S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10033
 
                           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 -- read
   once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15371-01-4
 A. 10033                            2
 
   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.
   §  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.