130th Ohio General Assembly
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H. B. No. 167  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 167


Representative Dyer 

Cosponsors: Representatives Hagan, R., Ujvagi, Healy, Stewart, D., Distel, Fende, Letson, Domenick 



A BILL
To establish a program for the transfer and treatment of Ohio members of the Armed Forces who are assigned to the Walter Reed Army Medical Center for the purpose of treatment or rehabilitation and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  (A) The Director of Job and Family Services shall establish a program for the transfer and treatment of Ohio members of the Armed Forces who are assigned to the Walter Reed Army Medical Center for the purpose of treatment or rehabilitation. The program shall do both of the following:
(1) Offer any Ohio member of the Armed Forces who is assigned to the Walter Reed Army Medical Center for the purpose of treatment or rehabilitation the opportunity to transfer to another hospital or clinic operated by the United States Department of Veterans Affairs or to a suitable rehabilitation facility of the person's choice, subject to approval by the person's applicable military command structure;
(2) Pay all costs incurred for the person's transfer and the costs of medical treatment or rehabilitation at the hospital, clinic, or rehabilitation facility to which the person is transferred pursuant to the offer described in division (A)(1) of this section that are not paid by the United States Department of Defense or the United States Department of Veterans Affairs.
(B) The Director of Job and Family Services shall adopt rules for the operation of the program established under division (A) of this section. Those rules shall provide for, but are not limited to, all of the following:
(1) Coordination with the United States Department of Defense, the United States Department of Veterans Affairs, and the Walter Reed Army Medical Center to make the program available to Ohio members of the Armed Forces who are assigned to the Walter Reed Army Medical Center for treatment or rehabilitation;
(2) Payment of costs incurred for the person's facility transfer and medical expenses not otherwise paid by the United States Department of Defense or the United States Department of Veterans Affairs for Ohio members of the Armed Forces who participate in the program;
(3) Coordination with the United States Department of Defense, the United States Department of Veterans Affairs, and the facilities to which persons are transferred for the continuing treatment and rehabilitation of those persons following the conclusion of the program.
(C) In determining whether a member of the Armed Forces is a resident of Ohio eligible for participation in the program established under division (A) of this section, the Director of Job and Family Services shall be governed by the following rules:
(1) A person's residence shall be considered the place in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(2) A person who leaves the person's home and goes into another state for temporary purposes only, and who has the intention of returning, shall not be considered to have lost the person's residence.
(3) A person shall not be considered to have gained a residence in Ohio if the person comes into Ohio for temporary purposes only, without the intention of making Ohio the person's permanent habitation.
(4) If a person removes to another state with the intention of making that state the person's residence, the person shall be considered to have lost the person's residence in Ohio.
(5) Except as otherwise provided in division (C)(6) of this section, if a person removes from Ohio and continuously resides outside Ohio for a period of four years or more, the person shall be considered to have lost the person's residence in Ohio, notwithstanding the fact that the person may entertain an intention to return at some future period.
(6) If a person removes from Ohio to serve in the Armed Forces, the person shall not be considered to have lost the person's residence in Ohio during the period of that service.
(7) If a person goes into another state and, while there, exercises the right of a citizen by voting in an election in that state, the person shall be considered to have lost the person's residence in Ohio.
(D) The program established in division (A) of this section shall be abolished two years after the effective date of this section.
(E) As used in this section:
(1) "Armed Forces" means members of the active duty and reserve components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Ohio National Guard.
(2) "Suitable rehabilitation facility" means a rehabilitation facility capable of providing treatment for and rehabilitation of the injuries of a particular patient.
Section 2. The Director of Job and Family Services shall estimate the costs of a program for the transfer and treatment of Ohio members of the Armed Forces who are assigned to Walter Reed Army Medical Center for the purpose of treatment or rehabilitation in accordance with this act. The Director of Job and Family Services shall certify to the Director of Budget and Management the amount needed to fund the program. The Director of Budget and Management shall transfer cash in the amount certified from the General Revenue Fund to the Armed Forces Treatment Fund, which is hereby created in the state treasury. If, at any time, the Director of Job and Family Services estimates that the appropriation is insufficient to fund the program, the Director of Job and Family Services shall certify to the Director of Budget and Management the additional appropriation authority needed to fund the program. The Director of Budget and Management shall transfer cash in the additional amount certified from the General Revenue Fund to the Armed Forces Treatment Fund. Any amounts transferred under this section are hereby appropriated.
Section 3. The uncodified sections of law contained in the act, and the items of law of which the uncodified sections of law contained in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the uncodified sections of law contained in this act, and the items of law of which the uncodified sections of law contained in this act are composed, go into immediate effect when this act becomes law.
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