HR 73 IH - January 7, 2003
As retrieved on Mar 5, 2008
Veterans Comprehensive Hepatitis C Health Care Act
(Introduced in House)
HR 73 IH
108th CONGRESS
1st Session
H. R. 73
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
January 7, 2003
Mr. FRELINGHUYSEN 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- (1) 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 be 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 2004,
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.
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