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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2668 By: Steagall
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38	38	AS INTRODUCED
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40	40	An Act relating to veterans traumatic brain injury
41	41	treatment and recovery; amending 63 O.S. 2021,
42	42	Section 1-291.3, which relates to the Veterans
43	43	Traumatic Brain Injury Treatment and Recovery
44	44	Revolving Fund; replacing the Office of Management
45	45	and Enterprise Services for approval of claims with
46	46	the Oklahoma Department of Veterans Affairs; allowing
47	47	the revolving fund to pay for all direct or indirect
48	48	services with respect of the treatment of traumatic
49	49	brain injuries using h yperbaric chambers; amending 63
50	50	O.S. 2021, Section 1 -291.4, which relates to
51	51	jurisdiction over reimbursement from the Veterans
52	52	Traumatic Brain Injury Treatment and Recovery
53	53	Revolving Fund and treatment plans; replacing
54	54	Oklahoma State University Center for Aerospace and
55	55	Hyperbaric Medicine with the Oklahoma Department of
56	56	Veterans Affairs; amending 63 O.S. 2021, Section 1-
57	57	291.5, which relates to authorization of hyperbaric
58	58	oxygen treatment and approval of treatment plans;
59	59	replacing Oklahoma State Universit y Center for
60	60	Aerospace and Hyperbaric Medicine with the Oklahoma
61	61	Department of Veterans Affai rs; replacing the Office
62	62	of Management and Enterprise Services for approval of
63	63	funding with the Oklahoma Department of Veterans
64	64	Affairs; amending 63 O.S. 2021, Section 1 -291.6,
65	65	which relates to responsi bility for costs of
66	66	treatment; replacing the Office of Management and
67	67	Enterprise Services for approval of funding with the
68	68	Oklahoma Department of Veterans Affairs; providing
69	69	for codification; and providing an effective date.
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74	74	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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101	101	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -291.3, is
102	102	amended to read as f ollows:
103	103	Section 1-291.3 There is hereby created in the State Treasury a
104	104	revolving fund for the Oklahoma Department of Veterans Affairs to be
105	105	designated the "Veterans Traumatic Brain Injury Treatment and
106	106	Recovery Revolving Fund ". The fund shall be a conti nuing fund, not
107	107	subject to fiscal year limitations, and shall consist of all the
108	108	monies received by the Oklahoma Department of Veterans Affairs in
109	109	the form of donations, appropriations or other monies for such fund.
110	110	All monies accruing to the credit of the fund are appropriate d and
111	111	may be budgeted and expended by the Department for the purpose of
112	112	veterans' treatment as provided by law . Expenditures from the fund
113	113	shall be made upon warrants issued by the State Treasurer against
114	114	claims filed as prescribed by law with the Executive Director of the
115	115	Office of Management and Enterprise Services Oklahoma Department of
116	116	Veterans Affairs for approval and payment.
117	117	SECTION 2. NEW LAW A new section of law to be codified
118	118	in the Oklahoma Statutes as Section 1-291.3A of Title 63, unless
119	119	there is created a duplication in numbering, reads as follows:
120	120	For all expenditures relate d to the services prov ided by or at
121	121	the request of the Oklahoma Dep artment of Veterans Affairs with
122	122	respect to the treatment of traumatic brain injuries using
123	123	hyperbaric chambers, the direct and indirect expenditures for such
124	124	services, including salaries, benefits and related payroll costs,
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151	151	may be paid from the Veterans T raumatic Brain Injury Treatment and
152	152	Recovery Revolving Fund and from such other funding sources as may
153	153	be provided by law.
154	154	SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -291.4, is
155	155	amended to read as follows:
156	156	Section 1-291.4 For the purposes of this act, the Oklahoma
157	157	State University Cente r for Aerospace and Hy perbaric Medicine
158	158	(OSUCAHM) Oklahoma Department of Veterans Affairs shall have full
159	159	statewide jurisdiction over all medical treatments provided a nd
160	160	costs allowed to providers who req uest reimbursement from the
161	161	Veterans Traumatic Brain Injury Treatment and Recovery Revolving
162	162	Fund created in Section 3 1-291.3 of this act title.
163	163	Prior to the treatment o f any veteran for traumatic brain injury
164	164	(TBI), the OSUCAHM Department shall develop and publish a standard
165	165	approved treatment plan for ve terans being treated using hyperbaric
166	166	oxygen therapy HBOT (HBOT) for Traumatic Brain Injury traumatic
167	167	brain injury (TBI). In the event a medical professional prescribes
168	168	a treatment under Section 2 1-291.2 of this act title that does not
169	169	comport and comply with the provisions of the standard plan, OSUCAHM
170	170	the Department shall have the authority to approve or disapprove the
171	171	treatment plan for reimbursement under this act.
172	172	SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -291.5, is
173	173	amended to read as follows:
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200	200	Section 1-291.5 Any Oklahoma veteran who has been diagnose d
201	201	with a traumatic brai n injury (TBI) and pr escribed hyperbaric oxygen
202	202	treatment (HBOT) by a medical profe ssional authorized under Sect ion
203	203	2 1-291.2 of this act title may receive HBOT at any fac ility in the
204	204	state that has a hyperbaric chamber and provides treatment in
205	205	accordance with Section 2 1-291.2 of this act title.
206	206	Prior to receiving treatment, a treatment plan for the TBI by
207	207	HBOT shall be reviewed and conform to a plan approved by the
208	208	Oklahoma State University Center for Aerospace and Hyperbaric
209	209	Medicine Oklahoma Department of Veterans Affai rs. The facility
210	210	seeking reimbursement from the fund shall request approval for
211	211	funding from the Executive Director of the Office of Management and
212	212	Enterprise Services Oklahoma Department of Veterans Affairs. Upon
213	213	receipt of an approved request for treatmen t, the funds for
214	214	treatment shall be set aside and used to ensure payment in full for
215	215	the veteran's treatment. If there is not en ough money in the fun d
216	216	to set aside for treatment reimbursement, the Executive Director of
217	217	Office of Management and Enterprise Services the Oklahoma Department
218	218	of Veterans Affairs shall deny approval of the request.
219	219	At the conclusion of s ix (6) months of no treatment and/or the
220	220	lack of submission of any bills, the Executive Director of the
221	221	Office of Management and Enterp rise Services Oklahoma Department of
222	222	Veterans Affairs shall advise the veteran and the participating
223	223	facility that the funding rese rved for the HBOT shall expir e within
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250	250	ninety (90) days if no contact is made by the facility that
251	251	treatment is scheduled and/or continu ed. Should the facility fail
252	252	to contact the Office of Management and Enterprise Services Oklahoma
253	253	Department of Veteran s Affairs with the information that treatment
254	254	is scheduled and/or continued, then the monies reserved for
255	255	treatment of that veteran shal l be released and made available to
256	256	another veteran meeting the requir ements of this act.
257	257	SECTION 5. AMENDATORY 63 O.S. 2021 , Section 1-291.6, is
258	258	amended to read as follows:
259	259	Section 1-291.6 Subject to the availability of funding,
260	260	participating facilities who provide HBOT hyperbaric oxygen therapy
261	261	to veterans suffering from TBI traumatic brain injuries shall
262	262	provide treatment at no co st to the veteran and shall submit a bill
263	263	for any treatment to the Executive Director of the Office of
264	264	Management and Enterprise Services Oklahoma Department of Veterans
265	265	Affairs. The bill shall be pai d from the Veterans Traumatic Brain
266	266	Injury Treatment and Recovery Revolving Fund to the extent funds are
267	267	available. Should the costs of the treatment ex ceed the
268	268	availability of funds, the veteran treated shall be held harmless
269	269	from any costs of treatment by the facility and the state shall be
270	270	under no obligation to make payments beyond the approved amount in
271	271	the fund created in Section 3 1-291.3 of this act title and set
272	272	aside for that purpose by the Executive Director of the Office of
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299	299	Management and Enterprise Serv ices Oklahoma Department of Veterans
300	300	Affairs.
301	301	SECTION 6. This act shall become effective November 1, 2023.
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303	303	59-1-6527 TJ 01/17/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2668 Compare Versions