I 

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.

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) INITIAL TESTING.—(1) During the one-year pe9 riod beginning on the date of the enactment of the Vet10 erans Comprehensive Hepatitis C Health Care Act, the 

11 Secretary shall provide a blood test for the Hepatitis C 

12 virus to—

13 ‘‘(A) each veteran who served in the active mili14 tary, naval, or air service during the Vietnam era or 

15 who is considered to be ‘at risk,’ and is enrolled to 

16 receive care under section 1710 of this title who re17 quests the test or is otherwise receiving a physical 

18 examination or any care or treatment from the Sec19 retary; and 

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

21 test. 

22 ‘‘(2) After the end of the period referred to in para23 graph (1), the Secretary shall provide a blood test for the 

24 Hepatitis C virus to any veteran who requests the test. 
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1 ‘‘(b) FOLLOWUP TESTING AND TREATMENT.—In the 

2 case of any veteran who tests positive for the Hepatitis 

3 C virus, the Secretary—

4 ‘‘(1) shall provide such followup tests as are 

5 considered medically appropriate; and 

6 ‘‘(2) shall provide appropriate treatment for 

7 that veteran in accordance with the national protocol 

8 for the treatment of Hepatitis C. 

9 ‘‘(c) STATUS OF CARE.—(1) Treatment shall be pro10 vided under subsection (b) without regard to whether the 

11 Hepatitis C virus is determined to be service-connected 

12 and without regard to priority group categorization of the 

13 veteran. No copayment may be charged for treatment 

14 under subsection (b), and no third-party reimbursement 

15 may be sought or accepted, under section 1729 of this title 

16 or any other provision of law, for testing or treatment 

17 under subsection (a) or (b). 

18 ‘‘(2) Paragraph (1) shall cease to be in effect upon 

19 the effective date of a determination by the Secretary or 

20 by Congress that the occurrence of the Hepatitis C virus 

21 in specified veterans shall be presumed to be service-con22 nected. 

23 ‘‘(d) STAFFING.—(1) The Secretary shall require 

24 that each Department medical center employ at least one 

25 full-time gastroenterologist, hepatologist, or other quali-
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1 fied physician to provide tests and treatment for the Hepa2 titis C virus under this section. 

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

4 ensure that each Department medical center has at least 

5 one staff member assigned to work, in coordination with 

6 Hepatitis C medical personnel, to coordinate treatment op7 tions for Hepatitis C patients and provide information and 

8 counseling for those patients and their families. Such a 

9 staff member should preferably be trained in psychology 

10 or psychiatry or be a social worker. 

11 ‘‘(3) In order to improve treatment provided to vet12 erans with the Hepatitis C virus, the Secretary shall pro13 vide increased training options to Department health care 

14 personnel.’’.

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

16 at the beginning of such chapter is amended by inserting 

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

18 item:

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

19 SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DE20 PARTMENT OF VETERANS AFFAIRS. 

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

22 2004, amounts appropriated for the Department of Vet23 erans Affairs for Hepatitis C detection and treatment 

24 shall be provided, within the ‘‘Medical Care’’ account, 
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1 through the ‘‘Specific Purpose’’ subaccount, rather than 

2 the ‘‘VERA’’ subaccount. 

3 (b) ALLOCATION OF FUNDS TO VISNS.—In allo4 cating funds appropriated for the Department of Veterans 

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

6 Integrated Service Networks, the Secretary of Veterans 

7 Affairs shall allocate funds for detection and treatment of 

8 the Hepatitis C virus based upon incidence rates of that 

9 virus among veterans (rather than based upon the overall 

10 population of veterans) in each such network. 

11 (c) LIMITATION ON USE OF FUNDS.—Amounts ap12 propriated for the Department of Veterans Affairs for 

13 Hepatitis C detection and treatment through the ‘‘Specific 

14 Purpose’’ subaccount may not be used for any other pur15 pose. 

16 SEC. 4. NATIONAL POLICY. 

17 (a) STANDARDIZED NATIONWIDE POLICY.—The Sec18 retary of Veterans Affairs shall develop and implement a 

19 standardized policy to be applied throughout the Depart20 ment of Veterans Affairs health care system with respect 

21 to the Hepatitis C virus. The policy shall include the test22 ing protocol for the Hepatitis C virus, treatment options, 

23 education and notification efforts, and establishment of a 

24 specific Hepatitis C diagnosis code for measurement and 

25 treatment purposes. 
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1 (b) OUTREACH.—The Secretary shall, on an annual 

2 basis, take appropriate actions to notify veterans who have 

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

4 such testing and the availability of such testing from the 

5 Department of Veterans Affairs. 

6 SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. 

7 (a) ESTABLISHMENT.—The Secretary of Veterans 

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

9 three, additional Hepatitis C centers of excellence or addi10 tional sites at which activities of Hepatitis C centers of 

11 excellence are carried out. Each such additional center or 

12 site shall be established at a Department of Veterans Af13 fairs medical center in one of the five geographic service 

14 areas (known as a Veterans Integrated Service Network) 

15 with the highest case rate of Hepatitis C in fiscal year 

16 1999. 

17 (b) FUNDING.—Funding for the centers or sites es18 tablished under subsection (a) shall be provided from 

19 amounts available to the Central Office of the Department 

20 of Veterans Affairs and shall be in addition to amounts 

21 allocated for Hepatitis C pursuant to section 3.

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