Okla. Stat. tit. 56, § 56-201 — OK Code / Title 56 / Section 56-201
Group hospitalization insurance
Status: in_force

The Department of Public Welfare is hereby authorized to procure

group hospitalization and medical care insurance in any of the forms

customarily issued by any company or companies, association or

associations authorized to do business in the State of Oklahoma for

all persons eligible to receive old age assistance under the

provisions of subsection (a) of Section 4 of the Oklahoma Social

Security Act, at a rate not to exceed the amount of the actual

costs.
Okla. Stat. tit. 56, § 56-183 — OK Code / Title 56 / Section 56-183
Confidentiality of applications, information and records –
Status: in_force

Misuse of information.

A. This section shall be known and may be cited as “Kelley’s

Law”.

B. All applications, information and records concerning any

applicant or recipient obtained pursuant to law or as authorized by

law by the Department of Human Services or any other public or

private entity shall be confidential and shall be open to inspection

only:

1. To persons duly authorized by the Department of Human

Services pursuant to rule promulgated in compliance with Article I

of the Administrative Procedures Act or by the United States in

connection with the performance of their official duties; or

2. As otherwise authorized by law.

Oklahoma Statutes - Title 56. Poor Persons Page 59

Provided, however, the Department of Human Services shall maintain a

process to allow an authorized representative of a client of the

Department of Human Services to have access to confidential

information when necessary for eligibility determination and the

appeals process. For purposes of this section, “authorized

representative” shall mean any person designated by a client of the

Department of Human Services to review confidential information

about the client pertinent to eligibility determination and the

appeals process.

C. The Developmental Disabilities Services Division of the

Department of Human Services shall require all authorized persons

accessing service recipient information within a home record to sign

a form certifying that they have been informed and understand the

penalties for misuse of confidential and protected information

within the home record. The form shall include criminal penalties

related to identity theft.

D. It shall be unlawful and a misdemeanor for any public

officer or employee, to furnish or permit to be taken off of the

records any information therein contained for commercial or

political purposes.

E. It shall also be a Class D3 felony offense, punishable by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, for any person, firm or

corporation to publish, or to use for commercial or political

purposes, any list or names obtained through access to such

information or records.

Added by State Question No. 226, Initiative Petition No. 155, § 24,

adopted July 7, 1936. Amended by Laws 1939, p. 92, § 16, emerg.

eff. May 9, 1939; Laws 1951, p. 159, § 6, emerg. eff. June 1, 1951;
Okla. Stat. tit. 56, § 56-203 — OK Code / Title 56 / Section 56-203
Hospitalization and medical care system in the Department
Status: in_force

of Public Welfare.

In the event the Department of Public Welfare, after a thorough

study of the needs, determines that the services provided for in

Section 1 of this act can be more satisfactorily and economically

performed by providing for its own system of hospitalization and

medical care, the Department of Public Welfare is hereby authorized

to establish and maintain such a system within said Department,

under which such services as provided in Section 1 can be offered.
Okla. Stat. tit. 56, § 56-230.1 — OK Code / Title 56 / Section 56-230.1
Renumbered as § 230.50 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-198.13 — OK Code / Title 56 / Section 56-198.13
Legislative findings and intent
Status: in_force

The Legislature finds that it recognizes the need to nurture the

autonomy of citizens of this state who have disabilities by

providing home- and community-based care services in the least

restrictive and most appropriate setting possible. The Legislature

hereby intends to provide such individuals with more choices in and

greater control over the purchase of the home- and community-based

care services they receive.
Okla. Stat. tit. 56, § 56-3002.6 — OK Code / Title 56 / Section 56-3002.6
Legislative findings
Status: in_force

The Oklahoma Legislature finds that access to information

regarding all components of a long-term care support system is

necessary to empower the elderly and persons with disabilities in

planning, evaluating, and making decisions to meet their individual

long-term care support needs appropriately. This access to

information shall be provided through the Options Counseling for

Long-term Care Program provided by the Aging and Disability Resource

Consortium and its partner community organizations. The Options

Counseling for Long-term Care Program shall be designed to allow for

an integrated system that facilitates navigation of the variety of

Oklahoma Statutes - Title 56. Poor Persons Page 278

private and public resources available; minimizes service

fragmentation; reduces duplication of administrative paperwork

procedures; enhances individual choice; supports informed decision

making; and increases the cost-effectiveness of long-term care

services and support systems.
Okla. Stat. tit. 56, § 56-189a — OK Code / Title 56 / Section 56-189a
Board of county commissioners to furnish adequate
Status: in_force

quarters - Construction or rental agreements - Lease or lease-

purchase of private space and facilities.

A. 1. The board of county commissioners in each county shall

furnish quarters for the local units of the Department of Human

Services. Such quarters shall be located in the county courthouse

or other suitable building in the county seat and shall be furnished

with light, heat and water and adequate toilet facilities. The

county excise board shall provide adequate appropriations to enable

the county commissioners to comply with the provisions of this

subsection.

2. If no suitable quarters or adequate facilities are available

in the county courthouse or in the county seat, facilities shall be

Oklahoma Statutes - Title 56. Poor Persons Page 62

furnished and supplied in the city or town in the county, but not

the county seat thereof, having the greatest population.

3. The Department may enter into an agreement with the board of

county commissioners for financial participation, by the Department,

in the payment of rent on space leased for use by the Department, or

in the cost of repairs of buildings or space used by the Department,

or the cost of janitorial services and utility services, if the

Commission for Human Services determines that such payment is

necessary for adequate space for units of the Department and that

monies for such purpose are available without detriment to programs

administered by the Department.

B. 1. If the Commission for Human Services determines that

adequate or suitable quarters, office space or facilities for the

local units of the Department are not obtainable, the Department may

enter into an agreement with the board of county commissioners of

the county, or with any state agency or public trust, for the

construction or renovation of a building or buildings where local

units of the Department may have quarters, office space or

facilities; or may enter into a lease agreement for the rental of

space and facilities in a building or buildings constructed or

renovated by the county, or a state agency, public trust or building

authority, for the purpose of providing office space to the

Department or any other public agency or agencies.

2. The Department shall not enter into any agreement under the

provisions of this subsection unless federal financial participation

is obtainable. All such agreements shall contain provisions as to

financial participation therein by the parties to the agreement,

payments to be made for the use or occupancy of the office space and

facilities, and ownership of the building or buildings after payment

of the cost of construction or renovation thereof has been

completed, consistent with the requirements necessary for the

Department to obtain or receive federal funds for such purpose.

C. If the Commission for Human Services determines that

adequate or suitable quarters, office space or facilities for local

units of the Department are not obtainable from the board of county

commissioners of the county, or from any state agency or public

trust or building authority pursuant to the provisions of subsection

B of this section, the Commission may enter into a lease agreement

for the rental of space and facilities in a building or buildings

owned or operated by a private vendor for the purpose of providing

such quarters, office space or facilities.

D. The Commission for Human Services is authorized to enter

into agreements necessary to establish and determine the location of

a North Tulsa field office if the Commission determines that state

office space available through the Office of Management and

Enterprise Services in Tulsa County is not appropriate and adequate

to offer accessible and comprehensive services to clients of the

Oklahoma Statutes - Title 56. Poor Persons Page 63

Department of Human Services from North Tulsa County and Southern

Osage County communities.

E. If the Commission for Human Services determines that

adequate or suitable quarters, office space or facilities for local

units of the Department are not obtainable by lease agreement from

the board of county commissioners of the county, from any state

agency or public trust or building authority, or from a private

vendor, the Commission for Human Services may acquire real property

for such local units by lease-purchase agreement. The Department is

further authorized to enter into lease-purchase agreements to

construct or renovate adequate or suitable quarters, office space or

facilities needed by the Department. Local units of the Department

shall be exempt from the provisions of the Oklahoma Art in Public

Places Act.
Okla. Stat. tit. 56, § 56-701 — OK Code / Title 56 / Section 56-701
Short title
Status: in_force

This act shall be known and may be cited as the "Volunteer

Service Credit Bank Program Act".
Okla. Stat. tit. 56, § 56-234.1 — OK Code / Title 56 / Section 56-234.1
Renumbered as § 230.66 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-602 — OK Code / Title 56 / Section 56-602
Definitions
Status: in_force

As used in the Oklahoma Family Support Act:

1. "Department" means the Department of Human Services;

2. "Family" means a family member and his or her parent or

legal guardian; and

3. "Family member" means a person less than eighteen (18) years

of age with developmental or intellectual disability as defined in

Section 1408 of Title 10 of the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-705 — OK Code / Title 56 / Section 56-705
Volunteer Service Credit Bank Program Advisory Council
Status: in_force

A. There is hereby created a Volunteer Service Credit Bank

Program Advisory Council appointed by the Director of the Department

of Human Services. The Council shall be composed of fifteen (15)

members selected for their activity in aging and volunteer programs

in Oklahoma. Membership will include, but not be limited to,

representation from the State Council on Aging and the Oklahoma

Business and Aging Leadership Council, the State ACTION director, an

American Association of Retired Persons representative, a health

agency professional, a State Unit on Aging staff member, an Area

Agency on Aging director and volunteer agency personnel. Other

relevant volunteers and/or professionals will be invited to serve as

appropriate. The members shall serve without compensation but may

be reimbursed for expenses by the Department pursuant to the

provisions of the State Travel Reimbursement Act.

B. The Division shall provide professional and clerical staff

to perform the designated duties of the Council.

C. The Volunteer Service Credit Bank Program Advisory Council

shall have the power and duty to:

1. Serve as the advisory body to the Division for the

development and improvement of services to homebound individuals;

Oklahoma Statutes - Title 56. Poor Persons Page 207

2. Advise and consult with the Division on all matters relating

to the Volunteer Service Credit Bank Program; and

3. Evaluate and review the rules, practices and procedures

regarding the administration and enforcement of the provisions of

this act.
Okla. Stat. tit. 56, § 56-230.15 — OK Code / Title 56 / Section 56-230.15
Renumbered as § 230.68 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-165 — OK Code / Title 56 / Section 56-165
Amount of assistance
Status: in_force

A. 1. The amount of assistance which any person shall receive

under the provisions of this act shall be determined with due regard

to the resources, to income and need of the individual and other

conditions existing in each case and in accordance with funds

available and rules of the Commission for Human Services, but in no

case shall it be an amount which, when added to the income of the

applicant from all other sources, is more than necessary to provide

such person with reasonable subsistence compatible with decency and

health.

2. The cash or loan value of all life insurance policies, and

all revocable and irrevocable contracts for prepaid funeral

benefits, as defined by Sections 6121 through 6135 of Title 36 of

the Oklahoma Statutes, and all monies set aside in a separate

account and specifically designated for funeral expenses of an

Oklahoma Statutes - Title 56. Poor Persons Page 49

applicant for and recipient of public assistance shall be considered

as a resource available to meet the needs of the applicant.

However, the following accruals by the applicant for and recipient

of public assistance shall not be considered:

a. One Thousand Five Hundred Dollars ($1,500.00) cash

value of the policies or revocable contracts or

designated accounts or any combination thereof,

provided the cash value does not exceed One Thousand

Five Hundred Dollars ($1,500.00), or

b. Ten Thousand Dollars ($10,000.00) plus accrued

interest in an irrevocable contract, designated

account or cash value in insurance policies, or Ten

Thousand Dollars ($10,000.00) plus accrued interest in

any combination of irrevocable account, designated

account, or cash value in insurance policies.

3. If the recipient receives any money from the policies or

revocable contracts or designated accounts before the recipient's

death, the amount received shall be considered as a resource

available to meet the recipient's needs, provided, that an amount

not to exceed One Thousand Five Hundred Dollars ($1,500.00) from all

policies may be used for prepaid burial expenses of the recipient.

B. It shall be the duty of the Commission for Human Services,

in conformity with the Federal Social Security Laws and in regard to

funds available, to revise and liberalize the budget as now used in

ascertaining the need of any person eligible to receive assistance,

and, in so doing, the increased cost of living and condition of

health of such person shall be given due consideration.

C. 1. Except as otherwise provided in this subsection, the

limitations specified pursuant to paragraph 2 of subsection A of

this section shall apply to the cash or loan value of all life

insurance policies and all revocable and irrevocable contracts for

prepaid funeral benefits and all monies set aside in a separate

account and specifically designated for funeral expenses of an

applicant for or recipient of public assistance which were entered

into or created prior to July 1, 1986, and on and after July 1,

1985.

2. Any person who entered into an irrevocable life insurance

policy or irrevocable contract for prepaid funeral expenses prior to

July 1, 1986, which exceeds the maximum limitation specified by

paragraph 2 of subsection A of this section, and who is receiving

assistance on July 1, 1986, is eligible to continue to receive such

assistance provided such recipient does not add to or otherwise

increase such irrevocable policy or contract.

Added by State Question No. 226, Initiative Petition No. 155, § 5,

adopted July 7, 1936. Amended by Laws 1939, p. 89, § 5, emerg. eff.

May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws

1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1,

Oklahoma Statutes - Title 56. Poor Persons Page 50

emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May

28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws

1986, c. 139, § 1, operative July 1, 1986; Laws 1998, c. 231, § 1,

emerg. eff. May 20, 1998; Laws 2009, c. 286, § 1, eff. Nov. 1, 2009.
Okla. Stat. tit. 56, § 56-4002.3d — OK Code / Title 56 / Section 56-4002.3d
Selection of primary care provider by members
Status: in_force

A. Every Medicaid member enrolled in a contracted entity shall

have the right to select his or her primary care provider and to

change his or her primary care provider at any time, as long as the

selected primary care provider is a participating provider. Any

parent or guardian of a Medicaid member who is a minor child

enrolled in a contracted entity shall have the right to select the

primary care provider for the member's minor child and to change the

primary care provider at any time, as long as the selected primary

care provider is a participating provider.

B. If a member, or parent or guardian of a member who is a

minor child, does not select a primary care provider, the contracted

entity shall notify the member, parent, or guardian that he or she

needs to select a primary care provider and shall send the member,

parent, or guardian the name, contact information, employer, and any

other applicable information as determined by the Oklahoma Health

Care Authority of the three primary care providers nearest to the

member's home address that are contracted with the contracted

entity.

C. 1. If, after the contracted entity sends the information

described in subsection B of this section, the member, parent, or

guardian does not select a primary care provider within a time

determined by the Authority, the contracted entity shall assign the

member to a primary care provider in accordance with the process

described in paragraph 2 of this subsection.

Oklahoma Statutes - Title 56. Poor Persons Page 305

2. The Authority shall develop and implement a process for the

assignment by contracted entities of Medicaid members who do not

select a primary care provider to a primary care provider. The

process shall prioritize existing patient-provider relationships and

geographic proximity of the patient to the provider, and shall

assign families to the same primary care provider to the extent

possible.
Okla. Stat. tit. 56, § 56-226 — OK Code / Title 56 / Section 56-226
Department of Human Services Federal Disallowance Fund
Status: in_force

There is hereby created in the State Treasury a fund for the

Department of Human Services to be designated the "Department of

Human Services Federal Disallowance Fund". The fund shall be a

Oklahoma Statutes - Title 56. Poor Persons Page 93

continuing fund, not subject to fiscal year limitations. It shall

consist of monies received by the Department of Human Services

which, in the opinion of the Commission for Human Services, may be

subject to federal disallowances and interest which may accrue on

said receipts. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the

Department of Human Services at the discretion of the Commission for

Human Services for eventual settlement of the appropriate pending

disallowances. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

The Director of Human Services may request the Director of the

Office of Management and Enterprise Services to transfer monies

between the Department of Human Services Federal Disallowance Fund

and the Human Services Disbursing Fund or the Department of Human

Services Medical and Assistance Fund, as needed for the expenditure

of funds.
Okla. Stat. tit. 56, § 56-601 — OK Code / Title 56 / Section 56-601
Short title
Status: in_force

Sections 2 through 8 of this act shall be known and may be cited

as the "Oklahoma Family Support Act".
Okla. Stat. tit. 56, § 56-327.1 — OK Code / Title 56 / Section 56-327.1
Purchase or lease of passenger motor vehicles
Status: in_force

The Department of Human Services is authorized to acquire

passenger motor vehicles by purchase or lease when the acquisition

is deemed necessary by the Department to implement any program

assigned to the Department. All said purchases or leases for said

vehicles shall comply with the provisions of the Oklahoma Central

Purchasing Act.
Okla. Stat. tit. 56, § 56-1011.6 — OK Code / Title 56 / Section 56-1011.6
Disease management program
Status: in_force

A. The Oklahoma Health Care Authority shall develop a formal

program for disease management to improve the quality of care and

reduce the cost of care. The Authority is authorized to contract

for the development of the program if contracting is more cost

effective to the state than developing the program internally. The

disease management program may utilize pharmacy services including,

but not limited to, Medication Management Therapy. The program may

include, but not be limited to, asthma, diabetes, chronic

obstructive pulmonary disease, renal disease and/or congestive heart

failure.

Oklahoma Statutes - Title 56. Poor Persons Page 234

The disease management program shall consist of:

1. Claims data analysis;

2. Population selection and targeting;

3. Intervention through educational tools for patients and

providers and treatment guidelines for physicians;

4. Quality measurements of program structure, performance

indicators, and outcome measures; and

5. Reporting of outcome measure data.

B. The Oklahoma Health Care Authority shall evaluate and report

findings to the Governor and the Legislature no later than eighteen

(18) months after the start of the program.
Okla. Stat. tit. 56, § 56-1017.5 — OK Code / Title 56 / Section 56-1017.5
Request for Proposal
Status: in_force

A. On or before January 1, 2012, the Oklahoma Health Care

Authority shall initiate a Request for Proposal (RFP) which shall

outline specific expectations and requirements of suppliers to

competitively bid on administrative agent services for the ADvantage

Waiver Program. The RFP shall comply with all requirements of The

Oklahoma Central Purchasing Act related to state procurement.

The RFP shall:

l. Require outsourcing of administrative agent services for a

period of one (1) year;

2. Outline minimum requirements;

3. Direct the Oklahoma Central Purchasing Office to award a

contract for administrative agent services;

4. Have a submission deadline of April 1, 2012;

5. Provide that the administrative agent contract award be

announced on May 15, 2012; and

6. Provide that the administrative agent contract awarded begin

July 1, 2012.

B. The State of Oklahoma shall not discriminate against

suppliers from states or nations outside Oklahoma and shall

reciprocate the bidding preference given by other states or nations

to suppliers domiciled in their jurisdictions for acquisitions

pursuant to The Oklahoma Central Purchasing Act. The state shall

give preference to a resident bidder over other state or foreign

bidders if goods or services provided in this state are equal in

price, fitness, availability or quality.

C. Suppliers shall be required to have comprehensive experience

in the administration of a Medicaid home- and community-based

Oklahoma Statutes - Title 56. Poor Persons Page 249

service delivery system for elders in frail health and adults with

disabilities. The administrative agent contract shall be awarded to

one supplier based on qualification, merit and cost competiveness

and evaluation criteria that include:

1. Qualifications and experience in providing similar services;

2. Knowledge and technical competence;

3. Management, key personnel and other professional

certifications;

4. Timeliness and responsiveness of services;

5. Detailed budget/costs;

6. Proposal for management and administration with detailed

description of:

a. administrative structures that shall be in place prior

to contract implementation to support the scope of

services,

b. processes and procedures for daily operations,

c. expected outcomes along with the performance measures

used to measure the effectiveness of each function,

d. description of data collection methods and reporting

mechanisms,

e. methods used to collaborate and communicate with

members, service providers, local and state health and

human service agencies, regulatory agencies, and other

stakeholders, and

f. detailed description and supporting documentation of

how each waiver assurance will be met.

D. State employees currently performing such function shall be

allowed to compete by submitting a bid to perform the administrative

agency functions required in the day-to-day operations of the

ADvantage Waiver Program; provided, however, that any and all such

bids shall be submitted to and certified by the Oklahoma Health Care

Authority, who shall for purposes of this section constitute the

“agency” as such term is defined in the Oklahoma Privatization of

State Functions Act.

E. The Oklahoma Health Care Authority Board shall promulgate

rules and establish procedures necessary to implement the request

for proposals and for the administration of the ADvantage Waiver

Program pursuant to this section.
Okla. Stat. tit. 56, § 56-3002 — OK Code / Title 56 / Section 56-3002
Designation of participating agencies - Respective
Status: in_force

responsibilities - Report.

A. The following agencies are directed to jointly design and

implement a coordinated system of information, referral and follow-

up services for older Oklahomans:

1. The Aging Services Division of the Department of Human

Services;

2. The State Department of Health;

3. The Department of Mental Health and Substance Abuse

Services;

4. The Oklahoma Health Care Authority;

5. The Oklahoma Department of Veterans Affairs; and

6. The Office of Management and Enterprise Services.

B. 1. The Aging Services Division of the Department of Human

Services shall be the lead agency for the design and implementation

of the system required by the Coordination of Services for Older

Oklahomans Act and shall be responsible for convening meetings and

providing meeting space, administrative, staff and other necessary

support services. The Division shall convene the first meeting of

the agencies on or before July 1, 1996.

2. The remaining agencies listed in subsection A of this

section shall be responsible for providing information, staff and

other assistance as necessary to design and implement the system

required by the Coordination of Services for Older Oklahomans Act.

3. The Aging Services Division shall invite representatives of

the Area Agencies on Aging, Eldercare, managed health care

organizations and other appropriate public and private entities to

participate in the design of the system required by the Coordination

of Services for Older Oklahomans Act.

Oklahoma Statutes - Title 56. Poor Persons Page 276

4. The Office of Management and Enterprise Services shall

provide technical assistance and support necessary for the

development of the shared, computerized data base required by the

Coordination of Services for Older Oklahomans Act.

C. On or before December 1 of each year, the agencies listed in

subsection A of this section shall jointly submit a report to the

Governor, the Speaker of the House of Representatives, the President

Pro Tempore of the Senate, and the chairs of the appropriate

legislative committees. The report shall include, but not be

limited to:

1. A statement on the progress in the design and implementation

of the system required by the Coordination of Services for Older

Oklahomans Act; and

2. Identification of any statutory changes and funding

necessary to implement the system.
Okla. Stat. tit. 56, § 56-1010.1 — OK Code / Title 56 / Section 56-1010.1
Short title - Oklahoma Medicaid Program Reform Act of
Status: in_force

2003 – Purpose - Coverage – Waivers - Health Employee and Economy

Improvement Act (HEEIA) Revolving Fund.

A. Section 1010.1 et seq. of this title shall be known and may

be cited as the “Oklahoma Medicaid Program Reform Act of 2003”.

B. Recognizing that many Oklahomans do not have health care

benefits or health care coverage, that many small businesses cannot

afford to provide health care benefits to their employees, and that,

under federal law, barriers exist to providing Medicaid benefits to

the uninsured, the Legislature hereby establishes provisions to

lower the number of uninsured, assist businesses in their ability to

afford health care benefits and coverage for their employees, and

eliminate barriers to providing health coverage to eligible

enrollees under federal law.

C. Unless otherwise provided by law, the Oklahoma Health Care

Authority shall provide coverage under the state Medicaid program to

children under the age of eighteen (18) years whose family incomes

do not exceed one hundred eighty-five percent (185%) of the federal

poverty level.

D. 1. The Authority is directed to apply for a waiver or

waivers to the Centers for Medicare and Medicaid Services (CMS) that

will accomplish the purposes outlined in subsection B of this

section. The Authority is further directed to negotiate with CMS to

include in the waiver authority provisions to:

a. increase access to health care for Oklahomans,

b. reform the Oklahoma Medicaid Program to promote

personal responsibility for health care services and

appropriate utilization of health care benefits

through the use of public-private cost sharing,

c. enable small employers, and/or employed, uninsured

adults with or without children to purchase employer-

sponsored, state-approved private, or state-sponsored

health care coverage through a state premium

assistance payment plan. If by January 1, 2012, the

Oklahoma Employer/Employee Partnership for Insurance

Coverage premium assistance program is not consuming

more than seventy-five percent (75%) of its dedicated

source of funding, then the program will be expanded

to include parents of children eligible for Medicaid,

and

Oklahoma Statutes - Title 56. Poor Persons Page 222

d. develop flexible health care benefit packages based

upon patient need and cost.

2. The Authority may phase in any waiver or waivers it receives

based upon available funding.

3. The Authority is authorized to develop and implement a

premium assistance plan to assist small businesses and/or their

eligible employees to purchase employer-sponsored insurance or “buy-

in” to a state-sponsored benefit plan.

4. a. The Authority is authorized to seek from the Centers

for Medicare and Medicaid Services any waivers or

amendments to existing waivers necessary to accomplish

an expansion of the premium assistance program to:

(1) include for-profit employers with two hundred

fifty employees or less up to any level supported

by existing funding resources, and

(2) include not-for-profit employers with five

hundred employees or less up to any level

supported by existing funding resources.

b. Foster parents employed by employers with greater than

two hundred fifty employees shall be exempt from the

qualifying employer requirement provided for in this

paragraph and shall be eligible to qualify for the

premium assistance program provided for in this

section if supported by existing funding.

E. For purposes of this paragraph, “for-profit employer” shall

mean an entity which is not exempt from taxation pursuant to the

provisions of Section 501(c)(3) of the Internal Revenue Code and

“not-for-profit employer” shall mean an entity which is exempt from

taxation pursuant to the provisions of Section 501(c)(3) of the

Internal Revenue Code.

F. The Authority is authorized to seek from the Centers for

Medicare and Medicaid Services any waivers or amendments to existing

waivers necessary to accomplish an extension of the premium

assistance program to include qualified employees whose family

income does not exceed two hundred fifty percent (250%) of the

federal poverty level, subject to the limit of federal financial

participation.

G. The Authority is authorized to create as part of the premium

assistance program an option to purchase a high-deductible health

insurance plan that is compatible with a health savings account.

H. 1. There is hereby created in the State Treasury a

revolving fund to be designated the “Health Employee and Economy

Improvement Act (HEEIA) Revolving Fund”.

2. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of:

a. all monies received by the Authority pursuant to this

section and otherwise specified or authorized by law,

Oklahoma Statutes - Title 56. Poor Persons Page 223

b. monies received by the Authority due to federal

financial participation pursuant to Title XIX of the

Social Security Act, and

c. interest attributable to investment of money in the

fund.

3. All monies accruing to the credit of the fund are hereby

appropriated and shall be budgeted and expended by the Authority to

implement a premium assistance plan and to fund the state share for

the Oklahoma Medicaid Program on or after July 1, 2020, unless

otherwise provided by law.

I. 1. The Authority shall establish a procedure for verifying

an applicant’s individual income by utilizing available Oklahoma Tax

Commission records, new hire report data collected by the Oklahoma

Employment Security Commission, and child support payment data

collected by the Department of Human Services in accordance with

federal and state law.

2. The Oklahoma Tax Commission, Oklahoma Employment Security

Commission, and Department of Human Services shall cooperate in

accordance with federal and state law with the Authority to

establish procedures for the secure electronic transmission of an

applicant’s individual income data to the Authority.

3. The Department of Public Safety shall cooperate in

accordance with federal and state law with the Authority to

establish procedures for the secure electronic transmission of an

applicant’s individual identification data to the Authority.

J. An employer participating in the premium assistance program

created under this section as of May 1, 2024, may utilize a self-

funded or self-insured health care plan as a participating health

care plan if:

1. The self-funded or self-insured health care plan is

recognized by the Insurance Department under Section 6012 of Title

36 of the Oklahoma Statutes;

2. The self-funded or self-insured health care plan covers all

essential health benefits as required by the Authority and all other

health benefits required under applicable federal laws;

3. The self-funded or self-insured health care plan otherwise

complies with all applicable federal laws including but not limited

to the Employee Retirement Income Security Act of 1974 (ERISA);

4. The self-funded or self-insured health care plan assesses a

monthly premium on members and maintains a rate schedule for

provider reimbursement;

5. The self-funded or self-insured health care plan meets

actuarial standards for the premium assistance program as determined

by the Authority and the employer submits an attestation to the

Insurance Department that the self-funded or self-insured health

care plan meets such actuarial standards; and

Oklahoma Statutes - Title 56. Poor Persons Page 224

6. The Authority receives the necessary federal approval for

self-funded or self-insured health care plans to participate in the

premium assistance program.
Okla. Stat. tit. 56, § 56-1005 — OK Code / Title 56 / Section 56-1005
Unlawful acts
Status: in_force

A. It shall be unlawful and deemed a Class D1 felony offense

for any person to willfully and knowingly:

1. Make or cause to be made a claim, knowing the claim to be

false, in whole or in part, by commission or omission;

2. Make or cause to be made a statement or representation for

use in obtaining or seeking to obtain authorization to provide a

good or a service knowing the statement or representation to be

false, in whole or in part, by commission or omission;

3. Make or cause to be made a statement or representation for

use by another in obtaining a good or a service under the Oklahoma

Medicaid Program, knowing the statement or representation to be

false, in whole or in part, by commission or omission;

4. Make or cause to be made a statement or representation for

use in qualifying as a provider of a good or a service under the

Oklahoma Medicaid Program, knowing the statement or representation

to be false, in whole or in part, by commission or omission;

5. Charge any recipient or person acting on behalf of a

recipient, money or other consideration in addition to or in excess

of rates of remuneration established under the Oklahoma Medicaid

Program;

6. Solicit or accept a benefit, pecuniary benefit, or kickback

in connection with goods or services paid or claimed by a provider

to be payable by the Oklahoma Medicaid Program; or

7. Having submitted a claim for or received payment for a good

or a service under the Oklahoma Medicaid Program, fail to maintain

or destroy such records as required by law or the rules of the

Oklahoma Health Care Authority for a period of at least six (6)

years following the date on which payment was received.

Any person who violates the provisions of this section shall,

upon conviction, be guilty of a Class D1 felony offense and shall be

Oklahoma Statutes - Title 56. Poor Persons Page 213

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes.

B. For the purposes of this section, a person shall be deemed

to have made or caused to be made a claim, statement, or

representation if the person:

1. Had the authority or responsibility to make the claim,

statement, or representation, to supervise those who made the claim,

statement, or representation, or to authorize the making of the

claim, statement, or representation, whether by operation of law,

business or professional practice, or office procedure; and

2. Exercised such authority or responsibility or failed to

exercise such authority or responsibility and as a direct or

indirect result, the false statement was made.

C. The provisions of this section shall not be construed to

prohibit any payment, business arrangement or payment practice not

prohibited by 42 U.S.C., Section 1320a-7b(b) or any regulations

promulgated pursuant thereto or to prohibit any payment, business

arrangement or payment practice not prohibited by Section 1-742 of

Title 63 of the Oklahoma Statutes.

D. For the purposes of this section, a person shall be deemed

to have known that a claim, statement, or representation was false

if the person knew, or by virtue of the person's position, authority

or responsibility, had reason to know, of the falsity of the claim,

statement or representation.

E. Any employee of the State Department of Health, the

Department of Human Services or the Oklahoma Health Care Authority

who knowingly or willfully fails to promptly report a violation of

the Oklahoma Medicaid Program, subject to the provisions of this

section, to the chief administrative officer of such agency or the

State Attorney General shall, upon conviction thereof, be guilty of

a misdemeanor.
Okla. Stat. tit. 56, § 56-230.63 — OK Code / Title 56 / Section 56-230.63
Failure to cooperate in approved work activities or
Status: in_force

child support enforcement programs - Fraud control program.

A. 1. If a recipient, without good cause, does not cooperate

with the Department of Human Services in approved work activities as

required by the Department pursuant to the Temporary Assistance for

Needy Families (TANF) program, the Department shall close the case.

2. If a recipient, without good cause, does not cooperate with

the Department in administering the child support enforcement

program relating to the establishment, modification, or enforcement

of a support order, the Department shall reduce benefits to the

recipient under the Temporary Assistance for Needy Families (TANF)

program in an amount to be determined by the Department.

B. 1. The Department of Human Services shall establish and

operate a fraud control program. The Department shall proceed

against any individual member of a family, regardless of payment

status under the TANF program, whom it believes to have committed an

intentional program violation pursuant to federal law, through an

administrative hearing or by referring the matter to the appropriate

authorities for civil or criminal action in a state or federal

court.

2. In proceeding against such an individual, the Department

shall coordinate its actions with any corresponding actions being

taken under Medicaid fraud programs where the factual issues arise

from the same or related circumstances.
Okla. Stat. tit. 56, § 56-347 — OK Code / Title 56 / Section 56-347
Guardian and conservator services
Status: in_force

The Department of Human Services is hereby authorized to

contract for the services of guardians and conservators who will act

on behalf of individuals that are recipients of services through the

agency's programs including, but not limited to, the program for

individuals with intellectual disabilities and the adult protective

services program. The Department is authorized to reimburse such

guardians and conservators for any expenses determined to be

reimbursable by the Department and incurred as a result of their

services as guardian or conservator.
Okla. Stat. tit. 56, § 56-195 — OK Code / Title 56 / Section 56-195
Increase of grants
Status: in_force

The Oklahoma Department of Public Welfare is hereby authorized

and directed, subject to the approval of the Oklahoma Public Welfare

Commission, to increase grants in the old-age assistance category,

aid to blind category, and aid to permanently and totally disabled

category when, in its judgment, sufficient funds are accumulated to

maintain a one month's surplus in each of the accounts of the

department and when sufficient funds are available to maintain the

Oklahoma Statutes - Title 56. Poor Persons Page 65

increase for a biennium, in order to guarantee a continuity of

dependable payments to the recipients of public assistance.
Okla. Stat. tit. 56, § 56-329.1 — OK Code / Title 56 / Section 56-329.1
Program to broaden availability of support service providers in the deaf-blind community
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 9providers in the deaf-blind community - Support Service Providers

Grant Program Fund.

A. The Department of Human Services shall:

1. Establish a program to broaden the availability of support

service providers (SSPs) in the deaf-blind community;

2. Develop a mission statement for the program and promulgate

rules necessary to implement and administer the program;

3. Provide grants to SSPs and organizations that provide

services for deaf-blind adults or deaf-blind children and their

families. The services shall include but are not limited to:

a. transportation for doctor appointments, shopping or

errands,

b. reading mail or other correspondence,

c. making telephone calls,

d. recreation or wellness activities,

e. civic or religious activities,

f. deaf-blind meetings or events, and

g. occasional special events such as weddings, funerals

or religious ceremonies.

The Department may prioritize and limit the amount and scope of

services offered subject to funding limitations and considering the

needs of the deaf-blind recipients and their families; and

4. Use a request-for-proposal process to award grants to SSPs.

SSPs that receive grants pursuant to this section may expend the

grant monies for any purpose authorized in this subsection. The

total amount of grants awarded pursuant to this section shall not

exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually.

B. After establishing a program pursuant to subsection A of

this section and subject to the availability of funds, the

Department may develop a certification requirement and training

program for SSPs and organizations that provide services for deaf-

blind adults or deaf-blind children and their families with the

primary priority of service to the deaf-blind recipients and their

families.

Oklahoma Statutes - Title 56. Poor Persons Page 194

C. The structure and scope of the program established in

subsection A of this section may be expanded upon legislative

approval and funding. The program shall be aligned with other

initiatives of the Department to avoid duplication or overlap of

services or programming; however, the Department may use a

combination of services or programs to provide a comprehensive

support program for deaf-blind adults or deaf-blind children and

their families. The Department may solicit and accept private or

public funds from individuals and entities to implement and

administer the program.

D. There is hereby created in the State Treasury a revolving

fund for the Department of Human Services to be designated the

"Support Service Providers Grant Program Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations. The fund

shall consist of monies appropriated to the Department by the

Legislature and any other monies acquired by the Department pursuant

to subsection C of this section. All monies accruing to the credit

of the fund are hereby appropriated and may be budgeted and expended

by the Department in order to carry out the duties imposed in this

section. Expenditures from the Support Service Providers Grant

Program Fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 56, § 56-530.3 — OK Code / Title 56 / Section 56-530.3
Definitions
Status: in_force

For purposes of the provisions of the Oklahoma Adult Companion

Home Certification Act:

1. "Department" means the Department of Human Services; and

2. "Adult companion home" means any home or establishment,

funded and certified by the Department of Human Services, which

provides homelike residential accommodations and supportive

assistance to three or fewer adults with intellectual or

developmental disabilities.
Okla. Stat. tit. 56, § 56-3002.1 — OK Code / Title 56 / Section 56-3002.1
Aging and Disability Resource Consortium initiative
Status: in_force

The Aging Services Division of the Department of Human Services

is encouraged and authorized to work collaboratively with other

national, state and local agencies and community groups to

establish, develop, and implement a single-point-of-entry concept

for aging and disability groups in Oklahoma referred to as an Aging

and Disability Resource Consortium (ADRC) initiative.

The Aging Services Division is designated as the lead agency in

the establishment of an ADRC initiative in Oklahoma. The Aging

Services Division shall collaborate and coordinate with the

disability and aging network to ensure appropriate inclusion in the

ADRC initiative. The Aging Services Division is authorized to

pursue national, state or local grants to comply with national,

state or local rules or regulations to effect this enabling

legislation.

The ADRC initiative shall streamline access to long-term support

services and assist disabled and elderly Oklahomans to make informed

decisions about their service and support options. The ADRC

initiative shall coordinate existing systems of information,

assistance and access for the elderly and disabled, and shall form

state and local partnerships that provide information and assistance

to individuals or professionals needing either public or private

resources for themselves or their clients, especially when planning

for long-term support service needs.
Okla. Stat. tit. 56, § 56-28.2 — OK Code / Title 56 / Section 56-28.2
Medical services
Status: in_force

The Department of Public Welfare is hereby authorized to pay,

within the scope of its medical programs, for medical services

rendered by licensed medical and osteopathic physicians in

furtherance of such planned parenthood.
Okla. Stat. tit. 56, § 56-1010.21 — OK Code / Title 56 / Section 56-1010.21
Short title – Purpose - Definition
Status: in_force

A. This act shall be known and may be cited as the “Oklahoma

Pharmacy Connection Program”.

B. Initial implementation of the program shall target senior

citizens and shall utilize the existing toll-free Senior Info-Line

telephone number for senior citizen services.

C. The purpose of the Oklahoma Pharmacy Connection Program

shall be to improve access to prescription drugs for citizens who

have no or inadequate health insurance or other resources for the

purchase of medically necessary prescription drugs by:

1. Providing a clearinghouse to assist citizens of this state

to access manufacturer-sponsored prescription drug assistance

programs for which they are or may be eligible;

2. Disseminating information about and advertising the program

that will assist citizens with purchasing prescription drugs at a

lower cost;

3. Assisting citizens with accessing pharmaceutical discount or

insurance programs that may be of benefit to them;

4. Serving as a resource for pharmaceutical benefit issues; and

5. Implementing additional strategies to assist citizens to

access prescription drugs as appropriate.

D. For the purposes of the Oklahoma Pharmacy Connection

Program, "manufacturer-sponsored prescription drug assistance

program" means a program offered by a pharmaceutical company through

which the company provides a drug or drugs to eligible persons at no

charge or at a substantially reduced cost. The term does not

include the provision of a drug as part of a clinical trial.
Okla. Stat. tit. 56, § 56-230.11 — OK Code / Title 56 / Section 56-230.11
Renumbered as § 230.60 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-230.59 — OK Code / Title 56 / Section 56-230.59
Substance abuse study
Status: in_force

A. The Department of Human Services, working with the

Department of Mental Health and Substance Abuse Services, shall

conduct a study to determine the extent to which substance abuse

interferes with the ability of recipients in the Temporary

Assistance for Needy Families (TANF) program to secure and maintain

employment leading to self sufficiency.

B. The study shall include, but not be limited to, an

assessment of the extent of the substance abuse problem among public

assistance recipients in this state, the availability of a range of

treatment resources statewide, and consideration of the use of drug

testing, sanctions, and other tools recognized in successful

intervention models, as well as the safety of any children involved.

C. The Department shall issue a report of its findings and any

recommendations to the Governor and the Legislature not later than

June 1, 1998.
Okla. Stat. tit. 56, § 56-237.1 — OK Code / Title 56 / Section 56-237.1
Agreements between district attorneys and the Department
Status: in_force

for enforcement and collection of child support obligations.

District attorneys may enter into agreements with the Department

of Human Services for the enforcement and collection of child

support obligations under Part D of Title IV of the federal Social

Security Act, 42 U.S.C.A. Section 651 et seq. Such agreements may

include provisions for the payment of federal or state funds to the

district attorney for the payment of any expense incurred in the

operation of the district attorney's office for the purposes of such

agreement. All funds, except payroll funds, shall be transmitted to

the county treasurer and deposited in a special fund to be known as

the "District Attorney Child Support Contract Fund" and be disbursed

in accordance with accounting procedures prescribed by the State

Auditor and Inspector. Such special funds shall not be a part of

the general fund of the county and shall not be subject to

appropriation by the county excise board. Payroll funds, which

shall be governed by Section 215.30 of this title, shall be paid

pursuant to the agreement.Oklahoma Statutes - Title 56. Poor Persons Page 6
Okla. Stat. tit. 56, § 56-238.2 — OK Code / Title 56 / Section 56-238.2
Assignment of earnings to be honored by employer -
Status: in_force

Release from liability.

Any person, firm, corporation, association, political

subdivision or department of the state employing a person owing a

support debt or obligation shall honor, according to its terms, a

duly executed assignment of earnings presented by the Director as a

plan to satisfy or retire a support debt or obligation. This

requirement to honor the assignment of earnings and the assignment

of earnings itself shall be applicable whether said earnings are to

be paid presently or in the future and shall continue in force and

effect until released in writing by the Director. Payment of money

pursuant to an assignment of earnings presented by the Director

shall serve as full acquittance under any contract of employment,

and the state warrants and represents it shall defend and hold

harmless such action taken pursuant to said assignment of earnings.

The Director shall be released from liability for improper receipt

of monies under an assignment of earnings upon return of any monies

so received.
Okla. Stat. tit. 56, § 56-1017.2 — OK Code / Title 56 / Section 56-1017.2
Legislative findings
Status: in_force

The Legislature finds that:

1. Oklahoma has a successful home- and community-based services

program known as the ADvantage Waiver Program for the frail, elderly

and adults with physical disabilities age twenty-one (21) and over

who do not have an intellectual disability nor a cognitive

impairment. The ADvantage Waiver Program provides the following

services: case management, transitional case management, personal

care, advanced supportive/restorative, skilled nursing - home health

setting, RN assessment evaluation, occupational therapy, physical

therapy, respiratory therapy, speech/language therapy, adult day

health, personal care in adult day health, therapy in adult day

health, home-delivered meals, NF extended respite, in-home respite,

in-home extended respite, environmental modifications, hospice,

consumer-directed personal care assistant services and supports,

assisted living, and specialized medical equipment and supplies;

2. Many Oklahomans who could safely stay at home with cost-

effective home- and community-based services go into nursing

facilities the day assistance is needed because their eligibility

for nursing facility supports is "presumed" by the nursing facility,

Oklahoma Statutes - Title 56. Poor Persons Page 247

while eligibility for home and community supports can take weeks or

months. If their circumstances are such that they need immediate or

urgent care, they lose their choice to live and receive their

services at home. Once they are in a nursing facility, they may

lose their home or the supports they need to stay at home; and

3. The cost of serving Oklahomans who are in nursing facilities

when they could be living and receiving services at home is

significantly higher than the cost of serving them with home- and

community-based services.
Okla. Stat. tit. 56, § 56-211 — OK Code / Title 56 / Section 56-211
Jurisdiction of State Budget Director - Director of Old-
Status: in_force

Age and Survivors Insurance - Other personnel.

The State Budget Director in the Executive Department shall have

jurisdiction over all matters pertaining to the accounting,

reporting and collection of amounts due from state agencies,

pursuant to the terms of this act and Title 2 of the Federal Social

Security Act (Public Law 734 (HR 6000) - 81st Congress), as

authorized by Title 56, Chapter 7, Oklahoma Session Laws 1949, and

pursuant to the Federal-State agreement entered into under Section

218 of the Federal Social Security Act as amended (providing for

coverage through Federal-State agreements), holding the state

responsible for all aspects of conformance to the terms of the

coverage agreement.

Oklahoma Statutes - Title 56. Poor Persons Page 89

The State Budget Director, at the direction of the Governor,

shall employ and fix the duties and compensation of a Director of

Old-Age and Survivors Insurance and shall employ and fix the duties

and compensation of such other personnel as he deems necessary to

assist him in performing the duties and functions in connection with

the administration of the Old-Age and Survivors Insurance system as

it pertains to state employees in the coverage group designated by

law as the "State of Oklahoma".
Okla. Stat. tit. 56, § 56-4001.4 — OK Code / Title 56 / Section 56-4001.4
Establishment of accounts – Contributions -
Status: in_force

Withdrawals.

Oklahoma Statutes - Title 56. Poor Persons Page 293

A. The program shall be operated through the use of accounts.

An account may be established to save for the qualified disability

expenses of the account owner by:

1. Completing an application in the form prescribed by the

Treasurer;

2. Paying the one-time application fee established by the

Treasurer;

3. Making the minimum contribution required by the Treasurer or

by opening an account; and

4. Designating a single ABLE account per beneficiary, except in

the case of rollovers or program-to-program transfers.

B. Any person may make contributions to an account after the

account is opened.

C. Contributions to accounts may be made only in cash.

D. Account owners may withdraw all or part of the balance from

an account on sixty (60) days' notice, or a shorter period as may be

authorized by the Treasurer, under rules prescribed by the

Treasurer. These rules shall include provisions that will generally

enable the Treasurer or program manager to determine if a withdrawal

is a nonqualified withdrawal or a qualified withdrawal. The rules

may, but need not, require one or more of the following:

1. Account owners seeking to make a qualified withdrawal or

other withdrawal that is not a nonqualified withdrawal shall provide

certifications, copies of bills for qualified disability expenses or

other supporting material; and

2. Withdrawals not meeting certain requirements shall be

treated as nonqualified withdrawals by the program manager.

E. An account owner may change the designated beneficiary of an

account to an individual as provided under Section 529A of the

Internal Revenue Code.

F. An account owner may make the changes, transfers and

withdrawals described in Section 529A of the Internal Revenue Code

to an account that is owned by the account owner. If a change of

beneficiary or transfer causes the total account balance for all

accounts under the program for the new beneficiary to exceed the

maximum account balance limit, the excess amount shall be rejected

and returned to the account owner as provided in Section 529A of the

Internal Revenue Code.

G. Each account for each designated beneficiary shall be

maintained separately from each other account under the program.

H. Separate records and accounting shall be maintained for each

account for each designated beneficiary.

I. An account owner may direct the investment of any

contributions to an account or the earnings from the account only as

permitted by Section 529A of the Internal Revenue Code.

J. If the Treasurer terminates the authority of a financial

institution to hold accounts and accounts must be moved from that

Oklahoma Statutes - Title 56. Poor Persons Page 294

financial institution to another financial institution, the

Treasurer shall select the financial institution and type of

investment to which the balance of the account is moved unless the

Internal Revenue Service provides guidance stating that allowing the

account owner to select among several financial institutions that

are then contractors would not cause a plan to cease to be a

qualified state tuition plan.

K. No account owner may use an interest in an account as

security for a loan. Any pledge of an interest in an account is of

no force and effect.

L. The Treasurer shall adopt guidelines and procedures to

prevent contributions on behalf of a designated beneficiary in

excess of those allowed pursuant to Section 529A of the Internal

Revenue Code to pay the qualified disability expenses of the

designated beneficiaries.

M. The financial institution(s) shall make all reports and

informational returns as required by the Internal Revenue Service,

the Oklahoma Tax Commission and other pertinent federal and state

laws and regulations.

N. The program manager shall make such reports with respect to

contributions, distributions and other matters that the Treasurer

may require pursuant to federal and state law reporting

requirements. The statement shall identify the contributions made

during a preceding twelve-month period, the total contributions made

through the end of the period, the value of the account as of the

end of this period, distributions made during this period and any

other matters that the Treasurer requires be reported to the account

owner.
Okla. Stat. tit. 56, § 56-1005.2 — OK Code / Title 56 / Section 56-1005.2
Short title - Defunding Fetal-Body-Parts Trafficking
Status: in_force

Act.

This act shall be known and may be cited as the "Defunding

Fetal-Body-Parts Trafficking Act".
Okla. Stat. tit. 56, § 56-26.13 — OK Code / Title 56 / Section 56-26.13
Abolition of Oklahoma Emergency Relief Board
Status: in_force

The Oklahoma Emergency Relief Board is hereby abolished.
Okla. Stat. tit. 56, § 56-530.2 — OK Code / Title 56 / Section 56-530.2
Purpose and policy of act - Maintenance of minimum
Status: in_force

standards - Certificate required.

A. It is the purpose and policy of the Oklahoma Adult Companion

Home Certification Act to ensure maintenance of minimum standards

for the care and protection of adults with intellectual or

developmental disabilities, and to encourage and assist adult

companion homes in achieving maximum standards.

B. In order to provide care for adults with intellectual or

developmental disabilities in adult companion homes, a certificate

shall be obtained from the Department of Human Services. Such

certificate shall be issued on the basis of meeting minimum

standards which are essential for the health and welfare of any

adult with intellectual or developmental disabilities placed for

care in such home.
Okla. Stat. tit. 56, § 56-230.68 — OK Code / Title 56 / Section 56-230.68
Fraud hot line
Status: in_force

A. The Department of Human Services shall establish and

maintain a statewide incoming areawide telephone service hot line

for the purpose of reporting suspected cases of welfare eligibility

fraud, Temporary Assistance for Needy Families (TANF) fraud and food

stamp fraud.

B. The Commission for Human Services shall promulgate rules to

enact the provisions of this section, and shall include in such

rules procedures which address false reports and issues of

confidentiality.
Okla. Stat. tit. 56, § 56-236 — OK Code / Title 56 / Section 56-236
Legal division or unit - Contracts for private legal
Status: in_force

counsel.

A. The Commission for Human Services shall establish or provide

for a legal division or unit in the Department of Human Services.

The Director of the Department of Human Services shall employ

attorneys as needed, which may be on full-time and part-time basis.

Such attorneys, in addition to advising the Commission, Director and

Department personnel on legal matters, may appear for and represent

the Commission, Director and Department in legal actions and

proceedings. Provided, that it shall continue to be the duty of the

Oklahoma Statutes - Title 56. Poor Persons Page 122

Attorney General to give his official opinion to the Commission,

Director or Department, and to prosecute and defend actions

therefor, if requested to do so. The Attorney General may levy and

collect costs, expenses of litigation and a reasonable attorney's

fee for such legal services from the Commission. Provided, however

the charges which the Attorney General is authorized to levy and

collect shall only include those costs and charges which exceed the

costs associated with the salary and benefits of one attorney FTE

position per fiscal year.

B. The Commission shall not contract for representation by

private legal counsel unless approved by the Attorney General. Such

contract for private legal counsel shall be in the best interests of

the state.

C. The Attorney General shall be notified by the Commission or

its counsel of all lawsuits against the Commission, its officers or

employees that seek injunctive relief which would impose obligations

requiring the expenditure of funds in excess of unencumbered monies

in the agency's appropriations or beyond the current fiscal year.

The Attorney General shall review any such cases and may represent

the interests of the state, if he considers it to be in the best

interest of the state to do so, in which case he shall be paid as

provided in subsection A of this section. Representation of

multiple defendants in such actions may, at the discretion of the

Attorney General, be divided with counsel for the Commission as

necessary to avoid conflicts of interest.
Okla. Stat. tit. 56, § 56-1026.1 — OK Code / Title 56 / Section 56-1026.1
Developmental Disability Services Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Human Services to be designated the

“Developmental Disability Services Revolving Fund”. The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the Department from

appropriations provided for the purpose of funding the state share

of the following home- and community-based services waivers:

1. The In-Home Supports for Adults Waiver;

2. The In-Home Supports for Children Waiver;

3. The Homeward Bound Waiver; and

4. The Community Waiver.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the purpose provided for in this section. Expenditures from the

fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 56, § 56-227 — OK Code / Title 56 / Section 56-227
Provision of residential or vocational services to developmentally disabled - Preference to
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 5developmentally disabled - Preference to corporations within state.

A. The Developmental Disabilities Services Division within the

Department of Human Services is hereby directed to offer a

preference to qualified corporations within the state to provide

residential or vocational services to residents of this state who

have developmental disabilities. The Commission for Human Services

is hereby authorized to promulgate rules to implement the provisions

of this act, provided such rules shall not unduly interfere with

interstate commerce or discriminate against out-of-state

corporations.

B. A qualified corporation shall:

1. Conduct at least fifty-one percent (51%) of its financial

business within the State of Oklahoma, including both receipt and

disbursement transactions;

2. Have its principal place of business within the State of

Oklahoma and have on file in the Office of the Secretary of State of

Oklahoma a certificate of incorporation or a certificate of

qualification of foreign incorporation;

3. Provide residential or vocational services, or both, as

determined by the Department of Human Services to the residents of

this state who have developmental disabilities;

4. Be identified on a list maintained by the Developmental

Disabilities Services Division of the Department of Human Services.

This list shall include those corporations which demonstrate the

capacity to maintain fiscal solvency, as determined by the

Oklahoma Statutes - Title 56. Poor Persons Page 94

Department of Human Services, and, if the corporation has been in

existence for two or more years, the corporation's capacity to

maintain fiscal solvency must be verified by two (2) or more annual

financial audits, conducted by an independent certified public

accountant;

5. Have a history of ethical business practices as established

by a peer review panel, if prior business operations have been

conducted. Complaints relating to ethical practices shall be

reviewed by a peer review panel of five (5) members, to be appointed

annually by the Administrator of the Developmental Disabilities

Services Division. Members of the panel may be reappointed. The

panel shall:

a. develop criteria to determine ethical business

practices for qualified corporations,

b. determine compliance of qualified corporations with

such criteria,

c. make recommendations to the Administrator of the

Developmental Disabilities Services Division, who

shall take appropriate action to remedy any unethical

behavior, and

d. maintain confidentiality in the review of complaints

relating to ethical practices in determining qualified

corporations throughout the review process, except to:

(1) employees of other state and federal agencies in

the course of their official duties pertaining or

relating to such review process, services, or

residents,

(2) the members of the Legislature or its staff, and

(3) the office of the Governor; and

6. Be in full compliance with all assurances and monitoring

standards required by the Department of Human Services or other

relevant state and federal licensing and certification requirements.

C. The Department of Human Services shall be allowed discretion

in its choice of providers for residential or vocational services,

or both, when none of the qualified corporations can or are willing

to provide such services.

D. The Developmental Disabilities Services Division shall not

be prohibited from contracting with any new community-based

nonprofit corporation to provide residential or vocational services

in an unserved community.

E. The Developmental Disabilities Services Division shall be

authorized to provide technical assistance, either directly or

through the use of qualified consultants, to enhance the ability of

Oklahoma-based corporations to provide new, innovative and effective

services to residents of this state who have developmental

disabilities.

Oklahoma Statutes - Title 56. Poor Persons Page 95
Okla. Stat. tit. 56, § 56-704 — OK Code / Title 56 / Section 56-704
Rulemaking
Status: in_force

The Commission shall promulgate rules regarding:

1. The sponsoring organizations, including but not limited to:

Oklahoma Statutes - Title 56. Poor Persons Page 206

a. eligibility requirements for certification of local

sponsoring organizations,

b. roles and responsibilities of the sponsoring

organizations,

c. provisions for the sponsoring organizations to

establish program contribution procedures,

d. provisions for liability insurance for the sponsor and

volunteers, and

e. provisions for written policies and procedures

regarding confidentiality and recordkeeping;

2. Volunteers, including but not limited to:

a. types of volunteers and eligibility criteria for same,

whether receiving service credits or donating credits

to a beneficiary,

b. procedures for making application to the Program,

c. training requirements, and

d. a volunteer code of ethics; and

3. Receiving service credits, including but not limited to:

a. criteria for receipt of service credits,

b. the amount of credits to be awarded for different

types of service, and

c. procedures for receiving service and drawing on the

credit bank.
Okla. Stat. tit. 56, § 56-4002.3c — OK Code / Title 56 / Section 56-4002.3c
Process for assignment of Medicaid members to
Status: in_force

contracted entities.

A. The Authority shall develop and implement a process for

assignment of Medicaid members to contracted entities.

Oklahoma Statutes - Title 56. Poor Persons Page 304

B. The Authority may only utilize an opt-in enrollment process

for the voluntary enrollment of American Indians and Alaska Natives.

Notwithstanding any other provision of this act, the Authority shall

comply with all Indian provisions associated with Medicaid managed

care including, but not limited to, the Social Security Act,

1932(a)(2)(C), the American Recovery and Reinvestment Act of 2009,

P.L. 111-5 (Feb. 17, 2009), Section 5006, the Children's Health

Insurance Program Reauthorization Act of 2009, P.L. 111-3 (Feb. 4,

2009), and the Centers for Medicare and Medicaid Services (CMS)

managed care protections, 25 C.F.R., 438.14.

C. In the event of the termination of a capitated contract with

a contracted entity during the contract duration, the Authority

shall reassign members to a remaining contracted entity with

demonstrated performance and capability. If no remaining contracted

entity is able to assume management for such members, the Authority

may select another contracted entity by application, as specified in

rules promulgated by the Oklahoma Health Care Authority Board, if

the financial, operation, and performance requirements can be met,

at the discretion of the Authority.
Okla. Stat. tit. 56, § 56-1011.4 — OK Code / Title 56 / Section 56-1011.4
Database of clinical utilization information - Needs
Status: in_force

analysis - Electronic prescribing pilot program.

A. The Oklahoma Health Care Authority shall conduct a needs

analysis to design a database of clinical utilization information or

electronic medical records for Medicaid providers. This system

shall be web-based and allow providers to review on a real-time

basis the utilization of Medicaid services including, but not

limited to, office visits, inpatient and outpatient

hospitalizations, laboratory and pathology services, radiological

and other imaging services, dental care, and patterns of dispensing

prescription drugs in order to coordinate care and identify

potential fraud and abuse. The Oklahoma Health Care Authority shall

evaluate and report findings to the Governor and the Legislature by

January 1, 2008.

B. The Oklahoma Health Care Authority shall design and

implement an electronic prescribing pilot program. The pilot

program may include, but is not limited to, providing hardware,

software, and connectivity for a limited number of prescribers. The

prescribers who participate may be given vouchers for hardware,

software, and connectivity, or the Oklahoma Health Care Authority

may use direct vendor contracts. The Oklahoma Health Care Authority

shall:

1. Within the messaging capabilities of the electronic

prescribing system alert prescribers when patients are prescribed

multiple drugs that may be duplicative, contraindicated, or have

other potential problems related either to other medications or

health status of the patient;

2. Track spending trends for prescription drugs and deviation

from best-practice guidelines and notify prescribers who

consistently fall outside those guidelines, comparing those

prescribers who are using the electronic prescribing system to those

Oklahoma Statutes - Title 56. Poor Persons Page 232

who are not in order to determine whether the pilot program should

be expanded; and

3. In conjunction with disease management programs or other

targeted interventions, alert prescribers to patients who fail to

refill ongoing or maintenance medication prescriptions in a timely

fashion.

C. A report of this pilot program shall be submitted to the

Governor and the Legislature no later than eighteen (18) months

after the start of the program.
Okla. Stat. tit. 56, § 56-230.72 — OK Code / Title 56 / Section 56-230.72
Medicaid assistance
Status: in_force

The Department of Human Services and the Oklahoma Health Care

Authority shall jointly establish eligibility criteria which ensure

that recipients of assistance pursuant to the federal Temporary

Assistance to Needy Families Program (TANF), who become employed or

who are at risk of losing Medicaid because of earned income

disregards or other excluded resources pursuant to the

Statewide Temporary Assistance Responsibility System (STARS), will

continue to receive Medicaid assistance as otherwise specified by

state or federal law.
Okla. Stat. tit. 56, § 56-182 — OK Code / Title 56 / Section 56-182
Charging fees for representing applicant prohibited
Status: in_force

It shall be unlawful for any person to charge or receive any fee

for representing an applicant for or recipient of assistance under

the provisions of this act, except as to criminal proceedings

brought against an applicant or recipient under the penal provisions

of this act, with respect to any application or proceedings before

the Department or the Commission, whether such fee or charge be paid

by the applicant or recipient or any other person.

Added by State Question No. 226, Initiative Petition No. 155, § 23,

adopted July 7, 1936. Amended by Laws 1939, p. 92, § 15, emerg.

eff. May 9, 1939.
Okla. Stat. tit. 56, § 56-3001 — OK Code / Title 56 / Section 56-3001
Short title - Purpose - Joint implementation by state
Status: in_force

agencies.

Oklahoma Statutes - Title 56. Poor Persons Page 275

A. Sections 1 through 3 of this act shall be known and may be

cited as the "Coordination of Services for Older Oklahomans Act".

B. The purpose of the Coordination of Services for Older

Oklahomans Act is to establish a coordinated system for the delivery

of information, referral and follow-up services to older Oklahomans

through a process of joint public and private agency planning and

collaboration.

C. The system is to be implemented through interagency

agreements and will utilize a shared, computerized data base in

order to reduce duplication and improve efficiency in the delivery

of such services. The data base is to be jointly developed,

implemented and utilized by the public agencies responsible for

information, referral and follow-up services to older Oklahomans and

private agencies that provide such services pursuant to a contract

with a state agency.
Okla. Stat. tit. 56, § 56-343 — OK Code / Title 56 / Section 56-343
Basic medical services programs at schools for persons
Status: in_force

with intellectual disabilities.

The Department of Human Services and the University Hospitals

Authority shall enter into cooperative agreements between the

University Hospitals Authority and the state schools for individuals

with intellectual disabilities in the development of basic medical

services programs at the schools for individuals with intellectual

disabilities; provided, that the University Hospitals Authority

shall not have the responsibility for implementing such programs or

for providing medical services at the schools for individuals with

intellectual disabilities.
Okla. Stat. tit. 56, § 56-193 — OK Code / Title 56 / Section 56-193
Release of liens - Filing
Status: in_force

The Director of the State Department of Public Welfare is hereby

authorized to execute a written release, in such form as may be

required to meet the recording laws of the State of Oklahoma, of any

liens now held or which may be obtained, as provided by law, when

such liens have been paid or otherwise satisfied, as provided by law

and in accordance with the rules and regulations of the Oklahoma

Public Welfare Commission. Any such releases shall be filed and

indexed in the Mechanic's Lien Docket, where such lien is required

to be filed, in the office of the court clerk in the county where

the property involved is located.
Okla. Stat. tit. 56, § 56-249 — OK Code / Title 56 / Section 56-249
Sharing of information if fraud suspected
Status: in_force

The Oklahoma Health Care Authority shall provide information

obtained under Sections 1 through 3 of the HOPE Act to the Medicaid

fraud control unit of the Office of the Attorney General for cases

of suspected Medicaid fraud.
Okla. Stat. tit. 56, § 56-1011.7 — OK Code / Title 56 / Section 56-1011.7
Plan to implement alternatives for long-term care
Status: in_force

The Oklahoma Health Care Authority shall develop and administer

a plan for the implementation of alternatives for long-term care.

The plan shall include, but not be limited to:

1. The continued development and funding of community-based

options throughout the State of Oklahoma;

2. The establishment of a cash and counseling program that

focuses on increasing personal responsibility, efficiency in

utilization, and consumer satisfaction. The program shall include:

a. provisions ensuring that existing benefits shall not

be terminated or decreased as a result of the

development of the cash and counseling program,

b. provisions ensuring that consumers receive a monthly

budget based on the needs of that individual,

c. authority for consumers to use the budget to obtain

personal care services and make home modifications to

suit the needs of the individual, and

d. counselors available to work with consumers to develop

and revise individual budgets;

3. The establishment of a program providing for state

incentives to Oklahoma citizens for long-term care planning; and

4. Stronger private/public partnerships at the community level

in order to address unmet patient needs.
Okla. Stat. tit. 56, § 56-1010.13 — OK Code / Title 56 / Section 56-1010.13
Representatives of incompetent Medicaid beneficiaries
Status: in_force

A Medicaid beneficiary, including, but not limited to, a

beneficiary currently enrolled in a fully or partially capitated

managed care delivery model pursuant to the provisions of the

Oklahoma Medicaid Healthcare Options System, who is not medically or

legally competent may have another person act on the beneficiary’s

behalf for purposes of enrollment or reenrollment into any of the

managed care delivery models. A person so authorized shall be a

member of one of the following classes of persons:

1. An authorized representative pursuant to the provisions of

20 U.S. Code of Federal Regulations, Section 404.2021;

2. The beneficiary’s spouse;

3. The guardian of the person appointed pursuant to the

Oklahoma Guardianship and Conservatorship Act;

4. The attorney-in-fact for health care decisions acting

pursuant to the provisions of the Uniform Durable Power of Attorney

Act or the health care proxy acting pursuant to the provisions of

the Oklahoma Rights of the Terminally Ill or Persistently

Unconscious Act;

5. A child of the beneficiary who is at least eighteen (18)

years of age;

6. A parent of the beneficiary; or

Oklahoma Statutes - Title 56. Poor Persons Page 226

7. A brother or sister of the beneficiary who is at least

eighteen (18) years of age.
Okla. Stat. tit. 56, § 56-171 — OK Code / Title 56 / Section 56-171
Disclosure of property and income - Overpayments or
Status: in_force

payments resulting from misrepresentation or concealment - Notice of

sale or encumbrance.

Any applicant for assistance under this act shall set forth upon

the form prescribed by the Department of Human Services all his real

and personal property and income from whatever sources. If the

recipient of assistance under this act thereafter becomes possessed

of real property, or if such recipient comes into possession of

personal property or money in excess of that given in the

application for assistance and in such amount as would materially

affect his right to assistance, it shall be the duty of the

recipient immediately to notify the Department of the receipt and

possession of such property, real or personal, or money. Provided,

however, when assistance grants available are insufficient to meet

the needs of a recipient as determined by the Department, such

recipient may earn or receive the difference between such assistance

grant and the budgetary needs of the recipient subject to

availability of funds appropriated for this purpose. If any

recipient receives overpayment of assistance under this act, or

receives assistance while ineligible therefor under this act,

through misrepresentation or concealment of material facts, either

in his original application or thereafter, materially affecting the

amount of assistance, the Department may, upon investigation, either

cancel the assistance or reduce the amount thereof in accordance

with the circumstances.

If any recipient conceals any resource, either in his original

application or thereafter, which would render the recipient

ineligible for public assistance, such recipient shall be liable for

the entire amount of assistance paid during the period of

ineligibility. If, during the continuance of assistance, a

recipient comes into possession of any money or resource which does

Oklahoma Statutes - Title 56. Poor Persons Page 55

not render him completely ineligible for assistance but which, if

reported, would have reduced the amount of his assistance grant,

such recipient shall be liable for the excess paid by the Department

over the amount which the Department would have paid had the money

or resources been reported. The Department may bring an action in a

court of competent jurisdiction for the amount paid an ineligible

recipient or the amount of the overpayment, as the case may be,

unless the recipient voluntarily acknowledges the indebtedness,

voluntarily gives a lien upon his property or voluntarily makes

repayment. Providing, however, that the Department of Human

Services shall credit any recipient who has received assistance

while ineligible by reason of such fraud, misrepresentation and

concealment of facts for the time he has been held off the rolls

according to the budgetary requirements in effect during the time he

has remained off the rolls and such amount shall be deducted from

the amount found to have been received ineligibly, by means of such

fraud and misrepresentation. After the fact and amount of

indebtedness has been established by a court of competent

jurisdiction, the Department shall proceed to collect said judgment

as other judgments for money are collected and all sums recovered

under such judgments shall be paid into the State Treasury to the

credit of the Human Services Medical and Assistance Fund; provided,

however, that an action to establish the fact and amount of

overpayment under the provisions of this act must be brought within

one (1) year from the date of the discovery of the overpayment,

misrepresentation or concealment of material facts by the recipient.

Such judgment shall be a lien upon all assets, except the homestead

and exempt personal property of such recipient, while the same are

exempt from execution under the laws of the State of Oklahoma. Any

funds received through the voluntary action of the recipient shall

be paid into the State Treasury to the credit of the Human ServicesOklahoma Statutes - Title 56. Poor Persons Page 3ntation or concealment of material facts by the recipient.

Such judgment shall be a lien upon all assets, except the homestead

and exempt personal property of such recipient, while the same are

exempt from execution under the laws of the State of Oklahoma. Any

funds received through the voluntary action of the recipient shall

be paid into the State Treasury to the credit of the Human Services

Medical and Assistance Fund.

Any recipient hereunder who sells, conveys or encumbers any real

property belonging to him, or any interest therein, shall

immediately notify the Department of same, giving the legal

description of said property and nature and amount of consideration.

Failure to make the report shall be cause for forfeiture of a

recipient's right to assistance, in the discretion of the

Department.

Added by State Question No. 226, Initiative Petition No. 155, § 11,

adopted July 7, 1936. Amended by Laws 1939, p. 90, § 10, emerg.

eff. May 9, 1939; Laws 1951, p. 158, § 4, emerg. eff. June 1, 1951;
Okla. Stat. tit. 56, § 56-1005.3 — OK Code / Title 56 / Section 56-1005.3
Definitions
Status: in_force

For purposes of this act:

1. "Provider" means a provider of services for compensation;

2. "Affiliate" means an entity which licenses the use of a

trademark or other recognized name to the provider, and which

exercises control over the use of part or all of the provider's

name, or any entity so licensed or controlled; and

3. "Fetal body parts" means tissue or cells obtained from a

dead human embryo or fetus.
Okla. Stat. tit. 56, § 56-328 — OK Code / Title 56 / Section 56-328
Division of Vocational Rehabilitation - Transfer to
Status: in_force

Commission for Rehabilitation Services - Retirement system - Merit

system.

The Division of Vocational Rehabilitation of the State Board for

Vocational Education, or of the State Board of Education, including

all personnel thereof and all property and assets belonging to such

Division, is hereby transferred to the Commission for Rehabilitation

Services; and all powers, duties and responsibilities of the State

Board for Vocational Education relating to vocational rehabilitation

shall hereafter be exercised by the Commission for Rehabilitation

Services. Employees of the Division who are members of the

Teachers' Retirement System of Oklahoma and who continue as

employees of the Division after such transfer may retain their

membership in such Teachers' Retirement System. The Governor may,

by an Executive Order, place the Division and employees thereof

under the Merit System of Personnel Administration.
Okla. Stat. tit. 56, § 56-230.50 — OK Code / Title 56 / Section 56-230.50
Short title - Establishment of program - Responsibilities of Department of Human
Status: in_force

Services - Interagency collaboration - Block grant funding - Rulemaking - Federal waiverResponsibilities of Department of Human Services - Interagency

collaboration - Block grant funding - Rulemaking - Federal waiver

applications - Report to Legislature and Governor.

Oklahoma Statutes - Title 56. Poor Persons Page 97

A. Sections 230.50 through 230.73 and 241.1 through 241.3 of

this title shall be known and may be cited as the "Statewide

Temporary Assistance Responsibility System (STARS)".

B. 1. There is hereby established the Statewide Temporary

Assistance Responsibility System (STARS) which shall consist of

programs and services to be offered by the state with funds provided

by the temporary assistance for needy families block grant

authorized by Section 103 of the federal Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, P.L. 104-193, in

addition to other monies appropriated by law.

2. The STARS shall consist of integrated and coordinated

programs and services that will provide recipients with the

necessary tools to enable them to make the transition from reliance

on public assistance programs to becoming independent, self-

sufficient citizens who are capable of supporting themselves and

their families. Such programs and services include but are not

limited to: career guidance and employment preparation, job

referral, vocational and technical training, child care initiatives,

literacy development, adult basic education, and medical assistance.

3. The Oklahoma Legislature further recognizes the importance

of encouraging establishment of statewide, One-stop

Career/Employment Centers that would link existing resources and

federal and state programs for utilization by persons receiving

temporary assistance, and underemployed and unemployed persons.

C. The Department of Human Services shall be responsible for:

1. Implementing the federal Temporary Assistance for Needy

Families Act (TANF);

2. Carrying out the projects and programs specified in the

STARS. The Department shall implement the provisions of the STARS

to the fullest extent permitted by law and in accordance with the

terms and conditions specified by the federal government;

3. Expediting the acquisition of any federal waivers necessary

to implement the provisions of STARS through amendments, combined

waivers, requests and in any other such manner authorized by federal

law and regulations;

4. Working in close and continuous coordination with

appropriate federal officials and preparing and submitting

completely and in a timely manner all forms and data required by

federal officials to implement STARS; and

5. Continuing to explore and expand opportunities for the state

to pursue agreements with additional service providers including but

not limited to community colleges, technology centers and community

resources in order to provide direct referral and link recipients

with career and technology education and training programs.

D. In administering the STARS, the Department shall collaborate

with the Oklahoma Employment Security Commission, the Department of

Commerce, the State Department of Health and the State Department of

Oklahoma Statutes - Title 56. Poor Persons Page 98

Education and any other state or federal agency necessary to

implement the provisions of the STARS.

E. In submitting any state plan or amendments to the state plan

to the federal government in order to obtain a temporary assistance

for needy families block grant or child care and development block

grant, the Department shall seek the maximum block grant funding and

federal contingency fund allocations that are available pursuant to

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, P.L. 104-193.

F. The Department for Human Services shall promulgate rules for

developing any projects and programs to implement the STARS.

G. 1. The Department of Human Services is directed to file

with the Speaker of the House of Representatives and the President

Pro Tempore of the Senate a copy of any waiver application or

request for amendment or exemption filed with the federal

government, copies of correspondence to and from the federal

government explaining and elaborating upon said applications, and

final documentation of any waivers, amendments, and exemptions

granted by the federal government pursuant to the STARS.

2. On or before February 1, 1998, for the previous six-month

period, and on or before February 1 of each year, for the previous

fiscal year, the Department shall provide a written report on each

project and program specified in the STARS to the Legislature and

the Governor which identifies:

a. total number of new applications received by the

Department for TANF, food stamps and child care, and

the number of cases actually certified,

b. number of recipients who signed a personal

responsibility agreement pursuant to the TANF program,

c. number of cases closed by the Department and the

reasons for the case closures,

d. the number of persons who reapplied for benefits

pursuant to the TANF program after a case had been

closed,

e. number of recipients who completed an employability

assessment by level of education,

f. the total number of recipients who completed an

employability assessment, and the number who were

initially referred for:

(1) literacy assessment,

(2) adult basic education or remediation classes,

(3) job skills development or vocational training,

(4) employment,

(5) other,

g. of the total number of recipients assessed for

literacy skills, the number who scored:

(1) at or below 6th grade level,

Oklahoma Statutes - Title 56. Poor Persons Page 99

(2) at 7th or 8th grade level,

(3) at 9th or 10th grade level,

(4) above 10th grade level,

h. number of sanctions imposed for violations of the

provisions of the STARS or rules promulgated pursuant

thereto or any other provision of law or rule relating

to receipt of benefits by a recipient and the reasons

for imposing the sanction,

i. percentage of recipients in allowable work activities,

j. number of recipients in each allowable work activity

and the length of time spent in that activity,

k. number of recipients employed by state agencies and

contract service providers,

l. number of recipients entering the workforce by

occupation types,

m. estimated average monthly earnings for employed aid

recipients,

n. average monthly number of hours worked by recipients,

o. number of qualified aliens applying for assistance

pursuant to the STARS and number of applications

certified by the Department, and

p. such other information deemed necessary by the

Department.
Okla. Stat. tit. 56, § 56-703 — OK Code / Title 56 / Section 56-703
Credit for providing volunteer in-home service
Status: in_force

The Aging Services Division of the Department of Human Services

shall establish a program to enable persons to volunteer their time

and services to an in-home service or volunteer agency serving the

homebound which is approved by the Division and receive credit for

providing volunteer in-home service. The credit may then be drawn

upon when a volunteer or beneficiary needs such in-home services.

Types of services rendered are in-home services which enhance the

capacity of the recipient to maintain self-sufficiency and/or

improve the recipient's quality of life. No income test shall be

used to determine eligibility for service.

The Commission for Human Services shall promulgate rules

necessary for the accomplishment of the purpose of the Volunteer

Service Credit Bank Program Act.
Okla. Stat. tit. 56, § 56-26.7 — OK Code / Title 56 / Section 56-26.7
Temporary relief employment of destitute but able-bodied
Status: in_force

persons.

The Oklahoma Emergency Relief Board may provide temporary relief

employment to destitute but able-bodied persons not otherwise cared

for by the federal government, state or county agencies, public or

private charity organizations or institutions; provided, that the

Oklahoma Statutes - Title 56. Poor Persons Page 14

maximum amount paid for such employment does not exceed the maximum

amount paid to a destitute and unemployable person, and such

employment shall be granted in accordance with rules and regulations

promulgated by said Board.
Okla. Stat. tit. 56, § 56-240.23 — OK Code / Title 56 / Section 56-240.23
Orders over signature of Director
Status: in_force

A. The Division has the authority to enter orders in the

following actions over the signature of the Director and without the

necessity of obtaining an additional signature of a district or

administrative court judge:

1. To subpoena any financial or other information needed to

establish, modify, or enforce a support order and to impose

penalties for failure to respond to a subpoena; provided, that the

subpoena shall comply with the provisions of Section 2204 of Title 6

of the Oklahoma Statutes;

Oklahoma Statutes - Title 56. Poor Persons Page 169

2. In cases in which there is a support arrearage, to secure

assets by:

a. intercepting or seizing periodic or lump-sum payments

from:

(1) a state or local agency, including unemployment

compensation, workers' compensation, and other

benefits, and

(2) judgments, settlements, and lotteries,

b. attaching and seizing assets of the obligor held in

financial institutions,

c. attaching public and private retirement funds, and

d. imposing liens in accordance with Section 135 of Title

43 of the Oklahoma Statutes;

3. To increase the monthly payment of child support, for

purposes of securing overdue support, in an amount not to exceed

five percent (5%) of the total child support order. This increase

may not be made more than once every twelve (12) months. This

remedy is in addition to and not in lieu of any other remedy

provided by law or by court order;

4. If an income assignment is not ordered or in place by

operation of law for collection of support monies, the Division is

authorized to implement income withholding by sending a notice of

income assignment for support to any payor of income to the obligor;

and

5. To require both parents to appear for genetic testing in

cases where paternity has not been established or admitted. The

Division shall send notice to the putative father containing

information on how to appear and admit paternity or object to the

order for genetic testing. An objection to genetic testing shall

require the putative father to complete an affidavit contesting

paternity on a form prescribed by the Division. An order for

genetic testing under this subsection may be docketed and enforced

in the district court by indirect contempt.

B. With respect to paragraphs 2 and 3 of subsection A of this

section, at the time of the action, the Division shall send a notice

to the obligor explaining the obligor's rights to object to the

action and the procedure to have it modified or reversed.
Okla. Stat. tit. 56, § 56-243 — OK Code / Title 56 / Section 56-243
Food stamp fraud - Penalties
Status: in_force

A. No person shall:

1. Obtain;

2. Attempt to obtain;

3. Aid;

4. Abet;

5. Assist any person to obtain, by means of:

a. a false statement or representation,

b. false impersonation,

c. a fictitious transfer, conveyance or encumbrance of

property or income,

Oklahoma Statutes - Title 56. Poor Persons Page 174

d. knowing and willful failure to report to the

Department of Human Services:

(1) income,

(2) personal property,

(3) real property,

(4) household members, or

(5) other eligibility factors,

at the time of application or during a period of

receipt of assistance, or

e. any other fraudulent device:

(1) food stamps or coupons, or any benefit or debit

card or any other device authorizing

participation in the food stamp program, to which

such applicant for food stamps or coupons, or any

benefit or debit card or any other device

authorizing participation in the food stamp

program is not entitled, or

(2) a greater amount of food stamps or coupons, or a

greater number of benefit or debit cards or any

other device authorizing participation in the

food stamp program than that amount or number

which such applicant for food stamps or coupons,

or any benefit or debit card or any other device

authorizing participation in the food stamp

program is justly entitled to;

6. Acquire, possess, use or transfer food stamps or coupons, or

any benefit or debit card or any other device authorizing

participation in the food stamp program that has been issued to

another person, except as authorized by this act and the rules of

the Department of Human Services;

7. Acquire or transfer food stamps or coupons, or any benefit

or debit card or any other device authorizing participation in the

food stamp program, except in exchange for food or food products for

human consumption. For purposes of this paragraph, the phrase "food

or food products for human consumption" shall not be construed as

including alcoholic beverages, tobacco, beer, or imported foods; or

8. Transfer any food stamps or coupons, or any benefit or debit

card or any other device authorizing participation in the food stamp

program, to a person who is not authorized by this act and rules of

the Department of Human Services to acquire, possess, or use the

transferred food stamps or coupons, or any benefit or debit card or

any other device authorizing participation in the food stamp

program.

B. 1. Any person, firm or corporation who violates any of the

provisions of this section shall be guilty of a:

a. misdemeanor, if the aggregate amount of food stamps or

coupons, or the aggregate value of any benefit or

Oklahoma Statutes - Title 56. Poor Persons Page 175

debit card or any other device authorizing

participation in the food stamp program obtained or

transferred is Five Hundred Dollars ($500.00) or less,

and, upon conviction thereof, shall be punishable by a

fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail for not more

than three (3) months, or by both such fine and

imprisonment, in the discretion of the court, or

b. Class D3 felony offense, if the aggregate amount of

food stamps or coupons, or the aggregate value of any

benefit card or debit card or any other device

authorizing participation in the food stamp program

obtained or transferred is in excess of Five Hundred

Dollars ($500.00), and, upon conviction thereof, shall

be punishable by a fine of not more than Five Thousand

Dollars ($5,000.00), or by imprisonment as provided

for in subsections B through F of Section 20P of Title

21 of the Oklahoma Statutes, or by both such fine and

imprisonment, in the discretion of the court.

2. Any store which allows purchases of prohibited items shall

not be allowed to participate in the program.

3. Any person, firm or corporation who knowingly traffics in

food stamps or coupons of an aggregate value of One Hundred Dollars

($100.00) or less, or any benefit or debit card or any other device

authorizing participation in the food stamp program with an

aggregate value of One Hundred Dollars ($100.00) or less, shall,

upon conviction, be guilty of a misdemeanor, punishable by a fine of

not more than Five Hundred Dollars ($500.00), by imprisonment in the

county jail for not more than three (3) months, or by both such fine

and imprisonment, in the discretion of the court.

4. Any person, firm or corporation who knowingly traffics in

food stamps or coupons of an aggregate value exceeding One Hundred

Dollars ($100.00), or any benefit or debit card or any other device

authorizing participation in the food stamp program with an

aggregate value exceeding One Hundred Dollars ($100.00), shall, upon

conviction, be guilty of a Class D3 felony offense, punishable by a

fine of not more than Five Thousand Dollars ($5,000.00), by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment, in the discretion of the court.

5. Any district attorney who enters into a deferred

adjudication or who negotiates for a deferred sentence with a

defendant charged with a violation of the provisions of this section

shall present the defendant with a disqualification consent

agreement as part of the deferred adjudication or sentence.

C. As used in this section, "to traffic or trafficking in food

stamps" means:

Oklahoma Statutes - Title 56. Poor Persons Page 176

1. The buying, selling, stealing, or otherwise effecting an

exchange of food stamp benefits issued and accessed via electronic

benefit transfer cards, benefit or debit cards, card numbers and

personal identification numbers, or by manual voucher and signature,

for cash or consideration other than eligible food, either directly,

indirectly, in complicity or collusion with others, or acting alone;

2. The exchange of firearms, ammunition, explosives, or

controlled substances, as defined in Section 802 of Title 21 of the

United States Code, for food stamp benefits or food stamp electronic

benefit transfer cards, benefit or debit cards;

3. The possession of stolen food stamp electronic benefit

transfer cards, benefit or debit cards;

4. Purchasing a product with food stamp benefits that has a

container requiring a return deposit with the intent of obtaining

cash by discarding the product and returning the container for the

deposit amount, intentionally discarding the product, and

intentionally returning the container for the deposit amount;

5. Purchasing a product with food stamp benefits with the

intent of obtaining cash or consideration other than eligible food

by reselling the product, and subsequently intentionally reselling

the product purchased with food stamp benefits in exchange for cash

or consideration other than eligible food; or

6. Intentionally purchasing products originally purchased with

food stamp benefits in exchange for cash or consideration other than

eligible food.
Okla. Stat. tit. 56, § 56-1030.1 — OK Code / Title 56 / Section 56-1030.1
Petition
Status: in_force

A. The Department of Human Services may, upon its own

initiative or at the request of an owner, operator or resident of

any agency providing residential services to individuals with

intellectual disabilities, or at the request of a resident's

guardian or relative, petition the court to appoint a receiver to

take possession of and operate an agency providing residential

services, except a facility subject to the provisions of the Nursing

Home Care Act. When requested to file a petition, the Department of

Human Services shall determine if proper cause exists, and shall

take whatever steps are necessary to protect the health, welfare and

safety of residents including, if necessary, petitioning the court

to place the agency under the control of a receiver to ensure that

the residents receive adequate care.

B. Upon the filing of a petition by the Department of Human

Services, subject to other provisions of this article, a court may

appoint a receiver to take possession of and operate an agency

licensed by or contracting with the Department of Human Services or

the Oklahoma Health Care Authority to provide community residential

supports to individuals with developmental or intellectual

disabilities when there is actual, imminent or substantial risk of

serious physical or mental harm or death to residents, and no other

remedies at law are adequate to protect the health, safety and

welfare of the residents.

C. Conditions and factors which may result in mental or

physical harm or death, or risk of harm or death, as described in

subsection B of this section include, but are not limited to,

instances when any of the following occur:

1. The residential agency has violated, or has demonstrated a

pattern and practice of repeated violations of, state or federal

law, rule or regulation which affect health and safety;

2. The residential agency is in the process of terminating

services or intends to cease operations, and arrangements for

relocating residents are dangerously inadequate; or

3. The residential agency is insolvent as defined in subsection

C of Section 1030.2 of this title, and a receivership is necessary

to protect the health and safety of the residents.

D. Petitions filed pursuant to this section shall include the

following:

1. A description of the specific conditions, conduct, or

occurrences existing at the agency which have resulted in serious

physical or mental harm or death or which present a substantial risk

of serious physical or mental harm or death to residents;

2. A statement explaining why other remedies of law are

inadequate;

Oklahoma Statutes - Title 56. Poor Persons Page 264

3. The number of individuals receiving residential services

from the agency who have been seriously harmed or died, or are at

substantial risk of such harm or death;

4. A statement that the facts have been brought to the

attention of the owner or administrator and that conditions have not

been remedied within a reasonable period of time or that the

conditions, though remedied periodically, habitually exist at the

agency as a pattern or practice;

5. The name and address of the persons holding a contract for

the agency or serving as the duly authorized agent of the contract

and the address of a designated representative for the Director of

the Department of Human Services and the Administrator of the

Oklahoma Health Care Authority; and

6. A listing of any other reasons that may apply as set forth

in this subsection.

E. No party, attorney, or person interested in an action shall

be appointed a receiver pursuant to this section. To assist the

court in identifying persons qualified to be named as receivers, the

Director of the Department of Human Services or the Director's

designee shall maintain a list of the names of such persons that the

court may consider.

F. The court may award to a residential agency appropriate

costs and expenses, including reasonable attorney fees, if the court

determines that a petitioner has initiated a proceeding in bad faith

or merely for the purpose of harassing or embarrassing the

residential agency.
Okla. Stat. tit. 56, § 56-113 — OK Code / Title 56 / Section 56-113
Public donations
Status: in_force

Said board of county commissioners shall be permitted to accept

public donations in aid of the construction, upkeep and maintenance

of said buildings and support of patients therein.
Okla. Stat. tit. 56, § 56-240.22C — OK Code / Title 56 / Section 56-240.22C
Financial institution data match reporting system -
Status: in_force

Unauthorized disclosure of information by state employee or agent.

No employee or agent of this state shall divulge any information

referred to in this act, except in the manner herein prescribed to

any public or private agency or individual. Information may be

disclosed and shared by and between any employee of an administering

agency and any other state or federal agency as necessary in the

collection of child support. Unauthorized disclosure of any such

information shall, upon conviction, be a misdemeanor punishable by a

fine of One Thousand Dollars ($1,000.00) per offense. Such

unauthorized release of information shall also be cause for

administrative discipline of any employee who engages in such

unauthorized release.
Okla. Stat. tit. 56, § 56-1005.1 — OK Code / Title 56 / Section 56-1005.1
Definitions – Fraudulent receipt of assistance
Status: in_force

A. As used in this section:

1. “Administrative sanction” means the court may enter an order

making an individual who violates a provision of this section

ineligible for assistance for a specified period of time. Such

order shall be communicated to the Oklahoma Health Care Authority

Legal Division; and

Oklahoma Statutes - Title 56. Poor Persons Page 214

2. “Insure Oklahoma” means the program administered by the

Oklahoma Health Care Authority pursuant to Sections 1010.1 through

1010.13 of Title 56 of the Oklahoma Statutes.

B. Any individual who:

1. Obtains or attempts to obtain, or aids, abets or assists any

individual to obtain, by means of a false statement or

representation, or by false impersonation, or by a fictitious

transfer, conveyance or encumbrance of property or income, or by a

knowing and willful failure to report to the Department of Human

Services or the Oklahoma Health Care Authority income, personal

property, real property, household members, or other material

eligibility factors at the time of application or during the receipt

of assistance, or by other fraudulent device, assistance to which an

applicant is not entitled or assistance greater than that to which

an applicant is justly entitled shall be guilty of a misdemeanor or

a felony;

2. By sale, barter, purchase, theft, acquisition, possession or

use of any medical identification card or any other device

authorizing participation in the Oklahoma Medicaid Program,

knowingly obtains, aids, abets or assists any individual to obtain

or attempt to obtain assistance to which an individual is not

entitled shall be guilty of a misdemeanor or a felony; or

3. Attempts to obtain Medicaid or Insure Oklahoma benefits by

omitting income, personal property, household members, or other

material eligibility factors shall, upon conviction, be guilty of a

misdemeanor punishable by either a fine of three times the amount of

assistance, or up to three (3) months in the county jail. In

addition, the individual may also be punished by an administrative

sanction regarding Medicaid benefits. The court shall have

discretion in determining penalties.

C. If the acts in either paragraph 1 or 2 of subsection B of

this section or both paragraphs 1 and 2 of subsection B of this

section cause the Oklahoma Health Care Authority to determine that

an individual or family is eligible for Medicaid or the Insure

Oklahoma program and the aggregate amount of assistance paid on

behalf of the individual or individuals is less than Five Thousand

Dollars ($5,000.00), the penalty, upon conviction, shall be a

misdemeanor punishable by fine or imprisonment, or both a fine and

imprisonment for three (3) months or an administrative sanction

regarding Medicaid benefits in the discretion of the court. If the

acts in paragraph 1 or 2 of subsection B of this section or both

paragraphs 1 and 2 of subsection B of this section cause the

Oklahoma Health Care Authority to determine an individual or family

eligible for Medicaid or the Insure Oklahoma program and the

aggregate amount of assistance paid on behalf of the individual or

individuals is equal to or greater than Five Thousand Dollars

($5,000.00), the penalty, upon conviction, shall be a Class D1

Oklahoma Statutes - Title 56. Poor Persons Page 215

felony offense punishable by fine or imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or both a fine and imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or an administrative sanction regarding Medicaid benefits

in the discretion of the court.
Okla. Stat. tit. 56, § 56-256 — OK Code / Title 56 / Section 56-256
Individual development account (IDA) - Matching funds
Status: in_force

A. An individual who is a resident of this state may submit an

application to open an individual development account to a fiduciary

organization approved by the Department of Human Services pursuant

to the provisions of Section 5 of this act. Such application shall

be made upon a form prescribed by the Department. The fiduciary

organization shall approve the application only if the individual

has gross household income from all sources for the calendar year

Oklahoma Statutes - Title 56. Poor Persons Page 187

preceding the year in which the application is made which does not

exceed two hundred percent (200%) of the federal poverty level.

B. An individual opening an IDA shall be required to enter into

an IDA agreement with the fiduciary organization. Not more than one

individual from a single household may open an IDA.

C. The fiduciary organization shall be responsible for

coordinating arrangements between the individual and a financial

institution to open the individual's IDA.

D. Each fiduciary organization shall provide written

notification to each of its eligible IDA account holders of the

amount of matching funds provided by the Department pursuant to the

provisions of subsection C of Section 5 of this act to which each

such IDA account holder is entitled. Such notification shall be

made at such intervals as the fiduciary organization deems

appropriate, but shall be required to be made at least once each

calendar year. The amount of such matching funds for each IDA

account holder shall be as follows:

1. For an IDA account holder who had gross household income

from all sources for the preceding calendar year less than or equal

to one hundred percent (100%) of the federal poverty level, One

Dollar ($1.00) for each dollar contributed to the IDA by the IDA

account holder during the preceding calendar year. The amount of

such matching funds shall not exceed Five Hundred Dollars ($500.00)

per IDA account holder per year;

2. For an IDA account holder who had gross household income

from all sources for the preceding calendar year of more than one

hundred percent (100%) of the federal poverty level but less than or

equal to one hundred fifty percent (150%) of the federal poverty

level, seventy-five cents ($0.75) for each dollar contributed to the

IDA by the IDA account holder during the preceding calendar year.

The amount of such matching funds shall not exceed Five Hundred

Dollars ($500.00) per IDA account holder per year; and

3. For an IDA account holder who had gross household income

from all sources for the preceding calendar year of more than one

hundred fifty percent (150%) of the federal poverty level but less

than or equal to two hundred percent (200%) of the federal poverty

level, fifty cents ($0.50) for each dollar contributed to the IDA by

the IDA account holder during the preceding calendar year. The

amount of such matching funds shall not exceed Five Hundred Dollars

($500.00) per IDA account holder per year.

If the amount provided by the Department pursuant to the

provisions of subsection C of Section 5 of this act is insufficient

to disburse the maximum amounts specified in this subsection,

amounts of disbursements shall be reduced proportionally based upon

available funds. If the amount provided by the Department pursuant

to the provisions of subsection C of Section 5 of this act is in

excess of the amount required to disburse the maximum amounts

Oklahoma Statutes - Title 56. Poor Persons Page 188

specified in this subsection, such excess funds shall be returned to

the Department and deposited to the Individual Development Account

Revolving Fund created pursuant to the provisions of Section 10 of

this act.

Nothing in this subsection shall be construed to prohibit or

limit a fiduciary organization from providing matching funds from

sources other than the Department to its IDA account holder on such

terms and under such conditions as it deems appropriate.

E. If an IDA account holder has gross household income from all

sources for a calendar year which exceeds two hundred percent (200%)

of the federal poverty level, the IDA account holder shall not be

eligible to receive funds pursuant to the provisions of subsection D

of this section in the following year.
Okla. Stat. tit. 56, § 56-238.6 — OK Code / Title 56 / Section 56-238.6
Administrative procedures - Use
Status: in_force

The Department of Human Services may utilize any of the

administrative procedures set forth in this title to establish,

modify, or enforce a support order in all cases in which child

support services are being provided pursuant to the state child

support plan or state law.
Okla. Stat. tit. 56, § 56-26.16 — OK Code / Title 56 / Section 56-26.16
Rules and regulations - Payments
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 16

The Director of Human Services, subject to the approval of the

Oklahoma Commission for Human Services, is hereby authorized and

directed to promulgate rules and regulations establishing policies

with reference to eligibility of applicants for general assistance

and emergency relief and the maximum sums that may be allocated to

those persons having met the minimum requirements and declared as

eligible for participation in accordance with the provisions of this

act, subject to the availability of funds. Provided that the

minimum payment shall not be less than Ten Dollars ($10.00) and the

maximum payment shall not be more than the standard for aid to

families with dependent children.
Okla. Stat. tit. 56, § 56-93 — OK Code / Title 56 / Section 56-93
Contents of proclamation
Status: in_force

The proclamation calling for said election shall name the amount

of bonds to be issued, the time said bonds shall run, the interest

said bonds shall bear, and the time for holding the election.
Okla. Stat. tit. 56, § 56-607 — OK Code / Title 56 / Section 56-607
Termination of assistance
Status: in_force

The family support assistance shall terminate if any of the

following occurs:

1. The family member dies;

2. The family no longer meets the eligibility criteria

referenced in Section 4 of this act;

3. The family member no longer meets the eligibility criteria

referenced in Section 4 of this act; and

4. A report required by Section 6 of this act is not timely

made or is determined to be false.
Okla. Stat. tit. 56, § 56-166.1 — OK Code / Title 56 / Section 56-166.1
Application for assistance resulting from birth of
Status: in_force

child.

Any person who makes application with the Department of Human

Services for medical assistance resulting from the birth of any

child shall provide the name of the person or persons legally

responsible for the support of such child prior to receipt of any

such medical assistance.
Okla. Stat. tit. 56, § 56-240.24 — OK Code / Title 56 / Section 56-240.24
Delinquent or missing parent "Most Wanted" list
Status: in_force

A. The Department of Human Services may release a delinquent or

missing parent “Most Wanted” type list of individuals who are in

arrears in their district or administrative court-ordered child

support obligations or who are sought for the purpose of

establishing a child support order. The list may include the

Oklahoma Statutes - Title 56. Poor Persons Page 170

individual’s name, photograph, last known address, and amount of any

child support arrearage.

B. The list may be published in any available media, form or

format including, but not limited to, the internet.

C. A disclosure made by the Department in a good faith effort

to comply with this section may not be considered a violation of any

confidentiality laws.

D. The Department shall promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 56, § 56-163 — OK Code / Title 56 / Section 56-163
County boards - Appointment - Duties
Status: in_force

The Commission may appoint in each county a county board

consisting of either three, five, or seven members, the majority of

whom shall constitute a quorum. These members shall serve without

salary at the pleasure of the Commission. No candidate for office

nor any elective officer shall serve as a member of the county

board. Members of the Legislature and any elective official of the

State of Oklahoma shall be disqualified to recommend for appointment

any member of the county board.

It shall be the duty of the county departments to:

(a) Administer the provision of this act within their respective

counties, subject to the rules and regulations prescribed by the

Commission pursuant to the provisions of this act;

(b) Report to the Commission at such times and in such manner

and form as the Commission may from time to time direct.

Added by State Question No. 226, Initiative Petition No. 155, § 3,

adopted July 7, 1936. Amended by Laws 1939, p. 87, § 3, emerg. eff.

May 9, 1939; Laws 1947, p. 342, § 1, emerg. eff. May 23, 1947.
Okla. Stat. tit. 56, § 56-27.7 — OK Code / Title 56 / Section 56-27.7
Nature of work - Effect on regular workers
Status: in_force

The work performed on a community work and training program by a

recipient of public assistance must serve a useful public purpose,

must not displace regular workers or result in the performance by

such persons of work that would otherwise be performed by employees

of public or private agencies, institutions or organizations except

in case of projects which are of emergency or are nonrecurring.
Okla. Stat. tit. 56, § 56-310 — OK Code / Title 56 / Section 56-310
Renumbered as § 1414 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-4002.14 — OK Code / Title 56 / Section 56-4002.14
Uniform defined measures and goals - Provider quality
Status: in_force

metrics.

A. The transformed delivery system of the state Medicaid

program and capitated contracts awarded under the transformed

delivery system shall be designed with uniform defined measures and

goals that are consistent across contracted entities including, but

not limited to, adjusted health outcomes, social determinants of

health, quality of care, member satisfaction, provider satisfaction,

access to care, network adequacy, and cost.

B. Prior to implementation of the transformed Medicaid delivery

system, each contracted entity shall use nationally recognized,

standardized provider quality metrics as established by the Oklahoma

Health Care Authority and, where applicable, may use additional

quality metrics if the measures are mutually agreed upon by the

Authority, the contracted entity, and participating providers. The

Authority shall develop processes for determining quality metrics

and cascading quality metrics from contracted entities to

subcontractors and providers.

Oklahoma Statutes - Title 56. Poor Persons Page 321

C. The Authority may use consultants, organizations, or

measures used by health plans, the federal government, or other

states to develop effective measures for outcomes and quality

including, but not limited to, the National Committee for Quality

Assurance (NCQA) or the Healthcare Effectiveness Data and

Information Set (HEDIS) established by NCQA, the Physician

Consortium for Performance Improvement (PCPI) or any measures

developed by PCPI.

D. Each component of the quality metrics established by the

Authority shall be subject to specific accountability measures

including, but not limited to, penalties for noncompliance.
Okla. Stat. tit. 56, § 56-3021 — OK Code / Title 56 / Section 56-3021
Oklahoma 2-1-1 Collaborative - Duties and
Status: in_force

responsibilities.

A. Beginning on January 1, 2011, the Oklahoma 2-1-1 Advisory

Collaborative shall be renamed the 2-1-1 Oklahoma Coordinating

Council. Beginning on July 1, 2021, the 2-1-1 Oklahoma Coordinating

Council shall be renamed the Oklahoma 2-1-1 Collaborative. The

Oklahoma 2-1-1 Collaborative is hereby designated as the state lead

entity of all 2-1-1 call centers in this state.

B. The Oklahoma 2-1-1 Collaborative shall have the following

duties and responsibilities:

1. Develop and maintain a statewide coordinated approach for

the promotion of a 2-1-1 system;

2. Develop and maintain an integrated statewide 2-1-1 service

that avoids overlap of 2-1-1 call centers in the state;

3. Certify information and referral providers who wish to

become 2-1-1 call centers;

4. Develop and maintain certification standards for providers

that operate as a 2-1-1 call center in the state in compliance with

the Alliance for Information and Referral Systems;

5. Assure that each 2-1-1 call center is accountable and

maintains compliance with Corporation Commission standards;

6. Develop and maintain a process for 2-1-1 call center

accountability and compliance with state and national standards for

any contractual obligations;

7. Provide leadership and coordination for 2-1-1 call centers

as it relates to large-scale emergencies and homeland security

needs;

8. Develop and implement a statewide, outcome-driven strategic

plan for 2-1-1 Oklahoma;

9. Advocate for funding to support and sustain 2-1-1 system

delivery;

10. Coordinate with national, state and local partners in the

provision of 2-1-1 services;

Oklahoma Statutes - Title 56. Poor Persons Page 281

11. Collaborate with such entities as may be required and to

the extent required under federal law or to receive federal funding;

12. Provide funding formula recommendations to the

administering entity responsible for the allocation of state and

federal funds appropriated for 2-1-1 Oklahoma; and

13. Submit an annual report no later than September 1 of each

year to the cabinet Secretary for the cabinet area consisting of the

Department of Human Services, of the services rendered in the past

fiscal year by the 2-1-1 system. The report may also include

recommendations of the Oklahoma 2-1-1 Collaborative.

C. 1. The membership of the Oklahoma 2-1-1 Collaborative shall

be comprised of fifteen (15) members, five of whom shall be public

sector representatives and ten of whom shall be private sector

representatives. The initial members shall be selected by the

current 2-1-1 call centers in this state as of the effective date of

this act. Vacancies that occur after the selection of the initial

members shall be filled by the Oklahoma 2-1-1 Collaborative.

2. The Oklahoma 2-1-1 Collaborative shall meet not less than

two times per year for the purpose of reviewing and carrying out its

duties and responsibilities.

3. The members of the Oklahoma 2-1-1 Collaborative shall adopt

by-laws governing its operations including terms of office, the

conduct of meetings and such other functions as the Oklahoma 2-1-1

Collaborative deems necessary to carry out its duties and

responsibilities.

4. Members shall serve without compensation or reimbursement

for expenses; provided, that members who are public officers may be

reimbursed for necessary expenses as provided by law.

D. If federal funding related to 2-1-1 services becomes

available to the state, the state may comply with any requirements

necessary to make application for and receive such federal funding.
Okla. Stat. tit. 56, § 56-230.69 — OK Code / Title 56 / Section 56-230.69
Child care resource and referral centers
Status: in_force

A. The Department of Human Services shall, as funds become

available, work with local communities to establish a statewide

system of child care resource and referral centers.

B. The child care resource and referral centers shall be

responsible for:

1. Providing consumer education;

2. Maintaining child care databases and linking working

families to relevant services available in their communities;

3. Developing child care supply and demand reports;

4. Fostering partnerships between Head Start programs,

churches, schools, government and nonprofit agencies;

5. Providing information and technical assistance to

individuals and groups wishing to develop or expand child care

services;

6. Coordinating training programs and informing child care

providers about available training; and

7. Working with the Department of Human Services on licensing

and regulatory issues.
Okla. Stat. tit. 56, § 56-254 — OK Code / Title 56 / Section 56-254
Definitions
Status: in_force

As used in this act:

1. "Department" means the Department of Human Services;

2. "Eligible educational institution" means the following:

a. an institution described in 20 U.S.C., Section

1088(a)(1) or 1141(a), as such sections are in effect

on November 1, 1998, and

Oklahoma Statutes - Title 56. Poor Persons Page 184

b. an area vocational education school, as defined in 20

U.S.C., Section 2471(4), subparagraph (C) or (D), as

such section is in effect on November 1, 1998;

3. "Federal poverty level" means the poverty income guidelines

published for a calendar year by the United States Department of

Health and Human Services;

4. "Fiduciary organization" means the organization that will

serve as an intermediary between an individual account holder and a

financial institution holding account funds. Fiduciary

organizations may include:

a. not-for-profit organizations described in Section

501(c)(3) of the Internal Revenue Code of 1986, 26

U.S.C., Section 501(c)(3),

b. state or local government agencies submitting an

application jointly with another entity described in

this paragraph,

c. community development financial institutions as

defined pursuant to federal law,

d. for-profit financial institutions and community

development corporations,

e. credit unions, or

f. partnerships involving any of the above;

5. "Financial institution" means an organization authorized to

do business under state or federal laws relating to financial

institutions, and includes but is not limited to a bank, trust

company, savings bank, building and loan association, savings and

loan company or association, or credit union;

6. "Individual development account" or "IDA" means an account

created pursuant to this act exclusively for the purpose of paying

the expenses of an eligible individual or family for the purposes

set forth in Section 7 of this act;

7. "Operating costs" includes, but is not limited to,

administrative costs and costs of training IDA participants in

economic and financial literacy and IDA uses;

8. "Postsecondary educational expenses" means:

a. tuition and fees required for the enrollment or

attendance of an IDA account holder or immediate

family member thereof who is a student at an eligible

educational institution, and

b. fees, books, supplies, and equipment required for

courses of instruction for an IDA account holder or

immediate family member thereof who is a student at an

eligible educational institution;

9. "Qualified acquisition costs" means the costs of acquiring,

constructing, or reconstructing a residence to be occupied by an IDA

account holder or an immediate family member thereof, including, but

Oklahoma Statutes - Title 56. Poor Persons Page 185

not limited to, any usual or reasonable settlement, financing, or

other closing costs;

10. "Qualified business" means any business that does not

contravene any law or public policy;

11. "Qualified business capitalization expenses" means

qualified expenditures for the capitalization of a qualified

business pursuant to a qualified plan;

12. "Qualified expenditures" means expenditures included in a

qualified plan, including but not limited to capital, plant,

equipment, working capital, and inventory expenses;

13. "Qualified plan" means a plan for the operation of a

business by an IDA account holder or an immediate family member

thereof which:

a. is approved by a financial institution, or by a

nonprofit microenterprise program having demonstrated

business expertise,

b. includes a description of services or goods to be

sold, a marketing plan, and projected financial

statements,

c. may require the eligible individual to obtain the

assistance of an experienced entrepreneurial advisor,

and

d. is approved by the Department of Human Services; and

14. "Qualified principal residence" means a principal residence

within the meaning of Section 1034 of the Internal Revenue Code of

1986, 26 U.S.C., Section 1034, of an IDA account holder or an

immediate family member thereof, the qualified acquisition costs of

which do not exceed the average area purchase price applicable to

such residence, determined in accordance with paragraphs (2) and (3)

of Section 143(e) of the Internal Revenue Code, 26 U.S.C., Section

143(e)(2) and (3).
Okla. Stat. tit. 56, § 56-702 — OK Code / Title 56 / Section 56-702
Definitions
Status: in_force

As used in the Volunteer Service Credit Bank Program Act:

1. "Recipient" means a person eligible to receive services

whether as a full participant or beneficiary;

2. "Full participant" means a person who is registered by a

sponsoring organization to provide services and who receives service

credits;

3. "Beneficiary" means a person who acts solely as a recipient

and who is made eligible through the transfer of service credits

from a donor or sponsor;

4. "Volunteer" means a person who is registered by a sponsoring

organization to perform designated tasks for full participants and

beneficiaries;

Oklahoma Statutes - Title 56. Poor Persons Page 205

5. "Donor" means a volunteer registered with a sponsoring

organization whose earned service credits will be transferred to a

recipient or beneficiary;

6. "Sponsor" means an organization or agency which provides

recruitment, referral, instructional facilities and support for the

Program;

7. "Service credit" means the unit of exchange upon which the

Program operates;

8. "Eligible tasks" means those designated activities which,

when performed by a volunteer for a recipient, will result in the

earning and the use of service credits;

9. "Matching process" means the administrative steps taken to

bring an appropriate volunteer into contact with a recipient who has

requested services;

10. "Umbrella Agency" means the Department of Human Services,

Aging Services Division which will coordinate the statewide

Volunteer Service Credit Bank Program, providing policy and

procedures, technical assistance and computerization of records;

11. "Volunteer coordinator" means a person responsible for

coordinating a sponsor's program activities;

12. "Respite care" means the temporary relief provided to a

caregiver who has twenty-four-hour responsibility for a homebound

person living either with the caregiver or separately; and

13. "Volunteer service credit bank" means the Program designed

by the Division to provide service credits to qualified volunteers

who provide in-home services.
Okla. Stat. tit. 56, § 56-238.4 — OK Code / Title 56 / Section 56-238.4
Hearing on debt - Appeal - Orders
Status: in_force

A. A hearing shall be held at the time and place given on the

notice of support debt served upon the obligor or the attorney for

the obligor, with a duly qualified administrative law judge

appointed for that purpose by the Department. The hearing shall be

held in the county of residence of the custodial parent or guardian

of the child or if the custodian resides out of state, the hearing

shall be held in the county of residence of the obligor. The

hearing shall be conducted according to rules promulgated by the

Department. The rules shall provide to both parties the right to

confront and cross-examine witnesses, to present witnesses, and to

be represented by an attorney or other person. After the evidence

has been presented at a hearing, the administrative law judge shall

enter an order which shall be in writing and contain findings of

fact and conclusions of law as to each contested issue. Each order

shall include provisions requiring the obligor to inform the

Division of the obligor's current address, the name and address of

the obligor's current employer, and the obligor's access to health

insurance and other insurance policy information. The order shall

be submitted to the district office and to the obligor or the

attorney for the obligor by hand delivery by the administrative law

judge or by certificate of mailing, within twenty (20) days after

the conclusion of the hearing.

B. If, during the hearing, the administrative law judge finds

that the issues presented will require further consideration or

evidence either administratively or through the district court

before adjudication, the administrative law judge may enter a

temporary order for child support, pending resolution of those

issues during a subsequent administrative or court hearing. The

temporary order shall be enforced until superseded by a final

administrative order or district court order and may be filed in the

office of the court clerk.

C. If an appeal is not perfected by the obligor or district

office, the order of the administrative law judge shall be final,

subject to collection action, and shall be filed in the office of

the court clerk in the county of residence of the custodian of the

Oklahoma Statutes - Title 56. Poor Persons Page 141

child or, if the custodian resides out of state, in the county of

residence of the obligor, or elsewhere as provided in this act. The

administrative order shall be enforced by the district court in the

same manner as an order of the district court.

D. If the obligor fails to appear for the hearing after proper

service, an administrative order will be entered. The order shall

include findings of facts and conclusions of law and shall be

subject to collection action, and shall be filed in the office of

the court clerk in the county of residence of the custodian of the

child or, if the custodian resides out of state, in the county of

the residence of the obligor, or elsewhere as provided in this act.

The administrative order shall be enforced by the district court in

the same manner as an order of the district court.

E. Any order for periodic support payments made pursuant to the

provisions of this title shall be payable to the Division for as

long as the Division is providing support enforcement. Thereafter,

if TANF is not being paid, the custodian or guardian notifies the

Division in writing that TANF services are no longer requested

and/or the obligor has not applied for services, current support

payments shall be redirected to the person or entity entitled to the

support.
Okla. Stat. tit. 56, § 56-142 — OK Code / Title 56 / Section 56-142
Amount of allowance
Status: in_force

The allowance to each of such women shall not exceed Ten Dollars

($10.00) a month when she has but one child under the age of

fourteen (14) years, and if she has more than one child under the

age of fourteen (14) years, it shall not exceed the sum of Ten

Dollars ($10.00) a month for the first child and Five Dollars

($5.00) a month for each of the other children under the age of

fourteen (14) years.

Oklahoma Statutes - Title 56. Poor Persons Page 36
Okla. Stat. tit. 56, § 56-205 — OK Code / Title 56 / Section 56-205
Replacement or reimbursement for certain eyeglasses and
Status: in_force

contact lenses - Payment or reimbursement for certain eye

examinations prohibited.

The Department of Human Services is authorized to replace or

make reimbursement for the eyeglasses or contact lenses of any

Oklahoma Statutes - Title 56. Poor Persons Page 88

employee at the Northern Oklahoma Resource Center of Enid, Southern

Oklahoma Resource Center of Pauls Valley, Hissom Memorial Center,

and any other juvenile institution subject to the jurisdiction of

the Department of Human Services, if said eyeglasses or contact

lenses are damaged by a resident of said schools, center or

institutions while the employee is engaged in the performance of his

duties. The Department of Mental Health and Substance Abuse

Services is authorized to replace or make reimbursement for the

eyeglasses or contact lenses of any employee at Central State

Hospital, Eastern State Hospital, Western State Psychiatric Center,

the Community Mental Health Centers and Substance Abuse Services if

said eyeglasses or contact lenses are damaged by a resident of said

facilities while the employee is engaged in the performance of his

duties. The J.D. McCarty Center is authorized to replace or make

reimbursement for the eyeglasses or contact lenses of any employee,

if said eyeglasses or contact lenses are damaged by a resident of

said facility while the employee is engaged in the performance of

his duties. The eyeglasses or contact lenses shall be of comparable

kind, quality and cost. The Department of Human Services, the

Department of Mental Health and Substance Abuse Services and the

J.D. McCarty Center are not authorized to make payment or

reimbursement for eye examinations necessary for the replacement of

or reimbursement for said eyeglasses or contact lenses.
Okla. Stat. tit. 56, § 56-125 — OK Code / Title 56 / Section 56-125
Deeds - Order for execution - Signing, acknowledging and
Status: in_force

attesting - Prima facie evidence.

If such sale be by the judge of the district court approved and

confirmed, he shall direct and order the chairman of the board of

county commissioners to execute a deed to the purchaser thereof,

which shall be signed and acknowledged by the chairman of said

board, and attested by the county clerk, which deed shall recite the

several steps and proceeding had in such sale, and such recitals

shall be prima facie evidence of the truth of the same.
Okla. Stat. tit. 56, § 56-92 — OK Code / Title 56 / Section 56-92
Election authorized - Manner of calling election
Status: in_force

The board of county commissioners in each county in the State of

Oklahoma is hereby authorized and empowered to call any election for

the purpose of issuing bonds to purchase lands, make improvement

Oklahoma Statutes - Title 56. Poor Persons Page 31

thereon, or to make improvements upon lands already owned by such

counties, for the use and benefit of the poor people of such

counties. Said commissioners shall call said election by issuing a

proclamation therefor and giving notice thereof in four consecutive

issues of a weekly newspaper published in and of general circulation

in such county proposing to issue said bonds. Provided, that no

election shall be held until the expiration of thirty (30) days

following the date of the first publication of said notice.
Okla. Stat. tit. 56, § 56-253 — OK Code / Title 56 / Section 56-253
Legislative findings
Status: in_force

The Legislature hereby finds that:

1. Americans of most economic classes are having increasing

difficulty climbing the economic ladder. Fully half of all

Oklahoma Statutes - Title 56. Poor Persons Page 183

Americans have no, negligible or negative investable assets just as

the price of entry to the economic mainstream, such as the cost of a

house, starting a business, an adequate education, establishing a

retirement account, or purchasing an automobile, is increasing;

2. Economic well-being does not come solely from income,

spending, and consumption, but also requires savings, investment,

and accumulation of assets, since assets can improve economic

stability, connect people with a viable and hopeful future,

stimulate development of human and other capital, enable people to

focus and specialize, yield personal and social dividends, and

enhance the welfare of offspring;

3. There is an urgent need for new means for Americans to

navigate the labor market and to provide incentives and means for

employment, upgrading, mobility, and retention;

4. The household savings rate of the United States lags far

behind other industrial nations, presenting a barrier to economic

growth. The State of Oklahoma should develop policies, such as

individual development accounts, that promote higher rates of

personal savings and net private domestic investment;

5. In the current fiscal environment, the State of Oklahoma

should invest existing resources in high-yielding initiatives.

There is reason to believe that the financial returns, including

increased income, tax revenue, and decreased welfare cash

assistance, of individual development accounts will far exceed the

cost of investment;

6. Tens of thousands of Oklahomans continue to live in poverty

and receive public assistance. Poverty is a loss of human

resources, an assault on human dignity, and a drain on social and

fiscal resources of this state. Traditional public assistance

programs, concentrating on income and consumption, have rarely been

successful in promoting and supporting the transition to economic

self-sufficiency; and

7. Income-based social policy should be complemented with

asset-based social policy, because while income-based policies

ensure that consumption needs, including food, child care, rent,

clothing, and health care, are met, asset-based policies provide the

means to achieve economic self-sufficiency and climb the economic

ladder.
Okla. Stat. tit. 56, § 56-302 — OK Code / Title 56 / Section 56-302
Renumbered as § 1408 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-163.1 — OK Code / Title 56 / Section 56-163.1
Satellite meal sites
Status: in_force

The Department of Human Services shall authorize the

establishment of local satellite meal sites for the purpose of

encouraging older Oklahomans to congregate in order to eat meals

prepared at another location and delivered to the local satellite

meal site.

The Department of Human Services with the cooperation of the

State Fire Marshal and the Oklahoma State Department of Health shall

Oklahoma Statutes - Title 56. Poor Persons Page 45

adopt and promulgate standards for the establishment of such

satellite meal sites so as to comply with any applicable fire and

health code based on occupancy and use of the site. It is the

intention of the Legislature that such standards shall be adequate

to protect the health and safety of the persons congregating at

satellite meal sites but also which will authorize and allow the

establishment of the satellite meal sites by the Department, and

which will encourage the use of the satellite meal sites for meal

delivery services to older Oklahomans.
Okla. Stat. tit. 56, § 56-230.66 — OK Code / Title 56 / Section 56-230.66
Compulsory school attendance
Status: in_force

A. Compulsory school attendance for a child from the age at

which the child is eligible to attend kindergarten to eighteen (18)

years of age, unless the child is being home educated as per the

Oklahoma Constitution and statutes, shall be a condition for

participation in the Temporary Assistance for Needy Families (TANF)

program.

B. The Commission for Human Services shall promulgate rules for

implementing the provisions of this section which will authorize the

Department to deny a recipient of benefits under the TANF program

that portion of payments which relate to an individual who fails to

comply with the requirements of this section.
Okla. Stat. tit. 56, § 56-162.6 — OK Code / Title 56 / Section 56-162.6
Renumbered as § 4122 of Title 74 by Laws 2001, c. 348, §
Status: in_force

5, eff. Nov. 1, 2001.
Okla. Stat. tit. 56, § 56-204 — OK Code / Title 56 / Section 56-204
Vendor drug program - Exemption of certain drugs
Status: in_force

A. Except as otherwise provided, the Oklahoma Health Care

Authority shall be authorized and directed to establish a vendor

drug program to provide any drugs that have been approved and

designated as safe and effective by the federal Food and Drug

Administration, and that are prescribed by a licensed medical,

dental, podiatric or osteopathic practitioner for eligible

recipients of assistance payments suffering from painful or life-

endangering diseases or other persons who are suffering from a

catastrophic illness.

B. The Authority shall, in accordance with federal law, not be

obligated to cover any outpatient drugs of a manufacturer which has

not entered into or which does not have in effect a rebate agreement

with the Secretary of Health and Human Services on behalf of the

state.

C. Such program shall, to the fullest extent possible, be

established and maintained in conjunction with existing federal

programs of prescribed drugs so as to earn the maximum of federal

financial participation. Exempt from the provisions of this section

are the following drugs or classes of drugs, or their medical uses:

1. Agents when used for anorexia or weight gain;

2. Agents when used to promote fertility;

3. Agents when used for cosmetic purposes or hair growth;

Oklahoma Statutes - Title 56. Poor Persons Page 87

4. Agents when used for the symptomatic relief of coughs and

colds;

5. Agents when used to promote smoking cessation;

6. Prescription vitamins and mineral products, except prenatal

vitamins and fluoride preparations;

7. Nonprescription drugs;

8. Covered outpatient drugs when the manufacturer seeks to

require as a condition of sale that associated tests or monitoring

services be purchased exclusively from the manufacturer or its

designee;

9. Drugs described in paragraph 3 of subsection c of Section

107 of the Drug Amendments of 1962, 21 U.S.C., Section 107(c)(3),

and identical, similar or related drugs, within the meaning of

paragraph 1 of subsection b of Section 310.6 of Title 21 of the Code

of Federal Regulations;

10. Barbiturates; or

11. Benzodiazepines;

provided, however, the Authority shall be authorized to include

specific drugs within these categories for reimbursement based upon

specific medical need.

D. The Authority shall be authorized to establish a prospective

drug utilization review program for the H2 Antagonists; provided

that such limitations are in compliance with federal Food and Drug

Administration Agency-approved product labeling.
Okla. Stat. tit. 56, § 56-237.7 — OK Code / Title 56 / Section 56-237.7
Definitions
Status: in_force

For the purposes of Sections 237 through 240.23 of this title:

1. The "Child Support Enforcement Division of the Department of

Human Services", hereinafter referred to as the "Division" or as the

"Department", is the state agency designated to administer the child

support enforcement program for the State of Oklahoma and its

District Offices, which may be administered through contract or

cooperative agreements. The District Offices provide enforcement

services to individuals receiving Temporary Assistance for Needy

Families, hereinafter referred to as "TANF", and to individuals not

receiving TANF who have made proper application for enforcement

services to the Division;

2. "Director" means the Director of the Department of Human

Services who shall have the authority to enter orders in appropriate

cases or as otherwise provided by law, without the necessity of an

additional signature of a district or administrative judge;

3. "Office of Administrative Hearings: Child Support (Legal

Division, Department of Human Services, State of Oklahoma)",

hereinafter referred to as "OAH", conducts child support enforcement

administrative hearings. All hearings are conducted by

administrative law judges assigned to OAH;

4. "Support debt" means a debt owed to the State of Oklahoma by

the natural, legal or adoptive parents who are responsible for

support of a child or children receiving public assistance money

from the Department or the reasonable expenses of providing for a

child or children. The amount of the debt shall be determined in

accordance with the provisions of Section 118 of Title 43 of the

Oklahoma Statutes;

5. "Arrearage" or "past due support" means the total amount of

unpaid support obligations;

6. "Delinquency" means any payment under an order for support

which becomes due and remains unpaid;

Oklahoma Statutes - Title 56. Poor Persons Page 128

7. a. "Gross income" or "income" means income from any

source and includes, but is not limited to, income

from salaries, wages, commissions, bonuses, dividends,

severance pay, pensions, rent, interest income, trust

income, annuities, compensation as an independent

contractor, social security benefits, workers'

compensation benefits, unemployment insurance

benefits, disability insurance benefits, gifts,

prizes, any form of periodic payment to an individual

regardless of source, and any other payments made by

any person, private entity, federal or state

government, any unit of local government, school

district, or any entity created by law. Income

specifically excluded are actual child support

received for children not before the court and

benefits received from means-tested public assistance

programs, including but not limited to TANF,

Supplemental Security Income (SSI), Food Stamps,

General Assistance and State Supplemental Payments for

Aged, Blind, and the Disabled.

b. For purposes of computing gross income of the parents,

gross income shall include for each parent all actual

monthly income described in this paragraph, the

average of the gross monthly income for the time

actually employed during the previous three (3) years,

or the minimum wage paid for a forty-hour week,

whichever is the most equitable. If equitable, gross

monthly income for either parent may be imputed in an

amount that a person with comparable education,

training, and experience could reasonably expect to

earn. If a person is permanently physically or

mentally incapacitated, the child support obligation

shall be computed on the basis of actual monthly gross

income;

8. "Earnings" means amounts paid to a person as an employee,

including wages and salary;

9. "Disposable income" means income or earnings less any

amounts required by law to be withheld including, but not limited

to, federal, state, and local taxes, Social Security, and public

assistance payments;

10. "Obligor" means the person who is required to make payments

under an order for support or the natural, legal, or adoptive

parents who are responsible for the support of a child or children;

11. "Obligee" or "Person entitled" means:

a. a person to whom a support debt or support obligation

is owed,

Oklahoma Statutes - Title 56. Poor Persons Page 129

b. the Department of Human Services or a public agency of

another state that has the right to receive current or

accrued support payments or that is providing support

enforcement services, or

c. a person designated in a support order or as otherwise

specified by the court;

12. "Payor" means any person or entity paying monies, income,

or earnings to an obligor. In the case of a self-employed person,

the "payor" and "obligor" may be the same person;

13. "Support order" means an order for the payment of support

issued by a district or administrative court of this state or by any

court or agency of another state;

14. "Income assignment" means an assignment of a portion of the

monies, income, or periodic earnings due and owing to the obligor to

the person entitled to the support or to another person or entity

designated by the support order or assignment for payment of

support, the support debt, or arrearages. In all child support

cases wherein child support is being enforced pursuant to the state

plan, the income of any obligor required by court or administrative

order to pay support shall be subject by operation of law to

immediate income assignments regardless of whether support payments

by such obligor are in arrears. The assignment shall be in an

amount which is sufficient to meet the periodic child support

payments, other maintenance payments, payments on support debt and

collection of past due support monies that have accrued under a

district or administrative court order. An income assignment shall

be made a part of a support order or any order granting a judgment

for a support debt or confirming the amount of the past due support,

or a review or modification of a support order pursuant to Section

118.1 of Title 43 of the Oklahoma Statutes;

15. "Voluntary acknowledgment" means a written acknowledgment

executed by the obligor wherein the obligor acknowledges paternity,

support liability, a support debt, or arrearage amount, and agrees

to a judgment and an immediate income assignment to pay monthly

support and payments on the support debt or arrearage judgments;

16. "Notice" means a written announcement served upon an

obligor, a custodial person or any person or entity which might be

affected by the noticed proceeding;

17. "Licensing board" means any bureau, department, division,

board, agency, or commission of this state or of a municipality in

this state that issues a license;

18. "License" means a license, certificate, registration,

permit, approval, or other similar document issued by a licensing

board granting to an individual a right or privilege to engage in a

profession, occupation, business, or industry, or any recreational

license or permit including, but not limited to, a hunting and

fishing license or other authorization issued pursuant to the

Oklahoma Statutes - Title 56. Poor Persons Page 130

Oklahoma Wildlife Conservation Code and certificates of Title for

vessels and motors and other licenses or registrations issued

pursuant to the Oklahoma Vessel and Motor Registration Act or a

driver license or other permit issued pursuant to Title 47 of the

Oklahoma Statutes;

19. "Commission" means the Commission for Human Services;

20. "Payment plan" includes, but is not limited to, a plan

approved by the support enforcement entity that provides sufficient

security to ensure compliance with a support order or that

incorporates voluntary or involuntary income assignment or a similar

plan for periodic payment of past-due support and, if applicable,

current and future support; and

21. "Support" means all payments or other obligations due and

owing to the obligee or person entitled by the obligor pursuant to a

support order, and may include, but is not limited to, support

alimony payments, child support, as defined by Section 1170 of Title

12 of the Oklahoma Statutes, and other expenses, requirements and

obligations as specified in Section 118 of Title 43 of the Oklahoma

Statutes.
Okla. Stat. tit. 56, § 56-230.55 — OK Code / Title 56 / Section 56-230.55
Unmarried minor recipients - Adult supervised living
Status: in_force

arrangements.

A. Except as provided in subsection B of this section, if a

person applying for benefits under the Temporary Assistance for

Needy Families (TANF) program is a minor, has never married and is

pregnant or has a dependent child in such minor's care, the minor

shall not be eligible for benefits unless the minor lives in a

supervised adult setting.

B. Subsection A of this section shall not apply if the minor

person is legally emancipated pursuant to Chapter 4 of Title 10 of

the Oklahoma Statutes.

C. The Department shall develop programs, in conjunction with

the State Department of Health or any other appropriate federal,

state or local entity, to encourage teens in Oklahoma to abstain

from sexual activity.
Okla. Stat. tit. 56, § 56-127 — OK Code / Title 56 / Section 56-127
Authorization to use or lease realty held for indigent
Status: in_force

care facilities - Sales not restricted.

The board of county commissioners of any county in this state is

hereby authorized and empowered to hold, own, or use for any other

lawful county purpose, or lease for any other lawful purpose, any

real estate deeded to or held by such county for the purpose of

county indigent care facilities, when, in the opinion of the board

of county commissioners, such real estate is not needed, is

unsuitable, or inconvenient for the purpose of an indigent care

facility; provided that nothing contained in this section shall

prevent the said county from selling the said property as provided

by law, and the power to hold, own, or use said property for any

lawful county purpose, or lease said property for any lawful

purpose, shall be in addition to the power to sell said property as

provided in Sections 121 through 126 of this title.
Okla. Stat. tit. 56, § 56-230.78 — OK Code / Title 56 / Section 56-230.78
Oklahoma Marriage Initiative public service
Status: in_force

announcement campaign.

There shall be created a statewide public service announcement

campaign, under the Oklahoma Marriage Initiative, promoting marriage

as a tool against poverty and targeting all members of the public.

No person appointed or elected to any public office in this state

shall appear in the public service announcement campaign described

in this section. No person, persons, or business entities employed

in political consulting or receiving payment through funds related

to any campaign for public office in this state shall be contracted

to produce, develop, or otherwise provide any services related to

any provision of this act.
Okla. Stat. tit. 56, § 56-167.2 — OK Code / Title 56 / Section 56-167.2
Subpoena power of the Inspector General
Status: in_force

A. In any investigation relating to crimes committed against

the Department of Human Services or crimes committed in the course

of any program administered by the Department, or in investigations

of Medicaid recipient fraud, the Inspector General of the

Department, if approved by the legal counsel of the Department, may

require, by subpoena, the production of any records, including

books, papers, documents and other tangible things which constitute

or contain evidence, which the Inspector General or agent finds

relevant or material to the investigation. The production of

records may be required from any place in the state to be forwarded

to the Inspector General.

B. Compliance with the subpoena may be accomplished by:

1. Producing documents, as requested; or

2. Notifying the Department, in writing, of refusal to produce

documents, within ten (10) days of the date of service.

C. The subpoena shall specify a date for production that is at

least fifteen (15) days after the date that the subpoena is served

upon the person named therein. The subpoena form shall clearly set

forth the optional means of compliance including instructions for

sending written notice of refusal.

D. A subpoena issued to a financial institution pursuant to

subsection A of this section shall comply with Section 2204 of Title

6 of the Oklahoma Statutes. A subpoena to a financial institution

may be enforced under the provisions of subsection G of this section

in lieu of enforcement pursuant to Section 315 of Title 75 of the

Oklahoma Statutes.

E. A subpoena issued pursuant to this section may be served by

any person designated in the subpoena to serve it. Service of a

subpoena upon a person named therein shall be made by delivering or

mailing a copy of the subpoena to such person. Service may be made

upon a domestic or foreign corporation or upon a partnership or

other unincorporated association which is subject to suit under a

common name, by delivering or mailing the subpoena to an officer, to

a managing or general agent, or to any other agent authorized by

Oklahoma Statutes - Title 56. Poor Persons Page 52

appointment or by law to receive service of process. The affidavit

of the person serving the subpoena entered on a true copy thereof by

the person serving it shall be proof of service.

F. Service of a subpoena by mail may be accomplished by mailing

a copy thereof by certified mail with return receipt requested and

delivery restricted to the person named in the subpoena. The person

serving the subpoena shall make proof of service thereof to the

Inspector General. If service is by mail, the person serving the

subpoena shall show in the proof of service the date and place of

mailing and attach a copy of the return receipt showing that the

mailing was accepted. Service of a subpoena by mail shall not be

effective if the mailing was not accepted by the person named in the

subpoena.

G. In the case of refusal to obey a subpoena issued to any

person, the Inspector General may invoke the aid of any district

court of the state within the jurisdiction of which the

investigation is conducted or of which the subpoenaed person is an

inhabitant, or in which the person carries on business or may be

found, to compel compliance with the subpoena. The court may issue

an order requiring the subpoenaed person to appear before the

Inspector General to produce records, if so ordered. Any failure to

obey the order of the court may be punished by the court as an

indirect contempt thereof. All process in any such case may be

served in any judicial district in which such person may be found.

H. The district court of the county wherein the subpoena is

served may quash a subpoena issued pursuant to this section, upon a

motion to quash the subpoena filed with the court by the party to

whom the subpoena is issued.
Okla. Stat. tit. 56, § 56-1030.2 — OK Code / Title 56 / Section 56-1030.2
Notice and hearing - Appointment of receiver -
Status: in_force

Reimbursement of receiver - Liability for debts - Competitive

bidding not required.

A. The court shall hold a hearing within five (5) days of the

filing of the petition. The petition and notice of the hearing

shall be served by the petitioner on the owner, administrator or

designated agent of the agency, and the Oklahoma Health Care

Authority. The petition and notice shall be posted in a conspicuous

place in the agency not later than three (3) days before the time

specified for the hearing, unless a different time limit is fixed by

order of the court.

B. The court may appoint a receiver ex parte pending the

hearing if the Department of Human Services provides testimony,

under oath, that there has been a loss of life or a life-endangering

situation exists for which an adequate remedy at law does not exist.

Following the hearing on the petition, and upon a determination that

the appointment of a receiver is warranted, the court may then

Oklahoma Statutes - Title 56. Poor Persons Page 265

appoint a different receiver or extend the term of the ex parte

receiver.

C. When the operating revenue of a residential agency in

receivership is insufficient to meet its operating expenses,

including the cost of bringing the agency and residences into

compliance with state or federal laws or rules or regulations or

provisions of the agency's contract, or to protect the health and

safety of the residents, the operator shall be deemed insolvent.

The Department of Human Services may reimburse the receiver for

those expenses from funds available for such uses and expenses.

D. The receiver, the Department of Human Services and the

Oklahoma Health Care Authority are not liable for debts incurred by

the owner or operator of an agency providing community residential

services for which a receiver has been appointed.

E. Notwithstanding any other provision of law, contracts that

are necessary to carry out the powers and duties of the receiver

need not be competitively bid.
Okla. Stat. tit. 56, § 56-1007.1 — OK Code / Title 56 / Section 56-1007.1
Short title - Defunding Statutory Rape Cover-up Act
Status: in_force

This act shall be known and may be cited as the "Defunding

Statutory Rape Cover-up Act".

Oklahoma Statutes - Title 56. Poor Persons Page 218
Okla. Stat. tit. 56, § 56-1009.1 — OK Code / Title 56 / Section 56-1009.1
Short title - Legislative findings
Status: in_force

A. Sections 1 and 2 of this act shall be known and may be cited

as the “All Kids Act”.

B. The Legislature finds that, for the economic and social

benefit of all residents of the State of Oklahoma, it is important

to enable all children of this state to access affordable health

insurance that offers comprehensive coverage and emphasizes

preventative health care. Numerous studies, including the Institute

of Medicine’s report, Health Insurance Matters, demonstrate that

lack of insurance negatively affects health status. The Legislature

further finds that access to health care is a key component for

children’s healthy development and successful education. The

effects of lack of insurance also negatively impact those who are

insured because the cost of paying for care for the uninsured is

shifted to those who have insurance in the form of higher health

insurance premiums. A Families USA 2005 report indicates that by

2010, family premiums in Oklahoma will increase by Two Thousand

Eleven Dollars ($2,011.00) due to cost-shifting from the uninsured.

It is, therefore, the intent of the All Kids Act to provide access

to affordable health insurance to all children in Oklahoma.
Okla. Stat. tit. 56, § 56-321 — OK Code / Title 56 / Section 56-321
Renumbered as § 1418 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-4002.2 — OK Code / Title 56 / Section 56-4002.2
Definitions
Status: in_force

As used in the Ensuring Access to Medicaid Act:

1. “Adverse determination” means a determination by a

contracted entity or its designee utilization review entity that an

admission, availability of care, continued stay, or other health

care service that is a covered Medicaid benefit has been reviewed

and, based upon the information provided, does not meet the

contracted entity’s or the Oklahoma Health Care Authority’s

requirements for medical necessity, appropriateness, health care

setting, level of care, or effectiveness, and the requested service

or payment for the service is therefore denied, reduced, or

terminated;

2. “Accountable care organization” means a network of

physicians, hospitals, and other health care providers that provides

coordinated care to Medicaid members;

3. “Claims denial error rate” means the rate of claims denials

that are overturned on appeal;

4. “Capitated contract” means a contract between the Oklahoma

Health Care Authority and a contracted entity for delivery of

services to Medicaid members in which the Authority pays a fixed,

per-member-per-month rate based on actuarial calculations;

5. “Children’s Specialty Plan” means a health care plan that

covers all Medicaid services other than dental services and is

designed to provide care to:

Oklahoma Statutes - Title 56. Poor Persons Page 296

a. children in foster care,

b. former foster care children up to twenty-five (25)

years of age,

c. juvenile-justice-involved children,

d. children receiving adoption assistance, and

e. on and after July 1, 2026:

(1) children involved in a Family Centered Services

(FCS) case through the Child Welfare Services

division of the Department of Human Services,

(2) children in the custody of the Department of

Human Services and placed at home under court

supervision,

(3) children who are placed at home in a trial

reunification plan administered by the Department

of Human Services, and

(4) Medicaid enrolled parents and guardians whose

children are in an FCS case, are in trial

reunification, or are in the custody of the

Department of Human Services in foster care or

under court supervision;

6. “Clean claim” means a properly completed billing form with

Current Procedural Terminology, 4th Edition or a more recent

edition, the Tenth Revision of the International Classification of

Diseases coding or a more recent revision, or Healthcare Common

Procedure Coding System coding where applicable that contains

information specifically required in the Provider Billing and

Procedures Manual of the Oklahoma Health Care Authority, as defined

in 42 C.F.R., Section 447.45(b);

7. “Clinical criteria” means the written policies, written

screening procedures, determination rules, determination abstracts,

clinical protocols, practice guidelines, medical protocols, and any

other criteria or rationale used by a contracted entity to determine

the necessity and appropriateness of health care services;

8. “Commercial plan” means an organization or entity that

undertakes to provide or arrange for the delivery of health care

services to Medicaid members on a prepaid basis and is subject to

all applicable federal and state laws and regulations;

9. “Contracted entity” means an organization or entity that

enters into or will enter into a capitated contract with the

Oklahoma Health Care Authority for the delivery of services

specified in the Ensuring Access to Medicaid Act that will assume

financial risk, operational accountability, and statewide or

regional functionality as defined in the Ensuring Access to Medicaid

Act in managing comprehensive health outcomes of Medicaid members.

For purposes of the Ensuring Access to Medicaid Act, the term

contracted entity includes an accountable care organization, a

Oklahoma Statutes - Title 56. Poor Persons Page 297

provider-led entity, a commercial plan, a dental benefit manager, or

any other entity as determined by the Authority;

10. “Dental benefit manager” means an entity that handles

claims payment and prior authorizations and coordinates dental care

with participating providers and Medicaid members;

11. “Essential community provider” means:

a. a Federally Qualified Health Center,

b. a community mental health center,

c. an Indian Health Care Provider,

d. a rural health clinic,

e. a state-operated mental health hospital,

f. a long-term care hospital serving children (LTCH-C),

g. a teaching hospital owned, jointly owned, or

affiliated with and designated by the University

Hospitals Authority, University Hospitals Trust,

Oklahoma State University Medical Authority, or

Oklahoma State University Medical Trust,

h. a provider employed by or contracted with, or

otherwise a member of the faculty practice plan of:

(1) a public, accredited medical school in this

state, or

(2) a hospital or health care entity directly or

indirectly owned or operated by the University

Hospitals Trust or the Oklahoma State University

Medical Trust,

i. a county department of health or city-county health

department,

j. a comprehensive community addiction recovery center,

k. a hospital licensed by this state including all

hospitals participating in the Supplemental Hospital

Offset Payment Program,

l. a Certified Community Behavioral Health Clinic

(CCBHC),

m. a provider employed by or contracted with a primary

care residency program accredited by the Accreditation

Council for Graduate Medical Education,

n. any additional Medicaid provider as approved by the

Authority if the provider either offers services that

are not available from any other provider within a

reasonable access standard or provides a substantial

share of the total units of a particular service

utilized by Medicaid members within the region during

the last three (3) years, and the combined capacity of

other service providers in the region is insufficient

to meet the total needs of the Medicaid members,

o. a pharmacy or pharmacist, or

Oklahoma Statutes - Title 56. Poor Persons Page 298

p. any provider not otherwise mentioned in this paragraph

that meets the definition of “essential community

provider” under 45 C.F.R., Section 156.235;

12. “Governing body” means a group of individuals appointed by

the contracted entity who approve policies, operations, profit/loss

ratios, executive employment decisions, and who have overall

responsibility for the operations of the contracted entity of which

they are appointed;

13. “Health care service” means any service provided by a

participating provider, or by an individual working for or under the

supervision of the participating provider, that relates to the

diagnosis, assessment, prevention, treatment, or care of any human

illness, disease, injury, or condition. Unless the context clearly

indicates otherwise, health care service includes the provision of

mental health and substance use disorder services and the provision

of durable medical equipment;

14. “Local Oklahoma provider organization” means any state

provider association, accountable care organization, Certified

Community Behavioral Health Clinic, Federally Qualified Health

Center, Native American tribe or tribal association, hospital or

health system, academic medical institution, currently practicing

licensed provider, or other local Oklahoma provider organization as

approved by the Authority;

15. “Material change” includes, but is not limited to, any

change in overall business operations such as policy, process, or

protocol which affects, or can reasonably be expected to affect,

more than five percent (5%) of members or participating providers of

the contracted entity;

16. “Medically necessary” means services or supplies provided

by a participating provider that are:

a. appropriate for the symptoms and diagnosis or

treatment of a member’s condition, illness, disease,

or injury,

b. in accordance with standards of good medical practice,

c. not primarily for the convenience of the member or the

member’s health care provider, and

d. the most appropriate supply or level of service that

can safely be provided to the member as determined by

the Authority;

17. “Participating provider” means a provider who has a

contract with or is employed by a contracted entity to provide

services to Medicaid members as authorized by the Ensuring Access to

Medicaid Act;

18. “Prior authorization” means the process by which a

contracted entity or its designee utilization review entity

determines the medical necessity and medical appropriateness of

Oklahoma Statutes - Title 56. Poor Persons Page 299

otherwise covered health care services prior to the rendering of

such health care services;

19. “Provider” means a health care or dental provider licensed

or certified in this state or a provider that meets the Authority’s

provider enrollment criteria to contract with the Authority as a

SoonerCare provider;

20. “Provider-led entity” means an organization or entity, a

majority of whose governing body is composed of individuals who:

a. have experience serving Medicaid members and:

(1) are licensed in this state as physicians,

physician assistants, or Advanced Practice

Registered Nurses,

(2) at least one board member is a licensed

behavioral health provider, or

(3) are employed by:

(a) a hospital or other medical facility

licensed by this state and operating in this

state, or

(b) an inpatient or outpatient mental health or

substance abuse treatment facility or

program licensed or certified by this state

and operating in this state,

b. represent the providers or facilities described in

subparagraph a of this paragraph including, but not

limited to, individuals who are employed by a

statewide provider association, or

c. are nonclinical administrators of clinical practices

serving Medicaid members;

21. “Provider-owned entity” means an organization or entity, a

majority of whose ownership is held by Medicaid providers in this

state or is held by an entity that directly or indirectly owns or is

under common ownership with Medicaid providers in this state;

22. “Statewide” means all counties of this state including the

urban region;

23. “Urban region” means:

a. all counties of this state with a county population of

not less than five hundred thousand (500,000)

according to the latest Federal Decennial Census, and

b. all counties that are contiguous to the counties

described in subparagraph a of this paragraph,

combined into one region; and

24. “Urgent health care service” means, with respect to the

application of the time period for making a prior authorization

determination under Section 4002.6 of this title, a health care

service which, in the opinion of a physician with knowledge of the

member’s medical condition:

Oklahoma Statutes - Title 56. Poor Persons Page 300

a. could seriously jeopardize the life or health of the

member or the ability of the member to regain maximum

function, or

b. in the opinion of a physician with knowledge of the

member’s medical condition, would subject the member

to severe pain that cannot be adequately managed

without the care or treatment that is the subject of

the prior authorization.
Okla. Stat. tit. 56, § 56-530.1 — OK Code / Title 56 / Section 56-530.1
Short title
Status: in_force

Sections 7 through 13 of this act shall be known and may be

cited as the "Oklahoma Adult Companion Home Certification Act".
Okla. Stat. tit. 56, § 56-28.1 — OK Code / Title 56 / Section 56-28.1
Planned parenthood - Educational materials and
Status: in_force

information.

Whenever a person receiving public assistance makes a request

therefor, the Department of Public Welfare shall furnish to such

person educational materials and information with respect to

achieving a planned parenthood; or refer such person to a Family

Planning Center, organization or agency where the same may be

obtained. Every such person shall be advised that he or she is a

free agent to accept or not to accept advice and counsel thus

furnished or obtained; and that his or her refusal or failure to

avail himself or herself of such materials, information or advice

will in no way affect the person's right to receive assistance, or

his or her right to take advantage of any other public program.

Oklahoma Statutes - Title 56. Poor Persons Page 21
Okla. Stat. tit. 56, § 56-252 — OK Code / Title 56 / Section 56-252
Purpose
Status: in_force

The purpose of the Family Savings Initiative Act is to provide

for the establishment of individual development accounts designed

to:

1. Provide individuals and families with limited means an

opportunity to accumulate assets;

2. Facilitate and mobilize savings;

3. Promote home ownership, microenterprise development,

education, saving for retirement, and automobile purchase; and

4. Stabilize families and build communities.
Okla. Stat. tit. 56, § 56-230.61 — OK Code / Title 56 / Section 56-230.61
Extension of transitional Medicaid, child care
Status: in_force

assistance and support services.

A. The Oklahoma Health Care Authority, in accordance with the

terms and conditions of a waiver granted by the federal Department

of Health and Human Services, shall conduct a demonstration project

to revise applicable standards and rules which will allow a

recipient of assistance under the Medicaid and Temporary Assistance

for Needy Families (TANF) program, who becomes employed, to continue

to receive transitional Medicaid and child care assistance for

twenty-four (24) months following the initial date of employment

unless:

1. The employer provides medical assistance or child care

benefits; or

2. The monthly salary received from the employer exceeds the

monthly allowance of assistance pursuant to the TANF program plus

the cost of child care and medical insurance to which the recipient

would be entitled.

B. The Commission for Human Services shall revise applicable

standards and rules to allow a recipient under the TANF program, who

becomes employed, to receive case management and transitional

support services. Such services shall include, but not be limited

to, transportation assistance, ensuring that the family receives

transitional Medicaid and child care, ensuring that the family is

Oklahoma Statutes - Title 56. Poor Persons Page 108

familiar with and applies for the Earned Income Tax Credit,

providing that the recipient is assessed for and referred to

providers for any social or supportive service-related needs, and

assistance with any other problems which emerge in the initial

months of employment.
Okla. Stat. tit. 56, § 56-222 — OK Code / Title 56 / Section 56-222
Audit of financial records of hospitals as to per diem
Status: in_force

costs.

Auditors from the Oklahoma Health Care Authority under the

direction of the Chief Executive Officer of the Authority shall be

authorized and empowered to conduct an audit of the financial

records itemized in a hospital's reimbursable per diem cost records

in order to determine whether or not the certified per diem cost is

sustained by the detailed financial records of such hospital as to

such per diem costs.
Okla. Stat. tit. 56, § 56-162.1 — OK Code / Title 56 / Section 56-162.1
Additional names for Department of Public Welfare,
Status: in_force

Welfare Commission and Director.

(a) The Department of Public Welfare shall also be known as, and

may perform official acts and transact official business in the name

of, Department of Human Services.

(b) The Oklahoma Public Welfare Commission shall also be known

as, and may perform official acts and transact official business in

the name of, the Commission for Human Services.

(c) The Director of Public Welfare shall also be known as, and

may perform official acts and transact official business in the name

of, the Director of Human Services.
Okla. Stat. tit. 56, § 56-143 — OK Code / Title 56 / Section 56-143
Conditions of allowance
Status: in_force

Such allowance shall be made by the county court and only upon

the following conditions:

(1) The child or children for whose benefit the allowance is

made must be living with the mother of such child or children; (2)

The allowance shall be made only when in the absence of such

allowance the mother would be required to work regularly away from

her home and children, and when by means of such allowance she will

be able to remain at home with her children; (3) The mother must, in

the judgment of the county court, be a proper person, morally,

physically and mentally, for the bringing up of her children; (4)

Such allowance shall, in the judgment of the court, be necessary to

save the child or children from neglect; (5) No person shall receive

the benefit of this act who shall not have been a resident of the

county in which such application is made for at least one (1) year

next before the making of such application for such allowance.
Okla. Stat. tit. 56, § 56-198.11 — OK Code / Title 56 / Section 56-198.11
Oklahoma Consumer-Directed Personal Assistance and
Status: in_force

Support Services (Oklahoma CD-PASS) Act – Purposes – Legislative

findings.

A. Sections 1 and 2 of this act shall be known and may be cited

as the “Oklahoma Consumer-Directed Personal Assistance and Support

Services (Oklahoma CD-PASS) Act”.

B. The purposes of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Act are to:

1. Provide assistance, on a voluntary basis, to families with a

Medicaid-eligible member who requires long-term support services, or

to provide assistance to Medicaid-eligible individuals who require

long-term support services, so that such persons may remain in their

family residence or in their own home; and

2. Afford, on a voluntary basis, frail elderly individuals and

adults with disabilities who are Medicaid-eligible and who need

basic assistance with mobility, self-care and health maintenance,

the ability to have maximum control over the selection of persons

working on their behalf and over the manner in which personal

assistance services are to be provided to them.

C. The Oklahoma Legislature finds that:

1. Providing services to individuals needing in-home and

community-based care, as well as providing assistance to their

family members, should be supported;

2. Giving recipients of in-home and community-based services

and their family members a choice in the selection of services

needed and providers to be utilized enhances a sense of dignity and

autonomy for those individuals receiving care; and

Oklahoma Statutes - Title 56. Poor Persons Page 67

3. Providing consumers and their families with choice and

control over their lives is a goal that should be supported.

D. The Oklahoma Legislature further recognizes the importance

of providing options and alternatives to persons receiving in-home

and community-based services, and as such, supports demonstration

programs that result in positive outcomes.
Okla. Stat. tit. 56, § 56-198.14 — OK Code / Title 56 / Section 56-198.14
Definitions
Status: in_force

As used in the Oklahoma Self-Directed Care Act:

1. “Ancillary services” means services in addition to basic

services provided to a consumer and includes the following:

a. housekeeping chores which are incidental to the basic

services furnished, or which are essential to the

health and welfare of the consumer, and

b. transportation services to enable the consumer to gain

access to waiver services and other community

services, activities and resources;

2. “Basic services” shall include, but not be limited to:

a. getting in and out of bed, wheelchair or motor

vehicle,

b. assistance with routine bodily functions including

bathing and personal hygiene, dressing and grooming,

and eating,

c. assistance in acquiring, retaining and improving self-

help, socialization and adaptive skills necessary to

reside successfully in a home- and community-based

setting,

d. respite services for non-paid caregivers, which may

include services consisting of general household

Oklahoma Statutes - Title 56. Poor Persons Page 76

activities such as meal preparation and routine

household care, and

e. health maintenance activities including, but not

limited to, administration of medications by oral,

rectal, vaginal, otic, ophthalmic, nasal, skin,

topical, transdermal and gastrostomy tube routes,

feedings through a tube, surface care of stoma sites,

irrigation of catheter, and wound care if such

activities in the opinion of the attending physician

or licensed registered nurse may be performed safely

in the home or community by a consumer-employed

caregiver who has successfully completed competency-

based training approved by the Department of Human

Services;

3. “Budget allowance” means the amount of money made available

each month to a consumer to purchase needed home- and community-

based care services, based on the results of a functional needs

assessment to be developed pursuant to the provisions of this act;

4. “Consumer” means a person who has chosen to participate in

the program, has met the enrollment requirements, and has received

an approved budget allowance;

5. “Fiscal intermediary” means an entity approved by the

Oklahoma Health Care Authority that helps a consumer manage the

budget allowance of the consumer, retains the funds, and processes

employment information, processes tax information, processes

workers’ compensation insurance premiums, reviews records to ensure

correctness, writes paychecks to providers, and delivers paychecks

to the consumer for distribution to providers and caregivers;

6. “Legal representative” means a person who is a legal

guardian or conservator or who holds a durable power of attorney

authorizing the making of health and medical care decisions as

required by this section for a consumer;

7. “Personal care services” means those basic and ancillary

services which enable the consumer in need of in-home care to live

in the home and community of the consumer rather than in an

institution and to carry out functions of daily living, self-care

and mobility;

8. “Program” means the Self-Directed Care Pilot Program;

9. “Provider” means:

a. a person licensed to render services that are eligible

for reimbursement under this program, for whom the

consumer is not the employer of record, or

b. a consumer-employed caregiver for whom the consumer is

the employer of record; and

10. “Representative” means an uncompensated individual

designated by the consumer to assist in managing the budget

allowance and needed services of the consumer.

Oklahoma Statutes - Title 56. Poor Persons Page 77
Okla. Stat. tit. 56, § 56-230.16 — OK Code / Title 56 / Section 56-230.16
Renumbered as § 230.63 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.