191.2610.  Hyperbaric oxygen therapy reimbursement. — Any facility in this state that provides hyperbaric oxygen therapy to a veteran shall be eligible for reimbursement for such therapy from the commission if the following conditions are satisfied:

  (1)  The veteran receiving the therapy has been diagnosed, by a health care practitioner, with posttraumatic stress disorder or a traumatic brain injury and has demonstrated that he or she previously sought services for posttraumatic stress disorder or a traumatic brain injury through the Veterans Health Administration service delivery system or, if available to the veteran, through the private health insurance system;

  (2)  The veteran receiving the therapy voluntarily agreed to the therapy;

  (3)  The facility complies with applicable fire codes, oversight requirements, and any treatment protocols required under sections 191.2600 to 191.2630;

  (4)  The veteran receiving the therapy resides within this state;

  (5)  Any hyperbaric chamber used to treat the veteran meets the minimum standards for patients established by the United States Food and Drug Administration;

  (6)  The facility complies with the federal Health Insurance and Portability Accountability Act of 1996 for the veteran receiving the therapy;

  (7)  The facility's treatment protocols for hyperbaric oxygen therapy are aligned with the medical standards demonstrated in published clinical trials for hyperbaric oxygen therapy that occurred under the direction of an institutional review board;

  (8)  The hyperbaric oxygen therapy is delivered solely by health care practitioners in accordance with federal and state law;

  (9)  Before providing hyperbaric oxygen therapy to the veteran, the facility established a treatment plan consistent with the requirements of sections 191.2600 to 191.2630;

  (10)  A prescription order for hyperbaric oxygen therapy was issued by a health care practitioner before the facility provided the therapy;

  (11)  The facility verified that both the facility and the veteran met the requirements under sections 191.2600 to 191.2630 for reimbursement before proceeding with the therapy;

  (12)  Before providing the therapy, the facility estimated the costs of the therapy, including the costs of cognitive testing to be conducted before and after the therapy;

  (13)  The facility retains in the veteran's health care file information, with the veteran's approval of sharing his or her data with the commission or a third party, on the type of cognitive testing performed as well as the results of the cognitive testing.  The veteran will not be disqualified from receiving the therapy if he or she does not give approval of the sharing of his or her data with the commission or a third party;

  (14)  The veteran is not charged or billed for the therapy by the facility or any other entity and is not liable for the costs of the therapy or any expenses incurred in accordance with sections 191.2600 to 191.2630;

  (15)  The facility and any health care practitioners involved in the hyperbaric oxygen therapy agree to cooperate with the commission to provide an annual data summary treatment report sufficient to assess the efficacy of alternative treatment modalities for treating veterans with posttraumatic stress disorder and traumatic brain injuries; and

  (16)  The facility receives advance approval from the commission as described in section 191.2615.