1.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)
(1)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
boardA 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
dutyThe 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
dutyThe 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)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
AffairsNot 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)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
definedIn 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.