NY State Senate Bill 2023-S9303

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2024	referred to health

2023-S9303 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 27-CCCC §§2748 - 2748-b, Pub Health L

2023-S9303 (ACTIVE) - Summary

Establishes a hyperbaric oxygen therapy pilot program to treat veterans suffering from traumatic brain injuries and post-traumatic stress disorder.

2023-S9303 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9303

SPONSOR: BROUK
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a pilot program to treat veterans with traumatic brain
injuries and/or post-traumatic stress disorder using hyperbaric oxygen
therapy.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines relevant terms, provides for the establishment of a
five-year pilot program to treat veterans with TBI and/or PTSD by means
of HBOT, and authorizes medical professionals to prescribe and adminis-
ter such treatment.

Section 2 authorizes the commissioner to promulgate rules and regu-

lations to implement this section.

Section 3 provides the effective date.

 
JUSTIFICATION:

This bill establishes a pilot program to provide Hyperbaric Oxygen Ther-
apy ("HBOT") to veterans suffering from Post-Traumatic Stress Disorder
("PTSD") and/or Traumatic Brain Injury ("TBI").

HBOT is a simple, noninvasive, and cost-effective treatment which
involves the patient breathing pure oxygen while under increased atmo-
spheric pressure. Currently, HBOT is the only non-hormonal treatment
approved by the FDA for biologically repairing and regenerating human
tissue. The FDA has not yet approved HBOT for the purpose of treating
PTSD or TBI, but like many other treatments for PTSD and TBI, the thera-
py is being prescribed off-label to treat the health conditions.

The nature of military work makes it substantially more likely that a
person with military experience will have PTSD or TBI during or after
enlistment. Often, TBI and PTSD are comorbid in veterans. The Defense
and Veterans Brain Injury Center reported nearly 414,000 TB's among U.S.
service members between 2000 and 2019 (Traumatic Brain Injury (TBI)
(va.gov)).

Additionally, according to the VA, seven out of every ten veterans will
have PTSD at some point in their life. Symptoms for each condition can
range from uncomfortable to debilitating.

There is emerging evidence that HBOT may be an effective treatment to
heal or alleviate TBI and PTSD symptoms. Studies have shown positive
outcomes for the majority of people who have used HBOT to treat PTSD or
TBI. Patients have similarly reported improvement in their day-to-day
lives, including the alleviation of PTSDTTBI symptoms such as insomnia,
headaches, irritability, and memory issues. Currently, Oklahoma, Texas,
Indiana, Arizona, Kentucky, Florida, North Carolina, Maryland, and

Virginia have enacted legislation authorizing this treatment to expand
access to HBOT for veterans.

Each day, New York veterans struggle to cope with the effects of PTSD
and TBI. This pilot program would address the need for expanded access
to effective treatment options for veterans by providing necessary
research to evaluate the efficacy of HBOT therapy for these conditions.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
Immediately.

2023-S9303 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9303
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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. 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15371-01-4
 S. 9303                             2
 
   § 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.
   § 2. The commissioner of health shall promulgate any  rules  or  regu-
 lations necessary for the implementation of this article.
   § 3. This act shall take effect immediately.

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Senate Bill S9303

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9303 (ACTIVE) - Details

2023-S9303 (ACTIVE) - Summary

2023-S9303 (ACTIVE) - Sponsor Memo

2023-S9303 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9303

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Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Health Committee

2023-S9303 (ACTIVE) - Details

2023-S9303 (ACTIVE) - Summary

2023-S9303 (ACTIVE) - Sponsor Memo

2023-S9303 (ACTIVE) - Bill Text download pdf

Comments