Oklahoma § 72-63.5 - Collections from patients and members for care and

§ 72-63.5. Collections from patients and members for care and

maintenance.

The Oklahoma Veterans Commission is hereby authorized to make

collections from eligible patients and members for care and

maintenance. Payments shall be established in the following manner:

1. All sources of personal income, except wages of a working

spouse, except as provided in this section, shall be considered when

computing care and maintenance charges including pensions and awards

for aid and attendance from the Veterans Administration;

2. Care and maintenance charges shall be computed in a manner

to maximize the Veterans Administration pension and compensation

benefits to which the veteran is entitled and shall allow a veteran

to retain not less than One Hundred Fifty Dollars ($150.00) per

month of total monthly income;

3. The care and maintenance charge shall not exceed the full

cost of care minus the Veterans Administration per diem payment;

4. Spouses, widows and widowers of eligible war veterans are

authorized to be admitted and maintained in the State Veterans

Homes. The facilities admitting and maintaining spouses, widows and

widowers shall make collections from the spouses, widows and

widowers first and to the fullest extent from sources of income

other than pension and compensation paid by the Veterans

Administration; and

5. The claim of the state for such care and maintenance shall

constitute a valid indebtedness against any such patient or member

and the patient's estate and shall not be barred by any statute of

limitations except as otherwise allowed by the Oklahoma Indigent

Health Care Act. At the death of the patient or member, this claim

shall be allowed and paid as other lawful claims against the estate.

Provided, no admission of a veteran of a period of war, as

referenced in 38 U.S.C., Section 1521 or detention of a patient in a

State Veterans Home shall be limited or conditioned in any manner by

the lack of ability to pay of a patient or member, the patient's

estate, or any relative of the patient or member. Any monies

Oklahoma Statutes - Title 72. Soldiers and Sailors

collected by the provisions of this section shall be deposited in

the Oklahoma Department of Veterans Affairs Revolving Fund.

Added by Laws 1961, p. 704, § 5, emerg. eff. July 31, 1961. Amended

by Laws 1981, c. 169, § 4, emerg. eff. May 13, 1981; Laws 1984, c.

249, § 5, operative July 1, 1984; Laws 1987, c. 206, § 80, operative

July 1, 1987; Laws 1987, c. 236, § 38, emerg. eff. July 20, 1987;

Laws 1992, c. 204, § 1, eff. Sept. 1, 1992; Laws 2014, c. 212, § 3,

eff. Nov. 1, 2014; Laws 2017, c. 152, § 1, eff. Nov. 1, 2017; Laws

2022, c. 83, § 8, emerg. eff. April 25, 2022.

§72-63.5a. Authorization through the Centers for Medicare and

Medicaid and Medicare Services.

A. The Department of Veterans Affairs is authorized to obtain

certification through the Centers for Medicare and Medicaid Services

and accept payments and reimbursements from Medicare and Medicaid

programs for services provided through Oklahoma Veterans Centers.

B. The Oklahoma Veterans Commission is authorized to promulgate

rules to implement the provisions of this section.

Added by Laws 2018, c. 89, § 1, eff. Nov. 1, 2018.