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. MCCAR-
THY 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 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)(1) During the first year after the date of the
enactment of this section, 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
and is enrolled to receive care under section 1710 of
this title who requests the test or is otherwise receiv-
ing a physical examination or any care or treatment
from the Secretary; and
‘‘(B) to any other veteran who requests the
test.
‘‘(2) After the end of the one-year period referred to
in paragraph (1), the Secretary shall provide a blood test
for the Hepatitis C virus to any veteran who presents one
or more risk factors for that virus and who requests the
test.
‘‘(b) In the case of any veteran who tests positive for
the Hepatitis C virus, the Secretary shall provide an ap-
propriate treatment protocol for that veteran. Treatment
shall be provided under this subsection without regard to
whether the Hepatitis C virus is determined to be service-
connected and without regard to priority group categoriza-
tion of the veteran. No copayment may be charged for
treatment under this subsection.
‘‘(c) In the case of any veteran who tests positive for
the Hepatitis C virus, the Secretary shall, upon request,
perform a liver biopsy on the veteran as a follow-up test.
‘‘(d) In the case of any veteran who tests positive for
the Hepatitis C virus, the Secretary shall, upon request,
provide a Hepatitis C virus genotype test before beginning
treatment of the veteran under subsection (b).
‘‘(e)(1) The Secretary shall require that each Depart-
ment medical center employ at least one full-time gastro-
enterologist or hepatologist to conduct tests 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 for
those patients. 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.
(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, Hepatitis C centers of excellence. Each such center
shall be established at a Department of Veterans Affairs
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.