H. R. 639- February 14, 2001
As retrieved on Mar 5, 2008
(2) shall provide appropriate treatment for that veteran in accordance with the national protocol for the treatment of Hepatitis C .
Veterans Comprehensive Hepatitis C
Health Care Act (Introduced in House)
HR 639 IH
107th CONGRESS
1st Session
H. R. 639
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
February 14, 2001
Mr. FRELINGHUYSEN (for himself, Mrs. KELLY, Mr. PALLONE,
Mrs. ROUKEMA, Mr. MENENDEZ, Mrs. MORELLA, Mr. SHAYS, Mr.
GREEN of Texas, Mr. PASCRELL, Mr. FERGUSON, Mr. SAXTON,
Mr. CROWLEY, Mr. MCGOVERN, Mr. LOBIONDO, Mr. BERMAN, Mr.
SISISKY, Mr. WELLER, Mr. PETRI, Mr. FILNER, Mr. HINCHEY,
Mr. SERRANO, Mr. SCHROCK, Mr. BOUCHER, Mr. KING, Mr.
WELDON of Pennsylvania, Mr. GOODE, Mr. FRANK, Ms.
RIVERS, Ms. MCKINNEY, Ms. ROYBAL-ALLARD, Mrs. MALONEY of
New York, Mr. PAYNE, Ms. BALDWIN, Mr. BAIRD, Mr. GILMAN,
Mr. SWEENEY, Mrs. MCCARTHY of New York, Mr. FOSSELLA,
Mr. RUSH, Mrs. CHRISTENSEN, Mr. CAPUANO, Mrs. LOWEY, Mr.
WEINER, and Mr. ABERCROMBIE) introduced the following
bill; which was referred to the Committee on Veterans'
Affairs
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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) INITIAL TESTING- (1) During the one-year period
beginning on the date of the enactment of the Veterans
Comprehensive Hepatitis C Health Care Act, 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 or who is
considered to be `at risk,' 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 period referred to in
paragraph (1), the Secretary shall provide a blood test
for the Hepatitis C virus to any veteran who requests
the test.
`(b) FOLLOWUP TESTING AND TREATMENT- In the case of any
veteran who tests positive for the Hepatitis C virus,
the Secretary--
`(1) shall provide such followup tests as are considered
medically appropriate; and
`(2) shall provide appropriate treatment for that
veteran in accordance with the national protocol for the
treatment of Hepatitis C .
`(c ) STATUS OF CARE- Treatment shall be provided under
subsection (b) 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
subsection (b), and no third-party reimbursement may by
sought or accepted, under section 1729 of this title or
any other provision of law, for testing or treatment
under subsection (a) or (b).
`(2) Paragraph (1) shall cease to be in effect upon the
effective date of a determination by the Secretary or by
Congress that the occurrence of the Hepatitis C virus in
specified veterans shall be presumed to be
service-connected.
`(d) STAFFING- (1) The Secretary shall require that each
Department medical center employ at least one full-time
gastroenterologist, hepatologist, or other qualified
physician to provide tests and treatment 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
and counseling for those patients and their families.
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,
additional Hepatitis C centers of excellence or
additional sites at which activities of Hepatitis C
centers of excellence are carried out. Each such
additional center or site 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 or sites
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.