191.2615.  Fund created — use of moneys, procedure. — 1.  (1)  There is hereby created in the state treasury the "Veterans Traumatic Brain Injury Treatment and Recovery Fund".  The fund shall consist of any appropriations, gifts, bequests, or public or private donations to such fund.  The state treasurer shall be custodian of the fund.  In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.  The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely for reimbursements to facilities for hyperbaric oxygen therapy provided to veterans, for administrative expenses incurred by the commission in distributing such reimbursements, and for studies on the use of alternative therapies to treat veterans with posttraumatic stress disorder and traumatic brain injuries.

  (2)  Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

  (3)  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

  2.  Any facility that intends to seek reimbursement from the fund for hyperbaric oxygen therapy provided to a veteran shall request advance approval from the commission for reimbursement before providing such therapy.  Upon approval by the commission, the commission shall set aside the appropriate amount of funds to ensure full payment for the veteran's therapy.  If moneys remaining in the fund are insufficient to ensure full payment, the commission shall deny the facility's request for advance approval.

  3.  If at the end of the six-month period immediately following the date the commission approved the facility's request for advance approval the facility has not submitted any bills to the commission for the veteran or provided any therapy for the veteran, the commission shall notify the veteran and the facility that the funding reserved for the veteran shall expire within thirty days if the facility fails to notify the commission that therapy is scheduled or continued.  If the facility fails to notify the commission that therapy is scheduled or continued within thirty days, the commission shall release the funds reserved for the veteran and make them available for another veteran's therapy under sections 191.2600 to 191.2630.

  4.  After receiving advance approval from the commission and providing hyperbaric oxygen therapy to a veteran in accordance with sections 191.2600 to 191.2630, the facility shall not bill the veteran for the therapy but shall submit the bill for the therapy to the commission.

  5.  The commission shall pay the bill for the therapy received in accordance with subsection 4 of this section from the fund within forty-five days of receipt.  If the costs of the therapy exceed the availability of moneys remaining in the fund, the facility shall not hold the veteran responsible for any payment, and the commission shall not have any obligation to make payments to the facility in an amount that exceeds the amount that was set aside upon advance approval as described in subsection 2 of this section.

  6.  The commission shall seek reimbursement for payments made to facilities for treating veterans with hyperbaric oxygen therapy from any of the following entities based on the efficacy of treatments as demonstrated in the healing of traumatic brain injuries through hyperbaric oxygen therapy by cognitive testing, brain scans, or other assessment protocols medically accepted by the United States Food and Drug Administration or the United States Department of Defense under the War Risk Insurance Act, as amended:

  (1)  The Tricare program of the United States Department of Defense;

  (2)  Appropriate federal agencies, including the Veterans Health Administration; and

  (3)  Any other responsible third-party payer.