| 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
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.
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
`(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--
`(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:
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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