I 
109TH CONGRESS 
1ST SESSION 
H. R. 90 
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 4, 2005 
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 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’’.
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SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TEST-
ING AND TREATMENT PROGRAM FOR VET-
ERANS. 
(a) IN GENERAL.—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.
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‘‘(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.—(1) Treatment shall be pro-
vided under subsection (b) without regard to whether the 
Hepatitis C virus is determined to be service-connected 
and without regard to priority group categorization of the 
veteran. No copayment may be charged for treatment 
under subsection (b), and no third-party reimbursement 
may be sought or accepted, under section 1729 of this title 
or any other provision of law, for testing or treatment 
under subsection (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-
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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 
2006, amounts appropriated for the Department of Vet-
erans Affairs for Hepatitis C detection and treatment 
shall be provided, within the ‘‘Medical Care’’ account,
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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.
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(b) OUTREACH.—The Secretary shall, on an annual 
basis, take appropriate actions to notify veterans who have 
not been tested for the Hepatitis C virus of the need for 
such testing and the availability of such testing from the 
Department of Veterans Affairs. 
SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. 
(a) ESTABLISHMENT.—The Secretary of Veterans 
Affairs shall establish at least one, and not more than 
three, additional Hepatitis C centers of excellence or addi-
tional sites at which activities of Hepatitis C centers of 
excellence are carried out. Each such additional center or 
site shall be established at a Department of Veterans Af-
fairs medical center in one of the five geographic service 
areas (known as a Veterans Integrated Service Network) 
with the highest case rate of Hepatitis C in fiscal year 
1999. 
(b) FUNDING.—Funding for the centers or sites es-
tablished under subsection (a) shall be provided from 
amounts available to the Central Office of the Department 
of Veterans Affairs and shall be in addition to amounts 
allocated for Hepatitis C pursuant to section 3. 
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