Print
Senate Study Bill 1127 - IntroducedA Bill ForAn Act 1establishing a veterans recovery pilot program and fund
2for the reimbursement of expenses related to providing
3hyperbaric oxygen treatment to eligible veterans.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 35E.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Commission” means the commission of veterans affairs
5established in section 35A.2.
62. “Department” means the Iowa department of veterans
7affairs created in section 35A.4.
83. “Health care practitioner” means a practitioner as
9defined in section 155A.3.
104. “Hyperbaric oxygen treatment” means treatment, including
11diagnostic testing and other related medical treatments, for
12traumatic brain injury or post-traumatic stress disorder
13prescribed by a health care practitioner that utilizes, as part
14of the treatment, any of the following:
15a. A hyperbaric chamber approved by the United States food
16and drug administration.
17b. A hyperbaric oxygen device that is approved by the United
18States food and drug administration for investigational use
19under the direction of an institutional review board with a
20national clinical trial number.
215. “Pilot program” means the veterans recovery pilot program
22established under this chapter.
236. “Traumatic brain injury” means an acquired injury to the
24brain. “Traumatic brain injury” does not mean brain dysfunction
25caused by congenital or degenerative disorders or birth trauma.
267. “Treatment facility” means a hospital as defined in
27section 135B.1, an organized outpatient health facility as
28defined in section 135.61, or any other facility that is
29authorized by the department to provide hyperbaric oxygen
30treatment under this chapter.
318. “Veteran” means a veteran as defined in section 35.1, a
32member of the national guard or reserve forces of the United
33States, and a former member of the national guard or reserve
34forces of the United States who was discharged under honorable
35conditions.
-1- 19. “Veterans recovery fund” means the veterans recovery fund
2created in section 35E.3.
3 Sec. 2. NEW SECTION. 35E.2 Veterans recovery pilot program
4— establishment — reports — rules.
51. The department shall establish a veterans recovery pilot
6program, subject to sufficient funds in the veterans recovery
7fund to operate the pilot program, to provide hyperbaric oxygen
8treatment and support services to eligible veterans who have
9been diagnosed with a post-traumatic stress disorder or a
10traumatic brain injury pursuant to the requirements of this
11chapter.
122. The department shall adopt rules to implement and
13administer this chapter.
143. By October 1 of each even-numbered year, the department
15shall submit a biennial report regarding the pilot program
16that includes an evaluation of the effectiveness of the pilot
17program and the number of veterans and treatment facilities
18participating in the pilot program.
19 Sec. 3. NEW SECTION. 35E.3 Veterans recovery fund.
201. A veterans recovery fund is created in the state treasury
21under the control of the department.
222. The fund shall consist of moneys received in the form
23of a devise, gift, bequest, donation, federal or other grant,
24reimbursement of payments made by any responsible third-party
25payor, repayment, judgment, transfer, or payment intended to be
26used for the purposes of the fund. The general assembly shall
27make no appropriation to the fund from public moneys of the
28state.
293. Moneys in the fund are appropriated to the department
30and may be expended by the department for any of the following
31purposes:
32a. Expenses incurred by the department in administering the
33pilot program.
34b. Expenses authorized pursuant to a treatment plan approved
35pursuant to section 35E.4 for hyperbaric oxygen treatment of a
-2-1veteran under the pilot program.
2c. Expenses authorized pursuant to a treatment plan approved
3pursuant to section 35E.4 for any necessary travel and living
4expenses of a veteran required to travel to obtain hyperbaric
5oxygen treatment under the pilot program.
64. Any unencumbered or unobligated moneys remaining in the
7fund as of June 30, 2025, shall be transferred for deposit in
8the veterans trust fund created in section 35A.13.
9 Sec. 4. NEW SECTION. 35E.4 Hyperbaric oxygen treatment —
10treatment plan.
111. A treatment facility seeking reimbursement for providing
12hyperbaric oxygen treatment to a veteran under the pilot
13program shall, prior to providing such treatment, submit a
14proposed treatment plan to the department in a manner as
15prescribed by the department.
162. The proposed treatment plan shall include the following
17information:
18a. A prescription order for hyperbaric oxygen treatment
19issued by a health care practitioner.
20b. Information verifying the eligibility of the veteran to
21receive treatment and that the treatment facility is authorized
22to provide hyperbaric oxygen treatment.
23c. An estimate of the costs for providing hyperbaric oxygen
24treatment by the treatment facility.
25d. An estimate of cost for reimbursing any necessary travel
26and living expenses of the veteran required to travel to obtain
27the hyperbaric oxygen treatment.
28e. Any other information required by the department.
293. Upon receipt of a proposed treatment plan, the department
30and the commission shall approve or disapprove the treatment
31plan within a reasonable time as established by rule. The
32department shall not approve the treatment plan if there
33is not sufficient money in the veterans recovery fund to
34reimburse the estimate of costs and expenses provided in the
35proposed treatment plan. The department shall notify the
-3-1treatment facility whether the treatment plan was approved or
2disapproved.
34. A treatment facility may, following approval of a
4proposed treatment plan, submit a modified treatment plan if
5actual expenses are anticipated to exceed the estimated costs
6approved in the initial treatment plan. The department and the
7commission shall approve or disapprove the modified treatment
8plan, subject to sufficient moneys in the veterans recovery
9fund for the increased expenses, and shall notify the treatment
10facility within a reasonable time as established by rule
11whether the modified treatment plan was approved or disapproved
12within a reasonable time as established by rule.
13 Sec. 5. NEW SECTION. 35E.5 Provision of treatment —
14reimbursement of expenses.
151. A treatment facility shall receive reimbursement of
16expenses incurred in providing hyperbaric oxygen treatment
17under the pilot program to a veteran if the department and the
18commission have approved a treatment plan under section 35E.4
19for the veteran.
202. A treatment facility that elects to provide hyperbaric
21oxygen treatment to a veteran under the pilot program shall
22provide the treatment without charge to the veteran. A veteran
23receiving treatment under the pilot program is not liable for
24the cost of treatment or expenses incurred under the pilot
25program.
263. A treatment facility that elects to provide treatment
27under the pilot program shall submit to the department regular
28reports, in the form prescribed by the department, of the
29veteran’s measured health improvements under the treatment
30plan and whether treatments are continuing or have concluded.
31If hyperbaric oxygen treatment has concluded, the treatment
32facility shall indicate the date the treatment concluded.
334. A treatment facility providing hyperbaric oxygen
34treatment under the pilot program may submit a request for
35reimbursement of expenses incurred by the treatment facility to
-4-1the department. The department shall approve the request and
2reimburse the expenses from the veterans recovery fund if all
3of the following criteria are met:
4a. The hyperbaric oxygen treatment was provided according to
5the approved treatment plan or modified treatment plan.
6b. The expenses do not exceed the estimated cost of the
7hyperbaric oxygen treatment as provided in the approved
8treatment plan or modified treatment plan.
9c. The treatment facility demonstrates in the reports
10submitted to the department as required by subsection 3 that
11the veteran is making measured health improvements or that
12continuing treatment is recommended.
135. The department shall reimburse a veteran from moneys in
14the veterans recovery fund for any travel and living expenses
15incurred by the veteran receiving hyperbaric oxygen treatment
16under the pilot program if the amount requested does not exceed
17the estimated cost of travel and living expenses as provided in
18the approved treatment plan or modified treatment plan.
196. After six months from the date specified in the reports
20submitted to the department from a treatment facility that
21treatment has concluded, the department shall notify the
22treatment facility and veteran in writing of the expenses
23that have been reimbursed and whether the amounts reimbursed
24are less than the costs authorized to be reimbursed pursuant
25to an approved treatment plan or modified treatment plan.
26The written notification shall further notify the treatment
27facility and the veteran that any requests for reimbursement
28shall not be authorized if a request for reimbursement is not
29submitted within ninety days after receiving the notice unless,
30prior to the ninety days, the treatment facility indicates that
31treatment has not been completed.
32 Sec. 6. NEW SECTION. 35E.6 Repeal.
33This chapter is repealed July 1, 2025.
34 Sec. 7. DIRECTIVE TO DEPARTMENT OF VETERANS AFFAIRS. The
35department of veterans affairs shall submit a notice of
-5-1intended action to the administrative rules coordinator and
2the administrative code editor pursuant to section 17A.4,
3subsection 1, paragraph “a”, not later than January 1, 2020,
4for the adoption of rules to implement and administer chapter
535E as enacted in this Act.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill establishes a veterans recovery pilot program,
10administered by the department of veterans affairs for the
11reimbursement of expenses related to providing hyperbaric
12oxygen treatment to eligible veterans.
13New Code section 35E.1 establishes definitions applicable
14to the new Code chapter. The bill includes definitions for
15commission, department, health care practitioner, hyperbaric
16oxygen treatment, traumatic brain injury, treatment facility,
17and veteran. Specifically, the bill defines hyperbaric oxygen
18treatment as treatment, including diagnostic testing and other
19related medical treatments, for traumatic brain injury or
20post-traumatic stress disorder prescribed by a health care
21practitioner that utilizes a United States food and drug
22administration-approved hyperbaric chamber or hyperbaric oxygen
23device.
24New Code section 35E.2 establishes the veterans recovery
25pilot program, subject to sufficient funds to operate the
26program, requires the department of veterans affairs to adopt
27rules to implement and administer the program, and includes
28a reporting requirement for each department concerning the
29operation of the pilot program.
30New Code section 35E.3 creates a veterans recovery fund
31in the state treasury under the control of the department of
32veterans affairs. The new Code section provides that the fund
33shall consist of moneys contributed through or received from
34any devise, gift, bequest, donation, federal or other grant,
35reimbursement of payments made by any responsible third-party
-6-1payor, repayment, judgment, transfer, or payment intended to be
2used for the purposes of the fund. The department of veterans
3affairs is to expend moneys in the fund, as appropriated by the
4department, for expenses incurred in operating the program and
5for expenses authorized to be reimbursed for hyperbaric oxygen
6treatment and any related travel and living expenses incurred
7by the veteran. The new Code section provides that any moneys
8remaining in the fund as of June 30, 2025, shall be transferred
9for deposit in the veterans trust fund.
10New Code section 35E.4 provides for the process for a
11treating facility to seek reimbursement from the veterans
12recovery fund for providing hyperbaric oxygen treatment. The
13bill provides that a treating facility may submit a proposed
14treatment plan to the department of veterans affairs and
15the commission of veterans affairs for their approval. The
16treatment plan shall include the prescription order for the
17treatment, information verifying the eligibility of the veteran
18and the treatment facility to provide the treatment, the
19estimated costs for providing the treatment and for reimbursing
20the veteran for any associated travel and living expenses, and
21any other information required by the department of veterans
22affairs. The new Code section provides that the treatment
23plan shall not be approved if sufficient moneys to reimburse
24the estimated costs are not available in the veterans recovery
25fund. The new Code section also establishes a process for
26submitting a modified treatment plan if the estimated costs
27for providing the treatment are anticipated to exceed the cost
28estimate in the initial treatment plan.
29New Code section 35E.5 provides for requirements relative
30to providing hyperbaric oxygen treatment and provides for
31the manner in which treatment-related expenses are to be
32reimbursed. The Code section provides that a treatment
33facility shall not be reimbursed for providing treatment
34unless a treatment plan has been approved. If a treatment
35facility elects to provide hyperbaric oxygen treatment under
-7-1the pilot program, the facility shall provide the treatment
2without charge to a veteran and shall submit regular reports
3to the department of veterans affairs concerning the efficacy
4of the treatment and on whether the treatments have been
5concluded. The new Code section also provides for a process
6for a treatment facility and a veteran to receive reimbursement
7for expenses incurred. The new Code sections require the
8department of veterans affairs to provide written notification
9to the treatment facility and veteran after treatment has
10concluded, which notice shall indicate when any additional
11requests for reimbursement may be made.
12Code section 35E.6 provides that the new Code chapter is
13repealed July 1, 2025.
14The bill further directs the department of veterans affairs
15to submit a notice of intended action to the administrative
16rules coordinator and the administrative code editor not later
17than January 1, 2020, for the adoption of rules necessary to
18implement and administer the new Code chapter.
-8-mo/rn
2for the reimbursement of expenses related to providing
3hyperbaric oxygen treatment to eligible veterans.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 35E.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Commission” means the commission of veterans affairs
5established in section 35A.2.
62. “Department” means the Iowa department of veterans
7affairs created in section 35A.4.
83. “Health care practitioner” means a practitioner as
9defined in section 155A.3.
104. “Hyperbaric oxygen treatment” means treatment, including
11diagnostic testing and other related medical treatments, for
12traumatic brain injury or post-traumatic stress disorder
13prescribed by a health care practitioner that utilizes, as part
14of the treatment, any of the following:
15a. A hyperbaric chamber approved by the United States food
16and drug administration.
17b. A hyperbaric oxygen device that is approved by the United
18States food and drug administration for investigational use
19under the direction of an institutional review board with a
20national clinical trial number.
215. “Pilot program” means the veterans recovery pilot program
22established under this chapter.
236. “Traumatic brain injury” means an acquired injury to the
24brain. “Traumatic brain injury” does not mean brain dysfunction
25caused by congenital or degenerative disorders or birth trauma.
267. “Treatment facility” means a hospital as defined in
27section 135B.1, an organized outpatient health facility as
28defined in section 135.61, or any other facility that is
29authorized by the department to provide hyperbaric oxygen
30treatment under this chapter.
318. “Veteran” means a veteran as defined in section 35.1, a
32member of the national guard or reserve forces of the United
33States, and a former member of the national guard or reserve
34forces of the United States who was discharged under honorable
35conditions.
-1- 19. “Veterans recovery fund” means the veterans recovery fund
2created in section 35E.3.
3 Sec. 2. NEW SECTION. 35E.2 Veterans recovery pilot program
4— establishment — reports — rules.
51. The department shall establish a veterans recovery pilot
6program, subject to sufficient funds in the veterans recovery
7fund to operate the pilot program, to provide hyperbaric oxygen
8treatment and support services to eligible veterans who have
9been diagnosed with a post-traumatic stress disorder or a
10traumatic brain injury pursuant to the requirements of this
11chapter.
122. The department shall adopt rules to implement and
13administer this chapter.
143. By October 1 of each even-numbered year, the department
15shall submit a biennial report regarding the pilot program
16that includes an evaluation of the effectiveness of the pilot
17program and the number of veterans and treatment facilities
18participating in the pilot program.
19 Sec. 3. NEW SECTION. 35E.3 Veterans recovery fund.
201. A veterans recovery fund is created in the state treasury
21under the control of the department.
222. The fund shall consist of moneys received in the form
23of a devise, gift, bequest, donation, federal or other grant,
24reimbursement of payments made by any responsible third-party
25payor, repayment, judgment, transfer, or payment intended to be
26used for the purposes of the fund. The general assembly shall
27make no appropriation to the fund from public moneys of the
28state.
293. Moneys in the fund are appropriated to the department
30and may be expended by the department for any of the following
31purposes:
32a. Expenses incurred by the department in administering the
33pilot program.
34b. Expenses authorized pursuant to a treatment plan approved
35pursuant to section 35E.4 for hyperbaric oxygen treatment of a
-2-1veteran under the pilot program.
2c. Expenses authorized pursuant to a treatment plan approved
3pursuant to section 35E.4 for any necessary travel and living
4expenses of a veteran required to travel to obtain hyperbaric
5oxygen treatment under the pilot program.
64. Any unencumbered or unobligated moneys remaining in the
7fund as of June 30, 2025, shall be transferred for deposit in
8the veterans trust fund created in section 35A.13.
9 Sec. 4. NEW SECTION. 35E.4 Hyperbaric oxygen treatment —
10treatment plan.
111. A treatment facility seeking reimbursement for providing
12hyperbaric oxygen treatment to a veteran under the pilot
13program shall, prior to providing such treatment, submit a
14proposed treatment plan to the department in a manner as
15prescribed by the department.
162. The proposed treatment plan shall include the following
17information:
18a. A prescription order for hyperbaric oxygen treatment
19issued by a health care practitioner.
20b. Information verifying the eligibility of the veteran to
21receive treatment and that the treatment facility is authorized
22to provide hyperbaric oxygen treatment.
23c. An estimate of the costs for providing hyperbaric oxygen
24treatment by the treatment facility.
25d. An estimate of cost for reimbursing any necessary travel
26and living expenses of the veteran required to travel to obtain
27the hyperbaric oxygen treatment.
28e. Any other information required by the department.
293. Upon receipt of a proposed treatment plan, the department
30and the commission shall approve or disapprove the treatment
31plan within a reasonable time as established by rule. The
32department shall not approve the treatment plan if there
33is not sufficient money in the veterans recovery fund to
34reimburse the estimate of costs and expenses provided in the
35proposed treatment plan. The department shall notify the
-3-1treatment facility whether the treatment plan was approved or
2disapproved.
34. A treatment facility may, following approval of a
4proposed treatment plan, submit a modified treatment plan if
5actual expenses are anticipated to exceed the estimated costs
6approved in the initial treatment plan. The department and the
7commission shall approve or disapprove the modified treatment
8plan, subject to sufficient moneys in the veterans recovery
9fund for the increased expenses, and shall notify the treatment
10facility within a reasonable time as established by rule
11whether the modified treatment plan was approved or disapproved
12within a reasonable time as established by rule.
13 Sec. 5. NEW SECTION. 35E.5 Provision of treatment —
14reimbursement of expenses.
151. A treatment facility shall receive reimbursement of
16expenses incurred in providing hyperbaric oxygen treatment
17under the pilot program to a veteran if the department and the
18commission have approved a treatment plan under section 35E.4
19for the veteran.
202. A treatment facility that elects to provide hyperbaric
21oxygen treatment to a veteran under the pilot program shall
22provide the treatment without charge to the veteran. A veteran
23receiving treatment under the pilot program is not liable for
24the cost of treatment or expenses incurred under the pilot
25program.
263. A treatment facility that elects to provide treatment
27under the pilot program shall submit to the department regular
28reports, in the form prescribed by the department, of the
29veteran’s measured health improvements under the treatment
30plan and whether treatments are continuing or have concluded.
31If hyperbaric oxygen treatment has concluded, the treatment
32facility shall indicate the date the treatment concluded.
334. A treatment facility providing hyperbaric oxygen
34treatment under the pilot program may submit a request for
35reimbursement of expenses incurred by the treatment facility to
-4-1the department. The department shall approve the request and
2reimburse the expenses from the veterans recovery fund if all
3of the following criteria are met:
4a. The hyperbaric oxygen treatment was provided according to
5the approved treatment plan or modified treatment plan.
6b. The expenses do not exceed the estimated cost of the
7hyperbaric oxygen treatment as provided in the approved
8treatment plan or modified treatment plan.
9c. The treatment facility demonstrates in the reports
10submitted to the department as required by subsection 3 that
11the veteran is making measured health improvements or that
12continuing treatment is recommended.
135. The department shall reimburse a veteran from moneys in
14the veterans recovery fund for any travel and living expenses
15incurred by the veteran receiving hyperbaric oxygen treatment
16under the pilot program if the amount requested does not exceed
17the estimated cost of travel and living expenses as provided in
18the approved treatment plan or modified treatment plan.
196. After six months from the date specified in the reports
20submitted to the department from a treatment facility that
21treatment has concluded, the department shall notify the
22treatment facility and veteran in writing of the expenses
23that have been reimbursed and whether the amounts reimbursed
24are less than the costs authorized to be reimbursed pursuant
25to an approved treatment plan or modified treatment plan.
26The written notification shall further notify the treatment
27facility and the veteran that any requests for reimbursement
28shall not be authorized if a request for reimbursement is not
29submitted within ninety days after receiving the notice unless,
30prior to the ninety days, the treatment facility indicates that
31treatment has not been completed.
32 Sec. 6. NEW SECTION. 35E.6 Repeal.
33This chapter is repealed July 1, 2025.
34 Sec. 7. DIRECTIVE TO DEPARTMENT OF VETERANS AFFAIRS. The
35department of veterans affairs shall submit a notice of
-5-1intended action to the administrative rules coordinator and
2the administrative code editor pursuant to section 17A.4,
3subsection 1, paragraph “a”, not later than January 1, 2020,
4for the adoption of rules to implement and administer chapter
535E as enacted in this Act.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill establishes a veterans recovery pilot program,
10administered by the department of veterans affairs for the
11reimbursement of expenses related to providing hyperbaric
12oxygen treatment to eligible veterans.
13New Code section 35E.1 establishes definitions applicable
14to the new Code chapter. The bill includes definitions for
15commission, department, health care practitioner, hyperbaric
16oxygen treatment, traumatic brain injury, treatment facility,
17and veteran. Specifically, the bill defines hyperbaric oxygen
18treatment as treatment, including diagnostic testing and other
19related medical treatments, for traumatic brain injury or
20post-traumatic stress disorder prescribed by a health care
21practitioner that utilizes a United States food and drug
22administration-approved hyperbaric chamber or hyperbaric oxygen
23device.
24New Code section 35E.2 establishes the veterans recovery
25pilot program, subject to sufficient funds to operate the
26program, requires the department of veterans affairs to adopt
27rules to implement and administer the program, and includes
28a reporting requirement for each department concerning the
29operation of the pilot program.
30New Code section 35E.3 creates a veterans recovery fund
31in the state treasury under the control of the department of
32veterans affairs. The new Code section provides that the fund
33shall consist of moneys contributed through or received from
34any devise, gift, bequest, donation, federal or other grant,
35reimbursement of payments made by any responsible third-party
-6-1payor, repayment, judgment, transfer, or payment intended to be
2used for the purposes of the fund. The department of veterans
3affairs is to expend moneys in the fund, as appropriated by the
4department, for expenses incurred in operating the program and
5for expenses authorized to be reimbursed for hyperbaric oxygen
6treatment and any related travel and living expenses incurred
7by the veteran. The new Code section provides that any moneys
8remaining in the fund as of June 30, 2025, shall be transferred
9for deposit in the veterans trust fund.
10New Code section 35E.4 provides for the process for a
11treating facility to seek reimbursement from the veterans
12recovery fund for providing hyperbaric oxygen treatment. The
13bill provides that a treating facility may submit a proposed
14treatment plan to the department of veterans affairs and
15the commission of veterans affairs for their approval. The
16treatment plan shall include the prescription order for the
17treatment, information verifying the eligibility of the veteran
18and the treatment facility to provide the treatment, the
19estimated costs for providing the treatment and for reimbursing
20the veteran for any associated travel and living expenses, and
21any other information required by the department of veterans
22affairs. The new Code section provides that the treatment
23plan shall not be approved if sufficient moneys to reimburse
24the estimated costs are not available in the veterans recovery
25fund. The new Code section also establishes a process for
26submitting a modified treatment plan if the estimated costs
27for providing the treatment are anticipated to exceed the cost
28estimate in the initial treatment plan.
29New Code section 35E.5 provides for requirements relative
30to providing hyperbaric oxygen treatment and provides for
31the manner in which treatment-related expenses are to be
32reimbursed. The Code section provides that a treatment
33facility shall not be reimbursed for providing treatment
34unless a treatment plan has been approved. If a treatment
35facility elects to provide hyperbaric oxygen treatment under
-7-1the pilot program, the facility shall provide the treatment
2without charge to a veteran and shall submit regular reports
3to the department of veterans affairs concerning the efficacy
4of the treatment and on whether the treatments have been
5concluded. The new Code section also provides for a process
6for a treatment facility and a veteran to receive reimbursement
7for expenses incurred. The new Code sections require the
8department of veterans affairs to provide written notification
9to the treatment facility and veteran after treatment has
10concluded, which notice shall indicate when any additional
11requests for reimbursement may be made.
12Code section 35E.6 provides that the new Code chapter is
13repealed July 1, 2025.
14The bill further directs the department of veterans affairs
15to submit a notice of intended action to the administrative
16rules coordinator and the administrative code editor not later
17than January 1, 2020, for the adoption of rules necessary to
18implement and administer the new Code chapter.
-8-mo/rn