I

106TH CONGRESS

2D SESSION H. R. 5132

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

SEPTEMBER 7, 2000

Mr. FRELINGHUYSEN (for himself, Mrs. KELLY, Mr. FRANKS of New Jersey,

Mr. GILMAN, Mr. HINCHEY, Mrs. ROUKEMA, Mr. SAXTON, Mrs. MCCARTHY of New York, Mr. KING, Mr. LOBIONDO, Mr. PALLONE, Mr.

PASCRELL, Mr. LAZIO, Mr. CROWLEY, Mr. WEINER, Mr. SWEENEY, Mr.

FOSSELLA, Mr. SERRANO, Mr. SMITH of New Jersey, Mr. MEEKS of New

York, Mr. PAYNE, Mr. MENENDEZ, Mr. ANDREWS, Mr. KLECZKA, and

Mr. ROTHMAN), 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.

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 ‘‘Veterans Comprehen5 sive Hepatitis C Health Care Act’’.
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1 SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TEST2 ING AND TREATMENT PROGRAM FOR VET3 ERANS.

4 (a) IN GENERAL.—(1) Chapter 17 of title 38, United

5 States Code, is amended by inserting after section 1720E

6 the following new section:

7 ‘‘§ 1720F. Hepatitis C testing and treatment

8 ‘‘(a)(1) During the first year after the date of the

9 enactment of this section, the Secretary shall provide a

10 blood test for the Hepatitis C virus to—

11 ‘‘(A) each veteran who served in the active mili12 tary, naval, or air service during the Vietnam era

13 and is enrolled to receive care under section 1710 of

14 this title who requests the test or is otherwise receiv15 ing a physical examination or any care or treatment

16 from the Secretary; and

17 ‘‘(B) to any other veteran who requests the

18 test.

19 ‘‘(2) After the end of the one-year period referred to

20 in paragraph (1), the Secretary shall provide a blood test

21 for the Hepatitis C virus to any veteran who presents one

22 or more risk factors for that virus and who requests the

23 test.

24 ‘‘(b) In the case of any veteran who tests positive for

25 the Hepatitis C virus, the Secretary shall provide an ap26 propriate treatment protocol for that veteran. Treatment
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1 shall be provided under this subsection without regard to

2 whether the Hepatitis C virus is determined to be service3 connected and without regard to priority group categoriza4 tion of the veteran. No copayment may be charged for

5 treatment under this subsection.

6 ‘‘(c) In the case of any veteran who tests positive for

7 the Hepatitis C virus, the Secretary shall, upon request,

8 perform a liver biopsy on the veteran as a follow-up test.

9 ‘‘(d) In the case of any veteran who tests positive for

10 the Hepatitis C virus, the Secretary shall, upon request,

11 provide a Hepatitis C virus genotype test before beginning

12 treatment of the veteran under subsection (b).

13 ‘‘(e)(1) The Secretary shall require that each Depart14 ment medical center employ at least one full-time gastro15 enterologist or hepatologist to conduct tests for the Hepa16 titis C virus under this section.

17 ‘‘(2) The Secretary shall, to the extent practicable,

18 ensure that each Department medical center has at least

19 one staff member assigned to work, in coordination with

20 Hepatitis C medical personnel, to coordinate treatment op21 tions for Hepatitis C patients and provide information for

22 those patients. Such a staff member should preferably be

23 trained in psychology or psychiatry or be a social worker.

24 ‘‘(3) In order to improve treatment provided to vet25 erans with the Hepatitis C virus, the Secretary shall pro-
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1 vide increased training options to Department health care

2 personnel.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 1720E the following new

6 item:

‘‘1720F. Hepatitis C testing and treatment.’’.

7 SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DE8 PARTMENT OF VETERANS AFFAIRS.

9 (a) PROGRAM ACCOUNT.—Beginning with fiscal year

10 2001, amounts appropriated for the Department of Vet11 erans Affairs for Hepatitis C detection and treatment

12 shall be provided, within the ‘‘Medical Care’’ account,

13 through the ‘‘Specific Purpose’’ subaccount, rather than

14 the ‘‘VERA’’ subaccount.

15 (b) ALLOCATION OF FUNDS TO VISNS.—In allo16 cating funds appropriated for the Department of Veterans

17 Affairs for the ‘‘Medical Care’’ account to the Veterans

18 Integrated Service Networks, the Secretary of Veterans

19 Affairs shall allocate funds for detection and treatment of

20 the Hepatitis C virus based upon incidence rates of that

21 virus among veterans (rather than based upon the overall

22 population of veterans) in each such network.

23 (c) LIMITATION ON USE OF FUNDS.—Amounts ap24 propriated for the Department of Veterans Affairs for

25 Hepatitis C detection and treatment through the ‘‘Specific
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1 Purpose’’ subaccount may not be used for any other pur2 pose.

3 SEC. 4. NATIONAL POLICY.

4 (a) STANDARDIZED NATIONWIDE POLICY.—The Sec5 retary of Veterans Affairs shall develop and implement a

6 standardized policy to be applied throughout the Depart7 ment of Veterans Affairs health care system with respect

8 to the Hepatitis C virus. The policy shall include the test9 ing protocol for the Hepatitis C virus, treatment options,

10 education and notification efforts, and establishment of a

11 specific Hepatitis C diagnosis code for measurement and

12 treatment purposes.

13 (b) OUTREACH.—The Secretary shall, on an annual

14 basis, take appropriate actions to notify veterans who have

15 not been tested for the Hepatitis C virus of the need for

16 such testing and the availability of such testing from the

17 Department of Veterans Affairs.

18 SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE.

19 (a) ESTABLISHMENT.—The Secretary of Veterans

20 Affairs shall establish at least one, and not more than

21 three, Hepatitis C centers of excellence. Each such center

22 shall be established at a Department of Veterans Affairs

23 medical center in one of the five geographic service areas

24 (known as a Veterans Integrated Service Network) with

25 the highest case rate of Hepatitis C in fiscal year 1999.
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1 (b) FUNDING.—Funding for the centers established

2 under subsection (a) shall be provided from amounts avail3 able to the Central Office of the Department of Veterans

4 Affairs and shall be in addition to amounts allocated for

5 Hepatitis C pursuant to section 3.

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