HBOT Access Act of 2021

II 117TH CONGRESS 1ST SESSION S. 2189 To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to certain veterans with traumatic brain injury or post-traumatic stress disorder. IN THE SENATE OF THE UNITED STATES JUNE 23, 2021 Mr. TUBERVILLE (for himself, Mr. CRAMER, and Mr. HOEVEN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Sec- retary of Veterans Affairs to furnish hyperbaric oxygen therapy to certain veterans with traumatic brain injury or post-traumatic stress disorder. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘HBOT Access Act of 4 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 00:32 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2189.IS S2189 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2189 IS (1) The suicide rate among veterans is 18 per 1 day. 2 (2) Veterans are at a higher risk of suicide than 3 the general population of the United States and 4 Congress must provide continued support at the 5 Federal, State, and local levels to combat the pan- 6 demic of veteran suicide. 7 (3) Veterans deserve every opportunity to enjoy 8 the freedom that they fought for overseas. 9 (4) The Department of Veterans Affairs should 10 consider and establish alternate treatments for trau- 11 matic brain injury and post-traumatic stress dis- 12 order that do not require prescription drugs, opioids, 13 or invasive procedures. 14 (5) Hyperbaric oxygen therapy is a proven 15 treatment for symptoms of traumatic brain injury 16 and post-traumatic stress disorder and should be ac- 17 cessible to veterans who are at a high-risk of suicide 18 or self-harm. 19 SEC. 3. HYPERBARIC OXYGEN THERAPY FOR VETERANS 20 WITH TRAUMATIC BRAIN INJURY OR POST- 21 TRAUMATIC STRESS DISORDER. 22 (a) HYPERBARIC OXYGEN THERAPY FOR VET- 23 ERANS.— 24 VerDate Sep 11 2014 00:32 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2189.IS S2189 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2189 IS (1) IN GENERAL.—Subchapter II of chapter 17 1 of title 38, United States Code, is amended by in- 2 serting after section 1710E the following new sec- 3 tion: 4 ‘‘§ 1710F. Traumatic brain injury and post-traumatic 5 stress disorder: hyperbaric oxygen ther- 6 apy 7 ‘‘(a) AUTHORITY.—The Secretary shall furnish 8 hyperbaric oxygen therapy through a health care provider 9 described in section 1703(c)(5) of this title to a veteran 10 who— 11 ‘‘(1) has a condition specified in subsection (b); 12 ‘‘(2) is at a high risk of suicide or self harm, 13 as determined by the Secretary of Veterans Affairs 14 or the Secretary of Defense; and 15 ‘‘(3) has used not fewer than two evidence- 16 based treatment options for such condition. 17 ‘‘(b) COVERED CONDITIONS.—The conditions speci- 18 fied in this subsection are the following: 19 ‘‘(1) Traumatic brain injury. 20 ‘‘(2) Post-traumatic stress disorder.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of such subchapter is amend- 23 ed by inserting after the item relating to section 24 1710E the following new item: 25 VerDate Sep 11 2014 00:32 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2189.IS S2189 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2189 IS ‘‘1710F. Traumatic brain injury and post-traumatic stress disorder: hyperbaric oxygen therapy.’’. (b) INCLUSION OF INFORMATION IN STUDY.—Sec- 1 tion 702(d) of the Commander John Scott Hannon Vet- 2 erans Mental Health Care Improvement Act of 2019 3 (Public Law 116–171; 134 Stat. 828) is amended— 4 (1) in paragraph (1), by inserting ‘‘under sec- 5 tion 1710F of title 38, United States Code, or’’ be- 6 fore ‘‘through’’; and 7 (2) in paragraph (2), by inserting ‘‘under sec- 8 tion 1710F of title 38, United States Code, or’’ be- 9 fore ‘‘through’’. 10 Æ VerDate Sep 11 2014 00:32 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2189.IS S2189 kjohnson on DSK79L0C42PROD with BILLS