ENGROSSED SENATE
BILL NO. 1604	By:	Allen, Shortey and Johnson (Constance) of the Senate

			and

		Bennett of the House

[ public health and safety - Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Act of 2014 - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291 of Title 63, unless there is created a duplication in numbering, reads as follows:
This act shall be known as the "Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Act of 2014".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291.2 of Title 63, unless there is created a duplication in numbering, reads as follows:
For the purposes of this act, "hyperbaric oxygen treatment" (HBOT) shall mean treatment with a valid prescription from a medical doctor or doctor of osteopathy in either a hyperbaric chamber cleared by the United States Food and Drug Administration (FDA) or a device with an appropriate FDA-approved investigational device exemption, located at a facility in compliance with applicable state fire codes and supervised in accordance with requirements in the Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Act.  The treatment shall be delivered solely by authorized, licensed or nationally certified health care providers in accordance with federal and state law.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291.2A of Title 63, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving
fund for the Department of Veterans Affairs to be designated the "Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all the monies received by the 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 appropriated 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 Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291.3 of Title 63, unless there is created a duplication in numbering, reads as follows:
For the purposes of this act, the Oklahoma State University Center for Aerospace and Hyperbaric Medicine (OSUCAHM) shall have full statewide jurisdiction over all medical treatments provided and costs allowed to providers who request reimbursement from the Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Fund created in Section 3 of this act.
Prior to the treatment of any veteran for traumatic brain injury  (TBI), the OSUCAHM shall develop and publish a standard approved treatment plan for veterans being treating using HBOT for Traumatic Brain Injury (TBI).  In the event a medical professional prescribes a treatment under Section 2 of this act that does not comport and comply with the provisions of the standard plan, OSUCAHM shall have the authority to approve or disapprove the treatment plan for reimbursement under this act.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291.4 of Title 63, unless there is created a duplication in numbering, reads as follows:
Any Oklahoma veteran who has been diagnosed with a traumatic brain injury (TBI) and prescribed HBOT by a medical professional authorized under Section 2 of this act may receive HBOT treatment at any facility in the state that has a hyperbaric chamber and provides treatment in accordance with Section 2 of this act.
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.  The facility seeking reimbursement from the fund shall request approval for funding from the Director of the Office of Management and Enterprise Service.  Upon receipt of an approved request for treatment, the funds for treatment shall be set aside and used to ensure payment in full for the veteran's treatment.
At the conclusion of six (6) months of no treatment and/or the lack of submission of any bills, the Director of the Office of Management and Enterprise Services shall advise the veteran and the participating facility that the funding reserved for the HBOT treatment shall expire within ninety (90) days if no contact is made by the facility that treatment is scheduled and/or continued.  Should the facility fail to contact OMES with the information that treatment is scheduled and/or continued, then the monies reserved for treatment of that veteran shall be released and made available to another veteran meeting the requirements of this act.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-291.5 of Title 63, unless there is created a duplication in numbering, reads as follows:
Subject to the availability of funding, participating facilities who provide HBOT to veterans suffering from TBI shall provide treatment at no cost to the veteran and shall submit a bill for any treatment to the Director of the Office of Management and Enterprise Services.  The bill shall be paid from the Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund to the extent funds are available.  Should the costs of the treatment exceed the availability of funds, the veteran treated shall be held harmless from any costs of treatment by the facility and the state shall have no obligation to make payments above the agreed upon contract.
SECTION 7.  This act shall become effective July 1, 2015.
Passed the Senate the 10th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives