Okla. Stat. tit. 56, § 56-2002 — OK Code / Title 56 / Section 56-2002
Nursing Facilities Quality of Care Fee
Status: in_force

A. For the purpose of providing quality care enhancements, the

Oklahoma Health Care Authority is authorized to and shall assess a

Nursing Facilities Quality of Care Fee pursuant to this section upon

each nursing facility licensed in this state. Facilities operated

by the Oklahoma Department of Veterans Affairs shall be exempt from

this fee. Quality of care enhancements include, but are not limited

to, the purposes specified in this section.

B. As a basis for determining the Nursing Facilities Quality of

Care Fee assessed upon each licensed nursing facility, the Authority

shall calculate a uniform per-patient day rate. The rate shall be

calculated by dividing six percent (6%) of the total annual patient

gross receipts of all licensed nursing facilities in this state by

the total number of patient days for all licensed nursing facilities

in this state. The result shall be the per-patient day rate.

Beginning July 15, 2004, the Nursing Facilities Quality of Care Fee

shall not be increased unless specifically authorized by the

Legislature.

C. Pursuant to any approved Medicaid waiver and pursuant to

subsection N of this section, the Nursing Facilities Quality of Care

Fee shall not exceed the amount or rate allowed by federal law for

nursing home licensed bed days.

D. The Nursing Facilities Quality of Care Fee owed by a

licensed nursing facility shall be calculated by the Authority by

adding the daily patient census of a licensed nursing facility, as

reported by the facility for each day of the month, and by

Oklahoma Statutes - Title 56. Poor Persons Page 268

multiplying the ensuing figure by the per-patient day rate

determined pursuant to the provisions of subsection B of this

section.

E. Each licensed nursing facility which is assessed the Nursing

Facilities Quality of Care Fee shall be required to file a report on

a monthly basis with the Authority detailing the daily patient

census and patient gross receipts at such time and in such manner as

required by the Authority.

F. 1. The Nursing Facilities Quality of Care Fee for a

licensed nursing facility for the period beginning October 1, 2000,

shall be determined using the daily patient census and annual

patient gross receipts figures reported to the Authority for the

calendar year 1999 upon forms supplied by the Authority.

2. Annually the Nursing Facilities Quality of Care Fee shall be

determined by:

a. using the daily patient census and patient gross

receipts reports received by the Authority for the

most recent available twelve (12) months, and

b. annualizing those figures.

Each year thereafter, the annualization of the Nursing

Facilities Quality of Care Fee specified in this paragraph shall be

subject to the limitation in subsection B of this section unless the

provision of subsection C of this section is met.

G. The payment of the Nursing Facilities Quality of Care Fee by

licensed nursing facilities shall be an allowable cost for Medicaid

reimbursement purposes.

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

revolving fund to be designated the “Nursing Facility Quality of

Care Fund”.

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

year limitations, and shall consist of:

a. all monies received by the Authority pursuant to this

section and otherwise specified or authorized by law,

b. monies received by the Authority due to federal

financial participation pursuant to Title XIX of the

Social Security Act, and

c. interest attributable to investment of money in the

fund.

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

appropriated and shall be budgeted and expended by the Authority

for:

a. reimbursement of the additional costs paid to

Medicaid-certified nursing facilities for purposes

specified by Sections 1-1925.2 and 5022.2 of Title 63

of the Oklahoma Statutes,

Oklahoma Statutes - Title 56. Poor Persons Page 269

b. reimbursement of the Medicaid rate increases for

intermediate care facilities for individuals with

intellectual disabilities (ICFs/IID),

c. nonemergency transportation services for Medicaid-

eligible nursing home clients,

d. eyeglass and denture services for Medicaid-eligible

nursing home clients,

e. fifteen ombudsmen employed by the Office of the

Attorney General,

f. ten additional nursing facility inspectors employed by

the State Department of Health,

g. pharmacy and other Medicaid services to qualified

Medicare beneficiaries whose incomes are at or below

one hundred percent (100%) of the federal poverty

level; provided however, pharmacy benefits authorized

for such qualified Medicare beneficiaries shall be

suspended if the federal government subsequently

extends pharmacy benefits to this population,

h. costs incurred by the Authority in the administration

of the provisions of this section and any programs

created pursuant to this section,

i. durable medical equipment and supplies services for

Medicaid-eligible elderly adults, and

j. personal needs allowance increases for residents of

nursing homes and Intermediate Care Facilities for

Individuals with Intellectual Disabilities (ICFs/IID)

from Thirty Dollars ($30.00) to Fifty Dollars ($50.00)

per month per resident.

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 fund and the programs specified in this section funded

by revenues collected from the Nursing Facilities Quality of Care

Fee pursuant to this section are exempt from budgetary cuts,

reductions, or eliminations.

6. The Medicaid rate increases for intermediate care facilities

for individuals with intellectual disabilities (ICFs/IID) shall not

exceed the net Medicaid rate increase for nursing facilities

including, but not limited to, the Medicaid rate increase for which

Medicaid-certified nursing facilities are eligible due to the

Nursing Facilities Quality of Care Fee less the portion of that

increase attributable to treating the Nursing Facilities Quality of

Care Fee as an allowable cost.

7. The reimbursement rate for nursing facilities shall be made

in accordance with Oklahoma’s Medicaid reimbursement rate

methodology and the provisions of this section.

Oklahoma Statutes - Title 56. Poor Persons Page 270

8. No nursing facility shall be guaranteed, expressly or

otherwise, that any additional costs reimbursed to the facility will

equal or exceed the amount of the Nursing Facilities Quality of Care

Fee paid by the nursing facility.

I. 1. In the event that 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 Nursing Facility Quality of Care Fund at the approved

federal medical assistance percentage for the applicable fiscal

year, the Nursing Facilities Quality of Care Fee shall be null and

void as of the date of the nonavailability of such federal funding,

through and during any period of nonavailability.

2. In the event of an invalidation of this section by any court

of last resort under circumstances not covered in subsection J of

this section, the Nursing Facilities Quality of Care Fee shall be

null and void as of the effective date of that invalidation.

3. In the event that the Nursing Facilities Quality of Care Fee

is determined to be null and void for any of the reasons enumerated

in this subsection, any Nursing Facilities Quality of Care Fee

assessed and collected for any periods after such invalidation shall

be returned in full within sixty (60) days by the Authority to the

nursing facility from which it was collected.

J. 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 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 Nursing Facilities Quality of Care Fee, its

applicability to all licensed nursing homes in the state, the usage

of the fee for the purposes prescribed in this section, or the

ability of the Authority to obtain full federal participation to

match its expenditures of the proceeds of the fee.

K. The Authority shall promulgate rules for the implementation

and enforcement of the Nursing Facilities Quality of Care Fee

established by this section.

L. The Authority shall provide for administrative penalties in

the event nursing facilities fail to:

1. Submit the Quality of Care Fee;

2. Submit the fee in a timely manner;

3. Submit reports as required by this section; or

4. Submit reports timely.

M. As used in this section:

1. “Nursing facility” means any home, establishment or

institution, or any portion thereof, licensed by the State

Oklahoma Statutes - Title 56. Poor Persons Page 271

Department of Health as defined in Section 1-1902 of Title 63 of the

Oklahoma Statutes;

2. “Medicaid” means the medical assistance program established

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

this state by the Authority;

3. “Patient gross revenues” means gross revenues received in

compensation for services provided to residents of nursing

facilities including, but not limited to, client participation. The

term “patient gross revenues” shall not include amounts received by

nursing facilities as charitable contributions; and

4. “Additional costs paid to Medicaid-certified nursing

facilities under Oklahoma’s Medicaid reimbursement methodology”

means both state and federal Medicaid expenditures including, but

not limited to, funds in excess of the aggregate amounts that would

otherwise have been paid to Medicaid-certified nursing facilities

under the Medicaid reimbursement methodology which have been updated

for inflationary, economic, and regulatory trends and which are in

effect immediately prior to the inception of the Nursing Facilities

Quality of Care Fee.

N. 1. As per any approved federal Medicaid waiver, the

assessment rate subject to the provision of subsection C of this

section is to remain the same as those rates that were in effect

prior to January 1, 2012, for all state-licensed continuum of care

facilities.

2. Any facilities that made application to the State Department

of Health to become a licensed continuum of care facility no later

than January 1, 2012, shall be assessed at the same rate as those

facilities assessed pursuant to paragraph 1 of this subsection;

provided, that any facility making the application shall receive the

license on or before September 1, 2012. Any facility that fails to

receive such license from the State Department of Health by

September 1, 2012, shall be assessed at the rate established by

subsection C of this section subsequent to September 1, 2012.

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

thereof, is determined by any controlling federal agency, or any

court of last resort to prevent the state from obtaining federal

financial participation in the state’s Medicaid program, such

provision shall be deemed null and void as of the date of the

nonavailability of such federal funding and through and during any

period of nonavailability. All other provisions of the bill shall

remain valid and enforceable.
Okla. Stat. tit. 56, § 56-306 — OK Code / Title 56 / Section 56-306
Renumbered as § 1412 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-1025.3 — OK Code / Title 56 / Section 56-1025.3
Community services worker registry
Status: in_force

A. The Director of Human Services shall promulgate rules to

establish and maintain a community services worker registry. Such

rules may include, but need not be limited to:

1. A procedure for notation in such registry of a final

investigative finding by the Office of Client Advocacy within the

State Department of Health or a finding by an Administrative Law

Judge of maltreatment of an individual by a community services

worker or a Medicaid personal care assistant;

2. A procedure for notice and due process for a community

services worker, or a Medicaid personal care assistant, or applicant

before the entering of such person’s name in the registry as having

a final Office of Client Advocacy investigative finding or

Administrative Law Judge finding of maltreatment of an individual;

3. Disclosure requirements for information in the registry; and

4. Procedures for granting a waiver of the provisions of

paragraph 1 of subsection G of Section 1025.2 of this title by the

Director of Human Services.

B. The community services worker registry shall include, but

not be limited to, the following information on each community

services worker and each Medicaid personal care assistant:

1. The individual’s full name;

2. Information necessary to identify each individual;

3. The date the individual’s name was placed in the registry;

and

4. Information on any final Office of Client Advocacy

investigative finding or Administrative Law Judge finding of

maltreatment concerning the worker.

C. The Office of Client Advocacy shall promptly report final

investigative findings to the Department of Human Services for the

purposes of the community services worker registry.

D. A community services worker, a Medicaid personal care

assistant, or applicant who is adversely affected by an

Administrative Law Judge finding of maltreatment of an individual

may seek judicial review pursuant to Article II of the

Administrative Procedures Act. The finding of the Administrative

Law Judge may be appealed to the district court of the county in

which the community services worker, Medicaid personal care

assistant, or applicant resides within thirty (30) days of the date

of the decision. A copy of the petition shall be served by mail

upon the general counsel of the Department of Human Services.

E. An investigation conducted under Section 1025.1 et seq. of

this title shall include a process for notifying a community

Oklahoma Statutes - Title 56. Poor Persons Page 262

services provider of areas of concern and administrative

information. An area of concern or administrative information shall

not be considered final investigative findings, nor shall the area

of concern or administrative information be included in a final

investigative report of the Office of Client Advocacy. The Office

shall develop a procedure by which a community services provider may

request an investigative status update within ten (10) calendar days

of the initiation of an investigation conducted under Section 1025.1

et seq. of this title.
Okla. Stat. tit. 56, § 56-230.52 — OK Code / Title 56 / Section 56-230.52
Minimum mandatory requirements for Temporary Assistance
Status: in_force

for Needy Families (TANF) program - Information management -

Implementation guidelines - List of recipients - Grant diversion

program and emergency assistance services authorized.

A. Except for specific exceptions, conditions or restrictions

authorized by the Statewide Temporary Assistance Responsibility

System (STARS) and rules promulgated by the Commission for Human

Oklahoma Statutes - Title 56. Poor Persons Page 100

Services pursuant thereto, the following are the minimum mandatory

requirements for the Temporary Assistance for Needy Families (TANF)

program:

1. A recipient shall be eligible to receive assistance pursuant

to the TANF program only for a lifetime total of five (5) years,

subject to the exemptions allowed by federal law. Child-only cases

are not subject to the five-year limitation;

2. Single parents receiving temporary assistance pursuant to

the TANF program shall participate in work activities for a minimum

of twenty (20) hours per week during the month. Two-parent families

receiving temporary assistance pursuant to the TANF program shall

participate in work activities for a minimum of thirty-five (35)

hours per week during the month;

3. A recipient must be engaged in one or more of the work

activities set out in paragraph 4 of this subsection as soon as

required by the Department of Human Services pursuant to the TANF

program, but not later than twenty-four (24) months after

certification of the application for assistance, unless the person

is exempt from work requirements under rules promulgated by the

Department pursuant to the STARS;

4. The Department shall develop and describe categories of

approved work activities for the TANF program recipients in

accordance with this paragraph. Work activities that qualify in

meeting the requirements include, but are not limited to:

a. (1) unsubsidized employment which is full-time

employment or part-time employment that is not

directly supplemented by federal or state funds,

(2) subsidized private sector employment which is

employment in a private for-profit enterprise or

a private not-for-profit enterprise that is

directly supplemented by federal or state funds.

Prior to receiving any subsidy or incentive, the

employer shall enter into a written contract with

the Department, and

(3) subsidized public sector employment which is

employment by an agency of a federal, state, or

local governmental entity which is directly

supplemented by federal or state funds. Prior to

receiving any subsidy or incentive, the employer

shall enter into a written contract with the

Department.

Subsidized hourly employment or unsubsidized hourly

employment pursuant to this subparagraph shall only be

approved by the Department as work activity if such

employment is subject to:

Oklahoma Statutes - Title 56. Poor Persons Page 101

(a) the federal minimum wage requirements

pursuant to the Fair Labor Standards Act of

1938, as amended,

(b) the federal Social Security tax and Medicare

tax, and(TANF) program - Information management - Implementation guidelines - List of recipients - Grantzed hourly employment or unsubsidized hourly

employment pursuant to this subparagraph shall only be

approved by the Department as work activity if such

employment is subject to:

Oklahoma Statutes - Title 56. Poor Persons Page 101

(a) the federal minimum wage requirements

pursuant to the Fair Labor Standards Act of

1938, as amended,

(b) the federal Social Security tax and Medicare

tax, and

(c) regulations promulgated pursuant to the

federal Occupational Safety and Health Act

of 1970 and rules promulgated by the State

Department of Labor pursuant thereto,

b. a program of work experience,

c. on-the-job training,

d. assisted job search which may include supervised or

unsupervised job-seeking activities,

e. job readiness assistance which may include, but is not

limited to:

(1) orientation in the work environment and basic

job-seeking and job retention skills,

(2) instruction in completing an application for

employment and writing a resume,

(3) instruction in conducting oneself during a job

interview, including appropriate dress, and

(4) substance abuse treatment and mental health

counseling,

f. job skills training which is directly related to

employment in a specific occupation for which there is

a written commitment by an employer to offer

employment to a recipient who successfully completes

the training. Job skills training includes, but is

not limited to, customized training designed to meet

the needs of a specific employer or a specific

industry,

g. community service programs which are job-training

activities provided in areas where sufficient public

or private sector employment is not available. Such

activities are linked to both education or training

and activities that substantially enhance a

recipient’s employability,

h. literacy and adult basic education programs,

i. vocational-educational programs, not to exceed twelve

(12) months for any individual, which are directed

toward vocational-educational training and education

directly related to employment,

j. education programs which are directly related to

specific employment opportunities, if a recipient has

not received a high school diploma or General

Equivalency Degree, and

Oklahoma Statutes - Title 56. Poor Persons Page 102

k. child care for other STARS recipients. The recipient

must meet training and licensing requirements for

child care providers as required by the Oklahoma Child

Care Facilities Licensing Act;

5. Single, custodial parents with a child up to one (1) year of

age may be exempt from work activities for a lifetime total

exemption of twelve (12) months;

6. In order to receive assistance, unmarried teen parents of a

minor child at least twelve (12) weeks of age must participate in

educational activities or work activities approved by the state;

7. For single-parent families, except for teen parents,

educational activities, other than vocational-technical training, do

not count toward meeting the required twenty (20) hours of work

activity. For two-parent families, educational activities, except

vocational-technical training, do not count toward meeting the

required thirty-five (35) hours of work activity;

8. A teen parent must live at home or in an approved, adult-

supervised setting as specified in Section 230.55 of this title to

receive TANF assistance;

9. An applicant or recipient with an unborn child and who does

not have children living in the home qualifies for TANF to the same

extent as a parent with minor children living in the home;

10. A recipient must comply with immunization requirements

established pursuant to the TANF program;

11. The following recipient resources are exempt from resource

determination criteria:

a. an automobile with an equity allowance of not more

than Five Thousand Dollars ($5,000.00) pursuant to

Section 230.53 of this title,

b. individual development accounts established pursuant

to the Family Savings Initiative Act, or individual

development accounts established prior to November 1,

1998, pursuant to the provisions of Section 230.54 of

this title in an amount not to exceed Two Thousand

Dollars ($2,000.00),

c. the equity value of funeral arrangements owned by a

recipient that does not exceed the limitation

specified by Section 165 of this title, and

d. earned income disregards not to exceed One Hundred

Twenty Dollars ($120.00) and one-half (1/2) of the

remainder of the earned income;

12. An applicant who applies and is otherwise eligible to

receive TANF benefits but who has resided in this state less than

twelve (12) months shall be subject to Section 230.57 of this title;

13. The recipient shall enter into a personal responsibility

agreement with the Department for receipt of assistance pursuant to

Section 230.65 of this title;

Oklahoma Statutes - Title 56. Poor Persons Page 103

14. The Department shall, beginning November 1, 2023, screen

all adult TANF recipients as part of the required TANF employability

plan to determine if they are engaged in the illegal use of a

controlled substance or substances. If the Department has made a

determination that the recipient is engaged in the illegal use of a

controlled substance or substances, the recipient’s TANF

employability plan will include substance abuse treatment and/or

mental health counseling as a part of the assigned work activities

as set out in paragraph 4 of this subsection. The Department of

Human Services shall adopt rules to implement the requirements of

this paragraph consistent with the following:

a. the Department shall create a controlled substance

screening process to be administered during the

assessment process that determines the TANF

employability plan. The process shall, at a minimum,

include a Substance Abuse Subtle Screening Inventory

(SASSI) or other similar screening methods. If

necessary to establish a reasonable expectation of

certainty, the Department is authorized to use further

screening methods, which may include, but are not

limited to, a clinical interview and consideration of

the Department’s history with the applicant. If the

Department has reasonable cause to believe that the

recipient is engaged in the illegal use of a

controlled substance or substances, the Department is

authorized, though not required, to request

administration of a chemical drug test. The cost of

all such initial screenings shall not be borne by the

recipient,

b. if at any time during the controlled substance

screening process, the recipient refuses to

participate without good cause, that refusal shall

lead to a closure of TANF benefits;

15. a. As a condition of participating in the STARS, all

recipients are deemed to have given authorization for

the release of any and all information necessary to

allow all state and federal agencies to meet the

program needs of the recipient.

b. The recipient shall be provided a release form to sign

in order to obtain the required information. Failure

to sign the release form may result in case closure;

and

16. The recipient shall comply with all other conditions and

requirements of the STARS, and rules of the Commission promulgated

pursuant thereto.

B. 1. Agencies of this state involved in providing services to

recipients pursuant to the STARS shall exchange information as

Oklahoma Statutes - Title 56. Poor Persons Page 104

necessary for each agency to accomplish objectives and fulfill

obligations created or imposed by the STARS and rules promulgated

pursuant thereto.

2. Information received pursuant to the STARS shall be

maintained by the applicable agency and, except as otherwise

provided by this subsection, shall be disclosed only in accordance

with any confidentiality provisions applicable to the agency

originating the information.

3. The various agencies of the state shall execute operating

agreements to facilitate information exchanges pursuant to the

STARS.

C. In implementing the TANF program, the Department shall:

1. Provide assistance to aliens pursuant to Section 230.73 of

this title;

2. Provide for the closure of the TANF case when the adult

recipient refuses to cooperate with agreed upon work activities or

other case requirements pursuant to the TANF program;

3. Provide for the sanctioning of parents who do not require

their minor children to attend school; and

4. Deny temporary assistance to fugitive felons.

D. In order to ensure that the needy citizens of this state are

receiving necessary benefits, the Department shall maintain a

listing of all recipients receiving public assistance. The listing

shall reflect each recipient’s income, social security number, and

the programs in which the recipient is participating including, but

not limited to, TANF, food stamps, child care, and medical

assistance.

E. The Department is hereby authorized to establish a grant

diversion program and emergency assistance services.
Okla. Stat. tit. 56, § 56-65 — OK Code / Title 56 / Section 56-65
Screening of persons requesting assistance
Status: in_force

Any person requesting assistance pursuant to the Oklahoma

Indigent Health Care Act and who meets the criteria specified in

paragraph 2 of Section 58 of this title shall be required to go

through a screening process established by the Department of Human

Services as follows:

1. A determination shall be made as to whether the person is

eligible for any existing state or federal health care program; and

2. If the person is ineligible for existing state or federal

programs, said person's account shall be placed in the indigent

health care account of the hospital or clinic's records.
Okla. Stat. tit. 56, § 56-3100 — OK Code / Title 56 / Section 56-3100
Aging Services Division - Duties
Status: in_force

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

Services shall, in accordance with the provisions of this section

and in consultation with area agencies on aging, establish a program

to provide leadership for improving the quality and quantity of

legal and advocacy assistance as a means of ensuring a comprehensive

elder rights system for Oklahoma’s vulnerable elderly.

2. In carrying out the program established in paragraph 1 of

this subsection, the Aging Services Division shall coordinate and

provide assistance to area agencies on aging and other entities in

Oklahoma that assist older individuals in:

a. understanding the rights of the older individual,

b. exercising choice,

c. benefiting from services and opportunities authorized

by law,

d. maintaining the rights of the older individual and, in

particular, of the older individual with reduced

capacity, and

e. resolving disputes.

B. In carrying out the provisions of this section, the Aging

Services Division shall:

1. Establish an Office of Elder Rights and Legal Assistance

Services Development as the focal point for leadership on elder

rights policy review, analysis, and advocacy at the state level,

including, but not limited to, such elder rights issues as

guardianship, age discrimination, pension and health benefits,

insurance, consumer protection, surrogate decision-making,

protective services, public benefits, and dispute resolution;

2. Designate a person to administer the program, who shall be

known as the State Legal Services Developer and who shall serve on a

full-time basis, and other personnel, sufficient to ensure:

a. leadership in securing and maintaining legal rights

for the older individual,

b. capacity for coordinating the provision of legal

assistance,

c. capacity to provide technical assistance, training and

other supportive functions to area agencies on aging,

legal assistance providers, ombudsmen, and other

persons as appropriate,

d. capacity to promote financial management services for

older individuals at risk of guardianship,

e. capacity to analyze, comment on, monitor, develop, and

promote federal, state, and local laws, rules and

Oklahoma Statutes - Title 56. Poor Persons Page 283

regulations, and other governmental policies and

actions that pertain to the issues listed in paragraph

1 of this subsection, and

f. capacity to provide such information as necessary to

public and private agencies, legislators, and other

persons regarding the issues listed in paragraph 1 of

this subsection;

3. Develop, in conjunction with area agencies on aging and

legal assistance providers, statewide standards for the delivery of

legal assistance to older individuals;

4. Provide technical assistance to area agencies on aging and

legal assistance providers to enhance and monitor the quality and

quantity of legal assistance to older individuals, including

technical assistance in developing plans for targeting services to

reach the older individual with greatest economic need and the older

individual with greatest social need, with particular attention to

low-income minority individuals;

5. Provide consultation to area aging agencies to ensure

coordination of their activities with:

a. the legal assistance initiatives provided under the

Older Americans Act,

b. services provided by the Legal Services Corporation,

and

c. services provided under other state or federal

programs, administered at the state and local level,

that address the legal assistance needs of older

individuals;

6. Provide for the education and training of professionals,

volunteers, and older individuals concerning elder rights, the

requirements and benefits of specific laws, and methods for

enhancing the coordination of services;

7. Promote and provide, as appropriate, education and training

for individuals who are or who might become guardians or

representative payees of older individuals, including information

on:

a. the powers and duties of guardians or representative

payees, and

b. alternatives to guardianship;

8. Promote the development of, and provide technical assistance

concerning:

a. pro bono legal assistance programs,

b. state and local bar committees on aging,

c. legal hot lines,

d. alternative dispute resolution,

e. programs and curricula, and

f. other issues related to the rights and benefits of

older individuals;

Oklahoma Statutes - Title 56. Poor Persons Page 284

in law schools and other institutions of higher education, and

promote other methods to expand access by older individuals to legal

assistance and advocacy and vulnerable elder rights protection

activities;

9. Provide for periodic assessment of the status of elder

rights in Oklahoma, including analysis of:

a. (1) the unmet need for assistance in resolving legal

problems and benefits-related problems,

(2) methods for expanding advocacy services,

(3) the status of substitute decision-making systems

and services, including, but not limited to,

systems and services regarding guardianship,

representative payeeship, and advance directives,

(4) access to courts and the justice system, and

(5) the implementation of civil rights and age

discrimination laws in Oklahoma, and

b. problems and unmet needs identified in programs

established under the Older Americans Act; and

10. For the purpose of identifying vulnerable elder rights

protection activities provided by the entities under this act and

coordinating such activities with programs established under the

Older Americans Act, develop working agreements with:

a. state entities, including the state consumer

protection agency, the court system, the Attorney

General, the state agency responsible for equal

employment opportunity initiatives, and other state

agencies, and

b. federal entities, including the Social Security

Administration, the Health Care Financing

Administration, the Department of Veterans’ Affairs,

and other federal agencies.

C. As used in this section, the term “representative payee”

means the person who enters into a contractual relationship with the

United States Social Security Administration to receive a social

security recipient’s check and to disburse funds to meet the needs

of the recipient.
Okla. Stat. tit. 56, § 56-164 — OK Code / Title 56 / Section 56-164
Eligibility for assistance
Status: in_force

A. Assistance shall be given under this act:

1. To any needy person who has attained the age of sixty-five

(65) years; provided, however, that when authorized by federal law

or regulations, and in conformity therewith, the age requirement for

needy persons under this act shall be sixty-two (62) years. In

addition to the above age requirements, said needy person shall

possess the following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

b. has not sufficient income or other resources to

provide for himself or herself,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services, and

Oklahoma Statutes - Title 56. Poor Persons Page 46

d. has not made an assignment, transfer or encumbrance of

property for the purpose of rendering himself or

herself eligible for assistance under this act, at any

time within five (5) years immediately preceding the

filing of an application for assistance;

2. To any needy person who is blind and who possesses the

following qualifications:

a. shall be residing in this state with intent to remain

in this state at the time assistance is received,

b. has not sufficient income or other resources to

provide for himself or herself,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services,

d. has not made an assignment, transfer or encumbrance of

property so as to render himself or herself eligible

for assistance under this act at any time within five

(5) years immediately preceding the filing of an

application for assistance, and

e. shall not, during the period of receiving assistance,

solicit alms;

3. To any child possessing the following qualifications:

a. is crippled or is suffering from conditions which may

lead to crippling,

b. is in need of medical, surgical, corrective or other

services and care,

c. has not sufficient income or other resources to

provide such medical, surgical, corrective or other

services and care,

d. has no relatives who are financially able and who are

required by law to provide such services and care,

e. shall be residing in this state with intent to remain

in the state at the time assistance is received, and

f. who is not receiving adequate aid under other

provisions of law;

4. To or on behalf of any dependent child who is under the age

of eighteen (18) years of age or will graduate from high school

prior to reaching nineteen (19) years of age and who possesses the

following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

b. has been deprived of parental support or care by

reason of the death, continued absence from the home,

or physical or mental incapacity of a parent, and who

is living with a relative of the proper degree as

designated by the Commission for Human Services in a

place of residence maintained by one or more of such

relatives as his or their own home,

Oklahoma Statutes - Title 56. Poor Persons Page 47

c. has not sufficient income or other resources to

provide for himself, and

d. is a resident of the state at the time of receiving

assistance.

As an incentive to accept employment, an amount as established

by the Commission for Human Services may be disregarded in the

determination of the amount of earned income to be considered

against the grant of aid to families with dependent children.

Incapacitated parents of dependent children and all other

disabled persons receiving public assistance from the Department of

Human Services, who, considering age, degree of incapacity, and

ability to work, appear to be able to return to a status of self-

support through surgery, medical treatment, vocational training, and

selective placement, or any one or any combination of these

services, shall be referred to the State Department of

Rehabilitation Services, and encouraged to accept such

rehabilitation services as may be available to them. The Department

of Human Services and the State Department of Rehabilitation

Services are directed to jointly formulate an agreement for the

orderly referral of such cases, and the prevention of duplication of

effort and expense, and the full implementation of this policy, such

agreement to become effective when approved by the Oklahoma Public

Welfare Commission and the Commission for Rehabilitation Services;

provided that, in cases where either parent would be required to

support such child or children except for his or her physical

incapacity, it is the duty of the Director of the Department of

Human Services to furnish the name of such parent to the State

Department of Rehabilitation Services. The State Department of

Rehabilitation Services shall review the available medical and

social information and shall contact such parent, if it can be

ascertained that he or she can be rehabilitated. If such parent

refuses to allow an examination by the State Department of

Rehabilitation Services, the State Department of Rehabilitation

Services shall so notify the Director of the Department of Human

Services and the children of such parent may be immediately removed

from the welfare rolls. If said parent submits to examination and

it is found that he or she can be rehabilitated, the State

Department of Rehabilitation Services shall proceed to rehabilitate

him or her. If said parent refuses to submit himself or herself for

rehabilitation, whether by medical treatment or otherwise, said

service shall so certify to the Director of the Department of Human

Services who may immediately order the children of said parent

removed from the welfare rolls; and

5. To any needy person who is permanently and totally disabled

and who possesses the following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

Oklahoma Statutes - Title 56. Poor Persons Page 48

b. has not sufficient income or other resources to

provide for himself or herself; provided, that the

resources or income of a person's parents shall be

considered in determining his or her eligibility for

assistance for persons under eighteen (18) years of

age; provided further, that no person shall be

eligible to receive assistance under this subsection

for any period of time with respect to which he or she

receives assistance under any other provision of the

section of which this subsection is a part,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services, and

d. has not made an assignment, transfer or encumbrance of

property so as to render himself or herself eligible

for assistance under this act, at any time within five

(5) years immediately preceding the filing of an

application for assistance.

B. Eligibility for assistance under provisions of this

subsection shall be determined under rules promulgated, from time to

time, by the Department of Human Services as provided by law.

Added by State Question No. 226, Initiative Petition No. 155, § 4,

adopted July 7, 1936. Amended by Laws 1939, p. 89, § 4, emerg. eff.

May 9, 1939; Laws 1945, p. 182, § 1, emerg. eff. April 17, 1945;
Okla. Stat. tit. 56, § 56-237.6 — OK Code / Title 56 / Section 56-237.6
AFDC recipients required to participate in parent or
Status: in_force

early childhood education programs.

A. The Department of Human Services shall require, as a

condition of participation, that parents or guardians receiving

benefits pursuant to the Aid to Families with Dependent Children

(AFDC) program participate in a parent education program or enlist

Oklahoma Statutes - Title 56. Poor Persons Page 127

or enroll their child or children in a Head Start program, a Parents

as Teachers program, a local early childhood education program for

four-year-old children, if available, in kindergarten programs, or

in schooling deemed appropriate by school authorities, unless the

child is being home educated as per the Oklahoma Constitution and

statutes.

B. The Department shall allow parents or guardians who attend

all parent-teacher conferences requested by teachers or other

officials, or who participate in parent education programs offered

by a school district to apply an equivalent amount of time towards

any work experience or job training requirements.
Okla. Stat. tit. 56, § 56-1011.12 — OK Code / Title 56 / Section 56-1011.12
Feasibility study for state plan amendment for applied behavior analysis treatment of
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 11behavior analysis treatment of autism spectrum disorder.

A. The Oklahoma Health Care Authority, in conjunction with the

Department of Mental Health and Substance Abuse Services, the State

Department of Health and the State Department of Education shall

examine the feasibility of a state plan amendment to the Oklahoma

Medicaid Program for applied behavior analysis treatment of autism

spectrum disorders.

B. On or before December 31, 2016, the Authority and partnering

agencies shall submit a report to the President Pro Tempore of the

Senate, the Speaker of the House of Representatives and the Governor

estimating the potential costs to the state, clinical findings,

reviews of pilot projects and research from other states on the

effects of applied behavioral analysis treatment on autism spectrum

disorders.

C. Beginning July 1, 2017, and subject to the availability of

funding, the Authority and partnering agencies shall draft a state

plan amendment for applied behavior analysis treatment of autism

spectrum disorders. The provisions of this subsection shall only

apply if the report required by subsection B of this section

demonstrates applied behavioral analysis treatment to be evidence-

based and essential to qualifying participants in the Oklahoma

Medicaid Program.

D. As used in this section:

1. "Applied behavior analysis" means the design, implementation

and evaluation of environmental modifications, using behavioral

stimuli and consequences, to produce socially significant

improvement in human behavior, including the use of direct

observation, measurement and functional analysis of the relationship

between environment and behavior;

2. "Autism spectrum disorder" means any of the pervasive

developmental disorders or autism spectrum disorders as defined by

the most recent edition of the Diagnostic and Statistical Manual of

Mental Disorders (DSM) or the edition that was in effect at the time

of diagnosis;

3. "Behavioral health treatment" means counseling and treatment

programs, including applied behavior analysis, that are:

Oklahoma Statutes - Title 56. Poor Persons Page 239

a. necessary to develop, maintain or restore, to the

maximum extent practicable, the functioning of an

individual, and

b. provided by a board-certified behavior analyst or by a

licensed doctoral-level psychologist so long as the

services performed are commensurate with the

psychologist's university training and supervised

experience; and

4. "Treatment for autism spectrum disorder" means evidence-

based care and related equipment prescribed or ordered for an

individual diagnosed with an autism spectrum disorder by a licensed

physician or a licensed doctoral-level psychologist who determines

the care to be medically necessary, including, but not limited to:

a. behavioral health treatment,

b. pharmacy care,

c. psychiatric care,

d. psychological care, and

e. therapeutic care.
Okla. Stat. tit. 56, § 56-1010.8A — OK Code / Title 56 / Section 56-1010.8A
Medicaid Health Improvement Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Health Care Authority to be designated the

"Medicaid Health Improvement Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received from the premium tax levied on

contracted entities under paragraph 2 of subsection A of Section 624

of Title 36 of the Oklahoma Statutes and such other funds as may be

provided by law. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the

Authority for the following purposes:

1. To supplement the state Medicaid program;

Oklahoma Statutes - Title 56. Poor Persons Page 225

2. To supplement the Supplemental Hospital Offset Payment

Program; and

3. To supplement the Rate Preservation Fund created in Section

5020A of Title 63 of the Oklahoma Statutes.

Expenditures from the fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 56, § 56-4003 — OK Code / Title 56 / Section 56-4003
Biomarker testing coverage
Status: in_force

A. As used in this section:

1. "Biomarker", "biomarker testing", "consensus statement", and

"nationally recognized clinical practice guidelines" shall have the

same meaning as provided by Section 1 of this act; and

2. "Contracted entity" shall have the same meaning as provided

by Section 4002.2 of Title 56 of the Oklahoma Statutes.

B. The state Medicaid program shall cover biomarker testing in

accordance with the requirements provided by this section.

C. Biomarker testing shall be covered for the purposes of

diagnosis, treatment, appropriate management, or ongoing monitoring

of a member’s disease or condition when the test is supported by

medical and scientific evidence, including, but not limited to:

Oklahoma Statutes - Title 56. Poor Persons Page 322

1. Labeled indications for a United States Food and Drug

Administration (FDA)-approved or -cleared test;

2. Indicated tests for an FDA-approved drug;

3. Warnings and precautions on FDA-approved drug labels;

4. Centers for Medicare and Medicaid Services (CMS) national

coverage determinations or Medicare Administrative Contractor (MAC)

local coverage determinations; or

5. Nationally recognized clinical practice guidelines and

consensus statements.

D. Contracted entities under the state Medicaid program shall

provide biomarker testing at the same scope, duration, and frequency

as the Medicaid program otherwise provides to members.

E. If prior authorization is required for biomarker testing,

the contracted entity shall approve or deny a prior authorization

request and notify the member, the member’s provider, and any entity

requesting authorization of the service within seventy-two (72)

hours for non-urgent requests or within twenty-four (24) hours for

urgent requests.

F. The member and the member’s provider shall have access to

clear, readily accessible, and convenient processes to request an

exception to a coverage policy for biomarker testing of the state

Medicaid program. The process shall be made readily accessible to

all participating providers and members online.
Okla. Stat. tit. 56, § 56-1017.6 — OK Code / Title 56 / Section 56-1017.6
Options counseling for long-term care for persons 55 or
Status: in_force

older.

A. As used in this section, "Program of All-Inclusive Care for

the Elderly (PACE)" means a full risk-bearing program that provides

comprehensive health services for individuals age fifty-five (55)

and over who are sufficiently frail to be categorized as nursing

home eligible by the state's Medicaid program. PACE shall be

Oklahoma Statutes - Title 56. Poor Persons Page 250

reimbursed on a fixed per-member per-month rate and, in return for

such fixed payment, is responsible for providing all health

services, including transportation.

B. 1. Persons who are fifty-five (55) years of age or older,

or their legal guardians or lay caregivers, shall receive options

counseling for long-term care as defined in Section 3002.7 of Title

56 of the Oklahoma Statutes prior to admission to a long-term care

facility, except in the case of an emergency admission. Options

counseling shall include, but not be limited to, PACE, if so

applicable, nursing facilities and home- and community-based

services.

2. In the case of an emergency admission, the options

counseling for long-term care shall take place within fourteen (14)

days of the emergency admission or as soon as is reasonably

possible.

3. Persons who are fifty-five (55) years of age or older and

live within the defined service area of a PACE provider shall

receive information regarding PACE as part of options counseling for

long-term care as defined in Section 3002.7 of Title 56 of the

Oklahoma Statutes.

4. Any person currently residing in a nursing facility shall be

able to receive options counseling for long-term care as defined in

Section 3002.7 of Title 56 of the Oklahoma Statutes at the person's,

or their legal guardian's or lay caregiver's, request or at the time

of any reevaluation or renewal of long-term care. Nothing in this

section shall require any person currently residing in a nursing

facility to receive options counseling if they do not desire to do

so.

C. A PACE organization shall be permitted to engage in

enrollment practices throughout the entirety of each month, to be

effective the first day of the following month.
Okla. Stat. tit. 56, § 56-230.73 — OK Code / Title 56 / Section 56-230.73
Qualified aliens
Status: in_force

A. As used in this section:

1. "Legal immigrant" means an individual not born in the United

States and not a citizen of the United States whose entrance into

the United States has been approved by the Immigration and

Naturalization Service; and

2. "Qualified alien" shall have the same meaning as such term

is defined by Section 431(b) of the federal Personal Responsibility

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

amended.

B. 1. The Legislature hereby finds and declares that passage

of the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, P.L. 104-193, requires the states to

make certain decisions concerning legal immigrants and their

eligibility for certain types of public assistance.

2. The goal of this section is to recognize that foreign-born

legal residents of the State of Oklahoma contribute to our society

by working in our communities, supporting local businesses, and

paying taxes and should be eligible to receive certain types of

public assistance under certain conditions. Moreover, the state

goal is to provide the types of assistance that will enhance the

state's ability to receive federal financial participation, thereby

reducing the ultimate burden on the state and local government for

emergency health and welfare needs.

Oklahoma Statutes - Title 56. Poor Persons Page 116

3. This section is also intended to encourage and support

efforts to help foreign-born legal residents of the State of

Oklahoma to become citizens of the United States.

C. 1. A qualified alien who entered the United States before

August 22, 1996, shall be eligible to receive benefits under a state

program funded by Temporary Assistance for Needy Families Block

Grant Funds pursuant to Part A of Title IV of the federal Social

Security Act.

2. A qualified alien who entered the United States on or after

August 22, 1996, shall be barred from receiving the benefits

described in paragraph 1 of this subsection for a period of five (5)

years after the date of entry into the United States, unless such

alien meets the exceptions set forth in the federal Personal

Responsibility and Work Opportunity Reconciliation Act of 1996, P.L.

104-193, as amended. After five (5) years, the qualified alien

shall be eligible for benefits pursuant to the Statewide Temporary

Assistance Responsibility System (STARS), but shall have sponsor

income deemed to the individual or family pursuant to rules

promulgated by the Commission for Human Services.

D. 1. A qualified alien who entered the United States before

August 22, 1996, shall be eligible to receive benefits under the Old

Age Pension, the Aid to the Needy Disabled, and the Aid to the Blind

programs if such qualified alien meets the eligibility criteria for

such programs, other than citizen status.

2. A qualified alien who entered the United States on or after

August 22, 1996, shall be barred from receiving benefits under the

programs described in paragraph 1 of this subsection for a period of

five (5) years after the date of entry into the United States,

unless the alien meets the exceptions set forth in the federal

Personal Responsibility and Work Opportunity Reconciliation Act of

1996, P.L. 104-193, as amended. After five (5) years, the qualified

alien shall be eligible for benefits pursuant to such programs but

shall have sponsor income deemed to the person or family pursuant to

rules promulgated by the Commission for Human Services.

E. The Commission for Human Services shall encourage a

qualified alien who is eligible to submit an application for

citizenship to submit such an application.

F. 1. The Commission shall promulgate rules for the delivery

of emergency assistance to a person who:

a. is a legal immigrant and a resident of the State of

Oklahoma,

b. is not a citizen of the United States, and

c. meets the eligibility requirements for assistance

pursuant to the Statewide Temporary Assistance

Responsibility System (STARS) program other than

citizen status and is not receiving any other public

assistance as specified by the Commission.

Oklahoma Statutes - Title 56. Poor Persons Page 117

2. Such emergency assistance may include, but need not be

limited to, the following forms of assistance:

a. housing,

b. food,

c. short-term cash assistance, and

d. clothing and social services for children.

G. 1. Sponsors shall be expected to meet their financial

commitments to the immigrants whom they sponsor and for whom they

sign affidavits of support.

2. The Commission shall also promulgate rules consistent with

this section and federal law to enforce sponsor commitments for

noncitizen applicants for or recipients of public assistance or

medical assistance.

H. In the event that after passage of this act federal law

authorizes extended benefits to aliens, the provision of this

section shall be modified and made consistent with the provisions of

federal law.
Okla. Stat. tit. 56, § 56-27.4 — OK Code / Title 56 / Section 56-27.4
Suspension or denial of assistance for failure to work or
Status: in_force

misconduct.

Any person assigned to a community work and training program may

be denied assistance or may be suspended for such time as may be

fixed by the rules and regulations of the Department of Public

Welfare if such person without good cause:

(1) Fails or refuses to satisfactorily perform the labor or

services as may be assigned to him;

(2) Fails or refuses to report to work under such a program when

and as directed by the state, or federal government, county, city or

municipal corporation or by his foreman, overseer or other

supervisor therein;

(3) Abandons or repeatedly absents himself from work;

(4) Is insubordinate to his foreman, overseer or other

supervisor therein;

Oklahoma Statutes - Title 56. Poor Persons Page 19

(5) Fails or refuses to take due precaution for the safety of

himself or others or to use safety clothing or equipment made

available to him; or

(6) Is guilty of misconduct connected with such work.
Okla. Stat. tit. 56, § 56-237.3 — OK Code / Title 56 / Section 56-237.3
Attorneys employed by or contracting with Department of
Status: in_force

Human Services - Duties - Relationship.

A. Attorneys employed by or contracting with the Department of

Human Services for the establishment of paternity and the

establishment, enforcement, and collection of child support

obligations under Part D of Title IV of the Federal Social Security

Act, 42 U.S.C., Section 651 et seq., or attorneys acting for the

Department through an agreement as set forth in Section 237.1 of

this title may represent the state or other states in administrative

or civil actions.

B. Department attorneys represent the state and not the

interests of any other party. Providing services under Title IV-D

of the Federal Social Security Act does not create an attorney-

client relationship with any other party.

C. Neither the Department of Human Services nor any attorney

providing services under Title IV-D of the Federal Social Security

Act shall be authorized to accept service, as authorized in Section

2005 of Title 12 of the Oklahoma Statutes, for any party other than

the Department of Human Services.
Okla. Stat. tit. 56, § 56-95 — OK Code / Title 56 / Section 56-95
Bonds - Sale
Status: in_force

If at said election the voters, voting thereon, shall vote in

favor of the issuance of the bonds, the board of county

commissioners shall at once proceed to issue the same and shall

deposit the bonds in the treasury of the county, the treasurer being

responsible and chargeable therefor on his official bond. The board

of county commissioners shall proceed to sell said bonds and deposit

the proceeds from the sale thereof in the county treasury, to be

paid out by the treasurer upon orders of the board from time to time

as the same shall be needed. Provided, said bonds shall not be sold

for less than par and accrued interest.
Okla. Stat. tit. 56, § 56-176 — OK Code / Title 56 / Section 56-176
Homeless and neglected children
Status: in_force

The Commission is authorized to set up a division for the

protection and care of homeless, dependent and neglected children,

and children in danger of becoming delinquent and to provide an

adequate child welfare service to accomplish the purposes herein set

forth.

Added by State Question No. 226, Initiative Petition No. 155, § 16,

adopted July 7, 1936. Amended by Laws 1939, p. 92, § 14, emerg.

eff. May 9, 1939; Laws 1988, c. 326, § 12, emerg. eff. July 13,

1988.
Okla. Stat. tit. 56, § 56-4001.2 — OK Code / Title 56 / Section 56-4001.2
Options for a qualified ABLE program
Status: in_force

A. The State Treasurer shall facilitate access to a qualified

ABLE program through the selection of one or more of the following

options:

1. Establishing an Achieving a Better Life Experience program

as provided under the Tax Increase Prevention Act of 2014, Pub. L.

No. 113-295;

2. Contracting with a state with a qualified ABLE program;

3. Joining a consortium of states in administering a qualified

ABLE program; or

4. Operating a website to assist eligible individuals with the

selection of a qualified program.

B. In the event the State Treasurer elects to establish an ABLE

program pursuant to paragraph 1 of subsection A of this section, he

or she shall:

1. Develop and implement the program in a manner consistent

with this act through the adoption of guidelines and procedures;

2. Retain professional services, if necessary, including

accountants, auditors, consultants and other experts;

3. Seek rulings and other guidance, if necessary, from the

United States Department of the Treasury, the Internal Revenue

Service and the Oklahoma Attorney General relating to the program;

4. Make changes to the program required for the participants in

the program to obtain the federal income tax benefits or treatment

provided by Section 529A of the Internal Revenue Code;

5. Interpret, in policies, guidelines and procedures, the

provisions of the ABLE program broadly in light of its purpose and

objectives;

6. Develop a schedule of application fees and other necessary

fees and charges in connection with any agreement, contract or

transaction relating to the program that are sufficient to offset

the administrative and staffing costs associated with the

implementation and administration of this program;

Oklahoma Statutes - Title 56. Poor Persons Page 290

7. Select the financial institution or institutions to act as

the depositories and managers of the program accounts in accordance

with this act. For purposes of selecting such institutions and

managers, the Office of the State Treasurer shall be exempt from The

Oklahoma Central Purchasing Act. The Treasurer shall develop a

competitive process by which the institutions and managers will be

selected; and

8. Be exempt from the rulemaking provisions of the

Administrative Procedures Act when adopting guidelines for the ABLE

program; provided, any such guidelines affecting existing or

potential participants in the ABLE program may only be implemented

after reasonable notice to the public and a public hearing in a

manner similar to the requirements of the Administrative Procedures

Act.

C. In the event the State Treasurer elects to contract with

another state or join a consortium pursuant to the provisions of

subsection A of this section, he or she shall:

1. Select the state or consortium which the Treasurer has

determined will provide the greatest benefit to eligible

individuals. For purposes of selecting such state or consortium,

the Office of the State Treasurer shall be exempt from The Oklahoma

Central Purchasing Act. The Treasurer shall develop a competitive

process by which the state or consortium will be selected; and

2. Develop procedures to assist in the promotion of a partner

ABLE program which the Treasurer has selected pursuant to subsection

A of this section, whether such program is established by another

state or a consortium of states.
Okla. Stat. tit. 56, § 56-213 — OK Code / Title 56 / Section 56-213
Reservation of employer's share of contributions -
Status: reserved

Deduction of employees' share.

The employer's share of the contribution required to be paid by

the state to the federal government under the provisions of Public

Law 734 and applicable provisions of the Federal Internal Revenue

Code, as authorized by Title 51 of the Oklahoma Statutes beginning

at Section 121, shall be reserved out of funds available for

salaries appropriated or dedicated to each state department,

institution or agency at the time payrolls are prepared for payment

and shall be set aside in a reserve account in the State Treasury to

be paid to the federal government at such time or times as the

Federal Security Administrator may by regulations require.

For the purposes of Sections 211 through 215 of this title

"dedicated funds" shall include the State Highway Construction and

Maintenance Fund, Employment Security Administration Fund,

Department of Human Services Administration Fund, revolving funds of

all state departments and institutions, Federal Grant-in-aid Funds,

Trust and Agency Funds, and any other operating funds of state

agencies through which public money is disbursed for specific

purposes which do not require specific legislative appropriations to

be made.

State agencies making payment of salaries or wages to state

employees, independent of the Office of Management and Enterprise

Services, shall deduct the employees' share of the contribution at

the time payments are made and shall at the same time set up a

reserve out of the same fund for the employer's share to guarantee

the availability of funds when the social security report is

Oklahoma Statutes - Title 56. Poor Persons Page 90

required to be made. Any funds received for per diem, travel

reimbursement, or expenses incurred while in the performance of

official duties and specified statutory amounts received by board or

commission members shall not be considered compensation.
Okla. Stat. tit. 56, § 56-1012.2 — OK Code / Title 56 / Section 56-1012.2
Definitions
Status: in_force

As used in the Commitment to Care for People with Complex

Physical Disabilities Act:

1. "Complex physical disability" means a diagnosis or medical

condition that results in significant physical impairment and/or

functional limitation. Such term shall include, but not be limited

to, individuals with spinal cord injury, traumatic brain injury,

cerebral palsy, muscular dystrophy, spina bifida, osteogenesis

imperfecta, arthrogryposis, amyotrophic lateral sclerosis, multiple

sclerosis, demyelinating disease, myelopathy, myopathy, progressive

muscular atrophy, anterior horn cell disease, post-polio syndrome,

cerebellar degeneration, dystonia, Huntington's disease,

Oklahoma Statutes - Title 56. Poor Persons Page 242

spinocerebellar disease, and certain types of amputation, paralysis,

or paresis that result in significant physical impairment and/or

functional limitation. The term "complex physical disability" does

not negate the requirement that an individual meet medical necessity

requirements under Oklahoma Health Care Authority rules to qualify

for receiving complex rehabilitation technology;

2. "Complex rehabilitation technology" (CRT) means items

classified within the Medicaid program as of January 1, 2013, as

durable medical equipment that are individually configured for

individuals to meet their specific and unique medical, physical, and

functional needs and capacities for basic activities of daily living

and instrumental activities of daily living identified as medically

necessary. Such items shall include, but not be limited to, complex

rehabilitation manual and power wheelchairs and options/accessories,

adaptive seating and positioning items and options/accessories, and

other specialized equipment such as standing frames and gait

trainers and options/accessories;

3. "Employee" means a person whose taxes are withheld by a

qualified CRT supplier and reported to the Internal Revenue Service;

4. "Healthcare Common Procedure Coding System (HCPCS)" means

the billing codes used by Medicare and overseen by the federal

Centers for Medicare and Medicaid Services that are based on the

current procedural technology codes developed by the American

Medical Association;

5. "Individually configured" means a device has a combination

of sizes, features, adjustments, or modifications that a qualified

complex rehabilitation technology supplier can customize to the

specific individual by measuring, fitting, programming, adjusting,

or adapting the device as appropriate so that the device is

consistent with an assessment or evaluation of the individual by a

qualified health care professional and consistent with the

individual's medical condition, physical and functional needs and

capacities, body size, period of need, and intended use;

6. "Qualified complex rehabilitation technology professional"

means an individual who is certified as an Assistive Technology

Professional (ATP) by the Rehabilitation Engineering and Assistive

Technology Society of North America (RESNA);

7. "Qualified complex rehabilitation technology supplier" means

a company or entity that:

a. is accredited by a recognized accrediting organization

as a supplier of CRT,

b. is an enrolled Medicare supplier and meets the

supplier and quality standards established for durable

medical equipment suppliers, including those for CRT,

under the Medicare program,

c. employs as a W-2 employee at least one qualified CRT

professional for each location to:

Oklahoma Statutes - Title 56. Poor Persons Page 243

(1) analyze the needs and capacities of the complex-

needs patient in consultation with qualified

heath care professionals,

(2) participate in the selection of appropriate CRT

for such needs and capacities, and

(3) provide technology-related training in the proper

use of the CRT,

d. requires a qualified complex rehabilitation technology

professional be physically present for the evaluation

and determination of appropriate CRT,

e. has the capability to provide service and repair by

qualified technicians for all CRT it sells, and

f. provides written information to the complex-needs

patient prior to ordering CRT as to how the complex-

needs patient may receive service and repair; and

8. "Qualified health care professional" means a health care

professional licensed by the State Department of Health who has no

financial relationship with a qualified complex rehabilitation

technology supplier. Qualified health care professional includes,

but is not limited to:

a. a licensed physician,

b. a licensed physical therapist,

c. a licensed occupational therapist, or

d. other licensed health care professional who performs

specialty evaluations within the professional's scope

of practice.
Okla. Stat. tit. 56, § 56-230.18 — OK Code / Title 56 / Section 56-230.18
Renumbered as § 230.65 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-162 — OK Code / Title 56 / Section 56-162
Duties and powers of the Director
Status: in_force

A. The Governor shall have the power and duty to select a

Director of Human Services who shall serve as executive and

administrative officer of the Department of Human Services. The

Director shall be appointed wholly on the basis of ability, training

and experience qualifying him or her for public welfare

administration. The Director shall serve, subject to the

confirmation of the Senate, at the pleasure of the Governor. The

salary of the Director shall be fixed by the Governor.

B. The Director shall formulate the policies and adopt rules

and regulations for the effective administration of the duties of

the Department.

C. 1. The Director shall take the appropriate steps to ensure

rules and policies are promulgated to conduct appropriate background

searches of individuals both prior to and, if necessary, during

their employment with the Department. The job categories within the

Department that are subject to background searches prior to

employment shall be determined at the Director’s discretion. Such

background checks shall include, but not be limited to:

a. a search of the Oklahoma State Courts Network,

including Oklahoma District Court records,

b. a search of the Restricted Registry maintained by the

Department pursuant to Section 405.3 of Title 10 of

the Oklahoma Statutes,

c. a search of the Department of Corrections files

maintained by the Department pursuant to the Sex

Offender Registration Act,

d. a search of the Department of Corrections Violent

Offender Registry, also known as the Mary Rippy

Violent Crime Offender Registry,

e. a search of all applicable out-of-state child abuse

and neglect registries if the subject of the search

has not lived continuously in Oklahoma for the past

five (5) years,

f. a search of the community services worker registry

maintained by the Department pursuant to Section

1025.3 of this title; and

g. a fingerprint-based national criminal history record

check. The Department may directly request a national

Oklahoma Statutes - Title 56. Poor Persons Page 39

criminal history record check as defined by Section

150.9 of Title 74 of the Oklahoma Statutes from the

Oklahoma State Bureau of Investigation for the purpose

of investigating the criminal history of any employee

or applicant of the Department.

2. In addition, the Director shall ensure rules and policies

are promulgated to conduct a search of the Department’s records of

abuse and neglect both prior to and, if necessary, during the

employment of any person with the Department and whose scope of

employment will bring that individual into direct contact with any

vulnerable population.

D. The Director shall require and set the amount of the bond

for employees.

E. The Director shall cooperate with the federal Department of

Health and Human Services, or other similar agencies created by

Congress, in any reasonable manner as may be necessary to qualify

for federal aid to states in providing assistance to needy persons

in conformity with the provisions of this title, including the

making of reports in the form and containing information as a

federal agency may from time to time require, and comply with any

other similar federal agency requirements necessary to ensure the

correctness and verification of the reports.

F. The Director shall publish an annual report, not later than

four (4) months after the close of each fiscal year. The report

shall be presented to the Governor, the Speaker of the House of

Representatives and the President Pro Tempore of the Senate. Annual

reports shall provide information about the operations and programs

administered by the Department and shall include, but shall not be

limited to:

1. Statistical information regarding services provided and the

number of persons served by Department programs;

2. Financial data including a reasonable amount of detailed

information regarding revenues and expenditures and a breakdown and

comparison of the Department budget with actual expenditures;

3. Status of the workforce and productivity of the Department;

4. Information about Department efforts to ensure program

accountability and service delivery quality and integrity;

5. Demographic data and trends and their anticipated impact on

demand for services; and

6. Information regarding public and private institution-based

services.

G. The Director shall assume the statutory duties of the

Commission for Human Services.

Added by State Question No. 226, Initiative Petition No. 155, § 2,

adopted at election held July 7, 1936. Amended by Laws 1939, p. 86,

§ 2, emerg. eff. May 9, 1939; Laws 2012, c. 344, § 1, eff. Nov. 7,

Oklahoma Statutes - Title 56. Poor Persons Page 40

2012; Laws 2018, c. 30, § 1, eff. Nov. 1, 2018; Laws 2021, c. 43, §

1, eff. Nov. 1, 2021.
Okla. Stat. tit. 56, § 56-1011.3 — OK Code / Title 56 / Section 56-1011.3
Powers, duties and responsibilities of Health Care
Status: in_force

Authority – Program opt-out option.

A. The Oklahoma Health Care Authority shall have the following

powers, duties, and responsibilities with respect to the development

of the program established in Section 1011.2 of this title:

1. The consumer education component shall include the

following:

a. to develop a choice counseling system to ensure that

the choice counseling process and related material are

designed to provide consumers an understanding of both

public and private health insurance options provided

by this act including incentives through face-to-face

interaction, by telephone, and in writing, and through

other forms of relevant media,

b. to develop a system to ensure that there is record of

recipient acknowledgment that choice counseling has

been provided, and

c. to develop a choice counseling system that promotes

health literacy and includes an educational component

that is intended to promote proper utilization of the

health care system;

2. The consumer choice component shall include a comprehensive

feasibility study to allow individuals more choices in their health

care coverage including, but not limited to, employer-sponsored

insurance options, and may include the following:

Oklahoma Statutes - Title 56. Poor Persons Page 230

a. to develop a system to enable Medicaid consumers to

opt out of their current Medicaid program and purchase

health care coverage through their employer-sponsored

health insurance plan or access commercial health

insurance policies for their eligible family members,

b. to develop an actuarially sound average cost per

Medicaid consumer to provide medically necessary

services. This value shall be used for a voucher

system to subsidize Medicaid consumers’ premium costs

for their employer-sponsored or commercial health

insurance option,

c. to develop a process for Medicaid consumers to select

commercial health insurance options, the Oklahoma

Health Care Authority may develop a plan to implement

a personal health account system as an enhanced

benefit. Monies deposited into a personal health

account shall only be used by the recipient to defray

health-care-related costs including, but not limited

to, copayments, noncovered benefits, and wellness

initiatives. The Health Care Authority shall

promulgate rules guiding personal health account

transactions;

3. To provide a grievance-resolution process for Medicaid

consumers enrolled in a health plan. This process shall include a

mechanism for an expedited review of a grievance if the life of a

Medicaid recipient is in imminent and emergent jeopardy; and

4. To provide a grievance-resolution process for health care

providers employed by or contracted with a health plan to settle

disputes among the provider and the health plan or the provider and

the Oklahoma Health Care Authority.

B. Medicaid consumers electing to opt out of the current

program shall be subject to cost-sharing requirements, preexisting-

condition clauses and the possibility of different benefits of their

employer-sponsored insurance or selected commercial health care

provider. The consumer shall also be responsible to pay for any

cost differential between the state subsidy and their premium cost

should their premium cost be higher. If the cost is lower than the

state subsidy, then the difference may be placed into a personal

health account.

C. Notwithstanding any other provision of this section,

coverage, cost sharing, and any other component of employer-

sponsored health insurance shall be governed by applicable state and

federal laws.

D. The Oklahoma Health Care Authority shall develop a system to

ensure that the implementation of the provisions of this act do not

negatively affect the ability of American Indian or Alaska Native

beneficiaries to access services at Indian Health Service

Oklahoma Statutes - Title 56. Poor Persons Page 231

facilities, tribally operated health facilities and Urban Indian

Health Programs.

E. The Oklahoma Health Care Authority shall develop a system to

ensure that the implementation of the provisions of this act do not

negatively affect the reimbursement structure between the Oklahoma

Health Care Authority and the Indian Health Service facilities,

tribally operated health facilities and urban health programs.

F. The Oklahoma Health Care Authority shall develop mechanisms

through intergovernmental transfers which will allow tribally

operated facilities that elect to provide services to beneficiaries

other than American Indian or Alaska Native beneficiaries to receive

reimbursement for such services.
Okla. Stat. tit. 56, § 56-3051 — OK Code / Title 56 / Section 56-3051
Discontinuance of state-administered resource centers
Status: in_force

A. The Department of Human Services shall develop a plan which

contains targeted dates to change or discontinue the operation of

state-administered resource centers. In developing the plan, the

Department shall consult with the families and guardians of the

residents as well as affected employees of the resource centers, and

shall take into consideration the recommendations and concerns of

the families and guardians of the residents and affected employees.

B. The plan shall be submitted no later than January 1, 2012.

The plan shall be subject to disapproval by the Legislature on or

Oklahoma Statutes - Title 56. Poor Persons Page 282

before March 1, 2012. The plan shall not be implemented until after

March 1, 2012.
Okla. Stat. tit. 56, § 56-260 — OK Code / Title 56 / Section 56-260
Individual Development Account (IDA) Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Human Services to be designated the

"Individual Development Account (IDA) Revolving Fund". The fund

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

and shall consist of all monies appropriated or contributed thereto.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

grants awarded pursuant to the provisions of subsection C of Section

255 of this title. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

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

Enterprise Services for approval and payment.
Okla. Stat. tit. 56, § 56-230.8 — OK Code / Title 56 / Section 56-230.8
Renumbered as § 230.56 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-121 — OK Code / Title 56 / Section 56-121
When commissioners may sell
Status: in_force

The board of county commissioners of any county of this state is

hereby authorized and empowered to sell and convey any real estate

deeded to or held by such county for the purpose of indigent care

facilities, when in the opinion of the board of commissioners such

real estate is not needed, is unsuitable or inconvenient for such

purposes. Such sale shall be in the manner hereinafter provided.
Okla. Stat. tit. 56, § 56-1017.4 — OK Code / Title 56 / Section 56-1017.4
Enrollment system
Status: in_force

A. The Oklahoma Health Care Authority is directed to create a

system of enrollment, Medicaid eligibility, and certification for

home- and community-based services provided by the ADvantage Waiver

Program that provides for presumptive Medicaid eligibility and

certification that is the same as that which exists for nursing

facilities as provided for in administrative rules promulgated by

the Oklahoma Health Care Authority Board. The system shall

facilitate the provision of home- and community-based services to

persons at risk of placement in a nursing facility but who elect to

be served in a home- and community-based setting in lieu of nursing

facility services.

B. The Department of Human Services is directed to make such

changes in its regulations, policies and procedures as are necessary

to implement the enrollment, Medicaid eligibility, and certification

requirements established pursuant to subsection A of this section.

C. The Oklahoma Health Care Authority shall develop and submit

for approval no later than November 1, 2011, applications for

waivers or amendments to waivers of applicable federal laws and

Oklahoma Statutes - Title 56. Poor Persons Page 248

regulations as necessary to implement the provisions of the Oklahoma

Choices for Long-Term Care Act. Copies of all waivers submitted to

the United States Centers for Medicare and Medicaid Services shall

be provided to the Governor, the Speaker of the Oklahoma House of

Representatives and the President Pro Tempore of the Oklahoma State

Senate within ten (10) days of their submissions. Waivers and

amendments to waivers approved by the United States Centers for

Medicare and Medicaid Services as provided in this section shall be

provided to the Governor, the Speaker of the Oklahoma House of

Representatives and the President Pro Tempore of the Oklahoma State

Senate within ten (10) days of their approval. The Oklahoma Health

Care Authority shall implement any waivers and amendments to waivers

approved by the United States Centers for Medicare and Medicaid

Services no later than January 1, 2012, or within sixty (60) days of

their approval. The Oklahoma Health Care Authority shall report the

savings as the result of the Oklahoma Choices for Long-Term Care Act

each year in its annual report.
Okla. Stat. tit. 56, § 56-4002.8 — OK Code / Title 56 / Section 56-4002.8
Uniform procedures for review and appeal for adverse
Status: in_force

determinations.

A. A contracted entity shall utilize uniform procedures

established by the Authority under subsection B of this section for

the review and appeal of any adverse determination by the contracted

entity sought by any member or provider adversely affected by such

determination.

B. The Authority shall develop procedures for members or

providers to seek review by the contracted entity of any adverse

determination made by the contracted entity.

C. A provider shall have six (6) months from the receipt of a

claim denial to file an appeal.

D. A contracted entity shall ensure that all appeals of adverse

determinations made by the contracted entity are reviewed by a

licensed physician or, if appropriate for the requested service, a

licensed mental health professional. The contracted entity shall

not use any automated claim review software or other automated

functionality for such appeals.

E. The physician or mental health professional who reviews the

appeal shall:

1. Possess a current and valid unrestricted license in any

United States jurisdiction;

2. Be of the same or similar specialty as a physician or mental

health professional who typically manages the medical condition or

disease. This requirement shall be considered met:

a. for a physician, if:

(1) the physician maintains board certification for

the same or similar specialty as the medical

condition in question, or

(2) the physician’s training and experience:

(a) includes treatment of the condition,

(b) includes treatment of complications that may

result from the service or procedure, and

(c) is sufficient for the physician to determine

if the service or procedure is medically

necessary or clinically appropriate, or

b. for a mental health professional, if the mental health

professional’s training and experience:

(1) includes treatment of the condition, and

(2) is sufficient for the mental health professional

to determine if the service is medically

necessary or clinically appropriate;

3. Not have been directly involved in making the adverse

determination;

4. Not have any financial interest in the outcome of the

appeal; and

Oklahoma Statutes - Title 56. Poor Persons Page 314

5. Consider all known clinical aspects of the health care

service under review including, but not limited to, a review of any

medical records pertinent to the active condition that are provided

to the contracted entity by the member’s provider, or a health care

facility, and any pertinent medical literature provided to the

contracted entity by the provider.

F. Upon receipt of notice from the contracted entity that the

adverse determination has been upheld on appeal, the member or

provider may request a fair hearing from the Authority. The

Authority shall develop procedures for fair hearings in accordance

with 42 C.F.R., Part 431.
Okla. Stat. tit. 56, § 56-27.11 — OK Code / Title 56 / Section 56-27.11
Conflicts with federal law
Status: in_force

If any of the provisions of this act shall be in conflict with

any applicable federal statutes, rules and regulations, such federal

statutes, rules and regulations shall prevail and be controlling,

until such time as the federal statute, rules and regulations shall

be revised to conform to this act.
Okla. Stat. tit. 56, § 56-606 — OK Code / Title 56 / Section 56-606
Assistance payments
Status: in_force

If an application for family support assistance pursuant to the

Oklahoma Family Support Act is approved by the Department of Human

Services and Developmental Disabilities Services Division:

1. A family support assistance payment shall be paid to the

parent or legal guardian on behalf of a family member and shall be

considered a benefit to the family member;

2. The family support assistance payment shall be used to meet

the special needs of the family associated with the family member.

Except as otherwise provided in the Oklahoma Family Support Act,

this assistance payment is intended to complement, not to supplant,

public assistance or other social service benefits based on economic

need, available through governmental programs;

3. The amount of the family support assistance payment shall be

a maximum of Four Hundred Dollars ($400.00) per month. Increases to

this amount shall be determined annually by legislative

appropriation. In addition, the parent or legal guardian of a

family member who is in an out-of-home placement at the time of

application may receive a one-time, lump-sum advance payment of

twice the monthly family support assistance amount for the purpose

of meeting the special needs of the family to prepare for the

placement or return of the family member to in-home care.

Oklahoma Statutes - Title 56. Poor Persons Page 203

4. The parent or legal guardian who receives a family support

assistance payment shall report, in writing, at least the following

information to the Department:

a. not less than annually, a statement and any supporting

documentation requested by the Department that the

family support assistance payment was used to meet the

special needs of the family,

b. immediately, if the parent or legal guardian requests

termination of the family support assistance,

c. immediately, upon the occurrence of any event listed

in Section 7 of this act.
Okla. Stat. tit. 56, § 56-200.1 — OK Code / Title 56 / Section 56-200.1
Payment of expenses for sterilization of male recipients
Status: in_force

of public assistance.

Services rendered by a licensed medical or osteopathic physician

and surgeon in performing a sterilization operation on an adult male

recipient of public assistance under age sixty-five (65) who

voluntarily has submitted to such operation shall, within the scope

of its medical programs, be paid for by the State Department of

Public Welfare.
Okla. Stat. tit. 56, § 56-237.10 — OK Code / Title 56 / Section 56-237.10
Docketing of administrative orders
Status: in_force

Administrative orders entered pursuant to this title shall be

docketed in the county of the underlying district court order, if

any. If there is no underlying district court order filed in this

state, the administrative order shall be filed in the county of

residence of the custodian of the child, or if the custodian resides

out-of-state, in the county of residence of the obligor. The

administrative order shall be enforced by the district court in the

same manner as an order of the district court.
Okla. Stat. tit. 56, § 56-240.9 — OK Code / Title 56 / Section 56-240.9
Filing cases involving concurrent jurisdiction -
Status: in_force

Enforcement of foreign orders.

In filing cases involving concurrent jurisdiction between the

administrative proceedings of the Department of Human Services and

the district court, the cases shall be filed in the administrative

proceedings of the Department of Human Services. The Department of

Human Services, by regulation, may establish exceptions from this

requirement subject to federal approval.

Child support orders originating from other states shall be

enforced to the same extent as orders originating within this state.

Said orders to be filed in the county of residence of the obligor or

in the county of residence of the person entitled to support.
Okla. Stat. tit. 56, § 56-4001.3 — OK Code / Title 56 / Section 56-4001.3
Use of financial institutions as depositories and
Status: in_force

managers.

A. The State Treasurer may implement this act through the use

of one or more financial institutions to act as the depositories and

managers. Under the program, persons may establish accounts through

the program at a depository that has been selected by the Treasurer.

B. The Treasurer may solicit proposals from financial

institutions to act as the depositories and managers of the program.

Financial institutions that submit proposals shall provide all

information required by the Treasurer which is sufficient to enable

the evaluation of the investment strategies and asset allocations

consistent with the program objectives set by the Treasurer.

C. The Treasurer may select as program depositories and

managers, the financial institution or institutions from among

bidding financial institutions that demonstrate the most

advantageous combination, both to potential program participants and

this state, of the following factors:

1. Financial stability and integrity;

Oklahoma Statutes - Title 56. Poor Persons Page 291

2. The safety of the investment instruments being offered by

the financial institution, taking into account any insurance

provided with respect to these instruments;

3. The ability of the financial institution to ensure that the

plan it offers tracks requirements of the Internal Revenue Code,

regulations of the Internal Revenue Service, other pertinent federal

and state laws and regulations, and rules and requirements of the

Regents;

4. The ability of the financial institution to track estimated

costs of the expenses for care of individuals with disabilities as

provided by the Department of Human Services and provided by the

financial institution to the account holder;

5. The ability of the financial institutions, directly or

through a subcontract, to satisfy recordkeeping and reporting

requirements, including those created by Section 529A of the

Internal Revenue Code and Internal Revenue Service regulations;

6. The financial institution's plan for promoting the program

and the investment it is willing to make to promote the program,

including any use of institutions with offices in Oklahoma as plan

marketers and enrollment agents;

7. The fees, if any, proposed to be charged to persons for

maintaining accounts;

8. The minimum initial deposit and minimum contributions that

the financial institution will require and the willingness of the

financial institution to accept contributions through payroll

deduction plans and other deposit plans; and

9. Any other benefits to this state or its residents included

in the proposal, including an account opening fee payable to the

Treasurer by the account owner and an additional fee from the

financial institution for statewide program marketing by the

Treasurer.

D. The Treasurer may enter into a contract with a financial

institution or institutions provided in subsection E of this section

to serve as program managers and depositories.

E. The Treasurer may determine a minimum term for contracts

executed between the Treasurer and a financial institution pursuant

to this section and shall establish procedures by which a contract

may be renewed.

F. The Treasurer may select more than one financial institution

and investment for the program if the following conditions exist:

1. The United States Internal Revenue Service has provided

guidance that giving a contributor a choice of more than one

investment instrument under a state plan will not cause the plan to

fail to qualify for favorable tax treatment under Section 529A of

the Internal Revenue Code; and

Oklahoma Statutes - Title 56. Poor Persons Page 292

2. The Treasurer concludes that the choice of instrument

vehicles is in the best interest of program participants and will

not interfere with the promotion of the program.

G. A program manager shall:

1. Take all action required to keep the program in compliance

with the requirements of this act and shall not take action contrary

to this act or its contract to manage the program so that it is

treated as a qualified plan under Section 529A of the Internal

Revenue Code;

2. Keep adequate records of each account, keep each account

segregated from each other account and provide the Treasurer with

the information necessary to prepare statements required by federal

and state law or regulation or file these statements on behalf of

the Treasurer;

3. Compile and total information contained in statements

required to be prepared under federal and state law and regulation

and provide these compilations to the Treasurer;

4. If there is more than one program manager, the program

managers shall provide the Treasurer with sufficient information to

determine compliance with this act;

5. Provide the Treasurer and other contractors or other state

agencies, if necessary, access to the books and records of the

program manager to the extent needed to determine compliance with

the contract; and

6. Hold all accounts in trust for the benefit of this state and

the account owner.

H. If a contract executed between the Treasurer and a financial

institution pursuant to this section is not renewed, all of the

following conditions apply at the end of the term of the nonrenewed

contract:

1. Accounts previously established and held in investment

instruments at the financial institution shall not be terminated;

2. Additional contributions may be made to the accounts; and

3. No new accounts may be placed with that financial

institution.

I. The Treasurer may terminate a contract with a financial

institution at any time for good cause. If a contract is terminated

pursuant to this section, the Treasurer shall take custody of

accounts held at that financial institution and shall seek to

promptly transfer the accounts to another financial institution that

is selected as a program manager and into investment instruments as

similar to the original investments as possible.
Okla. Stat. tit. 56, § 56-304 — OK Code / Title 56 / Section 56-304
Renumbered as § 1410 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-26.9 — OK Code / Title 56 / Section 56-26.9
Equipment of governmental agencies, use of
Status: in_force

Any department or institution of the state, or of any county,

city, town or school district, is hereby authorized to permit any of

its equipment to be used by the Oklahoma Emergency Relief Board;

provided, that the cost of utilizing any equipment of such agencies

of government shall be paid for by the Oklahoma Emergency Relief

Board out of funds appropriated to carry out the purposes of this

act.
Okla. Stat. tit. 56, § 56-257 — OK Code / Title 56 / Section 56-257
Permitted uses of individual development accounts
Status: in_force

Individual development accounts may be used for any of the

following qualified purposes:

1. Qualified acquisition costs with respect to a qualified

principal residence for a qualified home buyer, or the costs of

major repairs or improvements to a qualified principal residence, if

paid directly to the persons to whom the amounts are due;

2. Amounts paid directly to a business capitalization account

which is established in a federally insured financial institution

and is restricted to use solely for qualified business

capitalization expenses consistent with a qualified plan;

3. Postsecondary educational expenses paid directly to an

eligible educational institution;

4. Amounts paid directly to an individual retirement account or

education IRA established pursuant to federal law in the name of the

IDA account holder or an immediate family member thereof; and

5. Qualified acquisition costs with respect to purchase of an

automobile, or costs of repair of an automobile, if paid directly to

a licensed automobile dealer or repair shop.
Okla. Stat. tit. 56, § 56-1012.4 — OK Code / Title 56 / Section 56-1012.4
Regulations and policies for CRT products and services
Status: in_force

The Oklahoma Health Care Authority shall establish focused

regulations and policies for CRT products and services. These

focused regulations and policies shall take into consideration the

customized nature of CRT and the broad range of services necessary

to meet the unique medical and functional needs of people with

complex physical disabilities by:

1. Designating specific HCPCS billing codes as CRT and, as

needed, creating new billing codes or modifiers for services and

products covered for people with complex physical disabilities;

2. Establishing specific supplier standards for companies or

entities that provide CRT and restricting the provision of CRT to

only qualified CRT suppliers that meet such standards as defined in

Section 3 of this act;

3. Requiring complex-needs patients receiving a complex

rehabilitation manual wheelchair, power wheelchair, or seating

component to be evaluated by:

a. a qualified health care professional as defined in

Section 3 of this act, and

b. a qualified complex rehabilitation technology

professional as defined in Section 3 of this act;

4. Maintaining payment policies and rates for complex

rehabilitation technology to ensure payment amounts are adequate to

provide people with complex physical disabilities with access to

such items. Such policies and rates shall take into account the

significant resources, infrastructure, and staff needed to

appropriately provide CRT to meet the unique needs of complex-needs

patients;

5. Exempting the HCPCS billing codes defined in Section 3 of

this act from inclusion in any bidding, selective contracting, or

similar such initiative, if the specialty provider service,

specialized equipment or supply can only be obtained from a sole

source;

6. Requiring that Managed Care Medicaid plans adopt the

regulations and policies outlined in this act and contract with any

willing, qualified CRT supplier; and

7. Making other changes as needed to protect access to CRT for

complex-needs patients.
Okla. Stat. tit. 56, § 56-244 — OK Code / Title 56 / Section 56-244
Conflicting federal statutes
Status: in_force

If any provision of this act shall be in conflict with any

applicable federal statute, rule or regulation, the federal statute,

rule or regulation shall prevail.
Okla. Stat. tit. 56, § 56-3002.7 — OK Code / Title 56 / Section 56-3002.7
Definitions - Options Counseling for Long-term Care
Status: in_force

Program - Consultation.

A. As used in the Oklahoma Options Counseling for Long-term

Care Program Act:

1. “Long-term care facility” means a nursing facility or

assisted living facility;

2. “Options counseling for long-term care” means the process of

providing services pursuant to the Oklahoma Options Counseling for

Long-term Care Program within the Aging and Disability Resource

Consortium (ADRC); and

3. “Representative” means a family member, attorney, hospital

social worker, or any other person chosen by an individual to act on

behalf of the individual:

a. seeking a long-term care consultation, or

b. admitted to a long-term care program or facility.

B. The Options Counseling for Long-term Care Program is hereby

created within the Department of Human Services Aging Services

Division and administered within the Aging Services Division Aging

and Disability Resource Consortium.

C. Subject to available funding, the Options Counseling for

Long-term Care Program, through its partner community agencies,

shall provide individuals or their representatives, or both, with

long-term care options consultation by phone or in person, which

shall include at a minimum the following:

1. A basic review of an individual’s need for information;

2. A review of appropriate long-term care options and costs, if

available;

3. A review of providers who accept either public or private

payment or both public and private payment for long-term care

services;

4. A summary of factors to consider when choosing among the

available programs, services, and benefits; and

5. A summary of opportunities and methods for maximizing the

independence and self-reliance of the individual, including support

services provided by the family and friends of the individual.

D. Options counseling for long-term care under this section may

be provided at any time, whether before or after the individual who

is the subject of a long-term care consultation has been admitted to

a long-term facility.

Oklahoma Statutes - Title 56. Poor Persons Page 279

E. Nothing in the Oklahoma Options Counseling for Long-term

Care Program Act shall be used to implement any provisions of the

federal Patient Protection and Affordable Care Act.
Okla. Stat. tit. 56, § 56-237B — OK Code / Title 56 / Section 56-237B
Insurance claimant owing child support - Exchange of
Status: in_force

information between insurance company and Department of Human

Services - Penalties and liability.

A. For the purposes of this section, the word “claimant” has

the same meaning as defined in the Unfair Claims Settlement

Practices Act in Title 36 of the Oklahoma Statutes and is limited to

an individual who makes a personal injury, wrongful death, or

workers’ compensation claim against an insured or under an insurance

policy.

Oklahoma Statutes - Title 56. Poor Persons Page 135

B. Prior to remitting Five Hundred Dollars ($500.00) or more on

a claim under a contract of insurance, every insurer authorized to

transact insurance pursuant to Title 36 of the Oklahoma Statutes

shall exchange information with the Oklahoma Department of Human

Services, as set forth in Section 237 of Title 56 of the Oklahoma

Statutes, to ascertain whether the claimant owes past due child

support to the state or to an individual to whom the Department is

providing child support services.

C. The Department shall develop and implement an insurance

industry data match reporting system. Such system shall be operated

by the Department and shall use data exchanges to compare claimant

information held by insurers with the Department’s Child Support

Enforcement Division’s database of child support obligors who owe

past due child support.

D. 1. To comply with the requirements of this section, an

insurer shall either provide the Department with information about

the claimant or match information made available by the Department.

2. An insurer that elects to provide the Department with

information about each claimant shall:

a. provide to the Department, not less than ten (10)

business days prior to making payment to such

claimant:

(1) the claimant’s name,

(2) address,

(3) date of birth,

(4) social security number as appearing in the

insurer’s files, and

(5) such other information appearing in the insurer’s

files as the Department may require by rule;

b. use a method and format prescribed by the Department;

provided, if the insurer is unable to use a method and

format prescribed, the insurer shall cooperate with

the Department to identify another method or format,

including submission of written materials; and

c. be in compliance with the requirements to provide

information if the insurer participates in an

insurance industry database which contains the

necessary information and authorizes the Department to

obtain the information from the database for the

purpose of compliance with this section and Section

135 of Title 43 of the Oklahoma Statutes.

3. An insurer that elects to match information made available

by the Department and such claimant owes past due child support, the

insurer shall notify the Department, not less than ten (10) business

days prior to making payment to such claimant, of:

a. the claimant’s name,

b. address,

Oklahoma Statutes - Title 56. Poor Persons Page 136

c. date of birth,

d. social security number as appearing in the insurer’s

files, and

e. other information appearing in the insurer’s files as

the Department may require by rule, using a method and

format prescribed by the Department.

E. 1. Upon receiving notice of a match as set forth in this

section, the Department’s Child Support Enforcement Division shall

send the insurer a notice of lien pursuant to Section 135 of Title

43 of the Oklahoma Statutes.

2. The insurer shall withhold the full amount of past support

as set forth in the notice of lien and shall remit that amount to

the Centralized Support Registry as provided by Section 413 of Title

43 of the Oklahoma Statutes.

3. The lien shall encumber the right of the claimant to payment

under the policy, and the insurer shall disburse to the claimant

only that portion of the payment, if any, after the lien has been

satisfied.

F. The child support lien shall be inferior to any lien or

claim for:

1. Services and expenses documented and related to the claim,

such as attorney fees or health care expenses;

2. Damage to or a loss of real property; or

3. Damage to or a loss of a motor vehicle to the extent that it

would be exempt from claims of general creditors pursuant to Section

1 of Title 31 of the Oklahoma Statutes.

G. The provisions of the Employee Retirement Income Security

Act limiting, for contracts of insurance, the amounts which may be

assigned or attached in order to satisfy child support obligations

shall apply to the provisions of this section.

H. 1. An insurer that fails, without reasonable cause, to

comply with the data exchange requirements of this section shall be

liable for a penalty to the Department in an amount up to Ten

Thousand Dollars ($10,000.00) and be subject to an equitable action

to compile compliance with the data exchange requirements.

2. In addition to the penalties in the previous paragraph, an

insurer that fails to exchange information or that fails or refuses

to surrender property subject to a child support lien to the

Department shall be liable for the amount of the child support which

should have been withheld and paid to the Department.

I. The information obtained by the Department or an insurer

pursuant to the provisions of this section shall be used only to aid

in collection of child support. Disclosure of the information for

any other purpose shall constitute a misdemeanor. Any person

convicted of violating this provision shall be subject to a fine not

to exceed One Thousand Dollars ($1,000.00) or imprisonment in the

Oklahoma Statutes - Title 56. Poor Persons Page 137

county jail for a term not to exceed one (1) year, or both such fine

and imprisonment.

J. 1. Upon the request of an insurer, a claimant governed by

this section shall provide to the insurer the individual’s:

a. current address,

b. date of birth, and

c. social security number.

2. The insurer may inform the claimant that the request is

being made in accordance with this section for the purpose of

assisting the Department in enforcing child support liens arising

pursuant to Section 135 of Title 43 of the Oklahoma Statutes.

3. Any claimant who refuses to provide the information required

by this section shall not receive payment on the claim, and the

insurer that declines payment on this basis shall be exempt from

suit and immune from liability under this section or any other

section or in any common law action in law or equity.

K. The Department is authorized to enter into any contracts or

cooperative agreements necessary to carry out the provisions of this

section.

L. An insurer shall be immune from civil liability to an

individual or agency for acting in accordance with this section.

M. The Department shall promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 56, § 56-240.22 — OK Code / Title 56 / Section 56-240.22
Financial institution data match reporting system
Status: in_force

A. The Department of Human Services, in coordination with

representatives of the financial industry in Oklahoma, shall develop

and implement a financial institution data match reporting system.

Such system shall be operated by the Department and shall use

automated data exchanges to the maximum extent feasible to compare

account information data held by financial institutions with the

Child Support Enforcement Division's database of child obligors in

noncompliance with an order of support.

B. The Department is authorized to enter into any contracts or

cooperative agreements necessary to carry out the provisions of this

act.

C. Release and maintenance of any information in a good faith

attempt to comply with the provisions of this act shall not

constitute a violation of any confidentiality or financial privacy

law.

Oklahoma Statutes - Title 56. Poor Persons Page 164

D. The Department shall adopt rules under the Administrative

Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma

Statutes, to implement the provisions of this section.
Okla. Stat. tit. 56, § 56-185 — OK Code / Title 56 / Section 56-185
Fraud in obtaining assistance - Penalties - Signage
Status: in_force

A. Any person who:

Oklahoma Statutes - Title 56. Poor Persons Page 60

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

person to obtain, by means of a false statement or representation,

by false impersonation, by a fictitious transfer, conveyance or

encumbrance of property or income, by a knowing and willful failure

to report to the Department of Human Services income, personal

property, real property, household members, or other material

eligibility factors at the time of application or during the receipt

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

applicant is not entitled or assistance greater than that to which

an applicant is justly entitled; or

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

use of any electronic benefits or debit card or any other device

authorizing participation in the Temporary Assistance for Needy

Families or other program of the Department, knowingly obtains,

aids, abets or assists any person to obtain or attempt to obtain

assistance to which a person is not entitled,

shall be guilty of a misdemeanor, if the aggregate amount of

assistance received as a result thereof is Five Hundred Dollars

($500.00) or less. Upon conviction thereof, such person shall be

fined not more than Five Hundred Dollars ($500.00) or be imprisoned

for not more than three (3) months or be both so fined and

imprisoned in the discretion of the court; provided, however, if the

aggregate amount of assistance received as a result thereof is in

excess of Five Hundred Dollars ($500.00), such person shall be

guilty of a Class D3 felony offense and, upon conviction thereof,

shall be fined not more than Five Thousand Dollars ($5,000.00), or

be imprisoned as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or be subject to both such

fine and imprisonment in the discretion of the court.

B. Every county Department of Human Services office in this

state shall conspicuously post a sign in an area clearly visible to

all visitors of the county office which shall provide information

about how to report individuals who have obtained public assistance

through fraudulent means or who have used public assistance in a

manner not consistent with its intended use. The sign shall make

reference to the Department of Human Services fraud hotline and

provide the current phone number for the hotline. The sign shall

also contain notification that all reports to the hotline may be

filed anonymously by persons suspecting fraudulent activity.

C. Notwithstanding any other provision of law, the identity of

any person making a report on another individual who may have

obtained public assistance through fraudulent means, or an

individual using public assistance in a manner not consistent with

its intended use, shall not be revealed without the permission of

the person making the report.

Added by State Question No. 226, Initiative Petition No. 155, § 26,

adopted July 7, 1936. Amended by Laws 1973, c. 60, § 1, emerg. eff.

Oklahoma Statutes - Title 56. Poor Persons Page 61

April 27, 1973; Laws 1985, c. 58, § 1, eff. Nov. 1, 1985; Laws 1997,

c. 133, § 499, eff. July 1, 1999; Laws 1999, c. 17, § 2, emerg. eff.

April 5, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 364, eff. July 1,

1999; Laws 2013, c. 67, § 1, eff. Nov. 1, 2013; Laws 2025, c. 486, §

719, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 499 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 56, § 56-188 — OK Code / Title 56 / Section 56-188
Provisions severable
Status: in_force

The provisions of this act are severable, and if any section,

paragraph, sentence or provision hereof be held to be void by any

court of competent jurisdiction, the decision of the court shall not

affect the validity of this act as a whole, or any part thereof,

other than the portion so held to be invalid.

Added by State Question No. 226, Initiative Petition No. 155, § 29,

adopted July 7, 1936.
Okla. Stat. tit. 56, § 56-1008 — OK Code / Title 56 / Section 56-1008
Annual report on Medicaid fraud
Status: in_force

The Attorney General shall submit an annual report, due by July

1 of each year, to the Speaker of the House of Representatives, the

Oklahoma Statutes - Title 56. Poor Persons Page 219

President Pro Tempore of the Senate, the Governor and the Secretary

of State detailing the number of Medicaid fraud cases investigated

and litigated and the amount of monies collected in the previous

fiscal year.
Okla. Stat. tit. 56, § 56-230.65 — OK Code / Title 56 / Section 56-230.65
Employability and literacy assessment - Personal
Status: in_force

responsibility agreements.

A. 1. The Department of Human Services shall conduct an

employability assessment of the education, training, skills, prior

work experience and supportive service needs of individuals applying

for and receiving assistance pursuant to the Temporary Assistance

for Needy Families (TANF) program.

2. The Department shall arrange for administration of a

recognized literacy screening for individuals who have not obtained

a high school diploma or General Educational Development (GED)

credential and have exhibited a lack of literacy skills. If, in the

opinion of the Department, the applicant or recipient who has

obtained a high school diploma or GED lacks reading skills to the

extent that such insufficiency limits the applicant's or recipient's

ability to become self-supporting, the Department shall refer the

individual for a literacy assessment.

3. The Department shall utilize existing community resources,

including, but not limited to, volunteer literacy groups and adult

basic education programs, when arranging for literacy assessments

and remediation of clients who lack sufficient reading skills.

B. The Department of Human Services shall require services to

be provided to each applicant or recipient of benefits in any

program according to a written personal responsibility agreement.

The agreement shall reflect the education, training, skills, prior

work experience and supportive service needs of the applicant or

recipient and shall be:

1. Written in English, or translated into Spanish or other

language, according to the applicant's or recipient's needs;

2. Signed by the applicant or recipient;

3. Signed by the parent of the applicant or recipient if the

applicant or recipient is under eighteen (18) years of age;

4. Signed by the case manager; and

5. Reviewed by both the applicant or recipient and the case

manager at least once a year. The agreement may be revised from

time to time according to the needs of the recipient, the

recipient's family and the program.

C. The personal responsibility agreement shall set forth the

specific responsibilities of the recipient, at a minimum, to:

1. Develop a detailed plan for achieving self-sufficiency;

Oklahoma Statutes - Title 56. Poor Persons Page 111

2. Participate in any educational or training program required

by the Department pursuant to the results of the employability and

literacy assessments;

3. Participate in life-skills training including, but not

limited to, financial management classes, conflict resolution

training, and social skills development;

4. Be available for and actively seek and maintain employment,

and accept any reasonable employment as soon as it becomes available

as required by the TANF program;

5. Participate in a community service, public works or private

sector job pursuant to the requirements of the Statewide Temporary

Assistance Responsibility System and the results of the

employability and literacy assessments;

6. If the recipient is a minor parent, live in a supervised

adult setting;

7. Accept responsibility for ensuring that the recipient's

child complies with the attendance requirements of the local school

district and attends school until the child of the recipient either:

a. graduates from high school or attains a high school

equivalency certificate, or

b. becomes nineteen (19) years of age,

whichever occurs first;

8. Accept responsibility for attending any classes required by

a program at least ninety percent (90%) of the time;

9. Immunize the recipients' minor children pursuant to the

State Department of Health's immunization schedule; and

10. a. Undergo a literacy skills assessment utilizing a

testing instrument which measures whether such

recipient is reading at a minimum of an eighth grade

reading level, where the recipient has the capacity to

read at such level or, regardless of reading level,

which indicates that the recipient would benefit from

compulsory participation in a literacy skills

improvement program.

b. Based on the results of the assessment, the recipient

shall agree to enroll and actively participate in a

literacy skills improvement program and provide

documentation of substantial quantifiable literacy

improvement. Any recipient who is reading at less

than an eighth grade level shall be required to

continue to substantially and quantifiably improve his

or her reading skills until such recipient

demonstrates a level of reading proficiency that is at

least equal to an eighth grade reading level.

c. On or before December 31 of each year, the Department

of Human Services shall annually provide to the

Governor, the President Pro Tempore of the Senate and

Oklahoma Statutes - Title 56. Poor Persons Page 112

the Speaker of the House of Representatives a written

report outlining by age the number of recipients:

(1) assessed for literacy skills,

(2) who failed to demonstrate eighth grade reading

level proficiency,

(3) who agreed to enroll and participate in a

literacy skills improvement program, and

(4) who either provided documentation of substantial

quantifiable literacy skills improvement or whose

case was closed prior to completion.

D. The Department may sanction or impose financial penalties on

a recipient for failure to comply with the provisions of the

personal responsibility agreement.
Okla. Stat. tit. 56, § 56-230.54 — OK Code / Title 56 / Section 56-230.54
Individual development accounts
Status: in_force

A. As used in the Temporary Assistance for Needy Families

(TANF) program, an "individual development account" means an account

established by a recipient under the TANF program pursuant to the

provisions of the Family Savings Initiative Act or an account

established prior to November 1, 1998, pursuant to the provisions of

this section.

B. Funds deposited in an individual development account, in an

amount not to exceed Two Thousand Dollars ($2,000.00), shall not be

counted as resources by the Department of Human Services in

determining financial eligibility for assistance or services

pursuant to the TANF program.
Okla. Stat. tit. 56, § 56-200a — OK Code / Title 56 / Section 56-200a
Renumbered as § 5051.2 of Title 63 by Laws 1996, c. 221,
Status: in_force

§ 6, eff. Nov. 1, 1996.
Okla. Stat. tit. 56, § 56-4000 — OK Code / Title 56 / Section 56-4000
Oklahoma College Savings Plan exemption
Status: in_force

An Oklahoma College Savings Plan account shall be exempt for

purposes of determining eligibility for public assistance, provided

that the federal rules for these programs permit such an exemption.
Okla. Stat. tit. 56, § 56-4002.12a — OK Code / Title 56 / Section 56-4002.12a
Dental benefit managers to maintain Medicaid Dental
Status: in_force

Advisory Committees.

A. All dental benefit managers shall maintain a Medicaid Dental

Advisory Committee, comprised exclusively of Oklahoma-licensed

dentists and specialists, to advise dental benefit managers

regarding quality measures.

B. Dental providers shall not be required to enter into

capitated contracts with a dental benefit manager.
Okla. Stat. tit. 56, § 56-27.8 — OK Code / Title 56 / Section 56-27.8
Effect of work on right to assistance
Status: in_force

Work and labor performed by an applicant or recipient of public

assistance on a community work and training program shall not be

deemed such employment as shall deprive such person of any rights or

benefits available under the provisions of law granting public

assistance.
Okla. Stat. tit. 56, § 56-240.17 — OK Code / Title 56 / Section 56-240.17
Termination of suspension, revocation, nonissuance, or
Status: in_force

nonrenewal order.

A. When the Department of Human Services determines that all

support due is paid in full and the obligor has complied with all

other provisions of the support order, it shall notify the

Department of Human Services, Office of Administrative Hearings:

Child Support, the “OAH”, and the OAH shall terminate the order of

suspension or revocation of the license or the order of probation

without the necessity of a hearing.

B. An obligor who is in noncompliance with an order for support

may request in writing that the obligor’s licenses be reinstated.

The Department shall conduct a review and request the OAH to

reinstate the obligor’s licenses and place on probation pursuant to

Section 240.16 of this title if the obligor has:

1. Paid the current child support and the monthly arrearage

payments each month for the current month and two months immediately

preceding, or paid an amount equivalent to three months of child

support and arrearage payments which satisfies the current child

support and monthly arrearage payments for the current month and two

months immediately preceding;

2. Disclosed all information regarding health insurance

availability and obtained and maintained health insurance coverage

required by an order for support;

3. Complied with all subpoenas and orders relating to paternity

or child support proceedings;

4. Complied with all orders to submit to genetic testing to

determine paternity; and

5. Disclosed all employment and address information.

C. An obligor whose written request for reinstatement has been

denied by the Department may request a hearing before the OAH. If

the OAH determines the requirements of subsection B of this section

have been met, the OAH may reinstate the obligor’s licenses. If the

OAH reinstates the obligor’s licenses, the OAH shall order probation

pursuant to Section 240.16 of this title.

D. If the obligor fails to comply with the order of probation

after the obligor’s licenses have been reinstated pursuant to

subsection B or C of this section, the obligor’s licenses may again

Oklahoma Statutes - Title 56. Poor Persons Page 162

be suspended, revoked, not issued or not renewed. The Department

may refuse to request the OAH to reinstate the obligor’s licenses

unless the obligor makes additional payments in an amount determined

by the Department to be sufficient to ensure future compliance and

the obligor complies with other terms set by the Department.

E. The Department shall send a copy of the order reinstating

the licenses to the licensing board, the obligor and the custodian.

F. Entry of an order to reinstate the obligor’s licenses

pursuant to this section does not limit the ability of the OAH to

issue a new order of suspension or revocation of the license of the

same obligor or to place the obligor on probation in the event of

another delinquency or failure to comply with an order for support.
Okla. Stat. tit. 56, § 56-335 — OK Code / Title 56 / Section 56-335
Outpatient services for former patients of Taft State
Status: in_force

Hospital.

The Department of Mental Health and Substance Abuse Services

shall provide outpatient services within the county in which Taft

State Hospital was located, for former patients of the Taft State

Hospital and mentally ill persons residing in the area formerly

served by the Taft State Hospital.
Okla. Stat. tit. 56, § 56-240.8 — OK Code / Title 56 / Section 56-240.8
Publication and distribution of child support collection
Status: in_force

services.

A. The Department of Human Services shall provide, from any

available funds, for the publication and statewide distribution to

the public of information as to the availability of the services

offered by the Department for the collection of child support.

B. The Department of Human Services shall provide copies of the

information specified in subsection A of this section to the court

clerks of each county for distribution to the public.
Okla. Stat. tit. 56, § 56-240.22F — OK Code / Title 56 / Section 56-240.22F
Financial institution data match reporting system -
Status: in_force

Development of compatible systems - Survey of time and expense.

The Department shall determine by survey the likely time and

expense required for individual financial institutions in Oklahoma

to reprogram their data processing systems, if necessary and if

reasonably possible, to carry out electronic data matches. Based on

the information obtained from the survey and in coordination with

representatives of the financial industry in Oklahoma, the

Department shall implement a reporting system that maximizes

electronic data matches with those financial institutions that now

have compatible systems, and that phases in electronic data matches

Oklahoma Statutes - Title 56. Poor Persons Page 168

with other financial institutions that are capable of developing

compatible systems with the expenditure of reasonable time and

expense.
Okla. Stat. tit. 56, § 56-198.17 — OK Code / Title 56 / Section 56-198.17
Nursing home prescreening process - Rules
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 81

A. The Oklahoma Health Care Authority, the Department of Human

Services and the Department of Mental Health and Substance Abuse

Services, in cooperation with community stakeholders, shall develop

a prescreening process to be utilized prior to an individual being

admitted to a nursing facility or within twenty (20) days of

admission to such a facility. The purpose of the screening process

shall be to ensure that individuals who wish to avoid placement in a

nursing facility have access to supports necessary to remain in the

community. The prescreening process shall include, but not be

limited to, the use of the following tools:

1. Resident Assessment Instrument – Minimum Data Set (RAI-MDS),

as designated by the Centers for Medicare and Medicaid Services;

2. Universal Comprehensive Assessment Tool (UCAT);

3. Preadmission Screening and Annual Resident Review (PASARR);

4. Inventory for Client and Agency Planning (ICAP); and

5. Uniform Case Assessment Protocol (UCAP).

B. The Oklahoma Health Care Authority Board shall promulgate

rules necessary to implement the prescreening process developed

pursuant to this section, provided funding is made available to

implement the process.
Okla. Stat. tit. 56, § 56-192 — OK Code / Title 56 / Section 56-192
Exemption from costs in guardianship cases
Status: in_force

No costs shall be charged whatsoever either by the court clerk

or by the county judge of the district court in cases involving the

guardianship of persons who are applicants for, or who are receiving

Social Security benefits or assistance or veterans disability

compensation or pension.
Okla. Stat. tit. 56, § 56-191 — OK Code / Title 56 / Section 56-191
Contents of affidavit
Status: in_force

Such affidavit filed by one of the next of kin or next friend

shall state the name of the recipient, the date of his death, and

the amount and number of such assistance checks or vouchers.
Okla. Stat. tit. 56, § 56-1010.12 — OK Code / Title 56 / Section 56-1010.12
Prescriptions for non-sedating antihistamines -
Status: in_force

Exemption from prior authorization procedures.

Subject to the provisions of subsection B of Section 204 of

Title 56 of the Oklahoma Statutes, effective September 1, 1998,

children age eighteen (18) or younger may be prescribed non-sedating

antihistamines under the state Medicaid plan without prior

authorization by the Medicaid Drug Utilization Review Board. Adults

age nineteen (19) or older shall continue to be subject to the prior

authorization procedures of the Medicaid Drug Utilization Review

Board for non-sedating antihistamines.
Okla. Stat. tit. 56, § 56-4002.1 — OK Code / Title 56 / Section 56-4002.1
Short title - Ensuring Access to Medicaid Act
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 295

This act shall be known and may be cited as the "Ensuring Access

to Medicaid Act".
Okla. Stat. tit. 56, § 56-230.57 — OK Code / Title 56 / Section 56-230.57
Residency requirement
Status: in_force

The Department of Human Services shall study the feasibility of

implementing a residency requirement, including a differential in

benefits for receipt of public assistance for persons who have

resided in this state for less than one (1) year on a continuous

basis.
Okla. Stat. tit. 56, § 56-240.10 — OK Code / Title 56 / Section 56-240.10
Action to require participation in certain programs by
Status: in_force

unemployed or underemployed obligors.

A. When child support services are being provided for the

benefit of the child under the state child support plan as provided

in Section 237 of this title, the Department may initiate an

administrative or district court action to obtain an order to

require an unemployed or underemployed obligor to participate in

counseling, treatment, educational training, social skills training,

employment training or job-finding programs, or the problem-solving

court program under Section 14 of this act. "Underemployed" is

defined as being employed less than full-time or in an occupation

which pays less than employment which someone with the skills and

education of the obligor could be reasonably expected to earn, so

that the obligor cannot meet his support obligation. The Department

shall give notice of this requirement to the obligor who is not

complying with a district or administrative court order for support

and whom the Department has reason to believe is unemployed or

underemployed. The notice 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.

B. The notice shall state:

1. The name of the child for whom support is ordered and the

custodian of the child;

2. That the obligor is not complying with the district or

administrative court order for support and is delinquent in a

certain amount;

3. That it appears that the obligor is unemployed or

underemployed so that the obligor cannot meet the support

obligation;

Oklahoma Statutes - Title 56. Poor Persons Page 156

4. That the obligor shall appear on a date certain for a

hearing to show cause why the obligor should not be ordered to

participate in counseling, treatment, educational training, social

skills training, employment training or job-finding programs or the

problem-solving court program, and to accept available employment;

and

5. That if it is determined that the obligor is unemployed or

underemployed or if the obligor fails to appear, an order will be

entered which will require the obligor to participate in counseling,

treatment, educational training, social skills training, employment

training or job-finding programs or the problem-solving court

program and to accept available employment.

C. 1. At the hearing, or if the obligor fails to appear for

the hearing, the court shall enter an order determining if the

obligor is unemployed, underemployed or in need of services as

described in subsection C of this section.

2. If the court finds the obligor is in need of services as

described in this subsection, the order shall set forth the findings

of the court and require that the obligor participate in counseling,

treatment, educational training, social skills training, employment

training or job-finding programs or the problem-solving court

program, and accept available employment. The order shall state

when the obligor shall report and to what location.

3. An administrative order may be docketed with the district

court and shall be enforced in the same manner as any other order of

the district court, including indirect civil contempt proceedings.

A copy of the order will be mailed by the Department to the last-

known address of the obligor.

D. The obligor may show good cause why an order should not be

entered requiring the obligor to participate in counseling,

treatment, educational training, social skills training, employment

training or job-finding programs or the problem-solving court

program and accept available employment. "Good cause" is defined as

establishing by expert medical opinion that the person is mentally

or physically unable to work or such other grounds as the Department

determines by regulation constitutes good cause.
Okla. Stat. tit. 56, § 56-198.10 — OK Code / Title 56 / Section 56-198.10
Increase in assistance payments
Status: in_force

The Oklahoma Public Welfare Commission shall cause, at as early

a date as practicable and not later than April 1, 1976, the Schedule

of Standard Money Payments for Assistance Plans in the categories of

needy aged persons, aid to families with dependent children, needy

blind persons and needy totally and permanently disabled persons to

be raised Five Dollars ($5.00) per person per month subject to a

finding by the Commission that the increase will not cause a

reduction in services or benefits under any program administered by

the Department of Institutions, Social and Rehabilitative Services.
Okla. Stat. tit. 56, § 56-4001.1 — OK Code / Title 56 / Section 56-4001.1
Definitions
Status: in_force

As used in this act:

1. "ABLE" means achieving a better life experience;

2. "ABLE account" means an individual trust account or savings

account owned by the designated beneficiary of the account and

established to pay qualified disability expenses as prescribed in

this act. Money and assets in the accounts established under the

Oklahoma ABLE program or an ABLE program in any other state shall

not be considered for the purpose of determining eligibility to

receive, or the amount of, any assistance or benefits from local or

state means-tested programs;

3. "Account owner" means a resident of this state, designated

as eligible to be a beneficiary pursuant to Section 529A of the

Internal Revenue Code;

4. "Contracting state" means a state without a qualified ABLE

program of its own, which contracts with another state having such a

program;

5. "Contribution" means any payment directly allocated to an

ABLE account for the benefit of a designated beneficiary;

6. "Designated beneficiary" means:

a. with respect to an account, the individual who is the

owner of the ABLE account and who either established

the account at a time when he or she was eligible or

who has succeeded the former designated beneficiary in

that capacity,

b. if the designated beneficiary is not able to exercise

signature authority over his or her ABLE account or

chooses to establish an ABLE account but not exercise

signature authority, references to the designated

beneficiary with respect to his or her actions include

actions by the designated beneficiary's designated

representative under a power of attorney or, if none,

Oklahoma Statutes - Title 56. Poor Persons Page 288

a parent or legal guardian of the designated

beneficiary, and

c. in the case of a change in beneficiaries described in

subsection E of Section 5 of this act, the individual

who is the new beneficiary;

7. "Designated representative" means an individual who is

authorized to act on behalf of the designated beneficiary if the

designated beneficiary is a minor or has a guardian, conservator or

other fiduciary who has been appointed for purposes of managing that

beneficiary's financial affairs;

8. "Disability certification" means, with respect to an

individual, a certification by the individual or the parent or

guardian of the individual that:

a. the individual has a medically determinable physical

or mental impairment, which results in marked and

severe functional limitations, and which can be

expected to result in death or which has lasted or can

be expected to last for a continuous period of not

less than twelve (12) months, or is blind within the

meaning of Section 1614(a)(2) of the Social Security

Act, and

b. a copy of the individual's diagnosis relating to the

individual's relevant impairment or impairments,

signed by a physician meeting the criteria of Section

1861(r)(1) of the Social Security Act, can be

provided;

9. "Eligible individual" means, for a taxable year, an

individual who either:

a. is entitled during that taxable year to benefits based

on blindness or disability under the Social Security

Act, or

b. is the subject of a disability certification filed for

such taxable year;

10. "Financial institution" means any bank, commercial bank,

national bank, savings bank, savings and loan association, credit

union, insurance company, brokerage firm or other similar entity

that is authorized to do business in this state;

11. "Internal Revenue Code" means the Internal Revenue Code of

1986, as amended;

12. "Program" means the Oklahoma ABLE Savings Plan established

under this act and implemented by the State Treasurer;

13. "Qualified disability expenses" means any expenses related

to the eligible individual's blindness or disability which are made

for the benefit of an eligible individual who is the designated

beneficiary, including education, housing, transportation,

employment training and support, assistive technology and personal

support services, health, prevention and wellness, financial

Oklahoma Statutes - Title 56. Poor Persons Page 289

management and administrative expenses, legal fees, expenses for

oversight and monitoring, funeral and burial expenses and other

expenses approved under Section 529A of the Internal Revenue Code;

14. "Qualified withdrawal" means a withdrawal from an account

to pay the qualified disability expenses of the designated

beneficiary of the account, but only if the withdrawal is made in

accordance with this act; and

15. "Partner ABLE program" means a qualified ABLE program

established by another state or consortium of states which the State

Treasurer has contracted or entered into an agreement with to

facilitate access to a qualified ABLE program.
Okla. Stat. tit. 56, § 56-198.16 — OK Code / Title 56 / Section 56-198.16
Implementation - Requirements - Feasibility of
Status: in_force

expansion - Review.

A. In order to implement the Oklahoma Self-Directed Care Act:

1. The Oklahoma Health Care Authority Board and the Commission

for Human Services are hereby authorized to promulgate rules

necessary to enact the provisions of this act;

2. The Oklahoma Health Care Authority shall take all actions

necessary to ensure state compliance with federal regulations;

3. The Authority shall apply for any necessary federal waivers

or waiver amendments required to implement the program;

4. The Legislature intends that, as consumers relocate from

institutional settings to community-based options, funds used to

serve consumers in institutional settings shall follow consumers to

cover the cost of community-based services; and

5. The Department of Human Services or other applicable state

entity for the population served may develop an electronic benefit

transfer feature for the provision of self-directed care services to

consumers.

B. The Oklahoma Self-Directed Care Act, at a minimum, shall

meet the following requirements:

1. The cost in the aggregate of the services offered through

the self-directed care plan shall be equal to or less than the cost

of a home- and community-based waiver or comparable waiver program;

2. The baseline level of consumer satisfaction shall be

measured by a third party prior to initiation of the Oklahoma Self-

Directed Care Act;

3. The scope of services offered within the Self-Directed Care

Program shall comply with current state statutes and rules, and

federal regulations; and

4. Program evaluation which shall include an indication of

whether consumer satisfaction for Self-Directed Care Program

consumers is higher than or equal to consumer satisfaction for

home- and community-based waiver clients or other comparable waiver

programs, as measured by a third party.

Oklahoma Statutes - Title 56. Poor Persons Page 80

C. Upon the approval of the Centers for Medicare and Medicaid

Services and the availability of funds, the Authority and the

Department shall implement the Self-Directed Care Program statewide

if the evaluation provided for in subsection B of this section

demonstrates consumer satisfaction with and cost-effectiveness in

the delivery of the program.

D. The Authority and the Department shall conduct a feasibility

study on the future design and implementation of expanding the home-

and community-based waiver program to include additional people with

developmental disabilities, spinal cord injury or traumatic brain

injury; provided, however, before allocating any new monies to such

program, the Department and the Authority shall prepare and submit

to the Legislature the results of the feasibility study and a fiscal

impact statement.

E. The Authority and the Department of Human Services shall

each, on an ongoing basis, review and assess the implementation of

the Self-Directed Care Program. By January 15 of each year, the

Authority shall submit a written report to the Governor and

Legislature that includes each agency’s review of the program.

F. The Department of Human Services shall appoint a committee

to assist the Department in the development of waivers and rules

related to self-directed services, including the functional needs

assessment used for determination of eligibility for the Self-

Directed Services program. The committee shall be composed of two

self advocates or adults with developmental disabilities; two

parents or family members of consumers; two advocates; two

representatives of an agency providing Developmental Disabilities

Services Division waiver services; one representative from the

Oklahoma Parent Center; and one representative from the University

of Oklahoma Health Sciences Center for Learning and Leadership. The

committee shall sunset no later than four (4) years after

implementation of programs indicated in this act. The Governor,

President Pro Tempore of the Senate and the Speaker of the House of

Representatives shall each appoint an at-large representative to the

Committee.

The Authority is hereby directed to modify the state Medicaid

program Personal Care Program to allow any person to self-direct his

or her own personal care services who:

1. Is eligible to receive Personal Care Program services;

2. Chooses to receive Personal Care Program services; and

3. Is able to direct his or her own care or to designate an

eligible representative to assist in directing such care.
Okla. Stat. tit. 56, § 56-148 — OK Code / Title 56 / Section 56-148
Judgments for allowance - Citizens may petition rehearing
Status: in_force

In each case where an allowance is made to any woman under the

provisions of this act, a judgment entry to that effect shall be

entered upon the records of the county court making such allowance,

and it shall be the right of any taxpaying citizen at any time to

file a motion to set aside such judgment; and on such motion the

county court, or the court to whom such motion may be taken on a

change of venue, shall hear evidence, either with or without a jury,

as either side may demand, and may make a new order granting or

refusing such allowance, and from such order so made an appeal shall

lie as in ordinary civil cases. If the judgment making such

allowance is not appealed from, or is affirmed on appeal, the person

filing such motion shall pay all the costs of such motion and the

proceedings subsequent thereto. Such motion may be renewed from

time to time, but not oftener than once in any calendar year.
Okla. Stat. tit. 56, § 56-240.22D — OK Code / Title 56 / Section 56-240.22D
Financial institution data match reporting system -
Status: in_force

Failure to comply with reporting requirements - Penalty.

Any financial institution which is required to submit a report

pursuant to the provisions of this act which fails, without

reasonable cause, to comply with such reporting requirements after

notification by certified mail return receipt requested, and such

failure continues for more than thirty (30) business days after

mailing of such notification of the failure to comply, without

reasonable cause, or if said financial institution willfully renders

false information in reply to such request, such financial

institution shall be liable for a penalty of One Thousand Dollars

($1,000.00).
Okla. Stat. tit. 56, § 56-162.1b — OK Code / Title 56 / Section 56-162.1b
Citizens Advisory Panels - Family issues - Aging issues
Status: in_force

- Disability issues - Administration.

A. There are hereby created four Department of Human Services

Citizens Advisory Panels to evaluate core program and administrative

areas of the Department and to develop recommendations to improve

the programs and administration of the Department. These Panels are

for Children and Family Issues, Aging Issues, Disability Issues and

Administration. Each Panel shall be composed of five (5) members.

Each appointee shall demonstrate an interest or expertise in the

area of responsibility of the Panel to which the member is

appointed. The Panels shall be established as follows:

1. The Citizens Advisory Panel for Children and Family Issues

shall be composed of:

a. one member to be appointed by the Governor,

b. one member to be appointed by the Speaker of the

House,

Oklahoma Statutes - Title 56. Poor Persons Page 41

c. one member to be appointed by the President Pro

Tempore of the Senate,

d. one member to be appointed by the minority leader of

the House of Representatives, and

e. one member to be appointed by the minority leader of

the Senate;

2. The Citizens Advisory Panel for Aging Issues shall be

composed of:

a. one member to be appointed by the Governor,

b. one member to be appointed by the Speaker of the House

of Representatives,

c. one member to be appointed by the President Pro

Tempore of the Senate,

d. one member to be appointed by the minority leader of

the House of Representatives, and

e. one member to be appointed by the minority leader of

the Senate;

3. The Citizens Advisory Panel for Disability Issues shall be

composed of:

a. one member to be appointed by the Governor,

b. one member to be appointed by the Speaker of the House

of Representatives,

c. one member to be appointed by the President Pro

Tempore of the Senate,

d. one member to be appointed by the minority leader of

the House of Representatives, and

e. one member to be appointed by the minority leader of

the Senate; and

4. The Citizens Advisory Panel for Administration shall be

composed of:

a. one member to be appointed by the Governor,

b. one member to be appointed by the Speaker of the House

of Representatives,

c. one member to be appointed by the President Pro

Tempore of the Senate,

d. one member to be appointed by the minority leader of

the House of Representatives, and

e. one member to be appointed by the minority leader of

the Senate.

B. Appointing authorities shall appoint members from diverse

backgrounds with specialized interests in public welfare, human

services and the specific area of expertise relevant to the Panel to

which the member is appointed. Appointees shall not be members of

the Oklahoma Legislature. Panels may meet at their discretion

anywhere in the state for the purposes of soliciting input from any

interested party including but not limited to employees of the

Department, persons receiving services from the Department and

Oklahoma Statutes - Title 56. Poor Persons Page 42

community stakeholders. Members shall be reimbursed for travel

expenses in accordance with the provisions of the State Travel

Reimbursement Act. Each respective panel shall also conduct

meetings open to the public at least four (4) times per year but not

more than six (6) times per year without prior approval from the

Director of Human Services. The dates, times and locations of

public meetings shall be filed with the Secretary of State on or

before December 15th of the preceding calendar year. An agenda for

each public meeting shall be posted in prominent public view at the

location at least twenty-four (24) hours in advance and identify all

items of business to be transacted. Before any Panel member or

members initiate efforts to informally solicit input on behalf of a

Panel, such action must first be listed on a public meeting agenda

and approved by a vote of the respective Panel. All Panels shall

meet together at least one time per year in a Joint Citizens

Advisory Panel meeting open to the public to be called by the

Director of Human Services. The Governor shall appoint one of the

members of each Panel as Chair until each Panel has an

organizational meeting and elects a chair. Each Panel chair shall

be selected by a majority of each respective Panel to serve a one

(1) year term with no prohibition on serving consecutive terms.

C. The Department shall provide administrative support for the

Panels and the Attorney General shall provide the Panels with

general counsel. The Panels shall have reasonable access to

Department records and personnel necessary to examine Department

policies, practices and outcomes. The members shall operate under

the same confidentiality restrictions as any employee or agent of

the Department.

D. The Panels shall function as Advisory Panels to provide

advice, information and analysis to the Director on the programs and

services of the Department and their impact on outcomes. Each panel

shall identify programs and services which could be improved or

enhanced and report these recommendations in writing to the

Director. Recommendations made to the Director shall be discussed

and agreed upon by a vote of the respective Panel during a public

meeting. The appropriate Panels shall also offer recommendations

for the implementation of the Pinnacle Plan. Each Panel, including

the Joint Citizens Advisory Panel, shall make recommendations to

improve the services and efficiency of the Department in their

specific area and report on such recommendations to the Governor,

Speaker of the House of Representatives, the President Pro Tempore

of the Senate and the Director by December 31 of each year.

E. The panels shall sunset July 1, 2016.
Okla. Stat. tit. 56, § 56-238.6B — OK Code / Title 56 / Section 56-238.6B
Notice of paternity and support obligations - Contents
Status: in_force

- Voluntary acknowledgments - Entry of father's name on child's

birth certificate - Genetic testing - Change of child's surname.

A. The Department of Human Services may serve a notice of

paternity and support obligations on an individual alleged to be the

parent of a child for whom paternity has not been judicially or

administratively established. Venue for such action shall be, at

the option of the Department, in the county where the mother, father

or child resides. Service of the notice shall be in the same manner

as a summons in a civil action pursuant to Section 2004 of Title 12

of the Oklahoma Statutes. Both the mother of a child born out of

wedlock and an individual who has been legally determined to be the

father of a child by acknowledgement or by judicial or

administrative order are each liable for the support and education

of the child.

B. The notice shall be verified and have attached to it a copy

of any acknowledgment of paternity and shall state:

1. The name and date of birth of any minor children, along with

the name of the natural mother and custodian, if different than the

mother or alleged father;

2. The amount of child support and other support, including the

amounts ordered pursuant to paragraph 3 of this subsection, to be

ordered in accordance with the Child Support Guidelines provided in

Section 118 of Title 43 of the Oklahoma Statutes;

3. The amount of reimbursement for the costs of the birth and

the reasonable expenses of providing for said child which has

accrued or is accruing, provided that the liability for the above

costs shall be imposed for two (2) years preceding the issuance of

the notice pursuant to Section 83 of Title 10 of the Oklahoma

Statutes. The mother shall be liable for the reasonable expenses of

providing for the child to the same extent as the father and subject

Oklahoma Statutes - Title 56. Poor Persons Page 143

to the same limitation of liability for any time she does not have

custody of the child prior to the establishment of paternity or an

order for support;

4. That either or both parents shall be required to provide

medical support for the child, which may include health insurance,

cash medical support, or a combination of both, and pay a

proportionate share of medical expenses not reimbursed by insurance;

5. The amount of reimbursement requested for the costs of the

genetic test to determine paternity, if any;

6. That an immediate income assignment will be effectuated for

payment of current support and any judgments entered;

7. That in the absence of a legally established father pursuant

to the Uniform Parentage Act, a notice to appear and show cause

shall be issued to the alleged father which directs the alleged

father to appear and show cause why the administrative judge should

not determine him to be the father of any such children, liable for

the support requested in the notice, for the costs accrued and

accruing or the amount to be paid thereon;

8. That if paternity is disputed and there is no legally

established father pursuant to the Uniform Parentage Act, the

Administrative Law Judge shall enter an order directing genetic

tests to determine paternity and advise the alleged father that if

he fails to appear he will be in default and an order will be

entered against him. If the putative father is not excluded, and

the statistical probability of paternity according to scientifically

reliable genetic tests including, but not limited to, blood tests is

at least ninety-nine percent (99%) and he is contesting the issue of

paternity, he may request the Department to remove the action to

district court to determine paternity. If the statistical

probability of paternity is ninety-nine percent (99%), and the

father does not request the Department to remove to district court

within fourteen (14) days of the Department mailing the genetic test

or other test results, determination of paternity shall become final

for all intents and purposes and may be overturned only by appeal to

district court. Any such request shall be in writing and served on

the Department personally or by registered or certified mail;

9. That if the alleged father fails to appear at the genetic

testing, show cause, or any subsequent hearing or if no notice to

appear for genetic testing was served and no hearing is requested on

or before twenty (20) days from the date of service, the finding of

paternity shall become final and a support order entered. The order

shall be docketed with the district court in the county of residence

of the custodian or the child. If neither the custodian nor the

child reside in the state, the order shall be docketed in the county

of residence of the noncustodial parent. The support order shall be

enforced in the same manner as an order of the district court;

Oklahoma Statutes - Title 56. Poor Persons Page 144

10. That at any time after paternity is determined, the

Department may set a hearing to determine the child support

obligation, if child support has not already been established.

Failure to appear at the hearing will result in a support order

being entered against the noncustodial parent; and

11. That if the mother and father have voluntarily signed an

acknowledgment of paternity pursuant to the Uniform Parentage Act,

the duly executed acknowledgment of paternity is considered a legal

finding of paternity, subject to the right of any signatory to

rescind the acknowledgment within the earlier of:

a. sixty (60) days, or

b. the date of an administrative or judicial proceeding

relating to the child, including but not limited to a

proceeding to establish a support order, in which the

signatory is a party.

After the sixty-day period referred to in subparagraph a of this

paragraph, a duly executed acknowledgment of paternity may be

challenged in court only in accordance with the Uniform Parentage

Act. The legal responsibilities, including but not limited to child

support obligations, of any signatory arising from the

acknowledgment may not be suspended during the challenge, except for

good cause shown.

This paragraph shall not be interpreted to authorize the

rescission of an acknowledgement of paternity if such rescission

would be prohibited under applicable federal law.

C. The Department may accept voluntary acknowledgments of

support liability and support amounts.

D. If the name of the father has not been entered on the

child's birth certificate, the Department of Human Services shall

notify the State Department of Health, Division of Vital Records who

shall enter the name of the father, and if known, the date of birth

and the place of birth of the father, on the birth certificate.

E. If child support services are being provided pursuant to

Section 237 of this title, prior to the issuance of the notice of

paternity and support obligation, a father who denies paternity and

is not a legally established father under the Uniform Parentage Act

may request that a genetic test be administered. The request for

testing shall be in writing and served on the Department personally

or by registered or certified mail.

F. If a request for testing is made pursuant to subsection B or

E of this section, the Department shall arrange for the test and,

pursuant to rules promulgated by the Department, may advance the

cost of the testing. The Department shall mail a copy of the test

results by a certificate of mailing to the last-known address of the

father. If a request for genetic tests was made pursuant to

subsection E of this section, the Department shall mail the notice

Oklahoma Statutes - Title 56. Poor Persons Page 145

of paternity and support obligations to the father by certificate of

mailing to the last-known address of the father.

G. If genetic testing pursuant to subsection B or E of this

section excludes a person from being the biological father of the

child, the Department shall dismiss any pending court or

administrative collection proceedings against the person. The State

Department of Health, Division of Vital Records shall remove the

name of the person listed as the father from the birth certificate,

upon notice from the Department that the person has been excluded by

genetic testing. Once paternity is established, the State

Department of Health, Division of Vital Records shall correct its

records and amend the birth certificate to reflect the name of the

father.

H. If both the custodian mother and the father agree to change

the surname of the child to that of the father, the administrative

law judge may order the name changed. Upon receipt of an order

changing the child's surname, the State Department of Health,

Division of Vital Records shall correct its records and amend the

birth certificate to reflect the name change.

I. All docketed administrative orders shall be modified and

enforced in the same manner as an order of the district court.

J. The lump-sum judgment established for support owed prior to

the establishment of the current support order shall draw interest

pursuant to Section 114 of Title 43 of the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-1015.2 — OK Code / Title 56 / Section 56-1015.2
Definitions
Status: in_force

As used in the Consumer Protection for Wheeled Mobility Act:

1. “Assistive technology practitioner” or “ATP” means a for-

service provider who is involved in analysis of the needs and

training of a consumer in the use of a particular assistive

technology device;

2. “Assistive technology supplier” or “ATS” means a service

provider involved in the sale and service of rehabilitation

equipment or commercially available assistive technology products

and devices;

3. “RESNA” means the Rehabilitation Engineering and Assistive

Technology Society of North America; and

4. “Specialty evaluation” means the determination and

documentation of the consumer’s pathology, history and prognosis,

and the physiological, functional, and environmental factors that

impact the selection of an appropriate wheeled mobility system.
Okla. Stat. tit. 56, § 56-248 — OK Code / Title 56 / Section 56-248
Identity authentication for applicants
Status: in_force

A. Prior to awarding assistance under Medicaid, the Oklahoma

Health Care Authority shall require applicants to complete an

identity authentication process to confirm that the applicant owns

the identity presented in the application.

B. The identity authentication process shall be conducted

through a knowledge-based quiz consisting of financial and personal

Oklahoma Statutes - Title 56. Poor Persons Page 182

questions. The quiz shall attempt to accommodate unbanked or under-

banked applicants who do not have an established credit history.

C. The identity authentication process shall be available to be

submitted through multiple channels including online, in-person and

via phone.
Okla. Stat. tit. 56, § 56-241.3 — OK Code / Title 56 / Section 56-241.3
Limitation of benefits - Amount and receipt of
Status: in_force

allotments.

A. Except as otherwise provided by law or waiver, all able-

bodied recipients eighteen (18) years of age to fifty (50) years of

age, who are not disabled or raising minor children, may receive

food stamps for only three (3) months in each thirty-six-month

period except in months in which such recipients are employed for at

least twenty (20) or more hours per week. The Department of Human

Services shall enforce the provisions of this section and any

approved waivers or other provisions pursuant to law in effect for

this state as of the effective date of this act in designated areas

and populations.

B. 1. A family applying for food stamps after the fifteenth

(15th) day of each month shall be eligible to receive the total

amount of their initial allotment and their regular first allotment.

2. A household allotment of food stamps may be reduced by up to

twenty-five percent (25%) if a family is sanctioned in another

program established pursuant to the Statewide Temporary Assistance

Responsibility System.

Oklahoma Statutes - Title 56. Poor Persons Page 172

3. An individual in a treatment center shall designate the

treatment center as the recipient of such individual's food stamp

allotment.

4. Operating procedures for the food stamp programs in local

offices may vary to reflect local differences.

5. The Department is authorized to use the amount of a

household food stamp allotment to subsidize a job under a work

supplementation or support program.

C. Beginning October 1, 2013, the Department of Human Services

shall not request a waiver to provide Supplemental Nutrition

Assistance Program services to able-bodied adults without

dependents.
Okla. Stat. tit. 56, § 56-530.4 — OK Code / Title 56 / Section 56-530.4
Application for certificate - Provisional certificate
Status: in_force

A. Beginning January 1, 1994, no adult companion home shall be

operated or maintained unless certified by the Department of Human

Services. No new adult companion home may be established without

the prior approval of the Department, which shall be granted only

after the Department is satisfied that such adult companion home

Oklahoma Statutes - Title 56. Poor Persons Page 199

will meet known needs for the services proposed to be provided and

that the adult companion home will meet minimum standards.

B. An application for a certificate shall be made on forms

prescribed by the Department. Before issuing a certificate, the

Department shall investigate the activities and standards of care of

the applicant and, if satisfied that the applicant meets the

requirements as provided in the Oklahoma Adult Companion Home

Certification Act, a certificate shall be issued. A provisional

certificate may be issued to any applicant whose services are needed

but which is temporarily unable to conform to all the rules of the

Department. All certificates shall be in force for one (1) year

from date of issuance unless sooner revoked as authorized by the

Oklahoma Adult Companion Home Certification Act, and shall be

reissued annually upon application. A provisional certificate may

be in force for not more than one (1) year, unless an emergency

exists that, in the discretion of the Department, necessitates an

extension thereof.
Okla. Stat. tit. 56, § 56-212 — OK Code / Title 56 / Section 56-212
Matching contributions
Status: in_force

The State Budget Director shall prescribe the system and

procedure for matching the contributions of officials and employees

of the State of Oklahoma with state funds constituting the

employer's share of the contributions, pursuant to Public Law 734

(HR 6000) - 81st Congress, as authorized by Title 56, Chapter 7,

Oklahoma Session Laws 1949, for the coverage group designated as the

"State of Oklahoma".
Okla. Stat. tit. 56, § 56-3002.5 — OK Code / Title 56 / Section 56-3002.5
Oklahoma Options Counseling for Long-term Care Program
Status: in_force

Act.

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

Options Counseling for Long-term Care Program Act".
Okla. Stat. tit. 56, § 56-230.3 — OK Code / Title 56 / Section 56-230.3
Renumbered as § 230.53 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.

Oklahoma Statutes - Title 56. Poor Persons Page 96
Okla. Stat. tit. 56, § 56-200.6 — OK Code / Title 56 / Section 56-200.6
Renumbered as § 7302-4.1 of Title 10 by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 56, § 56-99 — OK Code / Title 56 / Section 56-99
Persons admitted - Authority and supervision
Status: in_force

The board of county commissioners shall admit all indigent

persons, who are legal residents of such county, to the indigent

care facility, under such rules and regulations as may be prescribed

by said commissioners. The board of county commissioners shall have

complete authority and supervision over the facility and shall

provide for managing and controlling the facility.
Okla. Stat. tit. 56, § 56-198.11c — OK Code / Title 56 / Section 56-198.11c
Short title - Opportunities for Independent Living Act
Status: in_force

- Legislative findings and intent - Pilot program - Duties of

Authority.

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

"Opportunities for Independent Living Act".

B. The Legislature finds that:

1. In the landmark Olmstead v. L.C. decision, the Supreme Court

interpreted Title II of the Americans with Disabilities Act to

require states to administer programs in the most integrated setting

appropriate to meet the needs of qualified persons with

disabilities;

2. Medicaid is presently structured to provide care to persons

with disabilities in institutional settings such as skilled nursing

facilities and private intermediate care facilities for individuals

with intellectual disabilities (ICFs/IID), and in community-based

settings such as group homes and waiver programs; and

3. Persons with disabilities living in institutional settings

must meet certain low-income standards to become eligible for

institutional care. Therefore, when a person with disabilities

wishes to move into the community, he or she has little or no

resources to pay for rent and utility deposits or purchase basic

household items.

C. It is the intent of the Legislature to establish a three-

year pilot program that:

1. Is consistent with and implements the Olmstead Decision;

2. Develops eligibility criteria for the pilot program;

3. In coordination with the Oklahoma Health Care Authority and

the Department of Human Services Aging Division, utilizes the

Centers for Medicare and Medicaid Services Minimum Data Set (MDS)

information to identify thirty people who have requested to receive

their services in a community setting;

4. Identifies barriers to moving into the community;

5. Works with nurses and case managers to coordinate services

for eligible participants within the pilot program to ensure the

health and safety of each consumer;

6. Establishes an infrastructure to allow for an effective

system that allows money to follow the person from Medicaid programs

into the community settings;

7. Increases the availability of safe, affordable and

accessible housing;

Oklahoma Statutes - Title 56. Poor Persons Page 74

8. Establishes a presence within local hospitals to reduce the

number of inappropriate placements within institutional settings;

9. Develops benefits counseling options; and

10. Allows qualified persons with disabilities the opportunity

to transition from institutions into the community.

D. Subject to the availability of funding, the Oklahoma Health

Care Authority shall establish and maintain a three-year pilot

program to assist qualified individuals with disabilities living in

institutions to transition into the community. The Authority shall

act as the lead agency and is authorized to consult and cooperate

with the Department of Human Services as necessary to carry out the

provisions of the Opportunities for Independent Living Act.

E. The Authority shall enter into contracts to carry out the

provisions of the Opportunities for Independent Living Act. Such

contracted entities shall be consumer-controlled, non-residence-

based, community-based, nonprofit organizations with experience in

transitioning persons with disabilities into community settings.

F. The Authority through its duly contracted entities shall:

1. Utilize MDS data to identify participants who prefer to

receive services within the community;

2. Develop eligibility criteria for pilot program participants;

3. Provide ongoing assistance to further develop assessment

criteria for pilot program participants;

4. Work in conjunction with health care providers and case

managers to coordinate services for pilot program participants;

5. Establish an effective system that allows money to follow

pilot program participants from the institutional setting to the

community;

6. Increase pilot program participant access to safe and

affordable housing;

7. Offer follow-up services such as training, technical

assistance and support for pilot program participants; and

8. Develop curriculum and marketing materials to train future

service providers.

G. The Authority through its duly contracted entities is

authorized to use available funding to assist eligible persons under

the Opportunities for Independent Living Act to:

1. Pay rent deposits;

2. Pay utility deposits;

3. Purchase initial household supplies;

4. Purchase basic initial household appliances; and

5. Purchase initial furniture and pay moving expenses.

H. The Authority shall promulgate rules as necessary to carry

out the provisions of the Opportunities for Independent Living Act.

Such rules shall include but are not limited to:

1. Eligibility criteria for services;

Oklahoma Statutes - Title 56. Poor Persons Page 75

2. Assessment protocols to identify persons in need of

services; and

3. Funding to assist eligible persons.

I. The Authority and the Department of Human Services shall

evaluate the implementation of the pilot program and annually make

recommendations to the Legislature regarding its effectiveness.
Okla. Stat. tit. 56, § 56-198.15 — OK Code / Title 56 / Section 56-198.15
Self-Directed Care Option
Status: in_force

A. 1. The Oklahoma Health Care Authority and the Department of

Human Services, hereinafter referred to as the Authority and the

Department, respectively, are hereby directed to operate the Self-

Directed Care Option for the citizens of the state who have

disabilities and are currently served by a home- and community-based

waiver with a Centers for Medicare and Medicaid Services approved

self-directed option which shall be based on the principles of

consumer choice and control.

2. The Department of Human Services shall implement the program

upon federal approval.

3. The Authority and the Department shall further establish

interagency cooperative agreements to implement and administer the

program.

4. Persons enrolled in the Self-Directed Care Option shall be

authorized to choose the providers of services and to direct the

delivery of services to best meet their long-term care needs.

5. The Self-Directed Care Option shall operate within funds

appropriated by the Legislature.

B. Any person currently receiving waiver services in a home-

and community-based waiver program as amended to include the Self-

Directed Care Option and who is determined through the Department’s

assessment process to be able to direct their own care or to

designate an eligible representative to assist the person in

directing care may choose to participate in the Self-Directed Care

Option. For purposes of this section, a legal representative acts

on behalf of the consumer.

C. 1. A consumer enrolled in the program shall be given a

budget allowance based on the results of the functional needs

assessment for the consumer.

2. The Department of Human Services shall develop purchasing

guidelines, approved by the Authority, to assist a consumer in using

the budget allowance to purchase needed, cost-effective services.

D. A consumer shall use the budget allowance only to pay for

home- and community-based services that meet the long-term needs of

the consumer and are a cost-efficient use of funds including, but

not limited to:

1. Ancillary services as defined in Section 198.14 of this

title;

2. Basic services as defined in Section 198.14 of this title;

3. Homemaking and chores, including housework, meals, shopping

and transportation;

4. Day care and respite care services provided by adult day

care facilities;

Oklahoma Statutes - Title 56. Poor Persons Page 78

5. Personal care and support services provided in an assisted

living facility should the facilities be subsequently approved for

reimbursement under the state Medicaid program;

6. Durable medical equipment and supplies; and

7. Adaptive equipment.

E. A consumer shall be allowed to choose providers of services,

as well as when and how services will be provided. A qualified

consumer-employed caregiver is a person who is not legally

responsible for the consumer’s care, who is eighteen (18) years of

age or older, has passed a criminal background check and a registry

check pursuant to Sections 1025.2 and 1025.3 of this title, and has

the training necessary to meet the needs of the consumer. When the

consumer is the employer of record, the consumer's roles and

responsibilities include, but are not limited to, the following:

1. Developing a job description;

2. Selecting caregivers and submitting information for a

criminal history background check;

3. Establishing and communicating needs, preferences and

expectations about services being purchased;

4. Providing payments and tax requirements;

5. Being considered employer of record for purposes of the

Workers’ Compensation Act and paying premiums for workers’

compensation insurance from the budget allowance or being self-

insured pursuant to the Workers’ Compensation Act;

6. Directing and supervising consumer-employed caregivers;

7. Ensuring the accuracy and timely submission of records

required by the fiscal intermediary; and

8. Terminating the employment of an unsatisfactory caregiver.

F. The roles and responsibilities of the Department include,

but are not limited to:

1. Assessing the functional needs of each consumer to determine

eligibility, developing a service plan, and establishing a budget

allowance based on the needs assessment;

2. Offering or contracting for services which shall provide

training, technical assistance, and support to the consumer;

3. Approving fiscal intermediaries;

4. Establishing minimum qualifications and training for all

caregivers and providers;

5. Serving as the final arbiter of the fitness of any

individual to be a caregiver or provider; and

6. Developing and implementing a quality assurance plan.

G. The responsibilities of the fiscal intermediary include, but

are not limited to:

1. Providing recordkeeping services;

2. Retaining the budget allowance;

3. Processing employment information;

4. Processing federal and state tax, unemployment and FICA;

Oklahoma Statutes - Title 56. Poor Persons Page 79

5. Processing workers’ compensation insurance premiums or

payments for self-insurance pursuant to the Workers’ Compensation

Act;

6. Reviewing records to ensure correctness;

7. Writing paychecks to providers;

8. Completing criminal history background check and registry

check for consumer-employed caregivers pursuant to Sections 1025.2

and 1025.3 of this title; and

9. Delivering paychecks to the consumer for distribution to

providers and caregivers.
Okla. Stat. tit. 56, § 56-1011.9 — OK Code / Title 56 / Section 56-1011.9
Establishment of method to reduce payment error rate -
Status: in_force

Reporting of errors.

A. 1. The Oklahoma Health Care Authority shall establish a

method to deter abuse and reduce errors in Medicaid billing,

payment, and eligibility through the use of technology and

accountability measures for the Authority, providers, and consumers.

The Authority shall achieve a payment error rate measurement of no

greater than five percent (5%) by fiscal year 2009. The Oklahoma

Health Care Authority shall evaluate and report findings to the

Governor and the Legislature.

2. For the purposes of this section, “error rate” means errors

based on clearly defined objective documentation standards that are

readily available to providers. Training to meet the standards

shall be provided on at least an annual basis by the Oklahoma Health

Care Authority.

B. 1. If errors are suspected to be the result of fraudulent

acts, the errors shall be reported and investigated by the Oklahoma

Attorney General.

Oklahoma Statutes - Title 56. Poor Persons Page 236

2. Recoupment of overpayments due to identified errors

determined not to be fraudulent and shall occur only after the

provider has had the opportunity to exercise the right to an appeal

that shall include a hearing conducted by an administrative law

judge appointed by the Oklahoma Attorney General. The provider

shall have the right to participate in the hearing and to be

represented by legal counsel.

C. The Oklahoma Health Care Authority shall evaluate and report

findings concerning the limited use of the extrapolation method to

the Governor and the Legislature.
Okla. Stat. tit. 56, § 56-4002.11 — OK Code / Title 56 / Section 56-4002.11
Scorecard comparing contracted entities and dental
Status: in_force

benefit managers.

No later than one (1) year following the execution of the

delivery model transition described in the Ensuring Access to

Medicaid Act, the Oklahoma Health Care Authority shall create a

scorecard that compares each contracted entity and separately

compares each dental benefit manager. The scorecard shall report

the average speed of authorizations of services, rates of denials of

Medicaid reimbursable services when a complete authorization request

is submitted in a timely manner, member satisfaction survey results,

provider satisfaction survey results, and such other criteria as the

Authority may require. The scorecard shall be compiled quarterly

and shall consist of the information specified in this section from

the prior quarter. The Authority shall provide the most recent

quarterly scorecard to all initial members during enrollment choice

counseling following the eligibility determination and prior to

initial enrollment. The Authority shall provide the most recent

quarterly scorecard to all members at the beginning of each

enrollment period. The Authority shall publish each quarterly

scorecard on its public Internet website.

Oklahoma Statutes - Title 56. Poor Persons Page 315
Okla. Stat. tit. 56, § 56-199.3 — OK Code / Title 56 / Section 56-199.3
Traumatic brain or spinal cord injury - Contracts for
Status: in_force

inpatient services - Study and recommendations - Service standards.

A. Subject to subsection C of this section, the Department of

Human Services is authorized to enter into contracts for the

provision of inpatient specialized rehabilitative and related

services which qualify as medical assistance under Title XIX of the

Social Security Act for eligible persons having a traumatic brain

injury or spinal cord injury.

B. The Department of Human Services shall conduct a study in

consultation with the Advisory Council on Traumatic Spinal Cord and

Traumatic Brain Injury within the State Department of Health and

then make recommendations to the Commission for Human Services for

the establishment of a rate or other form of adequate payment for

contracts with facilities, other than general acute care hospitals,

providing inpatient specialized rehabilitative and related services

for persons having a traumatic brain injury or spinal cord injury.

C. If the results of the study required by subsection B of this

section demonstrate that making such services available to said

persons would result in an overall lower cost for providing services

to this population than current service delivery practices, the

Department shall enter into contracts with specialized facilities

that meet such standards as the Board of Health shall require for

certificate of need and licensure under provisions of Title 63 of

the Oklahoma Statutes, Section 1-850 et seq. and Section 1-1901 et

Oklahoma Statutes - Title 56. Poor Persons Page 84

seq., respectively. Standards for licensure promulgated by the

Board of Health for specialized facilities serving persons with

traumatic brain injury or spinal cord injury shall, to the maximum

extent feasible, correspond substantially to the standards of the

Council on Accreditation of Rehabilitation Facilities for such or

similar facilities and services.Oklahoma Statutes - Title 56. Poor Persons Page 4
Okla. Stat. tit. 56, § 56-175 — OK Code / Title 56 / Section 56-175
Assistance to crippled children
Status: in_force

It shall be the duty of the county department in the several

respective counties in accordance with the rules and regulations of

the Commission to take the initiative in ascertaining the need for

assistance of persons eligible for assistance under the provisions

of subsection (c) of Section 164 of this title and report in writing

on forms furnished by the Department its recommendations showing the

nature of the need for assistance, the kind and amount of assistance

needed in each case. The Department shall have authority to enter

into agreements with physicians, nurses, hospitals, agencies and

individuals for the purpose of carrying into effect the provisions

of subsection (c) of Section 164 of this title. All claims approved

for payment under this section shall be drawn against the Human

Services Medical and Assistance Fund and paid in the same manner as

other expenditures.

Added by State Question No. 226, Initiative Petition No. 155, § 15,

adopted July 7, 1936. Amended by Laws 1939, p. 91, § 13, emerg.

Oklahoma Statutes - Title 56. Poor Persons Page 57

eff. May 9, 1939; Laws 1943, p. 129, § 1, emerg. eff. April 12,

1943; Laws 1988, c. 326, § 11, emerg. eff. July 13, 1988.
Okla. Stat. tit. 56, § 56-27.3 — OK Code / Title 56 / Section 56-27.3
Work assignments - Duration of work - Earnings
Status: in_force

When the state or federal government or any agencies thereof, a

county, city or municipal corporation has undertaken, or is about to

undertake, a program which is for the benefit of the general public

or any segment thereof, said state agency, county, city or municipal

corporation may enter into an agreement with the Department of

Public Welfare wherein and whereby the Department of Public Welfare

may assign unemployed employable persons who have attained the age

of sixteen (16) and who are eligible for assistance to do and

perform work and labor on behalf of said state, or federal

government, county, city or municipal corporation and such person

shall perform, if available, work and labor for such state, or

federal government, county, city or municipal corporation for the

length of time necessary to earn at the legal minimum wage or the

going hourly rate prevailing in the area for labor of like kind,

whichever is higher, an amount of money equal to the amount of

assistance granted to such person and the assistance unit of which

he or his dependents is a part.
Okla. Stat. tit. 56, § 56-1025.4 — OK Code / Title 56 / Section 56-1025.4
Violations and penalties
Status: in_force

Any violation of the provisions of Sections 11 through 13 of

this act shall be a misdemeanor and, upon conviction or plea of

guilty or nolo contendere, shall be punishable by a fine of not less

than Three Hundred Dollars ($300.00), but not to exceed One Thousand

Dollars ($1,000.00). In addition to the fine, such violator may be

imprisoned in the county jail for not more than thirty (30) days.

Each day that such violation continues shall be considered to be a

separate violation.
Okla. Stat. tit. 56, § 56-169 — OK Code / Title 56 / Section 56-169
Reinvestigation of assistance grants
Status: in_force

All assistance grants made under this act shall be

reinvestigated by the Department as frequently as may be required by

the Commission. In all cases, the Department shall have the power to

modify or revoke its former grant. The same right of hearing shall

be accorded an aggrieved recipient as provided in Section 8 thereof.

Provided, that on and after June 1st, 1957, it shall be the duty of

the Oklahoma Public Welfare Commission in conformity with the

Federal Social Security Laws and in regard to funds available to

revise and liberalize the budget as now used in ascertaining the

need of any person eligible to receive old age assistance, and in so

Oklahoma Statutes - Title 56. Poor Persons Page 54

doing the increased cost of living and condition of health shall be

given due consideration (and excepting earned and/or inconsequential

resources and casual irregular or unpredictable wages or salary in

an amount of an average of $50.00 or a greater amount per month).

Provided further, that the Commission shall immediately direct the

reinvestigation and revision of the budget of each and every

recipient and the payment of assistance thereafter shall be made on

such basis.

Added by State Question No. 226, Initiative Petition No. 155, § 9,

adopted July 7, 1936. Amended by Laws 1939, p. 90, § 9, emerg. eff.

May 9, 1939; Laws 1945, p. 181, § 2, emerg. eff. May 7, 1945; Laws

1957, p. 457, § 2, emerg. eff. April 9, 1957.
Okla. Stat. tit. 56, § 56-1010.22 — OK Code / Title 56 / Section 56-1010.22
Establishment of program – Services to be offered –
Status: in_force

Target population.

A. The Department of Human Services shall establish a program

through which health care providers and members of the public can

obtain information about manufacturer-sponsored prescription drug

assistance programs and shall provide such information to

pharmacies, physicians and other appropriate health care providers,

and to the general public. The Department shall ensure that the

program has staff available who can, at a minimum:

1. Determine whether a pharmaceutical program is offered for

the drug or drugs;

2. Determine whether a person is eligible for assistance

through a pharmaceutical program; and

Oklahoma Statutes - Title 56. Poor Persons Page 227

3. Assist a person to make application to and enroll in a

pharmaceutical assistance program.

B. Initial implementation of the program shall target senior

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

telephone number for senior citizen services.

C. The Department shall implement additional strategies,

subject to available resources and the recommendations of the

Oklahoma Pharmacy Connection Council, to improve access to

prescription drugs for citizens who have no or inadequate health

insurance or other resources for the purchase of medically necessary

prescription drugs.

D. The Department may apply for and accept grants or gifts and

may enter into contracts with other state agencies or private

organizations to assist with the implementation of the Oklahoma

Pharmacy Connection Program including, but not limited to,

contracts, gifts or grants from pharmaceutical manufacturers to

assist with the direct costs of the program, and take such other

action as necessary and appropriate to accomplish the purposes of

and implement the provisions of the Oklahoma Pharmacy Connection

Program.

E. The Department of Human Services shall notify pharmaceutical

companies doing business in Oklahoma of the Oklahoma Pharmacy

Connection Program. Any pharmaceutical company that does business

in this state and that offers a pharmaceutical assistance program

shall notify the Department of Human Services of the existence of

the program, the drugs covered by the program, and all information

necessary to apply for assistance under the program.
Okla. Stat. tit. 56, § 56-230.75 — OK Code / Title 56 / Section 56-230.75
Task Force on State Plan Options for the Temporary
Status: in_force

Assistance to Needy Families Program (TANF Options Task Force).

A. There is hereby created until June 1, 2000, the "Task Force

on State Plan Options for the Temporary Assistance to Needy Families

Program". The Task Force may be referred to as the "TANF Options

Task Force".

B. The Task Force on State Plan Options for the Temporary

Assistance to Needy Families Program shall:

1. Review:

a. the options available to Oklahoma under the federal

Personal Responsibility and Work Opportunities

Reconciliation Act related to the eligibility of

persons who are victims of domestic abuse or who are

receiving or in need of treatment for substance abuse

under the State Plan for Temporary Assistance to Needy

Families pursuant to the federal Personal

Responsibility and Work Opportunities Reconciliation

Act, and

b. the effects or potential effects of adopting such

options; and

2. Make recommendations to the Legislature on or before January

1, 1999, concerning legislation or other state action which the Task

Force deems necessary or desirable.

Added by § 1 of Enrolled House Joint Resolution No. 1025 of the 2nd

Session of the 46th Oklahoma Legislature. Codified by Laws 1998, c.

414, § 21, emerg. eff. June 11, 1998.
Okla. Stat. tit. 56, § 56-162.5 — OK Code / Title 56 / Section 56-162.5
Institutional Maintenance and Construction Unit and
Status: in_force

Architecture and Engineering Planning Unit - Authority to contract

with Oklahoma Medical Center.

The Institutional Maintenance and Construction Unit and the

Architecture and Engineering Planning Unit of the Department of

Human Services, or its successors, shall have authority to submit

bids and enter into contracts with and to perform services for the

Oklahoma Medical Center for construction and remodeling projects

that fall within the scope of services of the Unit or its

successors.
Okla. Stat. tit. 56, § 56-301.1 — OK Code / Title 56 / Section 56-301.1
Renumbered as § 1407 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-94 — OK Code / Title 56 / Section 56-94
Conduct of election
Status: in_force

Said election shall be conducted by the duly qualified election

officials of such county and the returns thereof made to the

secretary of the county election board, in all things and respects

as now provided by law for holding county elections.