I 

112TH CONGRESS 

1ST SESSION H. R. 396 

To direct the Secretary of Defense and the Secretary of Veterans Affairs 

to carry out a pilot program under which the Secretaries make payments 

for certain treatments of traumatic brain injury and post-traumatic stress 

disorder. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2011 

Mr. SESSIONS (for himself, Mr. PLATTS, and Mr. PASCRELL) introduced the 

following bill; which was referred to the Committee on Armed Services, 

and in addition to the Committee on Veterans’ Affairs, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To direct the Secretary of Defense and the Secretary of 

Veterans Affairs to carry out a pilot program under 

which the Secretaries make payments for certain treatments of traumatic brain injury and post-traumatic 

stress disorder. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TBI Treatment Act’’. 


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1 SEC. 2. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF 

2 MEMBERS OF THE ARMED FORCES AND VET3 ERANS FOR TRAUMATIC BRAIN INJURY AND 

4 POST-TRAUMATIC STRESS DISORDER. 

5 (a) PAYMENT PROCESS.—The Secretary of Defense 

6 and the Secretary of Veterans Affairs shall carry out a 

7 five-year pilot program under which each such Secretary 

8 shall establish a process through which each Secretary 

9 shall provide payment for treatments (including diagnostic 

10 testing) of traumatic brain injury or post-traumatic stress 

11 disorder received by members of the Armed Forces and 

12 veterans in health care facilities other than military treat13 ment facilities or Department of Veterans Affairs medical 

14 facilities. Such process shall provide that payment be 

15 made directly to the health care facility furnishing the 

16 treatment. 

17 (b) CONDITIONS FOR PAYMENT.—The approval by a 

18 Secretary for payment for a treatment pursuant to sub19 section (a) shall be subject to the following conditions: 

20 (1) Any drug or device used in the treatment 

21 must be approved or cleared by the Food and Drug 

22 Administration for any purpose. 

23 (2) The treatment must have been approved by 

24 an institutional review board operating in accordance 

25 with regulations issued by the Secretary of Health 

26 and Human Services. 


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1 (3) The treatment (including any patient disclo2 sure requirements) must be used by the health care 

3 provider delivering the treatment. 

4 (4) The patient receiving the treatment must 

5 demonstrate an improvement as a result of the 

6 treatment on one or more of the following: 

7 (A) Standardized independent pre-treat8 ment and post-treatment neuropsychological 

9 testing. 

10 (B) Accepted survey instruments. 

11 (C) Neurological imaging. 

12 (D) Clinical examination. 

13 (5) The patient receiving the treatment must be 

14 receiving the treatment voluntarily. 

15 (6) The patient receiving the treatment may not 

16 be a retired member of the uniformed services or of 

17 the Armed Forces who is over the age of 65 and en18 titled to benefits under part A, or eligible to enroll 

19 under part B, of title XVIII of the Social Security 

20 Act. 

21 (c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex22 cept as provided in this subsection (b), no restriction or 

23 condition for reimbursement may be placed on any health 

24 care provider that is operating lawfully under the laws of 


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1 the State in which the provider is located with respect to 

2 the receipt of payment under this Act. 

3 (d) PAYMENT DEADLINE.—The Secretary of Defense 

4 and the Secretary of Veterans Affairs shall make a pay5 ment for a treatment pursuant to subsection (a) not later 

6 than 30 days after a member of the Armed Forces or vet7 eran (or health care provider on behalf of such member 

8 or veteran) submits to the Secretary documentation re9 garding the treatment. The Secretary of Defense and the 

10 Secretary of Veterans Affairs shall ensure that the docu11 mentation required under this subsection may not be an 

12 undue burden on the member of the Armed Forces or vet13 eran or on the health care provider. 

14 (e) PAYMENT AUTHORITY.— 

15 (1) DEPARTMENT OF DEFENSE.—The Sec16 retary of Defense shall make payments under this 

17 section for treatments received by members of the 

18 Armed Forces using the authority in subsection 

19 (c)(1) of section 1074 of title 10, United States 

20 Code. 

21 (2) DEPARTMENT OF VETERANS AFFAIRS.— 

22 The Secretary of Veterans Affairs shall make pay23 ments under this section for treatments received by 

24 veterans using the authority in section 1728 of title 

25 38, United States Code. 


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1 (f) PAYMENT AMOUNT.—A payment under this Act 

2 shall be made at the equivalent Centers for Medicare and 

3 Medicaid Services reimbursement rate in effect for appro4 priate treatment codes for the State or territory in which 

5 the treatment is received. If no such rate is in effect, pay6 ment shall be made at a fair market rate, as determined 

7 by the Secretary of Defense, in consultation with the Sec8 retary of Health and Human Services, with respect to a 

9 patient who is a member of the Armed Forces or the Sec10 retary of Veterans Affairs with respect to a patient who 

11 is a veteran. 

12 (g) DATA COLLECTION AND AVAILABILITY.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 and the Secretary of Veterans Affairs shall jointly 

15 develop and maintain a database containing data 

16 from each patient case involving the use of a treat17 ment under this section. The Secretaries shall en18 sure that the database preserves confidentiality and 

19 be made available only— 

20 (A) for third-party payer examination; 

21 (B) to the appropriate congressional com22 mittees and employees of the Department of 

23 Defense, the Department of Veterans Affairs, 

24 the Department of Health and Human Services, 

25 and appropriate State agencies; and 


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1 (C) to the primary investigator of the insti2 tutional review board that approved the treat3 ment, in the case of data relating to a patient 

4 case involving the use of such treatment. 

5 (2) ENROLLMENT IN INSTITUTIONAL REVIEW

6 BOARD STUDY.—In the case of a patient enrolled in 

7 a registered institutional review board study, results 

8 may be publically distributable in accordance with 

9 the regulations prescribed pursuant to the Health 

10 Insurance Portability and Accountability Act of 

11 1996 (Public Law 104–191) and other regulations 

12 and practices in effect as of the date of the enact13 ment of this Act. 

14 (3) QUALIFIED INSTITUTIONAL REVIEW

15 BOARDS.—The Secretary of Defense and the Sec16 retary of Veterans Affairs shall each ensure that the 

17 Internet Web site of their respective departments in18 cludes a list of all civilian institutional review board 

19 studies that have received a payment under this Act. 

20 (h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT21 MENT.— 

22 (1) ASSIGNMENT TO TEMPORARY DUTY.—The 

23 Secretary of a military department may assign a 

24 member of the Armed Forces under the jurisdiction 

25 of the Secretary to temporary duty or allow the 


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1 member a permissive temporary duty in order to 

2 permit the member to receive treatment for trau3 matic brain injury or post-traumatic stress disorder, 

4 for which payments shall be made under subsection 

5 (a), at a location beyond reasonable commuting dis6 tance of the member’s permanent duty station. 

7 (2) PAYMENT OF PER DIEM.—A member who is 

8 away from the member’s permanent station may be 

9 paid a per diem in lieu of subsistence in an amount 

10 not more than the amount to which the member 

11 would be entitled if the member were performing 

12 travel in connection with a temporary duty assign13 ment. 

14 (3) GIFT RULE WAIVER.—Notwithstanding any 

15 rule of any department or agency with respect to 

16 ethics or the receipt of gifts, any assistance provided 

17 to a member of the Armed Forces with a service18 connected injury or disability for travel, meals, or 

19 entertainment incidental to receiving treatment 

20 under this Act, or for the provision of such treat21 ment, shall not be subject to or covered by any such 

22 rule. 

23 (i) RETALIATION PROHIBITED.—No retaliation may 

24 be made against any member of the Armed Forces or vet25 eran who receives treatment as part of registered instituVerDate Mar 15 2010 07:12 Jan 25, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396

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1 tional review board study carried out by a civilian health 

2 care practitioner. 

3 (j) TREATMENT OF UNIVERSITY AND NATIONALLY

4 ACCREDITED INSTITUTIONAL REVIEW BOARDS.—For 

5 purposes of this Act, a university-affiliated or nationally 

6 accredited institutional review board shall be treated in the 

7 same manner as a Government institutional review board. 

8 (k) MEMORANDA OF UNDERSTANDING.—The Sec9 retary of Defense and the Secretary of Veterans Affairs 

10 shall seek to expeditiously enter into memoranda of under11 standings with civilian institutional review boards de12 scribed in subsection (j) for the purpose of providing for 

13 members of the Armed Forces and veterans to receive 

14 treatment carried out by civilian health care practitioners 

15 under a treatment approved by and under the oversight 

16 of civilian institutional review boards that would qualify 

17 for payment under this Act. 

18 (l) OUTREACH REQUIRED.— 

19 (1) OUTREACH TO VETERANS.—The Secretary 

20 of Veterans Affairs shall notify each veteran with a 

21 service-connected injury or disability of the oppor22 tunity to receive treatment pursuant to this Act. 

23 (2) OUTREACH TO MEMBERS OF THE ARMED

24 FORCES.—The Secretary of Defense shall notify 

25 each member of the Armed Forces with a serviceVerDate Mar 15 2010 07:12 Jan 25, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396

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1 connected injury or disability of the opportunity to 

2 receive treatment pursuant to this Act. 

3 (m) REPORT TO CONGRESS.—Not later than 30 days 

4 after the last day of each fiscal year during which the Sec5 retary of Defense and the Secretary of Veterans Affairs 

6 are authorized to make payments under this Act, the Sec7 retaries shall jointly submit to Congress an annual report 

8 on the implementation of this Act. Such report shall in9 clude each of the following for that fiscal year: 

10 (1) The number of individuals for whom the 

11 Secretary has provided payments under this Act. 

12 (2) The condition for which each such indi13 vidual receives treatment for which payment is pro14 vided under this Act and the success rate of each 

15 such treatment. 

16 (3) Treatment methods that are used by enti17 ties receiving payment provided under this Act and 

18 the respective rate of success of each such method. 

19 (4) The recommendations of the Secretaries 

20 with respect to the integration of treatment methods 

21 for which payment is provided under this Act into 

22 facilities of the Department of Defense and Depart23 ment of Veterans Affairs. 


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1 (n) TERMINATION.—The authority to make a pay2 ment under this Act shall terminate on the date that is 

3 five years after the date of the enactment of this Act. 

4 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this Act 

6 $10,000,000 for each fiscal year during which the Sec7 retary of Veterans Affairs and the Secretary of Defense 

8 are authorized to make payments under this Act. 

Æ 


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