defense and 
                the Department of Veterans Affairs can improve the 
                integration of telehealth and telemental health 
                services with clinical medicine.
                    (D) The extent to which telehealth and telemental 
                health services of the Department of Defense and the 
                Department of Veterans Affairs are provided in rural 
                settings and through community-based outpatient clinics 
                (CBOCs).
                    (E) Best practices of civilian mental health 
                providers and facilities with respect to the provision 
                of telehealth and telemental health services, including 
                how such practices can be adopted to improve telehealth 
                and telemental health services of the Department of 
                Defense and the Department of Veterans Affairs.
                    (F) The feasability and advisability of partnering 
                with civilian mental health facilities to provide 
                telehealth and telemental health services to members 
                and former members of the Armed Forces.
            (3) Annual reports.--Not later than one year after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        shall jointly submit to Congress a report on the findings of 
        the Joint Executive Counsel under this subsection during the 
        preceding year.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``national brain injury care specialist 
        organization'' means a national organization or association 
        with demonstrated experience in providing training, education, 
        and technical assistance in the provision of care for 
        individuals with brain injury.
            (2) The term ``neurocognitive'' means of, relating to, or 
        involving the central nervous system and cognitive or 
        information processing abilities (thinking, memory, and 
        reasoning), as well as sensory processing (sight, hearing, 
        touch, taste, and smell), and communication (expression and 
        understanding).
            (3) The term ``traumatic brain injury'' means an acquired 
        injury to the brain, including brain injuries caused by anoxia 
        due to trauma and such other injuries as the Secretary 
        considers appropriate, except that such term excludes brain 
        dysfunction caused by--
                    (A) congenital or degenerative disorders; or
                    (B) birth trauma.
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