II
Calendar No. 586
110th CONGRESS
2d Session
S. 2160
[Report No. 110–267]
IN THE SENATE OF THE UNITED STATES
October 15, 2007
Mr. Akaka (for himself, Mr. Brown, Ms. Mikulski, Mr. Cardin, and Mr. Dorgan) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
February 28, 2008
Reported by Mr. Akaka, without amendment
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.
Short title
This Act may be cited as the
Veterans Pain Care Act of
2007
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Findings
Congress makes the following findings:
Acute and chronic pain are prevalent conditions within the population of veterans.
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.
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.
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.
Pain is a leading cause of short-term and long-term disability among veterans.
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.
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.
Research, diagnosis, treatment, and management of acute and chronic pain for veterans constitute health care priorities of the United States.
Pain care initiative in Department of Veterans Affairs health care facilities
Requirement
Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
Pain care
In general
The Secretary shall carry out at each health care facility of the Department an initiative on pain care.
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:
An assessment for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process.
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.
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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:
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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—
January 1, 2008, in the case of inpatient care; and
January 1, 2009, in the case of outpatient care.
Program on research and training on pain in Department of Veterans Affairs
In general
Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:
Program of research and training on acute and chronic pain
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.
Purposes
The purposes of the program shall include the following:
To identify research priorities most relevant to the treatment of the types of acute and chronic pain suffered by veterans.
To promote, conduct, and coordinate research in accordance with such research priorities—
through the facilities and programs of the Department; and
in cooperation with other agencies, institutions, and organizations, including the Department of Defense.
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
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:
Acute pain.
Chronic pain.
A research priority identified under subsection (b)(1).
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.
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:
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).
To collect and disseminate the results of the research of the centers designated under this subsection.
To develop and disseminate educational materials and products—
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
for veterans suffering from acute or chronic pain and their families.
Award of funding
Centers designated under subsection (c) may compete for the award of funding from amounts appropriated to the Department each fiscal year for medical and prosthetics research.
National oversight
The Under Secretary of Health shall designate an appropriate officer—
to oversee the operation of the centers designated under subsection (c); and
to review and evaluate periodically the performance of such centers.
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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:
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February 28, 2008
Reported without amendment