Okla. Stat. tit. 56, § 56-166 — OK Code / Title 56 / Section 56-166
Application for assistance
Status: in_force

Application for assistance under this act shall be made to the

county department of the county in which the applicant resides. The

application shall be in writing, signed by the applicant or legal

guardian and shall be in a manner and upon the form prescribed by

the State Department.

Added by State Question No. 226, Initiative Petition No. 155, § 6,

adopted July 7, 1936. Amended by Laws 1939, p. 89, § 6, emerg. eff.

May 9, 1939.
Okla. Stat. tit. 56, § 56-3003 — OK Code / Title 56 / Section 56-3003
Contents of coordinated system - Implementation
Status: in_force

deadlines.

A. The design of a coordinated system of information, referral

and follow-up services for older Oklahomans shall:

1. Be based upon the coordination of existing state and local

programs that provide information, referral and follow-up services

for older Oklahomans;

2. Conform with the requirements of the 1915c Medicaid Home and

Community Based Waiver, commonly known as the "Advantage Program",

and, to the extent possible and feasible, shall incorporate the

forms and procedures developed for the implementation of the Waiver;

3. Include, but not be limited to:

a. delineation of agency responsibilities, and the

methods of coordinating the delivery of services,

b. identification of programs and procedures necessary

for implementation, and adoption of such procedures by

the responsible agencies,

c. the adoption of common service procedures across

program and agency lines,

d. the use of common referral and other forms,

e. the development of a shared, computerized data base to

identify client information necessary to reduce

duplication of effort and improve service delivery,

including, but not limited to, a common intake data

set,

f. procedures for sharing of confidential information in

accordance with state and federal laws, which shall

include, but not be limited to, methods for

restricting access to confidential information and for

sharing confidential information between public and

private agencies and individuals in accordance with

the policies and procedures set forth in interagency

agreements pursuant to the Coordination of Services

for Older Oklahomans Act,

g. joint training of personnel responsible for

implementation of the system and delivery of services,

h. methods for resolving disputes by mediation or other

means,

i. a funding and implementation plan, which may include

phased-in implementation, and

Oklahoma Statutes - Title 56. Poor Persons Page 280

j. procedures for monitoring and improving services and

data collection, and continued coordination of

services and data.

B. 1. Preliminary recommendations for the data base and

coordinated system shall be completed on or before October 1, 1996.

2. On or before January 1, 1997, the agencies subject to the

provisions of the Coordination of Services for Older Oklahomans Act

shall enter into interagency agreements to implement the coordinated

system.

The data base and coordinated system of information, referral

and follow-up shall be fully implemented on or before January 1,

1998.
Okla. Stat. tit. 56, § 56-259 — OK Code / Title 56 / Section 56-259
State agency responsible for implementation of act
Status: in_force

The Department of Human Services shall be responsible for

implementation of this act and shall promulgate rules as necessary

in accordance with the provisions of this act.
Okla. Stat. tit. 56, § 56-4002.3a — OK Code / Title 56 / Section 56-4002.3a
Capitated contracts with contracted entities for
Status: in_force

delivery of Medicaid services.

A. 1. The Oklahoma Health Care Authority (OHCA) shall enter

into capitated contracts with contracted entities for the delivery

of Medicaid services as specified in the Ensuring Access to Medicaid

Act to transform the delivery system of the state Medicaid program

for the Medicaid populations listed in this section.

2. Unless expressly authorized by the Legislature, the

Authority shall not issue any request for proposals or enter into

any contract to transform the delivery system for the aged, blind,

and disabled populations eligible for SoonerCare.

B. 1. The Oklahoma Health Care Authority shall issue a request

for proposals to enter into public-private partnerships with

contracted entities other than dental benefit managers to cover all

Medicaid services other than dental services for the following

Medicaid populations:

a. pregnant women,

b. children,

c. deemed newborns under 42 C.F.R., Section 435.117,

d. parents and caretaker relatives, and

e. the expansion population.

2. The Authority shall specify the services to be covered in

the request for proposals referenced in paragraph 1 of this

subsection. Capitated contracts referenced in this subsection shall

cover all Medicaid services other than dental services including:

a. physical health services including, but not limited

to:

(1) primary care,

(2) inpatient and outpatient services, and

(3) emergency room services,

Oklahoma Statutes - Title 56. Poor Persons Page 301

b. behavioral health services, and

c. prescription drug services.

3. The Authority shall specify the services not covered in the

request for proposals referenced in paragraph 1 of this subsection.

4. Subject to the requirements and approval of the Centers for

Medicare and Medicaid Services, the implementation of the program

shall be no later than April 1, 2024.

C. 1. The Authority shall issue a request for proposals to

enter into public-private partnerships with dental benefit managers

to cover dental services for the following Medicaid populations:

a. pregnant women,

b. children,

c. parents and caretaker relatives,

d. the expansion population, and

e. members of the Children’s Specialty Plan as provided

by subsection D of this section.

2. The Authority shall specify the services to be covered in

the request for proposals referenced in paragraph 1 of this

subsection.

3. Subject to the requirements and approval of the Centers for

Medicare and Medicaid Services, the implementation of the program

shall be no later than April 1, 2024.

D. 1. Either as part of the request for proposals referenced

in subsection B of this section or as a separate request for

proposals, the Authority shall issue a request for proposals to

enter into public-private partnerships with one contracted entity to

administer a Children’s Specialty Plan.

2. The Authority shall specify the services to be covered in

the request for proposals referenced in paragraph 1 of this

subsection.

3. The contracted entity for the Children’s Specialty Plan

shall coordinate with the dental benefit managers who cover dental

services for its members as provided by subsection C of this

section.

4. Subject to the requirements and approval of the Centers for

Medicare and Medicaid Services, the implementation of the program

shall be no later than April 1, 2024.

E. The Authority shall not implement the transformation of the

Medicaid delivery system until it receives written confirmation from

the Centers for Medicare and Medicaid Services that a managed care

directed payment program utilizing average commercial rate

methodology for hospital services under the Supplemental Hospital

Offset Payment Program has been approved for Year 1 of the

transformation and will be included in the budget neutrality cap

baseline spending level for purposes of Oklahoma’s 1115 waiver

renewal; provided, however, nothing in this section shall prohibit

the Authority from exploring alternative opportunities with the

Oklahoma Statutes - Title 56. Poor Persons Page 302

Centers for Medicare and Medicaid Services to maximize the average

commercial rate benefit.
Okla. Stat. tit. 56, § 56-1018 — OK Code / Title 56 / Section 56-1018
Reductions in planned services – Prospective application
Status: in_force

only.

A. As used in this section, "contracted community-based service

provider" means any entity contracted by the Department of Human

Services, the Oklahoma Health Care Authority, or any private person

providing the support, or promotion of support, for a service

recipient to remain in such person's home or residence and shall

include, but not be limited to, entities and persons providing

personal support, professional support, case management,

transportation services and services through a Home and Community-

Based Waiver or ADvantage Waiver as defined by Title XIX of the

Social Security Act, Section 1915(c).

B. Beginning on the effective date of this act, any reductions

in planned services provided by a contracted community-based service

provider shall comply with the following:

1. All reductions in planned services shall be applied

prospectively and shall not be changed retroactively. Any prior

authorized services rendered under the current plan shall be

reimbursed; and

2. The updated algorithms shall not affect any prior authorized

service.
Okla. Stat. tit. 56, § 56-230.53 — OK Code / Title 56 / Section 56-230.53
Exclusion of automobile from determination of
Status: in_force

applicant's resources.

The Department of Human Services shall exclude an automobile

with an equity allowance of not more than Five Thousand Dollars

($5,000.00) from the determination of resources available to meet

the needs of an applicant for or recipient of benefits under the

Temporary Assistance for Needy Families (TANF) program.

Oklahoma Statutes - Title 56. Poor Persons Page 105
Okla. Stat. tit. 56, § 56-1025.1 — OK Code / Title 56 / Section 56-1025.1
Definitions
Status: in_force

For the purposes of Sections 1025.2 through 1025.4 of this

title:

1. “Administrative information” means information reported to

or obtained by the Department of Human Services regarding the

community services provider during the investigative process that

may be appropriate for internal administrative action but does not

have the potential to impact the immediate health, safety or welfare

of recipients of community services, has not been verified as true

and is for informational purposes only;

2. “Area of concern” means an issue that does not rise to the

level of abuse or neglect but may constitute a possible deficiency,

irregularity or deviation from policies and best practices by the

community services provider which has the potential to impact the

health, safety or welfare of recipients of community-based services,

and the Department of Human Services has conducted sufficient

inquiry into the issue to meet the probable cause investigative

standard;

3. “Bureau” means the Oklahoma State Bureau of Investigation;

4. “Community services provider” means a community-based

program, corporation, or individual who contracts with, or is

licensed or funded by, the Department of Human Services to provide

residential or vocational services through in-person supports or

Oklahoma Statutes - Title 56. Poor Persons Page 254

through the use of remote supports to persons who are elderly or

persons with intellectual or developmental disabilities, or

contracts with the Oklahoma Health Care Authority to provide

services to individuals with intellectual disabilities through a

Home and Community-Based Waiver, except a private ICF/IID;

5. “Community services worker” means any person employed by or

under contract with a community services provider who provides, for

compensation or as a volunteer, health-related services, training,

or supportive assistance to persons who are elderly or persons with

developmental disabilities, and who is not a licensed health

professional or any person who contracts with the Oklahoma Health

Care Authority to provide specialized foster care, habilitation

training specialist services, or homemaker services to persons with

developmental disabilities;

6. “Department” means the Department of Human Services;

7. “Developmental disability” means a severe, chronic

disability of a person which:

a. is attributable to a mental or physical impairment or

combination of mental and physical impairments, such

as an intellectual development disorder, cerebral

palsy, or autism,

b. is manifested before the person attains twenty-two

(22) years of age,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, and

(7) economic self-sufficiency, and

e. reflects the person’s need for a combination and

sequence of special, interdisciplinary, or generic

care, treatment, or other services which are of

lifelong or extended duration and are individually

planned and coordinated;

8. “Health-related services” means those services provided by

community services providers or community services workers to

persons who are elderly or persons with developmental disabilities

that include, but are not limited to, personal hygiene,

transferring, range of motion, supervision or assistance in

activities of daily living, basic nursing care such as taking

temperature, pulse or respiration, positioning, incontinent care,

and identification of signs and symptoms of disease. Certain tasks

that may be performed as basic nursing care by community services

Oklahoma Statutes - Title 56. Poor Persons Page 255

workers require appropriate training provided or approved by the

Department, written agreement by the service recipient’s personal

support team, and the primary care physician’s acknowledgement and

specific order related to the task. Under such circumstances, basic

nursing care may include, but need not be limited to:

a. nutrition including meals by gastrostomy tube or

jejunostomy tube,

b. blood glucose monitoring,

c. ostomy bag care,

d. oral suctioning, and

e. administration of oral metered dose inhalers and

nebulizers;

9. “Supportive assistance” means the service rendered to

persons with developmental disabilities which is sufficient to

enable such person to meet an adequate level of daily living.

Supportive assistance includes, but is not limited to, training,

supervision, assistance in housekeeping, assistance in the

preparation of meals, and assistance in activities of daily living

as necessary for the health and comfort of persons with

developmental disabilities;

10. “Remote supports” means the utilization of technology by

community services workers who are in remote locations, away from

the residences or locations of individuals with developmental or

intellectual disabilities, to provide health-related services or

supportive assistance to those individuals. Communication with

individuals with developmental or intellectual disabilities shall be

achieved with the use of two-way communications by community

services workers through such means as telephone or video feeds;

11. “Maltreatment” means abuse, verbal abuse, sexual abuse,

neglect, financial neglect, exploitation or sexual exploitation of

vulnerable adults as defined in Section 10-103 of Title 43A of the

Oklahoma Statutes or abuse, neglect, sexual abuse or sexual

exploitation of children as defined in Section 1-1-105 of Title 10A

of the Oklahoma Statutes;

12. “Personal care” means a level of assistance provided in the

home of an individual to meet the individual’s activities of daily

living needs such as bathing, grooming, meal preparation, light

housekeeping, laundry, and care plan-directed errands;

13. “Medicaid personal care services provider” means a program,

corporation or individual who provides services under the state

Medicaid personal care program or ADvantage Waiver Program to

individuals who are elderly or who have a physical disability;

14. “Medicaid personal care assistant” means a person who

provides Medicaid services funded under the state Medicaid personal

care program, who is not a certified nurse aide or a licensed

professional;

Oklahoma Statutes - Title 56. Poor Persons Page 256

15. “Specialized foster care” means the home- and community-

based service as defined in the 1915(c) waiver approved by the

Centers for Medicare and Medicaid Services;

16. “Habilitation training specialist services” means the home-

and community-based service as defined in the 1915(c) waiver

approved by the Centers for Medicare and Medicaid Services; and

17. “Homemaker services” means the home- and community-based

service as defined in the 1915(c) waiver approved by the Centers for

Medicare and Medicaid Services.
Okla. Stat. tit. 56, § 56-1030.4 — OK Code / Title 56 / Section 56-1030.4
Oath and bond - Powers and duties of receiver - Court
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 12approval of certain expenditures required - Termination of

receivership - Technical assistance.

A. Before a receiver is appointed, a nominee shall be sworn to

faithfully perform the duties of a receiver. At the initial

hearing, the receiver shall seek and obtain court approval of one or

more sureties and shall execute a bond in such amount as the court

shall direct.

B. In establishing a receivership, the court shall set forth

the powers and duties of the receiver. The court shall authorize

the receiver to do all that is prudent and necessary to protect the

health, safety and welfare of all persons served by the agency and

to efficiently administer residential services within the

requirements of state and federal law, relevant policy, and the

agency's contracts with the Department of Human Services and the

Oklahoma Health Care Authority. These powers and duties shall

include those generally ascribed to receivers and may also include

the powers and duties of trustees under the U.S. Bankruptcy Code, as

Oklahoma Statutes - Title 56. Poor Persons Page 266

amended. In addition to the powers specified by this section, the

court shall authorize the receiver to:

1. Honor all leases, mortgages and secured transactions

governing all buildings, goods and fixtures of which the receiver

has taken possession and continues to use, but, in the case of a

rental agreement, only to the extent of payments that are for the

use of the property during the period of the receivership, or, in

the case of a purchase agreement, only to the extent of payments

that are received during the period of the receivership;

2. If transfer of residents is necessary, provide for the

orderly transfer of residents by doing the following:

a. cooperate with all appropriate state and local

agencies in carrying out the transfer of residents to

alternative community placements,

b. arrange for the transportation of residents'

belongings and records,

c. help to locate alternative placements and develop

discharge plans,

d. prepare residents for the trauma of discharge, and

e. permit residents or guardians to participate in

transfer or discharge planning except when an

emergency exists and immediate transfer is necessary;

3. Make periodic reports on the status of the residential

program to the appropriate state agency, parents, guardians, and

residents;

4. Compromise demands or claims with prior notice to the

Department of Human Services and the Oklahoma Health Care Authority,

subject to approval by the court; and

5. Subject to the supervision and control of the court, bring

and defend actions in the receiver's name, in the official capacity

as receiver, and take and keep possession of property.

C. The court shall require the receiver to obtain court

approval prior to making any single expenditure of more than Five

Thousand Dollars ($5,000.00) to correct deficiencies in the

structure or furnishings of residences supported by an agency. The

court shall require regular and detailed reports including a final

report. The receivership shall be reviewed at least every sixty

(60) days.

D. Upon motion by the receiver, the Department of Human

Services or other interested party, a receivership established

pursuant to this section may be terminated by the court, and the

receiver discharged, following notification of the appropriate

parties and interested persons and a hearing, if the court

determines the following:

1. The residential agency and owners have ceased operations and

the former residents have been relocated to an appropriate service

setting; or

Oklahoma Statutes - Title 56. Poor Persons Page 267

2. Circumstances no longer exist at the agency that present a

substantial risk of physical or mental harm or death to residents,

and there is no deficiency in the agency that is likely to create

such risk of harm or death.

E. Upon motion of the receiver, the Department of Human

Services or other interested party, the court may, during the

hearing to consider termination of the receivership and discharge of

the receiver, approve the return of control of the agency,

corporation, or assets to the original owner or approve the sale of

the same to a new owner. The Department of Human Services, the

Oklahoma Health Care Authority, all other interested parties, and

other persons with a known interest in the proceedings shall receive

written notice from the receiver of such hearing.

F. The Department of Human Services and the Oklahoma Health

Care Authority shall provide technical assistance to any receiver

appointed pursuant to this section.
Okla. Stat. tit. 56, § 56-242 — OK Code / Title 56 / Section 56-242
Distribution of federally donated agricultural commodities
Status: in_force

- Limitations.

There shall be no distribution of federally donated agricultural

commodities under the commodity distribution program to individuals

or households in a county participating in the food stamp program

except during emergency situations or as authorized by federal law

or the U.S. Secretary of Agriculture.
Okla. Stat. tit. 56, § 56-329 — OK Code / Title 56 / Section 56-329
Section of Services to the Blind - Transfer to Commission
Status: in_force

for Rehabilitation Services - Merit system - Functions of Section.

A. The Section of Services to the Blind of the Oklahoma

Department of Career and Technology Education, including all

personnel thereof and all property and assets belonging to such

Section, is hereby transferred to, and shall be a section of, the

Commission for Rehabilitation Services; and all powers, duties and

responsibilities of the Oklahoma Department of Career and Technology

Education relating to services to the blind shall hereafter be

exercised by the Commission for Rehabilitation Services. Employees

of the Section who are members of the Teachers' Retirement System of

Oklahoma and who continue as employees of the Section after such

transfer may retain their membership in such Teachers' Retirement

System. The Governor may, by an Executive Order, place the Section

and employees thereof under the Merit System of Personnel

Administration.

B. The Section of Services to the Blind shall provide, to blind

and visually impaired persons, rehabilitation services,

rehabilitation teaching services, optical aids, and special library

Oklahoma Statutes - Title 56. Poor Persons Page 193

services, including Braille and recorded books; administer the

vending facility program maintained for blind and visually impaired

persons, and the merchandising fund; plan and develop a

comprehensive rehabilitation center and services for blind and

visually impaired persons; and coordinate its services with other

public agencies and private agencies providing services to the

blind.
Okla. Stat. tit. 56, § 56-240.2 — OK Code / Title 56 / Section 56-240.2
Initiation of enforcement proceedings by Division
Status: in_force

A. After receiving a referral or application for services, the

Division may initiate enforcement proceedings.

1. The Division may notify the obligor of the intention to

initiate enforcement proceedings by a notice. If an income

assignment is not in place for collection of support monies, the

Division shall immediately execute or issue a withholding order to

any payor of income to the obligor. The notice of enforcement

proceedings pursuant to this subsection shall be served upon the

obligor in the same manner prescribed for the service of summons in

a civil action. However, if a notice has been issued pursuant to

Section 237A of this title, the notice of enforcement proceedings

pursuant to this subsection may be served by regular mail with a

certificate of mailing. The notice shall inform the obligor of the

following:

a. the amount of support monies owed, if any,

b. an assignment for collection of support monies due and

owing has commenced if a potential payor of income was

known,

c. other enforcement actions that the Division may take

to collect support monies owed,

Oklahoma Statutes - Title 56. Poor Persons Page 148

d. the obligor may contest the allegations in the notice

only with regard to mistakes of identity or the

existence or the amount of support monies owed,

e. the assignment shall remain as long as the order upon

which it is based is in effect. Payment of any

support monies will not prevent an income assignment

from taking effect, and

f. the obligor shall be required to keep the Division

informed of the name and address of the current

employer of the obligor and access to health insurance

and other insurance policy information of the obligor.

2. a. An obligor may request a hearing pursuant to this

section by delivering written notice to the District

Office on a form provided which states the date and

location of the hearing if requested on or before the

fifteenth day from the date of service of the notice.

On receipt of the hearing request, the Division shall

promptly enter the appearance of the obligor on the

administrative court hearing docket. The

administrative court shall hear and determine the

matter and, unless the obligor successfully shows

there is a mistake of identity or a mistake in the

existence of current or delinquent child support, the

administrative court shall enter a judgment, determine

the amount of judgment payments, if any, and order the

assignment of nonexempt earnings of the obligor pay

the judgment and future monthly support payments.

b. The administrative court may order an obligor to pay

all costs involved in enforcement proceedings under

this subsection and shall order interest as provided

in Section 114 of Title 43 of the Oklahoma Statutes to

be collected in the same manner as the payments upon

which the interest accrued.

c. The order shall be a final judgment for purposes of

appeal.

d. The Division shall send a notice of the income

assignment to the payor to effectuate the assignment

pursuant to subsection D of this section.

B. If within fifteen (15) days of date of service of the

notice, the obligor fails to request a hearing, pursuant to

subsection A of this section, or after having requested a hearing

fails to appear at the hearing, the administrative court shall enter

an order granting judgment for arrearage, if any, establishing a

judgment payment plan and approving the income assignment. The

administrative order shall thereafter be subject to collection

action and shall be filed, at the option of the Division, in the

office of the court clerk in the county of residence of the

Oklahoma Statutes - Title 56. Poor Persons Page 149

custodian of the child, in the county of residence of the obligor,

in the county of the underlying support order, or any other county

in which the obligor has real or personal property. The

administrative order shall be enforced by the district court in the

same manner as an order of the district court. A copy of the order

shall be served upon the obligor by the District Office in

accordance with subsection B of Section 2005 of Title 12 of the

Oklahoma Statutes.

C. The Division shall send a notice of the income assignment to

the payor pursuant to subsection D of this section to effectuate the

assignment.

D. 1. The notice of the income assignment required pursuant to

subsections A and B of this section shall be sent by the Division to

the payor on a form prescribed by the Secretary of the United States

Department of Health and Human Services. The notice shall be sent

by certified mail, return receipt requested, or served in accordance

with law. The payor shall be required to comply with the provisions

of this subsection and the provisions stated in the notice.

2. The assignment shall take effect on the next payment of

income to the obligor after the payor receives notice thereof and

the amount withheld shall be sent to the Division within seven (7)

days of the date upon which the obligor is paid. The payor shall

attach to each payment a statement reporting the date on which the

support obligation of the obligor was withheld.

3. The payor shall withhold each pay period the amounts

specified in the notice from the obligor’s income and earnings. The

amount withheld by the payor from the obligor's earnings shall not

exceed the limits on the percentage of an obligor's earnings which

may be assigned for support pursuant to Section 1171.2 of Title 12

of the Oklahoma Statutes.

4. The income assignment is binding upon the payor until

released or until further order of the Division or the district or

administrative court.

5. The payor is liable for any amount up to the accumulated

amount that should have been withheld if the payor fails to withhold

in accordance with the provisions of the assignment notice.

6. Two or more income assignments may be levied concurrently.

Any current support due shall be paid before the payment of any

arrearages or support debt judgment.

7. If the amount of support due under the assignments exceeds

the maximum amount authorized to be withheld from earnings by

Section 1171.2 of Title 12 of the Oklahoma Statutes, the payor shall

pay the amount due up to the statutory limit and shall send written

notice to the Division or the person or agency designated to receive

payments that the amount due exceeds the amount subject to

withholding. If the payor fails to pay or notify as required

Oklahoma Statutes - Title 56. Poor Persons Page 150

herein, the payor may be liable for an amount up to the accumulated

amount that is due and owing upon receipt of the notice.

8. The payor shall notify the Division within ten (10) days of

the date when the obligor is no longer employed by, being paid by,

or providing services to the payor, and shall provide the Division

with the obligor's last-known address and the name of the obligor's

new employer or payor of income, if known.

9. If the payor has no current or future income due to the

obligor in his or her possession or control, or if the obligor is no

longer employed by, being paid by, or providing services to the

payor prior to the receipt of the notice required pursuant to

subsection C of this section, the payor shall send written notice to

the Division within ten (10) days of receipt of said notice.

Failure to notify the Division within the required time limit may

subject the payor to liability for an amount up to the accumulated

amount that is due and owing upon receipt of the notice.

10. The payor is liable for any amount up to the accumulated

amount that should have been withheld and paid, and may also be

fined not more than Two Hundred Dollars ($200.00) for each failure

to make the required deductions if the payor:

a. fails to withhold or pay the support in accordance

with the provisions of the assignment notice, or

b. fails to notify the person or agency entitled to

support and the Division as required.

11. The Division or the obligor may bring an action against the

payor to enforce the provisions of the notice and this subsection in

the underlying district court case or by separate proceeding in

district court.

12. The payor may combine withheld amounts from income of two

or more obligors in a single payment and separately identify that

portion of the single payment which is attributable to each

individual obligor.

13. An income assignment issued pursuant to the provisions of

this section shall have priority over any prior or subsequent

garnishments of the same income.

14. The payor may deduct from any income of the obligor a sum

not exceeding Five Dollars ($5.00) per pay period but not to exceed

Ten Dollars ($10.00) per month as reimbursement for costs incurred

by the payor in complying with the income assignment.

15. The income assignment shall remain effective regardless of

any change of a payor.

16. The income assignment issued pursuant to this section shall

remain in effect as long as any support monies are owed. Payment of

any support monies shall not prevent the income assignment from

taking effect.

Oklahoma Statutes - Title 56. Poor Persons Page 151

17. The payor shall verify the obligor's address, employment,

earnings, income, benefits, and dependent health insurance

information upon the request of the Division.

18. The payor may not discipline, suspend, discharge, or refuse

to promote an obligor because of an income assignment executed

pursuant to this section. Any payor who violates this section shall

be liable to such obligor for all income, wages, and employment

benefits lost by the obligor from the period of unlawful discipline,

suspension, discharge, or refusal to promote to the reinstatement or

promotion.

E. Nothing in this section shall limit the authority of the

Department to use its administrative powers conferred by law or

rules to collect delinquent support without the necessity of a court

order.

F. Any person obligated to pay support, who has left or is

beyond the jurisdiction of the court, may be subjected to or

prosecuted under any other proceedings available pursuant to the

laws of this state for the enforcement of the duty of support and

maintenance.

G. The income assignment proceedings specified in this section

shall be available to other states for the enforcement of child

support and maintenance or to enforce out-of-state orders. Venue

for such proceedings is, at the option of the obligee:

1. In the county in this state in which the support order was

entered;

2. In the county in this state in which the obligee resides; or

3. In the county in this state in which the obligor resides or

receives income.

H. Any payment made pursuant to the provisions of this section

by the payor shall be made payable to the Department or its

designee, and shall be in such form of payment as provided by the

order or the notice.

I. The obligated party may execute a voluntary income

assignment and acknowledgment at any time and submit it to the

District Office.

J. The Division shall distribute the monies due a person

entitled to support who is not receiving Temporary Assistance for

Needy Families within the time limit required by federal regulation.
Okla. Stat. tit. 56, § 56-1011.11 — OK Code / Title 56 / Section 56-1011.11
Durable medical equipment retrieval program – Rules -
Status: in_force

Definition.

A. The Oklahoma Health Care Authority shall develop and

implement, as funds become available, a durable medical equipment

retrieval program that will allow the Authority to:

1. Retrieve durable medical equipment, purchased with Medicaid

funds, from the Medicaid consumers who no longer utilize the

equipment; and

2. Donate such equipment to community-based programs that will

distribute the equipment to individuals who are disabled or elderly.

Oklahoma Statutes - Title 56. Poor Persons Page 238

B. The Oklahoma Health Care Authority Board shall promulgate

rules and establish procedures necessary to implement the program

established in this section.

C. For the purpose of this section, “durable medical equipment”

means equipment that is primarily and customarily used to serve a

medical purpose, can withstand repeated use and is appropriate for

use in the home.
Okla. Stat. tit. 56, § 56-240.12 — OK Code / Title 56 / Section 56-240.12
Assistance in locating parents delinquent on child
Status: in_force

support or their assets - Duty of political subdivisions and

corporations or other businesses.

A. Each agency of the state or any political subdivision

thereof shall provide information requested by the Oklahoma

Department of Human Services when the Department is attempting to

Oklahoma Statutes - Title 56. Poor Persons Page 157

establish, modify, or enforce a child support order. Requested

information may include, but shall not be limited to:

1. The name, address, telephone number, social security number

or other identifying information of any individual;

2. Information regarding the employment, compensation, and

benefits of any individual employed by such entity as an employee or

contractor;

3. Vital statistics, including records of marriage, birth, and

divorce;

4. State and local tax and revenue records, including

information on residence address, employer, income, and assets;

5. Records containing real and titled personal property;

6. Records of recreational, occupational and professional

licenses;

7. Records concerning the ownership and control of

corporations, partnerships, and other business entities;

8. Employment security records;

9. Records of agencies administering public assistance

programs;

10. Records of the Department of Corrections;

11. Records of court actions or claims; and

12. The Division shall have access to the Oklahoma Law

Enforcement Telecommunications Systems network as created in Section

2-124 of Title 47 of the Oklahoma Statutes.

B. Each corporation or other business operating in this state,

including for-profit and not-for-profit businesses, shall provide

information requested by the Oklahoma Department of Human Services

when the Department is attempting to establish, modify, or enforce a

child support order. Requested information may include, but shall

not be limited to:

1. The name, address, telephone number, social security number

or other identifying information of any individual;

2. Information regarding the employment, compensation, and

benefits of any individual employed by such entity as an employee or

contractor;

3. The name, address, social security number or other

identifying information of such individuals and the names and

addresses of the employers of such individuals, as appearing in

customer records of public utilities, including 911 emergency

records, and cable television companies, pursuant to a written

request of the Department;

4. Information, including information on assets and liabilities

on such individuals held by financial institutions; and

5. Information regarding claims for injury to persons or

property.

Oklahoma Statutes - Title 56. Poor Persons Page 158

C. The entities described above should provide automated access

in the case of records maintained in electronic format. To comply

with a request of the Department, such entities may:

1. Provide to the Department the list of all individuals in its

records for the Department to compare against its records for the

purpose of identifying individuals for whom the Department is

attempting to establish, modify or enforce a child support order; or

2. Obtain a list of individuals against whom the Department is

attempting to establish, modify or enforce a child support order and

compare against the entity’s records to identify matching

individuals. The Department shall provide the list of child support

parties in electronic media format.

D. An entity that provides information to the Department in

good faith or takes any other action in good faith in an attempt to

comply with the provisions of this section shall not be liable to

any individual for disclosing such information.
Okla. Stat. tit. 56, § 56-530.7 — OK Code / Title 56 / Section 56-530.7
Revocation or refusal to renew certificate - Notice and
Status: in_force

hearing.

The Department of Human Services may revoke or refuse to renew

any certificate issued pursuant to the provisions of the Oklahoma

Adult Companion Home Certification Act if the home has violated any

of the provisions of the Oklahoma Adult Companion Home Certification

Act or the standards promulgated by the Department. No certificate

shall be revoked or renewal refused unless the holder of such

certificate shall have been given at least thirty (30) days' notice

in writing of the grounds of such proposed revocation or refusal.

If such revocation or refusal is protested to the Commission for

Human Services, in writing, within thirty (30) days of receipt of

said notice the Commission, or the Department, shall conduct a

hearing at which an opportunity is given to the owner or operator of

such home to present testimony and confront witnesses. Notice of

such hearing shall be given to said owner or operator of such home

by personal service or by delivery to the proper address by

registered mail, at least two (2) weeks prior to the date thereof.

If notice of the proposed revocation or refusal is not so protested,

the certification may thereupon be revoked or renewal thereof

refused.
Okla. Stat. tit. 56, § 56-2004 — OK Code / Title 56 / Section 56-2004
Home-Based Support Quality Assurance Assessment
Status: in_force

A. As used in this section:

1. "Additional costs reimbursed to the contracted community-

based service provider" means both state and federal Medicaid

expenditures in excess of the aggregate amounts that would otherwise

have been paid to a contracted community-based service provider

including, but not limited to, costs related to an audit required by

the Department of Human Services, the Oklahoma Health Care

Authority, or the State Auditor and Inspector;

2. "Contracted community-based service provider" means any

entity contracted by the Department of Human Services, the Oklahoma

Health Care Authority, or any private person providing the support,

or promotion of support, for a service recipient to remain in such

person's home or residence and shall include, but not be limited to,

entities and persons providing personal support, professional

support, case management, transportation services, and services

through a Home and Community-Based Waiver or Advantage Waiver as

defined by Title XIX of the Social Security Act, Section 1915 (C);

3. "Gross receipts" means annual gross revenues received in

compensation for services rendered by a contracted community-based

service provider, but shall not include any amount received by a

contracted service provider as a charitable contribution or any

amount received by a provider as compensation for services rendered

that is not reimbursed; and

4. "Medicaid" means the medical assistance program established

in Title XIX of the federal Social Security Act and administered in

the state by the Oklahoma Health Care Authority.

B. Information required to calculate the Home-Based Support

Quality Assurance Assessment provided in Section 4002 of Title 68 of

the Oklahoma Statutes for a contracted community-based service

provider shall be reported to the Oklahoma Health Care Authority

using forms supplied by the Oklahoma Health Care Authority.

C. The payment of the Home-Based Quality Assurance Assessment

by contracted community-based service providers shall be an

allowable cost for Medicaid reimbursement purposes.

Oklahoma Statutes - Title 56. Poor Persons Page 273

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

revolving fund for the Oklahoma Health Care Authority to be

designated the "Home-Based Quality Assurance 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 Oklahoma Health Care

Authority pursuant to Section 4002 of Title 68 of the

Oklahoma Statutes and otherwise specified or

authorized by law,

b. monies received by the Oklahoma Health Care 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

Home-Based Quality Assurance Fund.

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

appropriated and may be budgeted and expended by the Oklahoma Health

Care Authority for Medicaid services provided by contracted

community-based service providers.

4. 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.

5. The Home-Based Quality Assurance Fund and the programs

specified in this section that are funded by revenues collected from

the Home-Based Quality Assurance Assessment pursuant to this section

are exempt from budgetary cuts, reductions, or eliminations.

6. The reimbursement rate for contracted community-based

service providers shall be made in accordance with Oklahoma's

Medicaid reimbursement rate methodology and the provisions of this

section.

7. No contracted community-based service provider shall be

guaranteed, expressly or otherwise, that any additional costs

reimbursed to the contracted community-based service provider shall

equal or exceed the amount of the Home-Based Quality Assurance

Assessment paid by the contracted community-based service provider.

E. 1. If federal financial participation pursuant to Title XIX

of the Social Security Act is not available to the Oklahoma Medicaid

program, for purposes of matching expenditures from the Home-Based

Quality Assurance Fund at the approved federal medical assistance

percentage for the applicable fiscal year, the Home-Based Quality

Assurance Assessment shall be null and void as of the date of the

nonavailability of such federal funding, through and during any

period of nonavailability.

2. If this section is invalidated by any court of last resort

under circumstances not covered in subsection F of this section, the

Home-Based Quality Assurance Assessment shall be void as of the

effective date of that invalidation.

Oklahoma Statutes - Title 56. Poor Persons Page 274

3. If the Home-Based Quality Assurance Assessment is determined

to be void for any of the reasons enumerated in this section, any

Home-Based Quality Assurance Assessment assessed and collected for

any periods after such invalidation shall be returned in full within

sixty (60) days by the Oklahoma Health Care Authority to the

contracted community-based service provider from which it was

collected.

4. If any provision of this section, or the application

thereof, is determined by any court of last resort to prevent the

state from obtaining federal financial participation in the state

Medicaid program, such provision shall be deemed void as of the date

of the nonavailability of such federal funding and through and

during any period of nonavailability.

F. 1. If any provision of this section or the application

thereof shall be adjudged to be invalid by any court of last resort,

such judgment shall not affect, impair or invalidate the remaining

provisions of the section, but shall be confined in its operation to

the provision thereof directly involved in the controversy in which

such judgment was rendered. The applicability of such provision to

other persons or circumstances shall not be affected thereby.

2. This subsection shall not apply to any judgment that affects

the rate of the Home-Based Quality Assurance Assessment, its

applicability to all contracted community-based service providers in

the state, the usage of the fee for the purposes prescribed in this

section, or the ability of the Oklahoma Health Care Authority to

obtain full federal participation to match its expenditures of the

proceeds of the assessment.

G. The Oklahoma Health Care Authority shall:

1. Promulgate rules for the implementation and enforcement of

the Home-Based Quality Assurance Assessment established by this

section; and

2. Provide for administrative penalties in the event a

contracted community-based service provider fails to:

a. submit the Home-Based Quality Assurance Assessment,

b. submit the Home-Based Quality Assurance Assessment in

a timely manner, or

c. submit reports as required by this section or by the

Oklahoma Health Care Authority.
Okla. Stat. tit. 56, § 56-172 — OK Code / Title 56 / Section 56-172
Assistance to incompetent to be paid to guardian
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 56

A grant of assistance to any recipient of Old-Age Assistance or

Aid to the Blind, found to be incompetent, may be paid to a guardian

appointed by a court of competent jurisdiction.

Added by State Question No. 226, Initiative Petition No. 155, § 12,

adopted July 7, 1936. Amended by Laws 1939, p. 91, § 11, emerg.

eff. May 9, 1939.
Okla. Stat. tit. 56, § 56-230.51 — OK Code / Title 56 / Section 56-230.51
Program components
Status: in_force

The Statewide Temporary Assistance Responsibility System (STARS)

shall, at a minimum, contain the following components:

1. The Temporary Assistance for Needy Families (TANF) program;

2. Child Care;

3. Food Stamps;

4. One-stop Career/Employment Centers;

5. Medicaid;

6. Assistance to Aliens; and

7. Supportive services.
Okla. Stat. tit. 56, § 56-4002.5 — OK Code / Title 56 / Section 56-4002.5
Contracted entity responsibilities — Certificate of
Status: in_force

authority required.

A. A contracted entity shall be responsible for all

administrative functions for members enrolled in its plan including,

but not limited to, claims processing, authorization of health

services, care and case management, grievances and appeals, and

other necessary administrative services.

B. Prior to the execution of a contract between a contracted

entity and the Oklahoma Health Care Authority, the contracted entity

shall obtain the appropriate certificate of authority issued by the

Insurance Department.

1. A contracted entity shall obtain a certificate of authority

issued by the Insurance Department to operate as a health

maintenance organization when the contracted services to be

delivered include physical health services, behavioral health

services, and prescription drug services.

2. A contracted entity shall obtain a certificate of authority

issued by the Insurance Department to operate as an accident and

health insurer or as a prepaid dental plan organization when the

contracted services to be delivered include dental services.

C. 1. To ensure providers have a voice in the direction and

operation of the contracted entities selected by the Oklahoma Health

Care Authority under Section 4002.3b of this title, each contracted

entity shall have a shared governance structure that includes:

a. representatives of local Oklahoma provider

organizations who are Medicaid providers,

b. essential community providers, and

c. a representative from 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.

2. No less than one-third (1/3) of the contracted entity's

local governing body shall be comprised of representatives of local

Oklahoma provider organizations.

3. No less than two members of the contracted entity's clinical

and quality committees shall be representatives of local Oklahoma

provider organizations, and the committees shall be chaired or co-

chaired by a representative of a local Oklahoma provider

organization.

D. A contracted entity shall promptly notify the Authority of

all material changes affecting the delivery of care or the

administration of its program.

E. A contracted entity shall have a medical loss ratio that

meets the standards provided by 42 C.F.R., Section 438.8.

F. A contracted entity shall provide patient data to a provider

upon request to the extent allowed under federal or state laws,

Oklahoma Statutes - Title 56. Poor Persons Page 308

rules or regulations including, but not limited to, the Health

Insurance Portability and Accountability Act of 1996.

G. A contracted entity or a subcontractor of a contracted

entity shall not enforce a policy or contract term with a provider

that requires the provider to contract for all products that are

currently offered or that may be offered in the future by the

contracted entity or subcontractor.

H. Nothing in this act or in a contract between the Authority

and a contracted entity shall prohibit the contracted entity from

contracting with a statewide or regional accountable care

organization.

I. Nothing in this act, in a contract between the Authority and

a contracted entity, or in a contract between a contracted entity

and a provider shall prohibit any provider from contracting with

more than one contracted entity.

J. A contracted entity shall not withhold, fail to offer, or

make impracticable a contract with a provider on the basis of

independent practice or lack of hospital system affiliation.

K. All contracted entities shall:

1. Use the same drug formulary, which shall be established by

the Authority; and

2. Ensure broad access to pharmacies including, but not limited

to, pharmacies contracted with covered entities under Section 340B

of the Public Health Service Act. Such access shall, at a minimum,

meet the requirements of the Patient's Right to Pharmacy Choice Act,

Section 6958 et seq. of Title 36 of the Oklahoma Statutes.

L. Each contracted entity and each participating provider shall

submit data through the state-designated entity for health

information exchange to ensure effective systems and connectivity to

support clinical coordination of care, the exchange of information,

and the availability of data to the Authority to manage the state

Medicaid program.
Okla. Stat. tit. 56, § 56-240.15 — OK Code / Title 56 / Section 56-240.15
Restriction of various licenses as remedy for
Status: in_force

noncompliance with support order or order for genetic testing to

determine paternity.

A. 1. Except as otherwise provided by this section, the

Department of Human Services, the “Department”, is authorized to

initiate proceedings for the suspension or revocation of a license

and driving privileges or placement of an obligor on probation who

is not in compliance with an order for support.

2. The Department of Human Services, Office of Administrative

Hearings: Child Support, the “OAH”, is authorized to order the

suspension or revocation of a license, or placement of the obligor

who is in noncompliance with an order for support on probation.

Additionally, the OAH is authorized pursuant to Section 6-201.1 of

Title 47 of the Oklahoma Statutes to order the suspension or

revocation of a driver license or driving privileges of an obligor

who is in noncompliance with an order for support.

3. If the obligor is a licensed attorney, the Department may

report the matter to the State Bar Association to suspend or revoke

Oklahoma Statutes - Title 56. Poor Persons Page 159

the professional license of the obligor or other appropriate action

in accordance with the rules of professional conduct and

disciplinary proceedings.

4. The remedy under this section is in addition to any other

enforcement remedy available to the Department.

B. 1. Whenever the Department of Human Services determines

that an obligor may be in noncompliance with an order for support,

before proceeding with suspension, revocation, nonissuance or

nonrenewal of a license of an obligor or placing the obligor on

probation, the Department of Human Services shall issue a notice of

intent of suspension, revocation, nonissuance, or nonrenewal of the

license of the obligor or placing the obligor on probation.

2. The notice shall be served upon the obligor pursuant to

Section 2005 of Title 12 of the Oklahoma Statutes; or, if there is

an address of record, the notice provided in this section may be

served by regular mail to the address of record on file with the

central case registry as provided for in Section 112A of Title 43 of

the Oklahoma Statutes.

3. The notice shall state that the obligor’s license will be

suspended or revoked or the obligor placed on probation twenty (20)

days after service unless within that time the obligor:

a. pays the entire past-due support as stated in the

notice, or enters into a payment plan approved by the

Department,

b. obtains and maintains health insurance coverage as

required by an order of support,

c. complies with all subpoenas and orders relating to

paternity or child support proceedings, and

d. complies with all orders to submit to genetic testing

to determine paternity.

C. A written request for a hearing may be made within twentyOklahoma Statutes - Title 56. Poor Persons Page 7notice, or enters into a payment plan approved by the

Department,

b. obtains and maintains health insurance coverage as

required by an order of support,

c. complies with all subpoenas and orders relating to

paternity or child support proceedings, and

d. complies with all orders to submit to genetic testing

to determine paternity.

C. A written request for a hearing may be made within twenty

(20) days after the date of service of the notice.

D. Upon receipt of a request for hearing from an obligor, the

Department shall schedule a hearing for the purpose of determining

if suspension or revocation of the obligor’s license, or probation,

is appropriate.

E. At a hearing under this section, the OAH shall determine

whether the obligor is in noncompliance with an order for support

and whether suspension or revocation of a license, or probation, is

appropriate.

1. If the obligor enters into a payment plan for the past due

support and is complying with the order for support, the OAH may

order probation pursuant to Section 240.16 of this title.

2. If the OAH determines the obligor is in noncompliance with

an order for support and has not entered into a payment plan for

past due support, the OAH shall issue an order for suspension or

revocation of the obligor’s licenses and driving privileges.

Oklahoma Statutes - Title 56. Poor Persons Page 160

F. If an obligor fails to respond to a notice issued under this

section, fails to request a timely hearing, or fails to appear at a

scheduled hearing, the obligor’s defenses, objections or request for

a payment plan shall be considered without merit and the OAH shall

enter an order of suspension, revocation, nonissuance or nonrenewal

of a license to the licensing board and to the obligor. If the OAH

orders probation, the appropriate licensing board shall not be

notified and no action is required of that board.

G. The determinations of the OAH pursuant to this section are a

final agency decision and are subject to judicial review pursuant to

Section 240.3 of this title. Judicial review shall be confined to

the record of the administrative proceedings.

H. A determination made by the OAH pursuant to this section is

independent of any proceeding of the licensing board to suspend,

revoke, deny, terminate, or renew a license.

I. The OAH has the authority to order the suspension or

revocation of a license and driving privileges or the placement of

an obligor on probation without any action by the licensing board.

The licensing board shall, upon receipt of an order issued by the

OAH, revoke, suspend, or refuse to renew or reissue the license and

driving privileges of the named individual.

J. For purposes of this section and Sections 240.16 through

240.21 of this title and Section 6-201.1 of Title 47 of the Oklahoma

Statutes, the term “noncompliance with an order for support” means

that the obligor has failed to make child support payments required

by a child support order in an amount equal to the child support

payable for at least ninety (90) days, has failed to make full

payments pursuant to a court-ordered payment plan for at least

ninety (90) days, has failed to obtain or maintain health insurance

coverage for at least ninety (90) days as required by a support

order, has failed to comply with subpoenas or orders relating to

paternity or child support proceedings, or has failed to comply with

an order to submit to genetic testing to determine paternity.

K. The provisions of this section may be used to suspend,

revoke, not issue or not renew the licenses of the custodian of a

child who fails to comply with an order to submit to genetic testing

to determine paternity.
Okla. Stat. tit. 56, § 56-4005 — OK Code / Title 56 / Section 56-4005
Rapid whole genome sequencing coverage
Status: in_force

A. For purposes of this section, "rapid whole genome

sequencing" is defined as an investigation of the entire human

genome, including coding and non-coding regions and mitochondrial

deoxyribonucleic acid, to identify disease-causing genetic changes

that returns the preliminary positive results within seven (7) days

and final results within fifteen (15) to twenty-one (21) days from

the date of receipt of the sample by the lab performing the test,

and includes patient-only whole genome sequencing (WGS) and duo and

trio whole genome sequencing of the patient and biological parent or

parents.

B. Subject to any required approval of the Centers for Medicare

and Medicaid Services, the Oklahoma Health Care Authority shall

include coverage of rapid whole genome sequencing as a separately

payable service for Medicaid beneficiaries when all of the following

criteria are met:

1. Beneficiary is under twenty-one (21) years of age;

2. Beneficiary has a complex or acute illness of unknown

etiology, that is not confirmed to be caused by an environmental

Oklahoma Statutes - Title 56. Poor Persons Page 323

exposure, toxic ingestion, infection with normal response to

therapy, or trauma; and

3. Beneficiary is receiving hospital services in an intensive

care unit or other high acuity care unit within a hospital.

C. The coverage provided pursuant to this section may be

subject to applicable evidence-based medical necessity criteria that

shall be based on all of the following:

1. The patient has symptoms that suggest a broad differential

diagnosis that would require an evaluation by multiple genetic tests

if rapid whole genome sequencing is not performed;

2. The patient's treating health care provider has determined

that timely identification of a molecular diagnosis is necessary to

guide clinical decision-making and testing results may guide the

treatment or management of the patient's condition; and

3. The patient has a complex or acute illness of unknown

etiology, including at least one of the following conditions:

a. congenital anomalies involving at least two organ

systems or complex and multiple congenital anomalies

in one organ system,

b. specific organ malformations highly suggestive of a

genetic etiology,

c. abnormal laboratory tests or abnormal chemistry

profiles suggesting the presence of a genetic disease,

complex metabolic disorder, or inborn error of

metabolism,

d. refractory or severe hypoglycemia or hyperglycemia,

e. abnormal response to therapy related to an underlying

medical condition affecting vital organs or bodily

systems,

f. severe muscle weakness, rigidity, or spasticity,

g. refractory seizures,

h. a high-risk stratification on evaluation for a brief

resolved unexplained event with any of the following:

(1) a recurrent event without respiratory infection,

(2) a recurrent event witnessed seizure-like event,

or

(3) a recurrent cardiopulmonary resuscitation,

i. abnormal cardiac diagnostic testing results suggestive

of possible channelopathies, arrhythmias,

cardiomyopathies, myocarditis, or structural heart

disease,

j. abnormal diagnostic imaging studies suggestive of an

underlying genetic condition,

k. abnormal physiologic function studies suggestive of an

underlying genetic etiology, or

l. family genetic history related to the patient's

condition.

Oklahoma Statutes - Title 56. Poor Persons Page 324

D. Nothing in this section prohibits the Chief Operating

Officer of the Oklahoma Health Care Authority from adding additional

conditions to those contained in paragraph 3 of subsection C of this

section based upon new medical evidence or from providing coverage

for rapid whole genome sequencing or other next generation

sequencing (NGS) and genetic testing for Medicaid beneficiaries that

is in addition to the coverage required under this section.

E. Genetic data generated as a result of performing rapid whole

genome sequencing, covered pursuant to this section, shall have a

primary use of assisting the ordering health care professional and

treating care team to diagnose and treat the patient, and as

protected health information, it shall be subject to the

requirements applicable to protected health information as set forth

in the Health Information Portability and Accountability Act

(HIPAA), the Health Information Technology for Economic and Clinical

Health Act, and their attendant regulations, including, but not

limited to, the HIPAA privacy rule as promulgated at 45 CFR, Part

160 and Subparts A and E of 45 CFR, Part 164.

F. Genetic data generated from rapid whole genome sequencing,

covered pursuant to this section, can be used in scientific research

if consent for such use of the data has been expressly given by the

patient, or the patient's legal guardian in the case of a minor.

The patient, the patient's legal guardian in the case of a minor, or

the patient's health care provider with the patient's consent, may

request access to the results of the testing covered by this section

for use in other clinical settings. A health care provider may only

charge a small fee to the patient based on the direct costs of

producing the results in a format usable in other clinical settings.

A patient, or patient's legal guardian in the case of a minor, shall

have the right to rescind the original consent to the use of the

data in scientific research at any time, and upon receipt of a

written revocation of the consent, the health care provider or other

entity using the data shall cease use and expunge the data from any

data repository where it is held.

G. The Chief Operating Officer of the Oklahoma Health Care

Authority shall take any actions necessary to implement the

provisions of this section, which may include, if deemed necessary,

the following:

1. Promulgation of rules and regulations to provide for

Medicaid coverage pursuant to this section;

2. Submission to the Centers for Medicare and Medicaid Services

of any new waiver application, amendment to an existing waiver, or

Medicaid state plan amendment necessary to ensure federal financial

participation for Medicaid coverage pursuant to this section; or

3. Any other administrative action determined by the Chief

Operating Officer as necessary to implement the requirements of this

section.

Oklahoma Statutes - Title 56. Poor Persons Page 325
Okla. Stat. tit. 56, § 56-91 — OK Code / Title 56 / Section 56-91
Issue of bonds authorized
Status: in_force

All counties in the State of Oklahoma are hereby authorized to

issue bonds for the purpose of purchasing lands and making

improvements thereon for the benefit of the poor in said counties.
Okla. Stat. tit. 56, § 56-240.22E — OK Code / Title 56 / Section 56-240.22E
Financial institutions data match reporting system - Disclosure to depositors or
Status: in_force

account holders prohibited - Penalty - Liability - Unauthorized disclosure of financial records -Disclosure to depositors or account holders prohibited - Penalty -

Liability - Unauthorized disclosure of financial records - Penalty.

A. Unless otherwise required by applicable law, a financial

institution furnishing a report or providing information to the

Department pursuant to this act shall not disclose to a depositor or

Oklahoma Statutes - Title 56. Poor Persons Page 167

an account holder that the name of such person has been received

from or furnished to the Department; provided, however, that a

financial institution may disclose to its depositors or account

holders that under the financial data match reporting system the

Department has the authority to request certain identifying

information on certain depositors or account holders.

B. If an institution willfully violates the provisions of this

section, such financial institution shall pay to the Department the

lesser of One Thousand Dollars ($1,000.00) or the amount on deposit

or in the account of the person to whom such disclosure was made.

C. A financial institution shall incur no obligation or

liability to a depositor or account holder or any other person

arising from the furnishing of a report or information pursuant to

this act.

D. A financial institution shall incur no obligation or

liability to a depositor or account holder or any other person

arising from the furnishing of information to the depositor or

account holder that the Child Support Enforcement Division has

issued a levy on the depositor’s or account holder’s assets in that

financial institution if the financial institution advises the

depositor or account holder of the levy after the financial

institution has frozen all accounts of the depositor or account

holder pursuant to Section 240.22G of this title.

E. A financial institution may charge an account levied on by

the Department of Human Services a fee, as determined by the

Department, of not less than Twenty Dollars ($20.00) nor more than

Fifty Dollars ($50.00) which shall be deducted from such account

prior to remitting any funds to the Department.

F. Any individual who knowingly makes an unauthorized

disclosure of financial records pursuant to this act shall upon

conviction thereof, be fined up to One Thousand Dollars ($1,000.00)

and shall be subject to civil proceedings for such violation of

privacy.
Okla. Stat. tit. 56, § 56-240.21 — OK Code / Title 56 / Section 56-240.21
Promulgation of rules
Status: in_force

A. The Department of Human Services shall promulgate rules

necessary for the implementation and administration of Sections 5

through 10 of this act.

B. Each licensing board shall promulgate rules necessary for

the implementation and administration of Sections 5 through 10 of

this act.
Okla. Stat. tit. 56, § 56-240.1 — OK Code / Title 56 / Section 56-240.1
Authority of Child Support Enforcement Division to
Status: in_force

pursue collection of support.

A. 1. In cases in which child support services are being

provided by the Child Support Enforcement Division of the Oklahoma

Department of Human Services, the Division may:

a. initiate enforcement proceedings to:

(1) obtain a judgment for arrearages,

(2) effectuate an income assignment,

(3) receive current support and judgment payments,

and

(4) review and modify support orders pursuant to

child support guidelines in Section 118 of Title

43 of the Oklahoma Statutes,

b. initiate any other legal proceeding to implement the

establishment and collection of support and other

court-ordered requirements of support from an obligor

including, but not limited to, medical expenses,

insurance premiums, and child care costs, and

c. appeal orders as necessary to implement the provisions

of this section.

2. In any hearing on a notice of delinquency or other

enforcement proceeding, the district or administrative court may

include the amount of the child support services fee paid by the

applicant in any judgment against the obligor.

B. The Division is authorized to initiate enforcement

proceedings and receive payments pursuant to Section 237A and 240.2

of this title to effectuate an income assignment and payment plan

for:

1. Spousal support or the support of a child or both for an

applicant or any person who is the recipient of Temporary Assistance

for Needy Families (TANF) program; and

2. Any debt due and owing to the person entitled to receive

enforcement support services by the Department or to this state by a

Oklahoma Statutes - Title 56. Poor Persons Page 147

natural or adoptive parent or other person who is or was responsible

for the support of a child pursuant to Section 238 of this title, or

found to be responsible for the support of a child pursuant to

Sections 238.1 through 238.6 of this title.

C. Upon application by an obligor who requests support

enforcement services from the Department, the Division is authorized

to initiate any proceedings necessary to provide support enforcement

services to the obligor and to receive payments of the support

obligation or any judgment.

D. The Director has the authority to enter orders in situations

as defined in Section 240.23 of this title, without the necessity of

obtaining an additional signature of a district or administrative

judge.

E. The Division is authorized to refer any judgment for child

support to the Secretary of Health and Human Services for passport

denial, revocation, restriction, or limitation pursuant to federal

law or regulation.
Okla. Stat. tit. 56, § 56-237.2 — OK Code / Title 56 / Section 56-237.2
Child Support Enforcement Division - Providing
Status: in_force

information to governmental and private entities by electronic

media.

Oklahoma Statutes - Title 56. Poor Persons Page 126

The Child Support Enforcement Division of the Department of

Human Services is authorized to provide information or referrals,

including but not limited to, income assignments, tax refund

offsets, liens and notices, by means of an abstract of the

information, which may be submitted to any governmental or private

entity by electronic media in the most economical, effective and

timely method, including on-line, real time access or various

methods of batch processing.
Okla. Stat. tit. 56, § 56-4002.12 — OK Code / Title 56 / Section 56-4002.12
Minimum rates of reimbursement – Value-based payment
Status: in_force

arrangements.

A. Until July 1, 2027, the Oklahoma Health Care Authority shall

establish minimum rates of reimbursement from contracted entities to

providers who elect not to enter into value-based payment

arrangements under subsection B of this section or other alternative

payment agreements for health care items and services furnished by

such providers to enrollees of the state Medicaid program. Except

as provided by subsection I of this section, until July 1, 2027,

such reimbursement rates shall be equal to or greater than:

1. For an item or service provided by a participating provider

who is in the network of the contracted entity, one hundred percent

(100%) of the reimbursement rate for the applicable service in the

applicable fee schedule of the Authority; or

2. For an item or service provided by a non-participating

provider or a provider who is not in the network of the contracted

entity, ninety percent (90%) of the reimbursement rate for the

applicable service in the applicable fee schedule of the Authority

as of January 1, 2021.

B. A contracted entity shall offer value-based payment

arrangements to all providers in its network capable of entering

into value-based payment arrangements. Such arrangements shall be

optional for the provider but shall be tied to reimbursement

incentives when quality metrics are met. The quality measures used

by a contracted entity to determine reimbursement amounts to

providers in value-based payment arrangements shall align with the

quality measures of the Authority for contracted entities.

C. Notwithstanding any other provision of this section, the

Authority shall comply with payment methodologies required by

federal law or regulation for specific types of providers including,

but not limited to, Federally Qualified Health Centers, rural health

clinics, pharmacies, Indian Health Care Providers and emergency

services.

D. A contracted entity shall offer all rural health clinics

(RHCs) contracts that reimburse RHCs using the methodology in place

for each specific RHC prior to January 1, 2023, including any and

all annual rate updates. The contracted entity shall comply with

all federal program rules and requirements, and the transformed

Medicaid delivery system shall not interfere with the program as

designed.

E. The Oklahoma Health Care Authority shall establish minimum

rates of reimbursement from contracted entities to Certified

Community Behavioral Health Clinic (CCBHC) providers who elect

Oklahoma Statutes - Title 56. Poor Persons Page 316

alternative payment arrangements equal to the prospective payment

system rate under the Medicaid State Plan.

F. The Authority shall establish an incentive payment under the

Supplemental Hospital Offset Payment Program that is determined by

value-based outcomes for providers other than hospitals.

G. Psychologist reimbursement shall reflect outcomes.

Reimbursement shall not be limited to therapy and shall include but

not be limited to testing and assessment.

H. Coverage for Medicaid ground transportation services by

licensed Oklahoma emergency medical services shall be reimbursed at

no less than the published Medicaid rates as set by the Authority.

All currently published Medicaid Healthcare Common Procedure Coding

System (HCPCS) codes paid by the Authority shall continue to be paid

by the contracted entity. The contracted entity shall comply with

all reimbursement policies established by the Authority for the

ambulance providers. Contracted entities shall accept the modifiers

established by the Centers for Medicare and Medicaid Services

currently in use by Medicare at the time of the transport of a

member that is dually eligible for Medicare and Medicaid.

I. 1. The rate paid to participating pharmacy providers is

independent of subsection A of this section and shall be the same as

the fee-for-service rate employed by the Authority for the Medicaid

program as stated in the payment methodology in OAC 317:30-5-78,

unless the participating pharmacy provider elects to enter into

other alternative payment agreements.

2. A pharmacy or pharmacist shall receive direct payment or

reimbursement from the Authority or contracted entity when providing

a health care service to the Medicaid member at a rate no less than

that of other health care providers for providing the same service.

J. Notwithstanding any other provision of this section,

anesthesia shall continue to be reimbursed equal to or greater than

the anesthesia fee schedule established by the Authority as of

January 1, 2021. Anesthesia providers may also enter into value-

based payment arrangements under this section or alternative payment

arrangements for services furnished to Medicaid members.

K. The Authority shall specify in the requests for proposals a

reasonable time frame in which a contracted entity shall have

entered into a certain percentage, as determined by the Authority,

of value-based contracts with providers.

L. Capitation rates established by the Oklahoma Health Care

Authority and paid to contracted entities under capitated contracts

shall be updated annually and in accordance with 42 C.F.R., Section

438.3. Capitation rates shall be approved as actuarially sound as

determined by the Centers for Medicare and Medicaid Services in

accordance with 42 C.F.R., Section 438.4 and the following:

Oklahoma Statutes - Title 56. Poor Persons Page 317

1. Actuarial calculations must include utilization and

expenditure assumptions consistent with industry and local

standards; and

2. Capitation rates shall be risk-adjusted and shall include a

portion that is at risk for achievement of quality and outcomes

measures.

M. The Authority may establish a symmetric risk corridor for

contracted entities.

N. The Authority shall establish a process for annual recovery

of funds from, or assessment of penalties on, contracted entities

that do not meet the medical loss ratio standards stipulated in

Section 4002.5 of this title.

O. 1. The Authority shall, through the financial reporting

required under subsection G of Section 4002.12b of this title,

determine the percentage of health care expenses by each contracted

entity on primary care services.

2. Not later than the end of the fourth year of the initial

contracting period, each contracted entity shall be currently

spending not less than eleven percent (11%) of its total health care

expenses on primary care services.

3. The Authority shall monitor the primary care spending of

each contracted entity and require each contracted entity to

maintain the level of spending on primary care services stipulated

in paragraph 2 of this subsection.
Okla. Stat. tit. 56, § 56-1003 — OK Code / Title 56 / Section 56-1003
Medicaid fraud control unit - Creation - Status - Power
Status: in_force

and authority - Attorney General's Medicaid Fraud Revolving Fund.

A. There is hereby created within the Office of the Attorney

General, a Medicaid fraud control unit.

B. The Medicaid fraud control unit shall be the state entity to

which all cases of suspected Medicaid fraud shall be referred by the

Oklahoma Health Care Authority or its fiscal agents for the purposes

of investigation, civil action, criminal action or referral to the

district attorney. Provided however, nothing contained in the

Oklahoma Medicaid Program Integrity Act shall prohibit the Oklahoma

Health Care Authority from investigating or additionally referring

to other proper law enforcement agencies cases of suspected Medicaid

Oklahoma Statutes - Title 56. Poor Persons Page 209

fraud, nor the Attorney General from pursuing cases of suspected

Medicaid fraud without a referral from the Oklahoma Health Care

Authority if there is credible evidence of fraud. The Oklahoma

Health Care Authority shall be authorized to require providers to

display information about how to report providers suspected of

fraudulent activity relating to the Oklahoma Medicaid Program. The

Oklahoma Health Care Authority shall require that signs be posted in

any and all locations where services provided by the Oklahoma

Medicaid Program are delivered to Medicaid recipients. The sign

shall make reference to the Attorney General’s Medicaid Fraud

Control Unit hotline and provide the current phone number for the

hotline, and shall be placed in a conspicuous location within a

provider’s office. The sign shall contain notification that all

reports to the hotline may be filed anonymously by persons

suspecting fraudulent activity.

C. 1. In carrying out these responsibilities, the Attorney

General shall have all the powers necessary to comply with federal

laws and regulations relative to the operation of a Medicaid fraud

unit, the power to cross-designate assistant United States attorneys

as assistant attorneys general, the power to investigate cases of

patient abuse, the power to issue or cause to be issued subpoenas or

other process in aid of investigations and prosecutions, the power

to administer oaths and take sworn statements under penalty of

perjury, the power to serve and execute in any county, search

warrants which relate to investigations authorized by the Oklahoma

Medicaid Program Integrity Act and shall have all the powers of a

district attorney.

2. Subpoenas ad testificandum or duces tecum issued pursuant to

the Oklahoma Medicaid Program Integrity Act may be served by the

Attorney General, any peace officer, or any competent person over

eighteen (18) years of age, and may require attendance or production

at any place in this state. A refusal to obey such subpoena, or

willful failure to appear, be sworn, testify, or produce records at

the place and time specified shall constitute contempt and shall be

enforced by the district court of the county where issued or the

county where served, at the election of the Attorney General, as if

it was a contempt on that court.

D. The Attorney General shall have authority to collect all

fines, penalties, amounts of restitution, or interest accruing on

any amount of restitution to be made and any penalties to be paid

from and after default in the payment thereof levied pursuant to the

provisions of the Oklahoma Medicaid Program Integrity Act, the

Oklahoma Medicaid False Claims Act, or any other charge, cause of

action, prelitigation settlement or other settlement which recovers

money wrongfully paid by the Oklahoma Health Care Authority on a

claim submitted to the Oklahoma Health Care Authority. However,

this subsection is not in any way intended to affect the contempt

Oklahoma Statutes - Title 56. Poor Persons Page 210

power of any court. Funds collected by the Attorney General

pursuant to this section shall be deposited as follows:

1. Restitution recovered and interest thereon shall be returned

to the Oklahoma Health Care Authority for deposit to the Oklahoma

Health Care Authority Medicaid Program Fund created pursuant to

Section 5020 of Title 63 of the Oklahoma Statutes;

2. Costs of investigation, litigation, attorney fees, and other

expenses shall be retained by the Office of the Attorney General and

shall be deposited in the Attorney General's Medicaid Fraud

Revolving Fund created pursuant to subsection E of this section; and

3. Fines and penalties and other funds recovered and interest

thereon shall be deposited in the Attorney General's Medicaid Fraud

Revolving Fund; provided, the balance in the Attorney General's

Medicaid Fraud Revolving Fund shall not exceed an amount equal to

fifty percent (50%) of the current-year budget for operating costs

of the Medicaid Fraud Control Unit. Any funds exceeding that amount

shall be deposited as follows:

a. seventy-five percent (75%) to the General Revenue

Fund, and

b. twenty-five percent (25%) to the Attorney General's

Evidence Fund created pursuant to Section 19 of Title

74 of the Oklahoma Statutes.

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

fund for the Office of the Attorney General, to be designated the

"Attorney General's Medicaid Fraud Revolving Fund". The fund shall

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

shall consist of any monies designated to the fund by law. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Attorney General for

activities related to the Medicaid Fraud Control Unit. 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.
Okla. Stat. tit. 56, § 56-167.1 — OK Code / Title 56 / Section 56-167.1
Request for financial records - Consent
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 51

The Department of Human Services, with the written consent of

the client, may request a copy of the financial records or any other

records specified in said written consent from a financial

institution or other agency regulated by federal or state law. The

request shall be for the purpose of investigating the eligibility of

the client for assistance or service from the Department. Said

financial institution or agency shall furnish said records at no

cost to the client or the Department. If the client refuses to sign

said written consent, then the Department shall refuse the client

assistance or service.
Okla. Stat. tit. 56, § 56-27.9 — OK Code / Title 56 / Section 56-27.9
Termination of agreement
Status: in_force

The Department of Public Welfare shall have the right to

terminate unilaterally any agreement entered into pursuant to this

act with the state or federal government or any agency thereof, a

county, city or municipal corporation whenever the community work

and training program contemplated by such agreement fails, for any

reason, to meet any of the provisions of law relating to community

work and training or the purposes thereof, or any rule or regulation

promulgated by the Department hereunder.
Okla. Stat. tit. 56, § 56-1011.8 — OK Code / Title 56 / Section 56-1011.8
Program to encourage use of primary care services in
Status: in_force

lieu of emergency room services.

A. The Oklahoma Health Care Authority and the State Department

of Health, subject to the availability of funds, may develop and

administer a program to encourage the timely and appropriate use of

primary care services in lieu of emergency room utilization. The

Authority and the Department may collaborate with city-county and

county health departments and other relevant stakeholders in the

Oklahoma Statutes - Title 56. Poor Persons Page 235

development of the program. The program may include, but not be

limited to, the implementation of:

1. Educational strategies to increase health literacy for

participants in the Oklahoma Medicaid Program;

2. Technology-based monitoring;

3. Co-payment structures and other payment arrangements; and

4. Other policy proposals to improve the delivery of health

care services to Medicaid enrollees.

B. The Oklahoma Health Care Authority may develop a pilot

program utilizing state-licensed health care professionals to

perform educational interventions with consumers who highly utilize

emergency room services or to perform other services to reduce

unnecessary emergency room visits.

C. The Oklahoma Health Care Authority shall develop and

implement a telephone information health line pilot program under

which physicians are available by telephone twenty-four (24) hours a

day to answer medical questions and provide health information for

the Medicaid population. If the Health Care Authority determines

that the pilot program reduces unnecessary emergency room visits and

the pilot program demonstrates a net cost-savings, the Health Care

Authority shall expand the program into a statewide initiative.

D. The Oklahoma Health Care Authority and the State Department

of Health shall evaluate and report findings relevant to the

provisions of subsection A of this section to the Governor and the

Legislature by January 1, 2019.
Okla. Stat. tit. 56, § 56-1002 — OK Code / Title 56 / Section 56-1002
Definitions
Status: in_force

As used in the Oklahoma Medicaid Program Integrity Act:

1. "Authority" means the Oklahoma Health Care Authority;

2. "Attorney General" means the Attorney General of this state,

his employees or his authorized representatives;

3. "Claim" means a communication, including written,

electronic, or magnetic, which is utilized to identify a good, item,

or service as reimbursable pursuant to the Oklahoma Medicaid

Program, or which states income or expense and is or may be used to

determine a rate of payment pursuant to the Oklahoma Medicaid

Program; and any application for payment by any person from the

Oklahoma Medicaid Program or its fiscal agents for each good or

service purported by any person to have been provided by any person

to any Medicaid recipient;

4. "Fiscal agents" means any individual, firm, corporation,

professional association, partnership, organization, or other legal

entity which, through a contractual relationship with the Oklahoma

Health Care Authority and, thereby, the State of Oklahoma, receives,

processes, and pays claims under the Oklahoma Medicaid Program;

5. "Kickback" means a return in any form by any individual,

company, corporation, partnership, or association of a part of an

expenditure made by a provider:

a. to the same provider,

b. to an entity controlled by the provider or,

c. to an entity which the provider intends to benefit

whenever such expenditure is reimbursed, or

reimbursable, or claimed by a provider as being

reimbursable by the Oklahoma Medicaid Program and when

the sum or value returned is not credited to the

benefit of the Oklahoma Medicaid Program;

6. "Medicaid recipient" means any individual in whose behalf

any person claimed or received any payment or payments from the

Oklahoma Medicaid Program or its fiscal agents, whether or not any

such individual was eligible for benefits under the Oklahoma

Medicaid Program;

Oklahoma Statutes - Title 56. Poor Persons Page 208

7. "Oklahoma Medicaid Program" means the state program

administered by the Oklahoma Health Care Authority pursuant to Title

XIX of the federal Social Security Act, which provides for payments

for medical goods or services on behalf of indigent families with

dependent children and of aged, blind, or disabled individuals whose

income and resources are insufficient to meet the cost of necessary

medical services;

8. "Person" means any Medicaid provider of goods or services or

any employee of such provider, whether that provider is an

individual, individual medical vendor, firm, corporation,

professional association, partnership, organization, or other legal

entity under the Oklahoma Medicaid Program, or any individual,

individual medical vendor, firm, corporation, professional

association, partnership, organization, other legal entity, or any

employee of such who is not a provider under the Oklahoma Medicaid

Program but who provides goods or services to a provider under the

Oklahoma Medicaid Program for which the provider submits claims to

the Oklahoma Medicaid Program or its fiscal agents;

9. "Provider" means any person who has applied to participate

or who participates in the Oklahoma Medicaid Program as a supplier

of a good or a service;

10. "Records" means all medical, professional, or business records

or documents relating to the treatment or care of any recipient, or

to a good or a service provided to any such recipient, or to rates

or amounts paid or claimed for such a good or a service including

but not limited to records of non-Medicaid goods or services to

verify rates or amounts; and any records required to be kept by the

Oklahoma Health Care Authority to be kept by any person; and

11. "Sign" means to affix a signature directly or indirectly by

means of handwriting, typewriter, signature stamp, computer impulse,

or other means recognized by Oklahoma Law.
Okla. Stat. tit. 56, § 56-4001.5 — OK Code / Title 56 / Section 56-4001.5
Exemption from levy and sale, garnishment, attachment
Status: in_force

and other processes – Exclusion from consideration for assistance or

benefits.

A. Account balances and distributions from savings accounts

established pursuant to this act shall be exempt from levy and sale,

garnishment, attachment or any other process whatsoever and shall be

unassignable.

B. Money and assets residing in an account established pursuant

to this act or residing in an ABLE account established in another

state shall not be considered for purposes of determining

eligibility for assistance or benefits or for determining the amount

of assistance or benefits to be received from the Temporary

Assistance for Needy Families program or from any other local or

state means-tested public assistance programs.
Okla. Stat. tit. 56, § 56-4002.12b — OK Code / Title 56 / Section 56-4002.12b
Oklahoma Health Care Authority to ensure
Status: in_force

sustainability.

A. The Oklahoma Health Care Authority shall ensure the

sustainability of the transformed Medicaid delivery system.

B. The Authority shall ensure that existing revenue sources

designated for the state share of Medicaid expenses are designed to

maximize federal matching funds for the benefit of providers and the

state.

Oklahoma Statutes - Title 56. Poor Persons Page 318

C. The Authority shall develop a plan, utilizing waivers or

Medicaid state plan amendments as necessary, to preserve or increase

supplemental payments available to providers with existing revenue

sources as provided in the Oklahoma Statutes including, but not

limited to:

1. Hospitals that participate in the supplemental hospital

offset payment program as provided by Section 3241.3 of Title 63 of

the Oklahoma Statutes;

2. Hospitals in this state that have Level I trauma centers, as

defined by the American College of Surgeons, that provide inpatient

and outpatient services, along with comprehensive pediatric

services, and are owned, operated, or in partnership with the

University Hospitals Trust or the Oklahoma State University Medical

Trust, or affiliates or locations of those hospitals designated by

the University Hospitals Trust or the Oklahoma State University

Medical Trust as part of the hospital trauma system. The qualified

entities in the Oklahoma City metropolitan area shall be a hospital

owned, operated, or in partnership with the University Hospitals

Authority or University Hospitals Trust. The qualified entities in

the Tulsa metropolitan area shall be a hospital owned, operated, or

in partnership with the Oklahoma State University Medical Authority,

or Oklahoma State University Medical Trust; and

3. Providers employed by or contracted with, or otherwise a

member of the faculty practice plan of:

a. a public, accredited Oklahoma medical school, or

b. a hospital or health care entity directly or

indirectly owned or operated by the University

Hospitals Trust or the Oklahoma State University

Medical Trust.

D. Subject to approval by the Centers for Medicare and Medicaid

Services, the Authority shall preserve and, to the maximum extent

permissible under federal law, improve existing levels of funding

through directed payments or other mechanisms outside the capitated

rate to contracted entities, including, where applicable, the use of

a directed payment program with an average commercial rate

methodology under the Supplemental Hospital Payment Program Act.

E. On or before January 31, 2023, the Authority shall submit a

report to the Oklahoma Health Care Authority Board, the Chair of the

Appropriations Committee of the Oklahoma State Senate, and the Chair

of the Appropriations and Budget Committee of the Oklahoma House of

Representatives that includes the Authority's plans to continue

supplemental payment programs and implement a managed care directed

payment program for hospital services that complies with the reforms

required by this act. If Medicaid-specific funding cannot be

maintained as currently implemented and authorized by state law, the

Authority shall propose to the Legislature any modifications

Oklahoma Statutes - Title 56. Poor Persons Page 319

necessary to preserve supplemental payments and managed care

directed payments to prevent budgetary disruptions to providers.

F. The Authority shall submit a report to the Governor, the

President Pro Tempore of the Oklahoma State Senate and the Speaker

of the Oklahoma House of Representatives that includes at a minimum:

1. A description of the selection process of the contracted

entities;

2. Plans for enrollment of Medicaid members in health plans of

contracted entities;

3. Medicaid member network access standards;

4. Performance and quality metrics;

5. Maintenance of existing funding mechanisms described in this

section;

6. A description of the requirements and other provisions

included in capitated contracts; and

7. A full and complete copy of each executed capitated

contract.

G. 1. Each contracted entity shall report to the Authority in

time intervals determined by the Authority and through a process

determined by the Authority all claims data, expenditures, and such

other financial reporting information as may be required by the

Authority.

2. The Authority shall compile and analyze the information

described in paragraph 1 of this subsection and annually submit a

report summarizing such information, devoid of any personally

identifying information, to the President Pro Tempore of the Senate,

the Speaker of the House of Representatives, and the Oklahoma Health

Care Authority Board.
Okla. Stat. tit. 56, § 56-112 — OK Code / Title 56 / Section 56-112
Supervision of treatment of patients
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 33

The board of county commissioners shall provide for and

supervise the treatment of said patients residing in the indigent

care facility in a manner provided by law and under such

restrictions as the board of county commissioners shall consider

most advantageous for the interests of their respective counties and

the welfare of the people therein.
Okla. Stat. tit. 56, § 56-124 — OK Code / Title 56 / Section 56-124
Procedure - Bids - Report to district judge
Status: in_force

Bids for said real estate shall be in writing, sealed and

delivered to the county clerk of such county and by him preserved

unopened, until the next regular meeting of the board of county

commissioners, at which time said board shall open such bids and

award the said real estate to the highest and best bidder for the

same and file a report of such sale with the judge of the district

court for approval and confirmation; provided that such real estate

shall not be sold for less than ninety percent (90%) of its

appraised value, and the board of county commissioners shall have

the power to reject any and all bids.
Okla. Stat. tit. 56, § 56-255 — OK Code / Title 56 / Section 56-255
Contracts with fiduciary organizations - Evaluation
Status: in_force

criteria - Responsibilities - Grants.

A. The Department of Human Services shall enter into contracts

with one or more fiduciary organizations pursuant to the provisions

of this section, in such a manner that every qualified resident of

the state has access to at least one fiduciary organization for the

purpose of opening an individual development account. An

organization based in this state which desires to enter into such a

contract shall submit a proposal to the Department for the right to

be approved as a fiduciary organization. Such proposals shall be

made upon forms prescribed by the Department and shall contain such

information as the Department may require.

Oklahoma Statutes - Title 56. Poor Persons Page 186

B. Organizations' proposals shall be evaluated and contracts

awarded by the Department on the basis of such items as geographic

diversity and an organization's:

1. Ability to market the project to potential account holders;

2. Ability to leverage additional matching and operating funds;

3. Ability to provide safe and secure investments for

individual accounts;

4. Overall administrative capacity, including but not limited

to the certifications or verifications required to assure compliance

with eligibility requirements, authorized uses of the accounts,

matching contributions by individuals or businesses, and penalties

for unauthorized distributions;

5. Capacity to provide financial counseling and other related

service to potential participants;

6. Links to other activities designed to increase the

independence of individuals and families through home ownership,

small business development, enhanced education and training, saving

for retirement, and automobile purchase; and

7. Operating costs.

Responsibilities of a fiduciary organization shall include, but

not be limited to, marketing participation, soliciting matching

contributions, counseling project participants, conducting basic

economic and financial literacy training and IDA use training for

project participants, and conducting required verification and

compliance activities. Neither a fiduciary organization nor an

employee of or person associated with a fiduciary organization shall

receive anything of value, other than compensation for services, for

any act performed in connection with the establishment of an IDA or

in furtherance of the provisions of this act.

C. For each contract entered into pursuant to the provisions of

this section, the Department shall make a grant to the qualified

fiduciary organization not later than April 1 of each year. The

amount of any single grant made shall not exceed one-fourth of the

amount of funds in the IDA Revolving Fund created in Section 10 of

this act at the time the grant is made. The fiduciary organization

shall use not less than eighty-five percent (85%) for matching funds

and not more than fifteen percent (15%) for operating costs.
Okla. Stat. tit. 56, § 56-247 — OK Code / Title 56 / Section 56-247
Quarterly review of eligibility – Notice of discrepancy or
Status: in_force

change.

Oklahoma Statutes - Title 56. Poor Persons Page 180

A. On a quarterly basis, the Oklahoma Health Care Authority

shall receive and review information concerning individuals enrolled

in Medicaid that indicates a change in circumstances that may affect

eligibility, excluding those individuals who would be eligible under

the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and

excluding those individuals with intellectual disabilities receiving

Home and Community Based Medicaid waiver and state-funded services.

B. The information provided to the Authority shall include, but

is not limited to:

1. Earned and unearned income;

2. Employment status and changes in employment;

3. Residency status;

4. Enrollment status in other state-administered public

assistance programs;

5. Financial resources;

6. Incarceration status;

7. Death records;

8. Lottery winnings; and

9. Enrollment status in public assistance programs outside of

this state.

C. The Authority shall sign a memorandum of understanding with

any department, agency or division for information detailed in

subsection B of this section.

D. The Authority shall contract with one or more independent

vendors to provide information detailed in subsection B of this

section. Any contract entered under this subsection shall establish

annualized savings that exceed the contract's total annual cost to

the state.

E. The Authority shall explore joining any multistate

cooperative to identify individuals who are also enrolled in public

assistance programs outside of this state, including the National

Accuracy Clearinghouse.

F. Nothing in this section shall preclude the Authority from

receiving or reviewing additional information related to eligibility

not detailed in this section or from contracting with one or more

independent vendors to provide additional information not detailed

in this section.

G. If the Authority receives information concerning an

individual enrolled in Medicaid that indicates a change in

circumstances that may affect eligibility, the Authority shall

review the individual's case using the following procedures:

1. If the information does not result in the Authority finding

a discrepancy or change in an individual's circumstances that may

affect eligibility, the Authority shall take no further action;

2. If the information results in the Authority finding a

discrepancy or change in an individual's circumstances that may

Oklahoma Statutes - Title 56. Poor Persons Page 181

affect eligibility, the Authority shall promptly redetermine

eligibility after receiving such information;

3. If the information results in the Authority finding a

discrepancy or change in an individual's circumstances that may

affect eligibility, the individual shall be given an opportunity to

explain the discrepancy; provided, however, that self-declarations

by applicants or recipients shall not be accepted as verification;

4. The Authority shall provide notice to the individual which

shall describe in sufficient detail the circumstances of the

discrepancy or change, the manner in which the applicant or

recipient may respond, and the consequences of failing to take

action. The applicant or recipient shall have ten (10) business

days to respond in an attempt to resolve the discrepancy or change.

The explanation provided by the recipient or applicant shall be

given in writing. After receiving the explanation, the Authority

may request additional documentation if it determines that there is

risk of fraud, misrepresentation or inadequate documentation;

5. If the individual does not respond to the notice, the

Authority shall discontinue assistance for failure to cooperate, in

which case the Authority shall provide notice of intent to

discontinue assistance. Eligibility for assistance shall not be

established or reestablished until the discrepancy or change has

been resolved;

6. If an individual responds to the notice and disagrees with

the findings, the Authority shall reinvestigate the matter. If the

Authority finds that there has been an error, the Authority shall

take immediate action to correct it and no further action shall be

taken. If, after an investigation, the Authority determines that

there is no error, the Authority shall determine the effect on the

individual's case and take appropriate action. Written notice of

the Authority action shall be given to the individual; and

7. If the individual agrees with the findings, the Authority

shall determine the effect on the individual's case and take

appropriate action. Written notice of the Authority action shall be

given to the individual. In no case shall the Authority discontinue

assistance upon finding a discrepancy or change in circumstances

until the individual has been given notice of the discrepancy and

the opportunity to respond as required under the HOPE Act.
Okla. Stat. tit. 56, § 56-123 — OK Code / Title 56 / Section 56-123
Publication of notice
Status: in_force

Upon the return of the appraisement as provided for in Section 2

of this act, the board of county commissioners shall give notice of

such sale by publication in some newspaper of general circulation in

the county for a period of thirty (30) days.
Okla. Stat. tit. 56, § 56-238.5A — OK Code / Title 56 / Section 56-238.5A
Use of child support guidelines
Status: in_force

The amount of child support and other support shall be ordered

and reviewed in accordance with the child support guidelines

provided in Section 118 of Title 43 of the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-26.17 — OK Code / Title 56 / Section 56-26.17
Department of Human Services - Classification of
Status: in_force

employees.

A. The Director of Human Services shall have the power to

employ and fix the qualifications, duties, and compensation of

employees necessary to the fulfillment of the duties of the

Department of Human Services as provided by law, and shall have the

power to approve any legal claim for payment.

B. The Department of Human Services shall be a Merit System

agency. The provisions of this section shall supersede and revoke

any and all Executive Orders placing the Department of Human

Services or its predecessors under the provisions of the Merit

System of Personnel Administration.

C. In addition to offices, positions, and personnel in the

unclassified service pursuant to Sections 840-5.3 and 840-5.5 of

Title 74 of the Oklahoma Statutes, the following offices, positions,

and personnel shall be in the unclassified service:

1. Campus police appointed pursuant to Section 162.2 of this

title;

2. The legal division or unit established pursuant to Section

236 of this title;

3. The Construction Unit and the Architectural and Engineering

Unit or their successor units; and

4. A maximum of ten percent (10%) of the maximum number of

full-time-equivalent positions authorized by law to the Department

of Human Services and selected at the discretion of the Director of

the Department of Human Services. Employees retained in the

unclassified service under the provisions of this section shall be

employees at will. Any classified employee occupying a position

selected by the Director pursuant to this paragraph to become an

unclassified position may elect to retain classified status. All

future appointees to such position shall be in the unclassified

service. The Director shall submit a list of such positions to the

Oklahoma Statutes - Title 56. Poor Persons Page 17

Office of Management and Enterprise Services by September 1, 2004,

and annually thereafter.

D. All other offices, positions and personnel of the Department

of Human Services shall be classified and subject to the provisions

of the Merit System of Personnel Administration, as provided in the

Oklahoma Personnel Act and rules promulgated thereunder.
Okla. Stat. tit. 56, § 56-230.17 — OK Code / Title 56 / Section 56-230.17
Renumbered as § 230.64 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-1011.1 — OK Code / Title 56 / Section 56-1011.1
Short title
Status: in_force

Sections 1 through 10 of this act shall be known and cited as

the “Oklahoma Medicaid Reform Act of 2006”.
Okla. Stat. tit. 56, § 56-412.1 — OK Code / Title 56 / Section 56-412.1
Renumbered as § 3221.1 of Title 63 by Laws 1994, c. 283,
Status: in_force

§ 21, eff. Sept. 1, 1994.
Okla. Stat. tit. 56, § 56-230.13 — OK Code / Title 56 / Section 56-230.13
Renumbered as § 230.67 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-58 — OK Code / Title 56 / Section 56-58
Definitions
Status: in_force

As used in the Oklahoma Indigent Health Care Act:

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

2. "Indigent" or "medically indigent" means a person or head of

household:

a. (1) with an income less than or equal to the poverty

level as designated by the latest decennial

census and insufficient personal resources to

provide for needed medical care for himself or

his dependents, and

(2) who requires medically necessary hospital or

primary health care services for himself or his

Oklahoma Statutes - Title 56. Poor Persons Page 24

dependents for which no public or private third-

party coverage is available, and

(3) who has made no assignment, transfer, or

encumbrance of property for the purpose of

establishing eligibility for services pursuant to

a state or federal medical program or the

Oklahoma Indigent Health Care Act at any time

within the last twenty-four (24) months, or

b. with an occurrence of a catastrophic injury or illness

to himself or a dependent resulting in noncovered

incurred medical debt for hospital services or for

physician and drug costs related to a hospital stay

which exceed fifty percent (50%) of the gross annual

income of a person or head of household. Insurance

benefits for the medical debt shall be first

exhausted;

3. "Hospital" means "hospital" as that term is defined in

Section 1-701 of Title 63 of the Oklahoma Statutes;

4. "Clinic" means a health care facility separate from a

hospital which provides outpatient medical services to patients and

has a patient mix of at least fifty-one percent (51%) indigent

persons;

5. "Patient mix" means the composition of the patient

population based on information regarding the payor source.
Okla. Stat. tit. 56, § 56-530.6 — OK Code / Title 56 / Section 56-530.6
Investigations, examinations, and inspections -
Status: in_force

Authority of state agencies - Confidentiality.

A. The Department of Human Services shall have authority at any

reasonable time to investigate and examine the conditions of any

home which receives and cares for adults with intellectual or

developmental disabilities. The Department shall have authority at

any time to require the home to provide information pertaining to

adults with intellectual or developmental disabilities in its care.

B. The State Department of Health may visit any home at the

request of the Department to advise on matters affecting the health

of adults with intellectual or developmental disabilities and to

inspect the sanitation of the buildings used for their care.

C. The State Bureau of Investigation and the State Fire Marshal

shall visit any home at the request of the Department to advise on

matters affecting the safety of adults with intellectual or

developmental disabilities and to inspect the condition of the

buildings in which their care is provided.

D. Information obtained by the Department from any home

regarding adults with intellectual or developmental disabilities

shall be deemed confidential, and shall be properly safeguarded, and

Oklahoma Statutes - Title 56. Poor Persons Page 200

shall not be accessible to anyone except as herein provided unless

upon order of a court of competent jurisdiction.
Okla. Stat. tit. 56, § 56-1007.4 — OK Code / Title 56 / Section 56-1007.4
Promulgation of rules to investigate complaints
Status: in_force

The Oklahoma Health Care Authority shall promulgate rules to

investigate complaints pursuant to the Defunding Statutory Rape

Cover-up Act. Nothing in the Defunding Statutory Rape Cover-up Act

shall preclude the Oklahoma Attorney General or any district

attorney with jurisdiction from prosecuting violations of the

Defunding Statutory Rape Cover-up Act.
Okla. Stat. tit. 56, § 56-4002.10 — OK Code / Title 56 / Section 56-4002.10
Readiness review
Status: in_force

The Oklahoma Health Care Authority shall require all contracted

entities to participate in a readiness review in accordance with 42

C.F.R., Section 438.66. The readiness review shall assess the

ability and capacity of the contracted entity to perform

satisfactorily in such areas as may be specified in 42 C.F.R.,

Section 438.66.
Okla. Stat. tit. 56, § 56-237 — OK Code / Title 56 / Section 56-237
Support collection, parent location and paternity
Status: in_force

determination services.

A. The Oklahoma Department of Human Services, hereinafter

referred to as "Department", as the single state agency designated

to administer a statewide plan for child support, is authorized, in

accordance with Title IV, Part D, of the Federal Social Security

Act, as amended, 42 U.S.C., Section 651 et seq., to provide child

support services, parent location services, and paternity

determination services to enable participation in programs

established by federal law.

B. The Department is authorized to:

1. Accept, transfer, and expend funds made available by the

government of the United States, the State of Oklahoma, and public

or private sources, for the purpose of carrying out the provisions

of this section;

2. Adopt rules for child support services;

3. Initiate legal actions and appeal orders as necessary to

implement the provisions of this section;

Oklahoma Statutes - Title 56. Poor Persons Page 123

4. Enter into contracts or agreements necessary to administer

this section; and

5. Require agencies and political subdivisions of this state,

its counties and municipalities, persons, sole proprietorships,

corporations, utilities, partnerships, associations, organizations,

and other legal entities doing business in this state to provide

information to the Child Support Enforcement Division to assist in

locating individuals and in establishing and enforcing court orders.

C. 1. An applicant for or recipient of Temporary Assistance

for Needy Families, hereinafter referred to as "recipient", shall be

required to assign to the Department any rights to or support from

any other person which the recipient may have or for a child for

whom the recipient is applying or receiving assistance in accordance

with federal regulations and state law.

2. When an order has been entered which provides for payment of

child support and the obligee pursuant to the order relinquishes

physical custody of the child to another custodian, without

obtaining a modification of the order to change custody or to

redirect the support to the new custodian, the relinquishment shall

transfer the child support obligation pursuant to the order to the

new custodian or the Department if services are being provided under

the state child support plan as provided in this section. The

transfer of the obligation shall terminate when the new custodian no

longer has physical custody of the child, except for the amount of

unpaid support still owing to the custodian or to the Department.

3. In all cases in which support services are being provided

under the state child support plan as provided in this section,

support payments shall be made by the obligor to the Department or

its designee. If a court has ordered support payments to be made to

the recipient or to the applicant, the Department may send a notice

of the assignment or application to the obligor requiring that all

support payments be made to the Division or its designee. The

notice shall include:

a. a statement that the assignment or application has

been made,

b. the style and number of the case in which support was

ordered,

c. a statement that all payments so ordered shall be made

to the Department or its designee, and

d. a statement that the earnings and income of the

obligor are assigned for collection of support monies

owed.

4. A notice to redirect the payments shall be sent to the

obligor by regular mail with proof of mailing from the United States

Postal Service. If, after notice of the redirection, the obligor

does not make payments to the Department as provided in the notice,

the payments shall not be credited to the amount owed. The obligor

Oklahoma Statutes - Title 56. Poor Persons Page 124

shall notify the Department of any change of address, the name and

address of the current employer, and access to health insurance and

other insurance policy information within thirty (30) days of any

change.

D. When the right to receive support has been assigned to the

Child Support Enforcement Division or upon proper application by an

obligor or by an individual not receiving Temporary Assistance for

Needy Families, the Division may petition the district court or the

Office of Administrative Hearings: Child Support, an administrative

court of the Oklahoma Department of Human Services, for an order:

1. Requiring the obligor to provide health insurance for the

dependent children whenever it is available through employment or

other group plan regardless of whether the obligor has insurance

coverage available at that time or there has been a change of

circumstances;

2. Establishing paternity;

3. Requiring medical support, child support, or other support;

4. Enforcing orders for paternity, medical support, child

support, or other support;

5. Requiring that the obligor keep the Division informed of the

name and address of the current employer of the obligor and of any

health insurance or other insurance policy information of the

obligor within thirty (30) days of any change;

6. Providing for collection and distribution of child support

monies; and

7. Assisting in the location of absent parents and their

assets, in cooperation with federal agencies, other agencies of this

state and of other states, territories, and foreign nations

requesting assistance with the enforcement of support orders entered

in the United States and elsewhere.

E. The Division may petition the district or administrative

court to modify any order for support regardless of whether there

has been a change of circumstances.

F. A reasonable fee and costs may be assessed for services to

individuals not receiving Temporary Assistance for Needy Families

nor receiving any other services or programs funded by Title IV,

Part A of the Federal Social Security Act, as amended, 42 U.S.C.,

Sections 602 through 619 pursuant to rules adopted by the

Department. Any new or increased fee or cost provided by this

subsection shall require approval by the Legislature.

G. Child support payments made to the Division pursuant to this

section shall be deposited in the Child Support Escrow Account for

distribution as may be required by Section 235 of this title, or by

42 U.S.C., Section 651 et seq. Fees or reimbursements of costs

collected by the Department shall be deposited in the Administration

Fund of the Department and may be used and expended by the

Oklahoma Statutes - Title 56. Poor Persons Page 125

Department for the purposes of carrying out the provisions of this

section.

H. Except as otherwise authorized by law, all files and records

concerning the assistance and services provided under this section

or concerning a putative father of a child born out of wedlock are

confidential. Release of information from the files and records

shall be consistent with federal law and shall be restricted to

purposes directly connected with the administration of the child

support collection, paternity determination, parent location, or

other public assistance programs. Information may be released to

public officials under rules adopted by the Department, consistent

with federal rules or regulations.
Okla. Stat. tit. 56, § 56-230.10 — OK Code / Title 56 / Section 56-230.10
Renumbered as § 230.58 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-237.9a — OK Code / Title 56 / Section 56-237.9a
Electronic transmittal of documents, electronic
Status: in_force

signature - Rules.

A. The Office of Administrative Hearings (OAH) may allow

electronic transmittals of documents and electronic signatures if

safeguards are in place to protect against unauthorized use. If a

law requires a signature or record to be notarized, acknowledged,

verified, or made under oath when filed with OAH, the requirement is

satisfied if the electronic signature of the person authorized to

perform those acts, together with all other information required to

be included by other applicable law, is attached to or logically

associated with the signature or record.

B. The Commission for Human Services shall promulgate rules to

implement electronic filing and signatures for OAH.
Okla. Stat. tit. 56, § 56-198.11b — OK Code / Title 56 / Section 56-198.11b
Public policy - Strategic Planning Committee on the
Status: in_force

Olmstead Decision.

A. It is the public policy of the State of Oklahoma to:

1. Recognize and support individuals with disabilities by

treating them with dignity and respect as productive members of our

society in Oklahoma;

Oklahoma Statutes - Title 56. Poor Persons Page 69

2. Acknowledge their contributions as productive and

independent citizens in the state and the useful work they perform

in their local communities;

3. Support a service delivery system for individuals with

disabilities ensuring that the individuals, their families, or

guardians are well informed as to the types of services and

resources available to such individuals in order to encourage their

independence, self-esteem, and self-worth, regardless of the

severity of the disability; and

4. Recognize that self-choice on the part of individuals with

disabilities is critical and that the most appropriate setting for

meeting their needs should be a paramount consideration when

determining appropriate placement of such individuals in community-

based programs, residential care facilities, or any other placement

or service that benefits the needs and well-being of individuals

with disabilities.

B. There is hereby created the Strategic Planning Committee on

the Olmstead Decision to continue until July 1, 2010. The purpose

of the Committee is to monitor the implementation of the

comprehensive, strategic plan for the State of Oklahoma regarding

the Olmstead Decision.

C. The Strategic Planning Committee on the Olmstead Decision

shall be composed of fifteen (15) appointed members, eighteen (18)

ex officio members, and representatives from disability-related

organizations, all of whom shall be voting members, as follows:

1. a. The Governor shall appoint:

(1) one person who is a community placement service

provider for persons with disabilities,

(2) one person who is an advocate for persons with

disabilities,

(3) one parent or personal representative of a person

with disabilities,

(4) one member from an organization that provides

direct care services within the Advantage Waiver

Program, and

(5) one member who is a consumer of disability

services.

b. The President Pro Tempore of the Senate shall appoint:

(1) two members of the State Senate,

(2) two members who are consumers of disability

services, and

(3) one member with a disability who has moved from

an institutional setting into the community.

c. The Speaker of the House of Representatives shall

appoint:

(1) two members of the House of Representatives,

Oklahoma Statutes - Title 56. Poor Persons Page 70

(2) one parent or personal representative of a person

with disabilities,

(3) one member who is a consumer of disability

services, and

(4) one member with a disability who has moved from

an institutional setting into the community;

2. The ex officio voting members shall be:

a. the Attorney General, or designee,

b. the Director of the Department of Human Services, or

designee,

c. the Division Director of the Developmental

Disabilities Division of the Department of Human

Services, if not the designee of the Director of Human

Services,

d. the State Commissioner of Health, or designee,

e. the Commissioner of the Department of Mental Health

and Substance Abuse Services, or designee,

f. the Administrator of the Oklahoma Health Care

Authority, or designee,

g. the Director of the Office of Management and

Enterprise Services, or designee,

h. the Director of the State Department of Rehabilitation

Services, or designee,

i. the Director of the Office of Disability Concerns, or

designee,

j. the Director of the Oklahoma Employment Security

Commission, or designee,

k. the state coordinator for the federal Ticket To Work

and Work Incentive Act, if not the designee of the

Oklahoma Employment Security Director,

l. the Executive Director of a local housing authority,

or designee,

m. the Executive Director of the Oklahoma Housing Finance

Agency, or designee,

n. the State Superintendent of Public Instruction, or

designee,

o. the Director of the Department of Transportation, or

designee,

p. the Commissioner of Labor, or designee,

q. a representative from a local transit authority, or

from a Community Action Agency, that provides

transportation services to individuals with

disabilities, and

r. the Director of the Oklahoma Commission on Children

and Youth, or designee; and

3. The membership shall also include as voting members:

Oklahoma Statutes - Title 56. Poor Persons Page 71

a. one representative from the Developmental Disabilities

Council,

b. one representative from the Statewide Independent

Living Council,

c. two representatives from the Centers for Independent

Living,

d. one representative from the Center for Learning and

Leadership,

e. one representative from the Oklahoma Disability Law

Center,

f. one representative from ABLE-Tech,

g. one representative from the Oklahoma Mental Health

Consumer Council, and

h. a representative of a nonprofit agency, in a county of

five hundred thousand (500,000) or more population,

that collaborates on programs and services for persons

with disabilities.

D. 1. Members shall serve at the pleasure of their appointing

authorities. A vacancy on the Committee shall be filled by the

original appointing authority.

2. A majority of the members of the Committee shall constitute

a quorum. A majority of the members present at a meeting may act

for the Committee.

3. The President Pro Tempore and the Speaker shall each

designate a cochair from among the members of the Committee.

4. The cochairs of the Committee shall annually establish a

schedule of each year's meetings. The Committee shall meet at least

four times annually.

5. Proceedings of all meetings of the Committee shall comply

with the provisions of the Oklahoma Open Meeting Act.

6. The Committee may divide into subcommittees in furtherance

of its purpose.

E. 1. The Department of Human Services and the Office of the

Attorney General shall serve as lead agencies and as such shall

provide primary staffing for the Committee. Appropriate personnel

from the Oklahoma Health Care Authority and the Department of Mental

Health and Substance Abuse Services shall also assist with the work

of the Committee.

2. The Committee may use the expertise and services of the

staffs of the State Senate and the House of Representatives and may,

as necessary, employ and contract for the advice and services of

experts in the field as well as other necessary professional and

clerical staff.

F. All departments, officers, agencies, and employees of this

state shall cooperate with the Committee in fulfilling its duties

and responsibilities including, but not limited to, providing any

information, records, or reports requested by the Committee.

Oklahoma Statutes - Title 56. Poor Persons Page 72

G. Members of the Committee shall receive no compensation for

their service, but shall receive travel reimbursement as follows:

1. Legislative members of the Committee shall be reimbursed for

necessary travel expenses incurred in the performance of their

duties in accordance with the provisions of Section 456 of Title 74

of the Oklahoma Statutes; and

2. Nonlegislative members of the Committee shall be reimbursed

by their appointing authorities or respective agencies for necessary

travel expenses incurred in the performance of their duties in

accordance with the State Travel Reimbursement Act.

H. The duties and responsibilities of the Strategic Planning

Committee on the Olmstead Decision shall include, but need not be

limited to:

a. monitoring the implementation of the comprehensive,

strategic plan for Oklahomans with disabilities,

pursuant to the Olmstead Decision,

b. reviewing the service delivery system within the state

and the way in which persons with disabilities

currently access the services,

c. reviewing existing statutes, policies, programs,

services and funding sources that affect Oklahomans

with disabilities, including, but not limited to,

identifying unique approaches and strategies to

funding,

d. identifying and reviewing funding and resource

information available to persons with disabilities and

their families in this state,

e. identifying gaps and barriers in programs and services

to individuals with disabilities and making any

recommendations to enhance programs and the delivery

system for persons with disabilities in Oklahoma,

f. examining the feasibility of expanding the eligibility

criteria for people served by the Developmental

Disabilities Services Division of the Department of

Human Services to include people with disabilities who

are not eligible for the Advantage Waiver program

through the Aging Services Division and those with

other diagnoses who are at risk of out-of-home

placement,

g. studying the feasibility and impact of requiring that

assistive technology suppliers in this state meet

national certification requirements, and

h. taking all other actions necessary to monitor and

assist with the implementation of the comprehensive

strategic plan.

I. The Committee shall prepare and submit a report of its

findings and recommendations to the Legislature and Governor by July

Oklahoma Statutes - Title 56. Poor Persons Page 73

15, 2007, and each July 15 thereafter, and shall submit a final

report by July 1, 2010.
Okla. Stat. tit. 56, § 56-1017.7 — OK Code / Title 56 / Section 56-1017.7
Administering PACE agreements
Status: in_force

A. As used in this section:

1. “PACE” stands for programs of all-inclusive care for the

elderly; and

2. The terms “PACE program agreement”, “PACE organization”,

“participant” and “state administering agency” have the same meaning

as provided by 42 C.F.R., Section 460.6.

B. The Oklahoma Health Care Authority shall serve as the state

administering agency responsible for administering PACE program

agreements under 42 C.F.R., Part 460, Subpart C.

C. The Authority shall enforce the federal regulations of the

Centers for Medicare and Medicaid Services governing PACE codified

at 42 C.F.R., Part 460. The Authority shall have all the powers and

Oklahoma Statutes - Title 56. Poor Persons Page 251

duties provided to the state administering agency under 42 C.F.R.,

Part 460.

D. PACE organizations shall be exempt from licensure by the

State Department of Health under the Home Care Act, the Adult Day

Care Act, or any other act that governs a different type of facility

or provider. This subsection shall not be construed to prevent the

Department from enforcing such acts with respect to facilities or

providers contracted by the PACE organization to provide services to

PACE program participants.

E. The Authority may, as necessary, execute an interagency

agreement with the State Department of Health to carry out any of

the functions of the state administering agency under 42 C.F.R.,

Part 460.

F. The Oklahoma Health Care Authority Board may promulgate

rules as necessary to implement this section.
Okla. Stat. tit. 56, § 56-245 — OK Code / Title 56 / Section 56-245
Short title - Creation of committee - Purpose - Membership
Status: in_force

- Meetings - Expenses.

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

Food Security Act”.

Oklahoma Statutes - Title 56. Poor Persons Page 177

B. There is hereby created the Oklahoma Food Security Committee

to continue until December 31, 2012. The purpose of the Committee

is to identify, implement and monitor ways to:

1. Coordinate services among federal, state, faith-based and

nonprofit organizations;

2. Extend existing programs and outreach efforts to serve more

people;

3. Involve schools in identifying and improving students’

access to sufficient and nutritious food;

4. Connect eligible hungry people with existing programs;

5. Support community food security initiatives in Oklahoma

communities and encourage food production on the local level;

6. Encourage the use of home and community gardens for food

production;

7. Support efforts to provide farmers’ markets with the

technology for accepting food stamps;

8. Collect and compile detailed county and community data

relating to food security issues;

9. Apply for the Special Supplemental Nutrition Program for

Women, Infants, and Children (WIC) and Senior Farmers’ Market

Nutrition Programs in Oklahoma;

10. Support creative transportation methods for connecting at-

risk populations with nutritious foods; and

11. Eliminate sales tax at farmers’ markets.

C. The Committee shall be composed of seventeen (17) members as

follows:

1. The Secretary of Health or a designee;

2. The Director of the Department of Human Services or a

designee;

3. The State Commissioner of Health or a designee;

4. The Commissioner of Mental Health and Substance Abuse

Services or a designee;

5. The Director of the Oklahoma Health Care Authority or a

designee;

6. The State Superintendent of Public Instruction or a

designee;

7. The Secretary of the Oklahoma Department of Agriculture,

Food, and Forestry or a designee;

8. The Director of the Oklahoma Department of Commerce or a

designee;

9. One member appointed by the Governor from a list submitted

by a nonprofit regional food bank organization representing central

and western Oklahoma;

10. One member appointed by the Governor from a list submitted

by a nonprofit regional food bank organization representing eastern

Oklahoma;

Oklahoma Statutes - Title 56. Poor Persons Page 178

11. One member appointed by the Governor from a list submitted

by a statewide organization of child advocates;

12. Two members appointed by the President Pro Tempore of the

Senate representing faith-based organizations involved in hunger

programs;

13. One member appointed by the President Pro Tempore from a

list submitted by a comprehensive antipoverty agency whose mission

is to help families in need achieve self-sufficiency;

14. One member appointed by the Speaker of the House of

Representatives from a list submitted by a statewide organization

representing senior citizens;

15. One member appointed by the Speaker of the House of

Representatives from a list submitted by a nonprofit educational

organization that assists in developing sustainable food and farming

systems; and

16. One member appointed by the Speaker of the House of

Representatives from a list submitted by a nonprofit organization

committed to effective solutions and key policies which affect

hunger and poverty.

D. The members of the Committee shall select a chair and vice-

chair from among its membership. A quorum of the Committee shall be

required for any final action of the Committee.

E. The Committee may meet as often as may be required in order

to perform the duties imposed upon it.

F. The meetings of the Committee shall be subject to the

Oklahoma Open Meeting Act.

G. Members of the Committee shall receive no compensation for

their services, but shall be reimbursed for reasonable and necessary

travel expenses incurred in the performance of their duties by their

respective agency pursuant to the provisions of the State Travel

Reimbursement Act. Members appointed by the Governor, the President

Pro Tempore of the Senate and the Speaker of the House of

Representatives shall be reimbursed by the Department of Human

Services pursuant to the provisions of the State Travel

Reimbursement Act.

H. Staff support for the Committee shall be provided by the

Department of Human Services.

I. The Committee shall submit a report of its findings and

recommendations to the Governor, the Speaker of the House of

Representatives and the President Pro Tempore of the Senate by

December 31 of each year.
Okla. Stat. tit. 56, § 56-303 — OK Code / Title 56 / Section 56-303
Renumbered as § 1409 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-1025.2 — OK Code / Title 56 / Section 56-1025.2
Criminal history records searches on community services
Status: in_force

worker applicants, Medicaid personal care assistants and

contractors.

A. 1. Except as otherwise provided by subsection C of this

section, before any community services provider or Medicaid personal

care services provider makes an offer to employ or to contract with

a community services worker applicant or a Medicaid personal care

assistant applicant to provide health-related services, training, or

supportive assistance to a person with a developmental disability,

or personal care services to a person who receives the services of

the state Medicaid personal care program, the community services

provider or Medicaid personal care services provider shall:

a. provide, prior to a check with the Department of Human

Services, for a criminal history records search to be

made on the community services worker applicant or

Medicaid personal care assistant or contractor

pursuant to the provisions of this section, and

b. check with the Department of Human Services to

determine if the name of the applicant seeking

employment or contract has been entered on the

community services worker registry created pursuant to

Section 1025.3 of this title. Prior to a decision by

the Department to enter the name of a community

services worker or a Medicaid personal care assistant

on such registry, the Department shall allow for

notice and opportunity for due process for such

community services worker or Medicaid personal care

assistant against whom a final investigative finding

by the Department of Human Services of maltreatment of

an individual has been made. If the name of the

applicant seeking employment or a contract with the

Oklahoma Statutes - Title 56. Poor Persons Page 257

community services provider or Medicaid personal care

assistant is listed on the registry as having a

finding by an Administrative Law Judge pursuant to the

requirements of Section 1025.3 of this title, and the

Department has allowed for notice and opportunity for

due process for such applicant, the provider shall not

hire the applicant.

2. If the Department of Human Services contracts directly with

a Medicaid personal care assistant, the Department shall follow the

screening procedures required by this section for Medicaid personal

care services providers.

3. If the Oklahoma Health Care Authority contracts directly

with a specialized foster care provider or habilitation training

specialist services provider or a homemaker services provider, the

Department shall follow the screening procedures required by this

section for community services providers.

4. Community services providers and Medicaid personal care

services providers are authorized to obtain records of any criminal

conviction, guilty plea, or plea of nolo contendere maintained by

the Oklahoma State Bureau of Investigation (Bureau), or a Federal

Bureau of Investigation (FBI) national criminal history records

search, based on fingerprints which the employer is required or

authorized to request pursuant to the provisions of this section.

5. The Department of Human Services is authorized to obtain a

national criminal history records search based on submission of

fingerprints for community services providers that provide remote

supports. The search shall:

a. be conducted by the Oklahoma State Bureau of

Investigation and the Federal Bureau of Investigation

pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes, with the Department as the authorized

agency,

b. be submitted and have results received between the

Department and the Oklahoma State Bureau of

Investigation through secure electronic transmissions,

and

c. be paid for by the applicant or the community services

provider.

6. A criminal history records search for community services

providers shall include:

a. an Oklahoma State Courts Network search, except for

community services providers that provide remote

supports,

b. a search of the Restricted Registry established under

the Oklahoma Child Care Facilities Licensing Act,

c. a national criminal history records search for

community services providers that provide remote

Oklahoma Statutes - Title 56. Poor Persons Page 258

supports in accordance with paragraph 5 of this

subsection,

d. a sex offender registry search conducted by an

authorized source, when the individual has lived

outside this state within the last five (5) years, and

e. a search of the Department of Corrections’ files

maintained pursuant to the Sex Offenders Registration

Act and conducted by the Department of Human Services.

7. A Medicaid personal care services provider shall request the

Bureau or FBI to conduct a criminal history records search on

Medicaid personal care assistants pursuant to the provisions of

Section 1-1950.1 of Title 63 of the Oklahoma Statutes.

8. The community services provider shall request the Bureau or

FBI to conduct a criminal history records search on a community

services worker desiring employment or a contract with the provider

and shall provide to the Bureau or FBI any relevant information

required by the Bureau or FBI to conduct the search. The community

services provider shall pay a reasonable fee to the Bureau for each

criminal history records search that is conducted pursuant to such a

request. Such fee shall be determined by the Oklahoma State Bureau

of Investigation.

9. A community services provider that provides remote supports

shall request the Department to conduct a national criminal history

records search based on submission of fingerprints on a community

services worker or applicant who will be providing remote supports

and shall provide to the Department any relevant information

required by the Oklahoma State Bureau of Investigation and the

Federal Bureau of Investigation to conduct the search. The

community services worker or applicant shall pay a reasonable fee to

the Oklahoma State Bureau of Investigation for each national

criminal history records search that is conducted pursuant to such a

request. Such fee shall be determined by the Oklahoma State Bureau

of Investigation.

10. The requirement of a criminal history records search shall

not apply to an offer of employment made to:

a. any person who is the holder of a current license or

certificate issued pursuant to the laws of this state

authorizing such person to practice the healing arts,

b. a registered nurse or practical nurse licensed

pursuant to the Oklahoma Nursing Practice Act,

c. a physical therapist registered pursuant to the

Physical Therapy Practice Act,

d. a physical therapist assistant licensed pursuant to

the Physical Therapy Practice Act,

e. a social worker licensed pursuant to the provisions of

the Social Worker’s Licensing Act,

Oklahoma Statutes - Title 56. Poor Persons Page 259

f. a speech pathologist or audiologist licensed pursuant

to the Speech-Language Pathology and Audiology

Licensing Act,

g. a dietitian licensed pursuant to the provisions of the

Licensed Dietitian Act,

h. an occupational therapist licensed pursuant to the

Occupational Therapy Practice Act, or

i. a respiratory care practitioner licensed pursuant to

the Respiratory Care Practice Act.

B. At the request of the community services provider, the

Bureau shall conduct a criminal history records search on any

applicant desiring employment or a contract pursuant to subsection A

of this section or any worker employed by the community services

provider, including any of the workers specified in paragraph 10 of

subsection A of this section, at any time during the period of

employment of such worker with the provider.

C. A community services provider may make an offer of temporary

employment to a community services worker pending the results of

such criminal history records search and the registry review on the

applicant. The community services provider in such instance shall

provide to the Bureau the name and relevant information relating to

the applicant within seventy-two (72) hours after the date the

applicant accepts temporary employment. Temporary employment shall

not extend longer than the time necessary to receive the results of

the criminal history records search and registry review, not to

exceed forty-five (45) days. The community services provider shall

not hire or contract with an applicant as a community services

worker on a permanent basis until the results of the criminal

history records search and the registry review are received.

D. Within five (5) days of receipt of a request to conduct a

criminal history records search, the Bureau shall complete the

criminal history records search and report the results of the search

to the requesting community services provider.

E. Every community services provider and Medicaid personal care

services provider shall inform each applicant for employment, or

each prospective contract worker, as applicable, that the community

services provider or Medicaid personal care services provider is

required to obtain a criminal history records search and a registry

review before making an offer of permanent employment or a contract

with the community services worker or Medicaid personal care

assistant or applicant described in subsection A of this section.

F. When a community services provider will be providing remote

supports from outside this state, the community services provider

shall provide an FBI national criminal history records search, based

on fingerprints, on out-of-state community services workers or

applicants in lieu of a criminal history records search by the

Oklahoma State Bureau of Investigation pursuant to this section.

Oklahoma Statutes - Title 56. Poor Persons Page 260

G. 1. If the results of any criminal history records search

from any jurisdiction reveals that the subject worker or applicant

has been convicted, or pled guilty or nolo contendere to a felony or

to a misdemeanor assault and battery, the employer shall not hire or

contract with the applicant, but shall immediately terminate the

community services worker’s employment, contract, or volunteer

arrangement, subject to the provisions of paragraph 2 of this

subsection.

2. The community services provider may request, in writing, a

waiver of the provisions of paragraph 1 of this subsection from the

Director of the Department of Human Services, or a designee of the

Director. The Director or a designee of the Director may waive the

provisions based upon standards promulgated by the Commission for

Human Services after concurrence by the Chief Executive Officer of

the Oklahoma Health Care Authority as the State Medicaid Agency. No

waiver shall be granted for offenses resulting in a felony

conviction or plea of guilty or nolo contendere to a felony that

occurred less than five (5) calendar years prior to the date of

request. In no case shall a waiver be granted for employment of a

community services worker who has been convicted of, or pled guilty

or nolo contendere to, a felony count of aggravated assault and

battery, homicide, murder, attempted murder, rape, incest, sodomy,

or abuse, neglect, or financial exploitation of any person entrusted

to the worker’s care.

H. All criminal history records received by the community

services provider or Medicaid personal care services provider are

for the exclusive use of the Department of Human Services, the

Oklahoma Health Care Authority and the community services provider

or Medicaid personal care services provider that requested the

information. Except as otherwise provided by this chapter or upon

court order or with the written consent of the person being

investigated, the criminal history records shall not be released or

otherwise disclosed to any other person or agency.

I. Any person releasing or disclosing any information in

violation of this section, upon conviction thereof, shall be guilty

of a misdemeanor.

J. As part of any inspections required by law, the Department

of Human Services shall review the employment files of the community

services provider or Medicaid personal care services provider

required to conduct a criminal history records search to ensure such

provider is in compliance with the provisions of this section.

K. The Department of Human Services shall disclose all registry

information, all criminal records gathered and any inspections

conducted as a result of this section to the Oklahoma Health Care

Authority upon the request of the Oklahoma Health Care Authority.
Okla. Stat. tit. 56, § 56-230.60 — OK Code / Title 56 / Section 56-230.60
Disclosure of persons responsible for child support as
Status: in_force

precondition to TANF benefits.

A. Except as otherwise provided in this section, any applicant

who makes application with the Department of Human Services for

benefits under the Temporary Assistance for Needy Families (TANF)

program, in order to be eligible for such assistance, shall provide

the name of the person or persons alleged to be legally responsible

for the support of a child, and if known, the address and employer

Oklahoma Statutes - Title 56. Poor Persons Page 107

of the person or persons alleged to be legally responsible for the

support of such child prior to receipt of any such assistance.

B. 1. If the specific person or persons legally responsible

for the support of the child are unknown, the applicant for the TANF

program shall submit with the application a list of names of persons

alleged to be responsible for the support of the child to the

Department of Human Services.

2. If the applicant does not provide the Department with the

identity of the person or persons alleged to be legally responsible

for the support of the child, the applicant shall be ineligible to

continue to receive such assistance unless the Department determines

that the applicant or recipient or a child of the applicant or

recipient would more likely than not be subject to abuse for

identifying the person or persons alleged to be responsible for the

support of the child.

3. The Commission shall promulgate rules which will standardize

the decision process for determining eligibility pursuant to this

paragraph.

C. The Department shall determine the father for each minor

child for whom benefits are received under the TANF program.
Okla. Stat. tit. 56, § 56-4002.15 — OK Code / Title 56 / Section 56-4002.15
Federal approval – Promulgation of rules
Status: in_force

A. 1. The Oklahoma Health Care Authority shall seek any

federal approval necessary to implement the Ensuring Access to

Medicaid Act. This shall include, but not be limited to, submission

to the Centers for Medicare and Medicaid Services of any appropriate

demonstration waiver application or Medicaid State Plan amendment

necessary to accomplish the requirements of this act within the

required time frames.

2. Prior to implementation of contracts with any contracted

entities except dental benefit managers, the Authority shall obtain

federal approval of a managed care directed payment program with an

average commercial rate methodology under the Supplemental Hospital

Offset Payment Program Act. Contracts with dental benefit managers

shall be exempt from the requirement stipulated by this paragraph.

B. The Oklahoma Health Care Authority Board shall promulgate

rules to implement the Ensuring Access to Medicaid Act.
Okla. Stat. tit. 56, § 56-198.12 — OK Code / Title 56 / Section 56-198.12
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma Self-

Directed Care Act”.
Okla. Stat. tit. 56, § 56-57 — OK Code / Title 56 / Section 56-57
Short title
Status: in_force

Sections 2 through 10 of this act shall be known and may be

cited as the "Oklahoma Indigent Health Care Act".
Okla. Stat. tit. 56, § 56-1007.2 — OK Code / Title 56 / Section 56-1007.2
Definitions
Status: in_force

As used in the Defunding Statutory Rape Cover-up Act:

1. "Provider" shall mean a provider of services for

compensation; and

2. "Affiliate" shall mean 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.
Okla. Stat. tit. 56, § 56-147 — OK Code / Title 56 / Section 56-147
Unlawful procurement - Penalty for attempt
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 37

Any person procuring or attempting to procure any allowance for

a person not entitled thereto shall be deemed guilty of a

misdemeanor, and on conviction thereof shall be punished by a fine

of not less than One Hundred Dollars ($100.00), nor more than Five

Hundred Dollars ($500.00) or by imprisonment in the county jail for

a period of not more than one (1) year, or by both such fine and

imprisonment.
Okla. Stat. tit. 56, § 56-215 — OK Code / Title 56 / Section 56-215
State Budget Director OASI fund
Status: in_force

There is hereby created in the State Treasury a special fund to

be known as the "State Budget Director OASI Fund" into which fund

the State Budget Director shall deposit all monies received from

state agencies constituting amounts due from funds not on deposit in

the State Treasury. The State Budget Director may make

disbursements from said funds to pay amounts due the Department of

Public Welfare at such time as the report is required to be made for

the coverage group designated as the "State of Oklahoma". Refunds

may be made to state agencies by the State Budget Director in the

event of overpayment or error made in the calculation of amount due.
Okla. Stat. tit. 56, § 56-1004 — OK Code / Title 56 / Section 56-1004
Potential recipient's authorization to examine records -
Status: in_force

Provider's signed statement as to accuracy of reports, etc. -

Maintenance of records - Access to records - Confidentiality of

records and information - Disclosure - Liability.

Oklahoma Statutes - Title 56. Poor Persons Page 211

A. No potential Medicaid recipient shall be eligible for

medical assistance unless such recipient has, in writing, authorized

the Oklahoma Health Care Authority and the Attorney General to

examine all records maintained as required by the Oklahoma Medicaid

Program by the recipient, or of those receiving or having received

Medicaid benefits through the recipient, whether the receipt of such

benefits would be allowed by the Oklahoma Medicaid Program or not.

B. 1. Each application to participate as a provider in the

Oklahoma Medicaid Program, each report stating income or expense

upon which rates of payment are or may be based, and each invoice

for payment for a good or a service provided to recipient, shall

contain a statement that all matters stated therein are true and

accurate, signed by the provider or his or her agent. Any person

who signs this statement or causes another to sign this statement

knowing the statement to be false shall be guilty of perjury. For

purposes of this subsection, an individual who signs on behalf of a

provider shall be presumed to have the authorization of the provider

and to be acting at his or her direction.

2. All providers subject to the Oklahoma Medicaid Program are

required to maintain at their or its principal place of Medicaid

business all such records at least for a period of six (6) years

from the date of claimed provision of any goods or services to any

Medicaid recipient.

C. The Attorney General shall be allowed access to all records

of persons and Medicaid recipients under the Oklahoma Medicaid

Program which are held by a provider or the Oklahoma Health Care

Authority for the purpose of investigating whether any person may

have committed the crime of Medicaid fraud, or for use or potential

use in any legal, administrative, or judicial proceeding. In

carrying out the purposes of the Oklahoma Medicaid Program Integrity

Act, the Attorney General may take possession of records held by a

provider by subpoena, in which case copies of those records obtained

by the Attorney General which are necessary for the provider to

continue doing business shall be supplied to the provider, or the

Attorney General may elect to require that the provider supply the

Medicaid fraud control unit within the office of the Attorney

General with copies of the records. Upon request, the Attorney

General shall be granted access to records, including electronic

data, held by the Oklahoma Health Care Authority for the purpose of

investigating whether any person or entity may have committed the

crime of Medicaid fraud.

D. Records obtained or created by the Authority or the Attorney

General pursuant to the Oklahoma Medicaid Program Integrity Act

shall be classified as confidential information and shall not be

subject to the Oklahoma Open Records Act or to outside review or

release by any individual except, if authorized by the Attorney

Oklahoma Statutes - Title 56. Poor Persons Page 212

General, in relation to legal, administrative, or judicial

proceeding.

E. No person holding such records may refuse to provide the

Authority or the Attorney General with access to such records on the

basis that release would violate any recipient's right of privacy,

any recipient's privilege against disclosure or use, or any

professional or other privilege or right. The disclosure of patient

information as required by the Oklahoma Medicaid Program Integrity

Act shall not subject any physician or other health services

provider to liability for breach of any confidential relationship

between a patient and a provider.accuracy of reports, etc. - Maintenance of records - Access to records - Confidentiality of records

Oklahoma Statutes - Title 56. Poor Persons Page 10
Okla. Stat. tit. 56, § 56-144 — OK Code / Title 56 / Section 56-144
Termination or modification of allowance
Status: in_force

Whenever any child shall reach the age of fourteen (14) years

any allowance made to the mother of such child for the benefit of

such child shall cease. The county court may, at its discretion, at

any time before such child reaches the age of fourteen (14) years,

discontinue or modify the allowance to any mother and for any child.
Okla. Stat. tit. 56, § 56-4006 — OK Code / Title 56 / Section 56-4006
Mental health and substance use disorder coverage —
Status: in_force

Parity analysis.

A. For Medicaid managed care plans, the Oklahoma Health Care

Authority shall ensure that the insurers, health plans, and managed

care plans comply with federal and state laws, rules, and

regulations applicable to coverage for mental health or substance

use disorder services.

B. Contracts with Medicaid managed care plans must require

entities to conduct regular parity compliance analysis that contain

the information described in 42 U.S.C., Section 300gg–26(a)(8)(i-v)

for each nonquantitative treatment limitation imposed on mental

health or substance use disorder benefits in any classification of

care.

C. Contracts with Medicaid managed care plans must include

language requiring managed care plans and entities to conduct parity

analysis described in subsection B of this section for a

nonquantitative treatment limitation whenever as-written or in-

operation changes or amendments are made to that nonquantitative

treatment limitation, including prior authorization requirements.

D. State Medicaid programs and Children's Health Insurance

Programs (CHIP) must review and compile the analysis from all

managed care, CHIP, and alternative benefit plans to ensure

compliance and address any noncompliance through a standardized

process to mitigate findings of noncompliance.

E. The Oklahoma Health Care Authority shall develop a

standardized process for receiving, investigating, substantiating,

and resolving parity complaints.

F. The Oklahoma Health Care Authority shall make public the

surveys, financial analysis, managed care contract audits, de-

identified substantiated parity complaints, and parity reports

prepared by the managed care entities and plans and the reports they

submit to document parity compliance.

G. The Oklahoma Health Care Authority shall also make public

any parity analysis, summary, or report submitted to the Centers for

Medicare and Medicaid Services regarding the Oklahoma Medicaid

managed care program within thirty (30) days of the state's

submission of these reports to the Centers for Medicare and Medicaid

Services.
Okla. Stat. tit. 56, § 56-237A — OK Code / Title 56 / Section 56-237A
Notice to obligor - Administrative procedures
Status: in_force

A. In all cases being enforced by the Department of Human

Services pursuant to the state child support plan, unless the amount

of past due support has been determined in a court proceeding within

the past twelve (12) months, the Department shall serve a notice

upon the obligor no less than once every twelve (12) months

informing the obligor of the following:

1. The style and case number of the support order or orders

being enforced by the Department;

2. The amount of the current support obligation and the total

amount of alleged past due support pursuant to the support order or

orders;

3. That all payments for current support and payments for past

due support owed to the Department or to the obligee shall be paid

to the Centralized Support Registry at the address specified in the

notice, and thereafter, any payments made other than to the Support

Registry shall not be credited to the amount owed;

4. The obligor’s street address and mailing address as stated

in the notice shall be the obligor’s address or addresses of record

Oklahoma Statutes - Title 56. Poor Persons Page 132

for service of process on file in the central case registry provided

for in Section 112A of Title 43 of the Oklahoma Statutes; and

thereafter, the obligor must inform the central case registry at the

address specified in the notice in writing within thirty (30) days

of any change;

5. That if the information contained in the notice is incorrect

or incomplete concerning the name and address of the obligor’s

current employer or other payors of income, dependent health

insurance information, or other information requested by the

Department, the obligor is required to inform the central case

registry in writing of any changes or additions to the information

within thirty (30) days of service of the notice and thereafter to

inform the central case registry within thirty (30) days of any

change;

6. An income assignment is in effect and that the amounts

specified in the notice shall be withheld from the obligor’s income

for current support and past due support;

7. The income assignment will be served upon all current and

subsequent payors of income without further notice to the obligor;

8. The income assignment will remain in effect regardless of

whether any past due amounts are owed, for as long as the order upon

which it is based, or for as long as past due support is owed,

whichever is later, and payment of any amount will not prevent the

income assignment from taking effect;

9. That if there is no order for payment of the past due

amount, when any amount of support becomes thirty (30) days past

due, the Department is authorized to direct the obligor’s payor of

income to withhold an amount equal to twenty-five percent (25%) of

the current support obligation, and that this amount shall continue

to be withheld until the past due support is paid in full, or until

further order;

10. That if the obligor has failed to comply with an order to

provide health insurance, the obligor’s employer will be required to

enroll the obligor’s minor children who are the subject of the

referenced order in any dependent health insurance plan offered by

the employer to the obligor, and to deduct the amount of the premium

from the obligor’s income;

11. A list of all actions and remedies the Department may take

to enforce the order and to collect past due support. The list may

include a specific payment plan;

12. That the obligor will be given this notice no less than

once every twelve (12) months, and after initial service of the

notice as provided in subsection C of this section, subsequent

notices will be mailed by regular mail to the last address for the

obligor on file in the central case registry;

13. That the obligor may request an administrative review on a

form attached to the notice within twenty (20) days of the date the

Oklahoma Statutes - Title 56. Poor Persons Page 133

notice is served upon the obligor which will be granted only on the

following grounds:

a. a mistake of identity, or

b. the existence or the amount of current support or past

due support is incorrect;

14. That the obligor has been given notice and opportunity to

contest the past due amount stated in the notice and that the

obligor will not be entitled to another opportunity to contest that

amount; and

15. That the notice will have the same effect as a court order

and will be enforceable as a court order.

B. The notice shall be filed, at the option of the Department,

with the clerk of the district court in the county of residence of

the custodian of the child, in the county of residence of the

obligor, or in the county of the underlying support order or in any

other county in which the obligor has real or personal property.

C. The initial notice provided for in this section shall be

served by the Department upon the obligor as provided in Section

2005 of Title 12 of the Oklahoma Statutes, or if there is an address

of record on file with the central case registry pursuant to Section

112A of Title 43 of the Oklahoma Statutes, the notice may be served

by regular mail at the address of record. The Department shall

serve the obligor subsequent notices by regular mail with a

certificate of mailing to the last address of record for service of

process for the obligor on file with the central case registry. The

Department shall send the initial and subsequent notice to the

custodian of the child by regular mail with a certificate of

mailing.

D. An obligor may request an administrative review pursuant to

this section by delivering a request to the Department in writing or

on the form provided within twenty (20) days of the date the notice

is served upon the obligor. If the notice is a subsequent notice as

provided in subsection C of this section, the date of service shall

be the date the notice is mailed to the obligor, and the notice

shall state the date it is being mailed.

E. 1. Upon receipt of a timely request for an administrative

review, the Department shall schedule a review to be held within

thirty (30) days of receipt of the request. The obligor shall be

served with notice of the administrative review as provided in

subsection B of Section 2005 of Title 12 of the Oklahoma Statutes.

The review shall be conducted by an employee of the Department who

will attempt to resolve all disputed issues without the necessity of

a hearing. If all issues are resolved at the review, the obligor

shall sign an agreed administrative or district court order which

shall be filed, at the option of the Department, with the clerk of

the district court in the county of residence of the custodian of

the child, in the county of residence of the obligor, in the county

Oklahoma Statutes - Title 56. Poor Persons Page 134

of the underlying support order, or in any other county in which the

obligor has real or personal property.

2. If all disputed issues are not resolved at the

administrative review, the Department shall set the matter for a

hearing. The obligor shall be served with notice of the hearing as

provided in subsection B of Section 2005 of Title 12 of the Oklahoma

Statutes. The district or administrative court shall hear the

matter and shall enter an order determining the contested issues and

affirming the other provisions of the notice. An administrative

order shall be filed, at the option of the Department, with the

clerk of the district court in the county of residence of the

custodian of the child, in the county of residence of the obligor in

the county of the underlying support order, or in any other county

in which the obligor has real or personal property.

3. If the obligor fails to request a timely administrative

review, or fails to appear for a review or a hearing, the obligor

may no longer contest the contents of the notice, and the obligor

shall be obligated to make payments pursuant to the payment plan as

stated in the notice to collect the past due support and those

amounts shall be subject to income withholding. The notice shall

have the same legal effect as a court order and be enforceable as a

court order. The notice with proof of service upon the obligor and

the custodian of the child shall be filed, at the option of the

Department, with the clerk of the district court in the county of

residence of the custodian of the child, in the county of residence

of the obligor, in the county of the underlying support order, or in

any other county in which the obligor has real or personal property.

4. The district or administrative court may order an obligor to

pay all costs involved in proceedings under this subsection.

5. A final order entered pursuant to this section shall be

served upon the obligor in accordance with subsection B of Section

2005 of Title 12 of the Oklahoma Statutes.

6. A final administrative order entered pursuant to this

section may be appealed pursuant to Section 240.3 of this title.
Okla. Stat. tit. 56, § 56-4002.4a — OK Code / Title 56 / Section 56-4002.4a
Standard contract terms
Status: in_force

A. 1. The Oklahoma Health Care Authority shall develop

standard contract terms for contracted entities to include, but not

be limited to, all requirements stipulated by this act. The

Authority shall oversee and monitor performance of contracted

entities and shall enforce the terms of capitated contracts as

required by paragraph 2 of this subsection.

2. The Authority shall require each contracted entity to meet

all contractual and operational requirements as defined in the

requests for proposals issued pursuant to Section 3 of this act.

Such requirements shall include but not be limited to reimbursement

and capitation rates, insurance reserve requirements as specified by

the Insurance Department, acceptance of risk as defined by the

Authority, operational performance expectations including the

assessment of penalties, member marketing guidelines, other

applicable state and federal regulatory requirements, and all

requirements of this act including, but not limited to, the

requirements stipulated in this section.

B. The Authority shall develop methods to ensure program

integrity against provider fraud, waste, and abuse.

C. The Authority shall develop processes for providers and

Medicaid members to report violations by contracted entities of

applicable administrative rules, state laws, or federal laws.
Okla. Stat. tit. 56, § 56-521 — OK Code / Title 56 / Section 56-521
Renumbered as § 3223 of Title 63 by Laws 1993, c. 330, §
Status: in_force

31, eff. July 1, 1993.
Okla. Stat. tit. 56, § 56-26.8 — OK Code / Title 56 / Section 56-26.8
Victims of disasters
Status: in_force

Emergency assistance may be extended to victims of disasters as

a result of fire, flood, tornado and other acts of God, but such

assistance shall be for a period of not to exceed ninety (90) days,

unless the applicant meets all requirements for general relief

assistance.
Okla. Stat. tit. 56, § 56-1017.1 — OK Code / Title 56 / Section 56-1017.1
Oklahoma Choices for Long-Term Care Act - Purpose
Status: in_force

A. Sections 1 through 5 of this act shall be known and may be

cited as the “Oklahoma Choices for Long-Term Care Act”.

B. The purpose of the Oklahoma Choices for Long-Term Care Act

is to make long-term services and supports for citizens easily

accessible, cost-effective and of high quality and to provide a

comprehensive and systematic approach to addressing these needs.

The Oklahoma Choices for Long-Term Care Act shall provide older

Oklahomans and adults with physical disabilities the opportunity to

choose where they live and receive their services, and provide

efficient administration of the ADvantage Waiver Program.
Okla. Stat. tit. 56, § 56-313 — OK Code / Title 56 / Section 56-313
Renumbered as § 1417 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-4002.6 — OK Code / Title 56 / Section 56-4002.6
Requirements for prior authorizations
Status: in_force

A. A contracted entity shall meet all requirements established

by this section pertaining to prior authorizations.

To the extent a contracted entity uses a third-party utilization

review entity to administer prior authorizations on its behalf, the

utilization review entity shall comply with the provisions of this

section applicable to contracted entities.

B. 1. A contracted entity shall make any current prior

authorization requirements and restrictions, including written

clinical criteria, readily accessible on its website to members and

Oklahoma Statutes - Title 56. Poor Persons Page 309

participating providers. Such requirements and restrictions shall

be described in detail but also in easily understandable language.

2. If a contracted entity intends either to implement a new

prior authorization requirement or restriction or to amend an

existing requirement or restriction, the contracted entity shall:

a. ensure that the new or amended requirement or

restriction is not implemented until the contracted

entity’s website has been updated to reflect the new

or amended requirement or restriction, and

b. provide participating providers credentialed to

perform the service, and members who have a chronic

condition and are already receiving the service which

the prior authorization changes will impact, notice of

the new or amended requirement or restriction no less

than sixty (60) days before the requirement or

restriction is implemented.

C. A contracted entity shall ensure that all adverse

determinations are made by a licensed physician or, if appropriate

for the requested service, a licensed mental health professional.

The physician or mental health professional shall:

1. Possess a current and valid nonrestricted license in any

United States jurisdiction;

2. Have the appropriate training, knowledge, or expertise to

apply appropriate clinical guidelines to the health care service

being requested; and

3. Make the adverse determination under the clinical direction

of a medical director of the contracted entity who is responsible

for reviewing health care services to members. Any such medical

director shall be a physician licensed in any United States

jurisdiction.

D. 1. Not later than January 1, 2027, each contracted entity

shall implement and maintain a Prior Authorization Application

Programming Interface (API), as described in 45 C.F.R., Part 156.

2. Not later than July 1, 2027, all participating providers

shall have electronic health records or practice management systems

that are compatible with the API, subject to such exceptions as may

be authorized by the Oklahoma Health Care Authority Board through

rule.

E. 1. If a contracted entity or the Authority requires prior

authorization of a health care service, the contracted entity shall

make a prior authorization or adverse determination in accordance

with the following time periods:

a. for urgent health care services, within seventy-two

(72) hours of obtaining all necessary information to

make the prior authorization or adverse determination,

Oklahoma Statutes - Title 56. Poor Persons Page 310

b. for non-urgent health care services, within seven (7)

days of obtaining all necessary information to make

the prior authorization or adverse determination,

c. for covered prescription drugs, within twenty-four

(24) hours of obtaining all necessary information to

make the prior authorization or adverse determination.

The contracted entity shall not require prior

authorization on any covered prescription drug for

which the Authority does not require prior

authorization, and

d. for coverage of biomarker testing, in accordance with

Section 4003 of this title.

2. If a participating provider submits all necessary

information through the contracted entity’s authorized prior

authorization system, and if the contracted entity fails to comply

with the deadlines specified in this subsection, such health care

services are deemed authorized.

3. For the purposes of this subsection, “necessary information”

includes, but is not limited to, the results of any face-to-face

clinical evaluation or second opinion that may be required.

F. 1. If a member needs emergency health care services, the

member’s contracted entity shall not require prior authorization for

pre-hospital transportation, for the provision of emergency health

care services, or for transfers between facilities as required by

the federal Emergency Medical Treatment and Labor Act.

2. A contracted entity shall allow a member and the member’s

provider a minimum of twenty-four (24) hours following an emergency

admission or provision of emergency health care services for the

member or provider to notify the contracted entity of the admission

or provision of health care services. If the admission or health

care service occurs on a holiday or weekend, the contracted entity

shall not require notification until the next business day after the

admission or provision of the health care services.

G. 1. In the notification to the provider that a prior

authorization has been approved, the contracted entity shall include

in such notification the duration of the prior authorization or the

date by which the prior authorization will expire.

2. A contracted entity shall not revoke, limit, condition, or

restrict a prior authorization if the authorized service is provided

within forty-five (45) business days from the date the provider

received the prior authorization unless the member was no longer

eligible for the service on the date it was provided.

3. On receipt of information documenting a prior authorization

from the member or from the member’s provider, a contracted entity

shall honor a prior authorization granted to a member from a

previous contracted entity for at least the initial sixty (60) days

of a member’s coverage under a new contracted entity. During the

Oklahoma Statutes - Title 56. Poor Persons Page 311

time period described in this subsection, a contracted entity may

perform its own review to grant a prior authorization or make an

adverse determination.

H. A contracted entity shall provide participating providers

with the following opportunities for communication during the prior

authorization process:

1. Make staff available at least eight (8) hours each day

during normal business hours for inbound telephone calls regarding

prior authorization issues;

2. Allow staff to receive inbound communication regarding prior

authorization issues after normal business hours; and

3. Provide a participating provider with the opportunity to

discuss a prior authorization denial with an appropriate reviewer.

I. A contracted entity shall reimburse a participating provider

at the contracted payment rate for a health care service provided by

the provider per a prior authorization, subject to any applicable

reimbursement requirements provided by Section 4002.12 of this

title, unless:

1. The provider knowingly and materially misrepresented the

health care service in the prior authorization request with the

specific intent to deceive and obtain an unlawful payment from a

contracted entity;

2. The health care service was no longer a covered benefit on

the day it was provided;

3. The provider was no longer contracted with the member’s

contracted entity on the date the service was provided;

4. The provider failed to meet the contracted entity’s timely

filing requirements; or

5. The member was no longer eligible for health care coverage

on the date the service was provided.
Okla. Stat. tit. 56, § 56-240.6 — OK Code / Title 56 / Section 56-240.6
Enforcement of child support obligation
Status: in_force

In addition to the powers and duties of the Department provided

in Section 237 of Title 56 of the Oklahoma Statutes, the Department

of Human Services is authorized to enforce a support payment of a

spouse or former spouse pursuant to a court order requiring such

support if a child support obligation is being enforced under the

state plan of the Department authorized by the federal Social

Security Act.

Oklahoma Statutes - Title 56. Poor Persons Page 154
Okla. Stat. tit. 56, § 56-1011.13 — OK Code / Title 56 / Section 56-1011.13
Nursing Facility Supplemental Payment Program
Status: in_force

Revolving Fund.

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

fund for the Oklahoma Health Care Authority to be designated the

"Nursing Facility Supplemental Payment Program Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of:

1. All monies received by the Authority from nonstate

governmental organizations pursuant to the Nursing Facility

Supplemental Payment Program;

2. Any interest or penalties levied and collected in

conjunction with the administration of this act; and

3. All interest attributable to investment of money in the

fund.

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

appropriated and may be budgeted and expended by the Authority for

the purposes of:

1. Transferring funds for the state share of supplemental

payments for the Oklahoma Medicaid Program;

2. Transferring funds for the state share of administrative

expenses incurred by the Authority or its agents and employees in

performing the activities authorized by the Nursing Facility

Supplemental Payment Program; or

3. Transferring funds for the maintenance of nursing facility

reimbursement rates; provided, such transfers shall only include

funds remaining after the transfers authorized by paragraphs 1 and 2

of this subsection.

Oklahoma Statutes - Title 56. Poor Persons Page 240

C. 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.

D. Except for the transfers described in subsection B of this

section, monies in the Nursing Facility Supplemental Payment Program

Revolving Fund shall not be used to replace other general revenues

appropriated and funded by the Legislature or other revenues used to

support Medicaid.
Okla. Stat. tit. 56, § 56-26.3 — OK Code / Title 56 / Section 56-26.3
Purpose of act
Status: in_force

It shall be the purpose of this act to:

1. Provide aid and assistance for indigent or unemployable

citizens of the state who meet the minimum requirements hereinafter

described;

2. Provide temporary emergency assistance to those victims of

emergencies resulting from fire, flood, tornado and other acts of

God; and

3. Provide for the receipt, warehousing, transporting and

distributing of any item of value donated to the State of Oklahoma

by the United States Department of Agriculture, or any other agency

of the federal government, or any agency or subdivisions of state,

Oklahoma Statutes - Title 56. Poor Persons Page 13

county or city government, with whom the Oklahoma Emergency Relief

Board enters into a contract.
Okla. Stat. tit. 56, § 56-190 — OK Code / Title 56 / Section 56-190
Payment of checks or vouchers to recipients of assistance,
Status: in_force

relief or welfare, upon death of the beneficiary after issuance.

Whenever any qualified recipient or beneficiary of old-age

assistance, aid to the blind, or aid to the permanently and totally

disabled, or of other relief or welfare, under the laws of the State

of Oklahoma, shall have died after the issuance of assistance checks

or vouchers to him, or on or after the due date of said checks or

vouchers and before the same is endorsed or presented for payment by

the recipient or beneficiary, the judge of the district court of the

county in which said recipient resided at the time of his death

shall by the filing of an affidavit by one of the next of kin or

next friend of said deceased recipient make an order authorizing and

directing such next of kin or next friend, or some other reputable

person, to endorse said checks or vouchers which shall be paid upon

presentation, and it shall not be necessary that an administrator be

appointed for the estate of said decedent in order to collect said

Oklahoma Statutes - Title 56. Poor Persons Page 64

checks or vouchers. No costs shall be charged in said proceedings.

This act shall apply to checks and vouchers heretofore issued as

well as to those hereafter issued.