[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7299 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7299

   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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 A BILL


 
   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.

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

SECTION 1. PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED FORCES AND 
              VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC 
              STRESS DISORDER.

    (a) Payment Process.--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.
    (b) Conditions for Payment.--The approval by a Secretary for 
payment for a treatment pursuant to subsection (a) shall be subject to 
the following conditions:
            (1) Any drug or device used in the treatment must be 
        approved by the Food and Drug Administration for any purpose.
            (2) 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.
            (3) The approved treatment protocol (including any patient 
        disclosure requirements) must be used by the health care 
        provider delivering the treatment.
            (4) The patient receiving the treatment must demonstrate an 
        improvement on one or more of the following:
                    (A) Standardized independent pre-treatment and 
                post-treatment neuropsychological testing.
                    (B) Accepted survey instruments.
                    (C) Neurological imaging.
                    (D) Clinical examination.
    (c) Payment Deadline.--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.
    (d) Data Collection and Availability.--
            (1) In general.--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--
                    (A) for third-party payer examination;
                    (B) to the appropriate congressional committees and 
                employees of the Department of Defense, the Department 
                of Veterans Affairs, and appropriate State agencies; 
                and
                    (C) 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.
            (2) 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.
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