I
107TH CONGRESS
1ST SESSION
H. R. 639
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
FEBRUARY 14, 2001
Mr. FRELINGHUYSEN (for himself, Mrs. KELLY, Mr. PALLONE, Mrs. ROU-
KEMA, Mr. MENENDEZ, Mrs. MORELLA, Mr. SHAYS, Mr. GREEN of
Texas, Mr. PASCRELL, Mr. FERGUSON, Mr. SAXTON, Mr. CROWLEY, Mr.
MCGOVERN, Mr. LOBIONDO, Mr. BERMAN, Mr. SISISKY, Mr. WELLER,
Mr. PETRI, Mr. FILNER, Mr. HINCHEY, Mr. SERRANO, Mr. SCHROCK,
Mr. BOUCHER, Mr. KING, Mr. WELDON of Pennsylvania, Mr. GOODE,
Mr. FRANK, Ms. RIVERS, Ms. MCKINNEY, Ms. ROYBAL-ALLARD, Mrs.
MALONEY of New York, Mr. PAYNE, Ms. BALDWIN, Mr. BAIRD, Mr. GIL-
MAN, Mr. SWEENEY, Mrs. MCCARTHY of New York, Mr. FOSSELLA, Mr.
RUSH, Mrs. CHRISTENSEN, Mr. CAPUANO, Mrs. LOWEY, Mr. WEINER,
and Mr. ABERCROMBIE) 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 com-
prehensive program for testing and treatment of veterans
for the Hepatitis C virus.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans Comprehen-
sive Hepatitis C Health Care Act’’.
SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TEST-
ING AND TREATMENT PROGRAM FOR VET-
ERANS.
(a) IN GENERAL.—(1) Chapter 17 of title 38, United
States Code, is amended by inserting after section 1720E
the following new section:
‘‘§ 1720F. Hepatitis C testing and treatment
‘‘(a) INITIAL TESTING.—(1) During the one-year pe-
riod beginning on the date of the enactment of the Vet-
erans 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 mili-
tary, 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 re-
quests the test or is otherwise receiving a physical
examination or any care or treatment from the Sec-
retary; and
‘‘(B) to any other veteran who requests the
test.
‘‘(2) After the end of the period referred to in para-
graph (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—
‘‘(1) shall provide such followup tests as are
considered medically appropriate; and
‘‘(2) shall provide appropriate treatment for
that veteran in accordance with the national protocol
for the treatment of Hepatitis C.
‘‘(c) STATUS OF CARE.—Treatment shall be provided
under subsection (b) without regard to whether the Hepa-
titis C virus is determined to be service-connected and
without regard to priority group categorization of the vet-
eran. No copayment may be charged for treatment under
subsection (b), and no third-party reimbursement may by
sought or accepted, under section 1729 of this title or any
other provision of law, for testing or treatment under sub-
section (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-con-
nected.
‘‘(d) STAFFING.—(1) The Secretary shall require
that each Department medical center employ at least one
full-time gastroenterologist, hepatologist, or other quali-
fied physician to provide tests and treatment for the Hepa-
titis 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 op-
tions 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 vet-
erans with the Hepatitis C virus, the Secretary shall pro-
vide 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:
‘‘1720F. Hepatitis C testing and treatment.’’.
SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DE-
PARTMENT OF VETERANS AFFAIRS.
(a) PROGRAM ACCOUNT.—Beginning with fiscal year
2001, amounts appropriated for the Department of Vet-
erans 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 allo-
cating 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 ap-
propriated for the Department of Veterans Affairs for
Hepatitis C detection and treatment through the ‘‘Specific
Purpose’’ subaccount may not be used for any other pur-
pose.
SEC. 4. NATIONAL POLICY.
(a) STANDARDIZED NATIONWIDE POLICY.—The Sec-
retary of Veterans Affairs shall develop and implement a
standardized policy to be applied throughout the Depart-
ment of Veterans Affairs health care system with respect
to the Hepatitis C virus. The policy shall include the test-
ing 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.