Noteboom The Law Firm

Pilot Program Promotes Private Care for PTSD & TBI

September 24, 2010 - Veterans and soldiers suffering from post-traumatic stress disorder (PTSD) and traumatic brain injury (TBIs) can seek treatment at the Department of Veterans Affairs (VA) medical centers. Senator James Inhofe (R-Okla.), a senior member of the Senate Armed Services Committee, recently introduced a pilot program that would allow those suffering from PTSD and TBIs to use private health care providers.

Inhofe's program would last for 5 years. The Department of Defense (DoD) would be required to pay for any treatment or testing necessary to diagnose active-duty soldiers and the VA would be required to pay for those services for veterans. Active-duty soldiers could also be given the following without fear of violating ethic bans or military retaliation:

• Per diems;
• Meals;
• Travel; and
• Entertainment.

Inhofe's bill does not specify just how active-duty soldiers would go about receiving private care. In order to do so, the soldier will have to be assigned to temporary duty outside of a "reasonable commuting distance" from a permanent duty station. Any drug or device used by a private facility to treat a soldier or veteran must be approved by the FDA in order for that facility to be paid. The patient must show improvement and the treatment must:  

• Be institutional review board approved; and
• Voluntary.

In order to make the program work, The DoD and the VA would have to contact everyone with a service-related injury or disability. The idea that the government would take the steps to contact people to tell them to go outside the government for health care so the government can then pay those private facilities for doing the same thing government health care would have done is probably not likely.