Bill Text: NY A10033 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 10033 (Prior Session Legislation)

Bill Title: Establishes "The Bart Law"; requires a hyperbaric oxygen therapy pilot program to treat veterans suffering from traumatic brain injuries and post-traumatic stress disorder.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-09-27 - print number 10033a [A10033 Detail]

Download: New_York-2023-A10033-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                        10033--A

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced  by  M.  of  A. PAULIN, HEVESI, BUTTENSCHON, DAVILA, LUPARDO,
          SHIMSKY, SIMON, STIRPE, JENSEN, BENDETT, GANDOLFO, MIKULIN,  ANGELINO,
          DeSTEFANO, LEMONDES, MANKTELOW, McDONOUGH, PALMESANO, SMULLEN, RAGA --
          read  once  and  referred  to  the  Committee  on  Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the public health law, in  relation  to  establishing  a
          hyperbaric oxygen therapy pilot program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "The Bart Law."
     3    §  2. The public health law is amended by adding a new article 27-CCCC
     4  to read as follows:
     5                               ARTICLE 27-CCCC
     6                   HYPERBARIC OXYGEN THERAPY PILOT PROGRAM
     7  Section 2748. Definitions.
     8          2748-a. Hyperbaric oxygen therapy pilot program.
     9          2748-b. Hyperbaric oxygen therapy authorized.
    10    § 2748. Definitions. As used in  this  article,  the  following  terms
    11  shall have the following meanings:
    12    1.  "Authorized medical professional" shall mean a licensed physician,
    13  physician's assistant, nurse practitioner or other licensed health  care
    14  practitioner  licensed  to practice in this state and acting within such
    15  professional's scope of practice.
    16    2. "Hyperbaric oxygen therapy" shall mean treatment from an authorized
    17  medical professional in either a  hyperbaric  chamber  approved  by  the
    18  United  States  food  and  drug administration, or similar device with a
    19  United States food  and  drug  administration  approved  investigational
    20  device exemption.
    21    3.  "Post-traumatic  stress  disorder"  shall  mean a mental condition
    22  developed after having experienced or witnessed  a  traumatic  or  life-
    23  threatening  event  as such terms are defined by the most recent edition

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15371-02-4

        A. 10033--A                         2

     1  of the diagnostic and statistical manual of mental disorders,  published
     2  by the American Psychiatric Association.
     3    4.  "Traumatic brain injury" shall have the same meaning as defined in
     4  subdivision one of section twenty-seven hundred forty-one of this  chap-
     5  ter.
     6    5.  "Veteran"  shall  have  the same meaning as defined in subdivision
     7  three of section one of the veterans' services law.
     8    § 2748-a. Hyperbaric oxygen therapy pilot program. 1. The commissioner
     9  shall establish a five-year pilot program to provide treatment to veter-
    10  ans suffering from traumatic brain  injuries  or  post-traumatic  stress
    11  disorder by means of hyperbaric oxygen therapy.
    12    2.  The  commissioner  shall  require  providers who are a part of the
    13  hyperbaric oxygen therapy pilot program submit an annual report  to  the
    14  commissioner.  Such  report  shall  include  data analyzing the cost and
    15  efficiency of the hyperbaric oxygen therapy program and any  recommenda-
    16  tions by the provider to improve or expand such hyperbaric oxygen thera-
    17  py pilot program.
    18    3.  On  or  before  December  thirty-first,  two  thousand thirty, the
    19  commissioner shall submit a report to the governor, the temporary presi-
    20  dent of the senate, the speaker of the assembly, the chair of the senate
    21  committee on health, and the chair of the assembly health  committee  on
    22  data  received  pursuant to subdivision two of this section. Such report
    23  shall include an analysis of the cost and efficiency of  the  hyperbaric
    24  oxygen therapy pilot program and the number of veterans receiving treat-
    25  ment through such pilot program.
    26    §  2748-b.  Hyperbaric  oxygen  therapy  authorized. 1. Any authorized
    27  medical professional may prescribe hyperbaric oxygen therapy to a veter-
    28  an diagnosed with a traumatic  brain  injury  or  post-traumatic  stress
    29  disorder.  An  authorized medical professional who prescribes hyperbaric
    30  oxygen therapy shall do so in a manner that complies with accepted stan-
    31  dards of care for hyperbaric oxygen therapy.
    32    2. Any veteran who is a resident of the state of New York and has been
    33  diagnosed with a traumatic brain injury or post-traumatic stress  disor-
    34  der  may  receive  hyperbaric oxygen therapy so long as such therapy has
    35  been prescribed by an authorized medical professional.
    36    § 3. The commissioner of health shall promulgate any  rules  or  regu-
    37  lations necessary for the implementation of this article.
    38    § 4. This act shall take effect immediately.