S. 2160: Veterans Pain Care Act Of 2007

[allan]

Legislation > 2007-2008 (110th Congress) > S. 2160

S. 2160: Veterans Pain Care Act of 2007

Bill Status

Introduced: Oct 15, 2007

Sponsor: Sen. Daniel Akaka [D-HI]

Status: Introduced

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Introduced in Senate: This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration.

Text of Legislation

S 2160 IS

110th CONGRESS

1st Session

S. 2160

To amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 15, 2007

Mr. AKAKA (for himself and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

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A BILL

To amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans Pain Care Act of 2007'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Acute and chronic pain are prevalent conditions within the population of veterans.

(2) Methods of modern warfare, including the use of improvised explosive devices, produce substantial numbers of battlefield casualties with significant damage to both the central and peripheral nervous systems.

(3) The successes of military health care, both on and off the battlefield, result in high survival rates of severely injured military personnel who will be afflicted with significant pain disorders on either an acute or chronic basis.

(4) Failure to treat pain appropriately at the time of transition from receipt of care from the Department of Defense to receipt of care from the Department of Veterans Affairs contributes to the development of long-term chronic pain syndromes, in some cases accompanied by long-term mental health and substance use disorders.

(5) Pain is a leading cause of short-term and long-term disability among veterans.

(6) The Department of Veterans Affairs has implemented important pain care programs at some facilities and in some areas, but comprehensive pain care is not consistently provided on a uniform basis throughout the health care system of the Department to all patients in need of such care.

(7) Inconsistent and ineffective pain care provided by the Department of Veterans Affairs leads to pain-related impairments, occupational disability, and medical and mental complications for veterans with acute and chronic pain, with long-term costs for the health care and disability systems of the Department and for society at large.

(8) Research, diagnosis, treatment, and management of acute and chronic pain for veterans constitute health care priorities of the United States.

SEC. 3. PAIN CARE INITIATIVE IN DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FACILITIES.

(a) Requirement- Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 1720F. Pain care

`(a) In General- The Secretary shall carry out at each health care facility of the Department an initiative on pain care.

`(b) Elements- The initiative at each health care facility of the Department shall ensure that each individual receiving treatment in such health care facility receives the following:

`(1) An assessment for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process.

`(2) Appropriate pain care consistent with recognized means for assessment, diagnosis, treatment, and management of acute and chronic pain, including when appropriate, access to specialty pain management services.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item:

`1720F. Pain care.'.

© Implementation- The Secretary of Veterans Affairs shall ensure that the pain care initiatives required by section 1720F of title 38, United States Code, as added by subsection (a), are implemented at all health care facilities of the Department of Veterans affairs by not later than--

(1) January 1, 2008, in the case of inpatient care; and

(2) January 1, 2009, in the case of outpatient care.

SEC. 4. PROGRAM ON RESEARCH AND TRAINING ON PAIN IN DEPARTMENT OF VETERANS AFFAIRS.

(a) In General- Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 7330A. Program of research and training on acute and chronic pain

`(a) In General- The Secretary shall carry out within the Medical and Prosthetic Research Service of the Veterans Health Administration a program of research and training on acute and chronic pain.

`(b) Purposes- The purposes of the program shall include the following:

`(1) To identify research priorities most relevant to the treatment of the types of acute and chronic pain suffered by veterans.

`(2) To promote, conduct, and coordinate research in accordance with such research priorities--

`(A) through the facilities and programs of the Department; and

`(B) in cooperation with other agencies, institutions, and organizations, including the Department of Defense.

`(3) To educate and train health care personnel of the Department with respect to the assessment, diagnosis, treatment, and management of acute and chronic pain.

`© Designation of Centers- (1) The Secretary shall designate an appropriate number of facilities of the Department as cooperative centers for research and education on pain. Each such center shall be designated with a focus on research and training on one or more of the following:

`(A) Acute pain.

`(B) Chronic pain.

`© A research priority identified under subsection (b)(1).

`(2) The Secretary shall designate at least one of the centers designated under paragraph (1) as a lead center for research on pain attributable to central and peripheral nervous system damage commonly associated with the battlefield injuries characteristic of modern warfare.

`(3) The Secretary shall designate one of the centers designated under paragraph (1) as the lead center for coordinating the pain care research activities of the centers designated under this subsection. The functions of such center shall be the following:

`(A) To review and evaluate periodically the research of the centers designated under this subsection and to ensure that such research is conducted in accordance with the research priorities identified pursuant to subsection (b)(1).

`(B) To collect and disseminate the results of the research of the centers designated under this subsection.

`© To develop and disseminate educational materials and products--

`(i) to enhance the assessment, diagnosis, treatment, and management of acute and chronic pain by the health care professionals and facilities of the Veterans Health Administration; and

`(ii) for veterans suffering from acute or chronic pain and their families.

`(d) Award of Funding- Centers designated under subsection © may compete for the award of funding from amounts appropriated to the Department each fiscal year for medical and prosthetics research.

`(e) National Oversight- The Under Secretary of Health shall designate an appropriate officer--

`(1) to oversee the operation of the centers designated under subsection ©; and

`(2) to review and evaluate periodically the performance of such centers.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7330 the following new item:

`7330A. Program of research and training on acute and chronic pain.'.

SOURCE: http://www.govtrack.us/congress/billtext.xpd?bill=s110-2160

[allan]

Here are some diagnosis I have that cause pain.

1)Chronic Pain Syndrome

2)Multiple Sclerosis

3)Cervical, Thoracic, and Lumbar Stenosis/Spondylosis.

4)Fibromyalgia

5)TBI

What I recieve from the VAMC for these conditions is some baclofen and ibuprophin. Im forced to pay for effective pain medicine myself and it takes around 20% of what little income we have to cover it.

I see nothing in this bill that will force VAMC care providers to treat Veterans in a humane manner as their license to practice medicine dectates.

Allan

[yoggie2]

Here are some diagnosis I have that cause pain.

1)Chronic Pain Syndrome

2)Multiple Sclerosis

3)Cervical, Thoracic, and Lumbar Stenosis/Spondylosis.

4)Fibromyalgia

5)TBI

What I recieve from the VAMC for these conditions is some baclofen and ibuprophin. Im forced to pay for effective pain medicine myself and it takes around 20% of what little income we have to cover it.

I'm with you Allen it takes at least 30% of my income to seek effective pain meads too. I have 3 out of 5 on your list I still get the ibuprophin its good for head aches, great old big bottle 800's, tried to give me Morphine pills gave me nightmares something fearis, so it was back to the oxycodone stuff and an outside Dr.. I have tried everything and its truly a godsend and the only thing that provides any quality of life for a life of pain that sucks. This stuff is just a polished turd. Just going to make more addicts on morphine and give them weak med's for a severe problems. RC

[jbasser]

I also am 2 out of 3. I had to go outside for pain meds. The VA figures I dont need pain meds. The outside doctor went bezerk when I told him that. Darvocettis not on the VA formulary, however hydrocodone is.

I pay a 10 dollar copay outside but inside I would pay nothing.

I would love to be able to bill the VA back.

I once asked a Neuro doc for pain meds and he laughed and said the United States has a Drug Problem.

I said the ones that need it do not abuse it.

That is when I cut off clinical ties and went back outside for treatment for serious issues.

Edited October 24, 2007 by jbasser

[john999]

I read that chronic pain is the most undertreated disease in the USA. Many docs are scared to prescribe what is needed thanks to the DEA. I get morphine and oxycodone from the VA. It is free for me. There are lots of Pain Centers but these guys all want to do procedures. They don't get paid for just giving you pills that work. If I did not have this pain I could live a pretty normal life.

[yoggie2]

I wish that worked for me I'd be happy if just that worked. Out side doctors being treated like Poblo Escobar, it was hard for me to find a doctor moving to a new area so I myself could be treated.