S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10033--A
 
                           I N  A S S E M B L Y
 
                                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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "The Bart Law."
   §  2. The public health law is amended by adding a new article 27-CCCC
 to read as follows:
                              ARTICLE 27-CCCC
                  HYPERBARIC OXYGEN THERAPY PILOT PROGRAM
 SECTION 2748. DEFINITIONS.
         2748-A. HYPERBARIC OXYGEN THERAPY PILOT PROGRAM.
         2748-B. HYPERBARIC OXYGEN THERAPY AUTHORIZED.
   § 2748. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AUTHORIZED MEDICAL PROFESSIONAL" SHALL MEAN A LICENSED PHYSICIAN,
 PHYSICIAN'S ASSISTANT, NURSE PRACTITIONER OR OTHER LICENSED HEALTH  CARE
 PRACTITIONER  LICENSED  TO PRACTICE IN THIS STATE AND ACTING WITHIN SUCH
 PROFESSIONAL'S SCOPE OF PRACTICE.
   2. "HYPERBARIC OXYGEN THERAPY" SHALL MEAN TREATMENT FROM AN AUTHORIZED
 MEDICAL PROFESSIONAL IN EITHER A  HYPERBARIC  CHAMBER  APPROVED  BY  THE
 UNITED  STATES  FOOD  AND  DRUG ADMINISTRATION, OR SIMILAR DEVICE WITH A
 UNITED STATES FOOD  AND  DRUG  ADMINISTRATION  APPROVED  INVESTIGATIONAL
 DEVICE EXEMPTION.
   3.  "POST-TRAUMATIC  STRESS  DISORDER"  SHALL  MEAN A MENTAL CONDITION
 DEVELOPED AFTER HAVING EXPERIENCED OR WITNESSED  A  TRAUMATIC  OR  LIFE-
 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
 
 OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS,  PUBLISHED
 BY THE AMERICAN PSYCHIATRIC ASSOCIATION.
   4.  "TRAUMATIC BRAIN INJURY" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWENTY-SEVEN HUNDRED FORTY-ONE OF THIS  CHAP-
 TER.
   5.  "VETERAN"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION
 THREE OF SECTION ONE OF THE VETERANS' SERVICES LAW.
   § 2748-A. HYPERBARIC OXYGEN THERAPY PILOT PROGRAM. 1. THE COMMISSIONER
 SHALL ESTABLISH A FIVE-YEAR PILOT PROGRAM TO PROVIDE TREATMENT TO VETER-
 ANS SUFFERING FROM TRAUMATIC BRAIN  INJURIES  OR  POST-TRAUMATIC  STRESS
 DISORDER BY MEANS OF HYPERBARIC OXYGEN THERAPY.
   2.  THE  COMMISSIONER  SHALL  REQUIRE  PROVIDERS WHO ARE A PART OF THE
 HYPERBARIC OXYGEN THERAPY PILOT PROGRAM SUBMIT AN ANNUAL REPORT  TO  THE
 COMMISSIONER.  SUCH  REPORT  SHALL  INCLUDE  DATA ANALYZING THE COST AND
 EFFICIENCY OF THE HYPERBARIC OXYGEN THERAPY PROGRAM AND ANY  RECOMMENDA-
 TIONS BY THE PROVIDER TO IMPROVE OR EXPAND SUCH HYPERBARIC OXYGEN THERA-
 PY PILOT PROGRAM.
   3.  ON  OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND THIRTY, THE
 COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
 COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEMBLY HEALTH  COMMITTEE  ON
 DATA  RECEIVED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION. SUCH REPORT
 SHALL INCLUDE AN ANALYSIS OF THE COST AND EFFICIENCY OF  THE  HYPERBARIC
 OXYGEN THERAPY PILOT PROGRAM AND THE NUMBER OF VETERANS RECEIVING TREAT-
 MENT THROUGH SUCH PILOT PROGRAM.
   §  2748-B.  HYPERBARIC  OXYGEN  THERAPY  AUTHORIZED. 1. ANY AUTHORIZED
 MEDICAL PROFESSIONAL MAY PRESCRIBE HYPERBARIC OXYGEN THERAPY TO A VETER-
 AN DIAGNOSED WITH A TRAUMATIC  BRAIN  INJURY  OR  POST-TRAUMATIC  STRESS
 DISORDER.  AN  AUTHORIZED MEDICAL PROFESSIONAL WHO PRESCRIBES HYPERBARIC
 OXYGEN THERAPY SHALL DO SO IN A MANNER THAT COMPLIES WITH ACCEPTED STAN-
 DARDS OF CARE FOR HYPERBARIC OXYGEN THERAPY.
   2. ANY VETERAN WHO IS A RESIDENT OF THE STATE OF NEW YORK AND HAS BEEN
 DIAGNOSED WITH A TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC STRESS  DISOR-
 DER  MAY  RECEIVE  HYPERBARIC OXYGEN THERAPY SO LONG AS SUCH THERAPY HAS
 BEEN PRESCRIBED BY AN AUTHORIZED MEDICAL PROFESSIONAL.
   § 3. The commissioner of health shall promulgate any  rules  or  regu-
 lations necessary for the implementation of this article.
   § 4. This act shall take effect immediately.