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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2668 By: Steagall
AS INTRODUCED
An Act relating to veterans traumatic brain injury
treatment and recovery; amending 63 O.S. 2021,
Section 1-291.3, which relates to the Veterans
Traumatic Brain Injury Treatment and Recovery
Revolving Fund; replacing the Office of Management
and Enterprise Services for approval of claims with
the Oklahoma Department of Veterans Affairs; allowing
the revolving fund to pay for all direct or indirect
services with respect of the treatment of traumatic
brain injuries using h yperbaric chambers; amending 63
O.S. 2021, Section 1 -291.4, which relates to
jurisdiction over reimbursement from the Veterans
Traumatic Brain Injury Treatment and Recovery
Revolving Fund and treatment plans; replacing
Oklahoma State University Center for Aerospace and
Hyperbaric Medicine with the Oklahoma Department of
Veterans Affairs; amending 63 O.S. 2021, Section 1-
291.5, which relates to authorization of hyperbaric
oxygen treatment and approval of treatment plans;
replacing Oklahoma State Universit y Center for
Aerospace and Hyperbaric Medicine with the Oklahoma
Department of Veterans Affai rs; replacing the Office
of Management and Enterprise Services for approval of
funding with the Oklahoma Department of Veterans
Affairs; amending 63 O.S. 2021, Section 1 -291.6,
which relates to responsi bility for costs of
treatment; replacing the Office of Management and
Enterprise Services for approval of funding with the
Oklahoma Department of Veterans Affairs; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -291.3, is
amended to read as f ollows:
Section 1-291.3 There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Veterans Affairs to be
designated the "Veterans Traumatic Brain Injury Treatment and
Recovery Revolving Fund ". The fund shall be a conti nuing fund, not
subject to fiscal year limitations, and shall consist of all the
monies received by the Oklahoma Department of Veterans Affairs in
the form of donations, appropriations or other monies for such fund.
All monies accruing to the credit of the fund are appropriate d and
may be budgeted and expended by the Department for the purpose of
veterans' treatment as provided by law . Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Executive Director of the
Office of Management and Enterprise Services Oklahoma Department of
Veterans Affairs for approval and payment.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-291.3A of Title 63, unless
there is created a duplication in numbering, reads as follows:
For all expenditures relate d to the services prov ided by or at
the request of the Oklahoma Dep artment of Veterans Affairs with
respect to the treatment of traumatic brain injuries using
hyperbaric chambers, the direct and indirect expenditures for such
services, including salaries, benefits and related payroll costs,
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may be paid from the Veterans T raumatic Brain Injury Treatment and
Recovery Revolving Fund and from such other funding sources as may
be provided by law.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -291.4, is
amended to read as follows:
Section 1-291.4 For the purposes of this act, the Oklahoma
State University Cente r for Aerospace and Hy perbaric Medicine
(OSUCAHM) Oklahoma Department of Veterans Affairs shall have full
statewide jurisdiction over all medical treatments provided a nd
costs allowed to providers who req uest reimbursement from the
Veterans Traumatic Brain Injury Treatment and Recovery Revolving
Fund created in Section 3 1-291.3 of this act title.
Prior to the treatment o f any veteran for traumatic brain injury
(TBI), the OSUCAHM Department shall develop and publish a standard
approved treatment plan for ve terans being treated using hyperbaric
oxygen therapy HBOT (HBOT) for Traumatic Brain Injury traumatic
brain injury (TBI). In the event a medical professional prescribes
a treatment under Section 2 1-291.2 of this act title that does not
comport and comply with the provisions of the standard plan, OSUCAHM
the Department shall have the authority to approve or disapprove the
treatment plan for reimbursement under this act.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -291.5, is
amended to read as follows:
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Section 1-291.5 Any Oklahoma veteran who has been diagnose d
with a traumatic brai n injury (TBI) and pr escribed hyperbaric oxygen
treatment (HBOT) by a medical profe ssional authorized under Sect ion
2 1-291.2 of this act title may receive HBOT at any fac ility in the
state that has a hyperbaric chamber and provides treatment in
accordance with Section 2 1-291.2 of this act title.
Prior to receiving treatment, a treatment plan for the TBI by
HBOT shall be reviewed and conform to a plan approved by the
Oklahoma State University Center for Aerospace and Hyperbaric
Medicine Oklahoma Department of Veterans Affai rs. The facility
seeking reimbursement from the fund shall request approval for
funding from the Executive Director of the Office of Management and
Enterprise Services Oklahoma Department of Veterans Affairs. Upon
receipt of an approved request for treatmen t, the funds for
treatment shall be set aside and used to ensure payment in full for
the veteran's treatment. If there is not en ough money in the fun d
to set aside for treatment reimbursement, the Executive Director of
Office of Management and Enterprise Services the Oklahoma Department
of Veterans Affairs shall deny approval of the request.
At the conclusion of s ix (6) months of no treatment and/or the
lack of submission of any bills, the Executive Director of the
Office of Management and Enterp rise Services Oklahoma Department of
Veterans Affairs shall advise the veteran and the participating
facility that the funding rese rved for the HBOT shall expir e within
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ninety (90) days if no contact is made by the facility that
treatment is scheduled and/or continu ed. Should the facility fail
to contact the Office of Management and Enterprise Services Oklahoma
Department of Veteran s Affairs with the information that treatment
is scheduled and/or continued, then the monies reserved for
treatment of that veteran shal l be released and made available to
another veteran meeting the requir ements of this act.
SECTION 5. AMENDATORY 63 O.S. 2021 , Section 1-291.6, is
amended to read as follows:
Section 1-291.6 Subject to the availability of funding,
participating facilities who provide HBOT hyperbaric oxygen therapy
to veterans suffering from TBI traumatic brain injuries shall
provide treatment at no co st to the veteran and shall submit a bill
for any treatment to the Executive Director of the Office of
Management and Enterprise Services Oklahoma Department of Veterans
Affairs. The bill shall be pai d from the Veterans Traumatic Brain
Injury Treatment and Recovery Revolving Fund to the extent funds are
available. Should the costs of the treatment ex ceed the
availability of funds, the veteran treated shall be held harmless
from any costs of treatment by the facility and the state shall be
under no obligation to make payments beyond the approved amount in
the fund created in Section 3 1-291.3 of this act title and set
aside for that purpose by the Executive Director of the Office of
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Management and Enterprise Serv ices Oklahoma Department of Veterans
Affairs.
SECTION 6. This act shall become effective November 1, 2023.
59-1-6527 TJ 01/17/23