{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-142.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-142.9","heading":"Waiver of physician-patient privilege - Mental or","body":"physical examination – Reports - Advisory panel - Limiting\n\ncompensation for treatment - Debt collection.\n\nA. Any person filing a claim under the provisions of Section\n\n142.1 et seq. of this title shall be deemed to have waived any\n\nphysician-patient privilege as to communications or records relevant\n\nto an issue of the physical, mental or emotional conditions of the\n\nclaimant.\n\nB. If the mental, physical or emotional condition of a claimant\n\nis material to a claim, the Crime Victims Compensation Board upon\n\ngood cause shown may order the claimant to submit to a mental or\n\nphysical examination. The examination report shall set out the\n\nfindings of the person making the report, including results of all\n\ntests made, diagnoses, prognoses and other conclusions and reports\n\nof earlier examinations of the same conditions.\n\nC. The Board shall furnish a copy of the examination report.\n\nIf the victim is deceased, the Board, on request, shall furnish a\n\ncopy of the report to the claimant.\n\nD. The Board may require the claimant to supply any additional\n\nmedical or psychological reports available relating to the injury or\n\ndeath for which compensation is claimed.\n\nE. In certain cases wherein mental health expenses are being\n\nclaimed, the Board and Administrator of the Crime Victims\n\nCompensation Board may request assistance from a panel of\n\nprofessionals in the mental health field. The panel of\n\nprofessionals may only act in an advisory capacity to the Board.\n\nF. The Board shall have the authority to set limits of\n\ncompensation on any medical or mental health treatment, and require\n\nthat providers of medical or mental health treatment be licensed\n\nprior to compensating for said treatment. Awards for all medical\n\nservices shall not exceed eighty percent (80%) of the total cost of\n\nthe service less any other reduction for contributory conduct, as\n\ndetermined by the Board. Any medical provider that receives payment\n\nfrom the Crime Victims Compensation Revolving Fund for medical,\n\ndental or psychological services, or any provider that supplies\n\nequipment pursuant to an award under the Oklahoma Crime Victims\n\nCompensation Act shall, as a condition of the receipt of such\n\npayment, accept such payment as discharging in full any and all\n\nobligations of the claimant to pay, reimburse or compensate the\n\nprovider for medical services, supplies or equipment that have been\n\nreimbursed pursuant to the Oklahoma Crime Victims Compensation Act.\n\nIn the event the claimant has paid for a medical service, the\n\nclaimant will be reimbursed for the out-of-pocket loss, less any\n\nreductions for contributory conduct, as determined by the Board.\n\nG. All records and information given to the Board to process a\n\nclaim on behalf of a crime victim shall be confidential. Such\n\nexhibits, medical records, psychological records, counseling\n\nrecords, work records, criminal investigation records, criminal\n\ncourt case records, witness statements, telephone records, and other\n\nrecords of any type or nature whatsoever gathered for the purpose of\n\nevaluating whether to compensate a victim shall not be obtainable by\n\nany party to any civil or criminal action through any discovery\n\nprocess except:\n\n1. In the event of an appeal under the Administrative\n\nProcedures Act from a decision of the Board and then only to the\n\nextent narrowly and necessarily to obtain court review; or\n\n2. Upon a strict showing to the court in a separate civil or\n\ncriminal action that particular information or documents are not\n\nobtainable after diligent effort from any independent source, and\n\nare known to exist otherwise only in Board records, the court may\n\ninspect in camera such records to determine whether the specific\n\nrequested information exists. If the court determines the specific\n\ninformation sought exists in the Board's records, the documents may\nriminal action that particular information or documents are not\n\nobtainable after diligent effort from any independent source, and\n\nare known to exist otherwise only in Board records, the court may\n\ninspect in camera such records to determine whether the specific\n\nrequested information exists. If the court determines the specific\n\ninformation sought exists in the Board's records, the documents may\n\nthen be released only by court order if the court finds as part of\n\nits order that the documents will not pose any threat to the safety\n\nof the victim or any other person whose identity may appear in the\n\nBoard's records.\n\nH. When a person files a claim, all providers that have been\n\ngiven notice of a pending claim shall refrain from all debt\n\ncollection activities relating to medical treatment or other\n\nservices received by the person in connection with such claim until\n\nan award is made on the claim or until a claim is determined to be\n\nnoncompensable pursuant to the provisions of this act. The statute\n\nof limitations for collection of such debt shall be tolled during\n\nthe period in which the applicable health care provider or other\n\nservice provider is required to refrain from debt collection\n\nactivities under this subsection. For the purposes of this\n\nsubsection, \"debt collection activities\" means repeatedly calling or\n\nwriting to the claimant and threatening either to turn the matter\n\nover to a debt collection agency or to an attorney for collection,\n\nenforcement, or filing of other process. The term shall not include\n\nroutine billing about the status of the claim.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a8b1c3ec1cda8ce61c0a044acaef25b3d969229e938235dab28c56a46cc25a6b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-142.8","next":"us-ok/okla.-stat.-tit.-21-21-142a"},"notice":"GroundRules: Original legal text. Not legal advice."}
