Okla. Stat. tit. 56, § 56-214 — OK Code / Title 56 / Section 56-214
Reports - Duties of Director
Status: in_force

State departments, institutions and agencies shall file with the

State Budget Director such reports as are required by the Federal

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

authorized by Title 56, Chapter 7, Oklahoma Session Laws 1949) at

such time or times as the Federal Security Administrator may by

regulations require. The Director of Old-Age and Survivors

Insurance, under the administrative direction of the State Budget

Director, shall verify extensions and totals and require state

agencies to pay amounts due from nontreasury funds which when added

to OASI payroll reserves from treasury funds will be the amount due

the federal government for each reporting period.

The State Budget Director shall consolidate the reports of all

state departments, institutions and agencies and shall file a

consolidated report representing the State of Oklahoma as a coverage

group, with the Department of Public Welfare.

Nothing in this act shall be construed to require the reports of

political subdivisions of the state (counties, cities and towns) or

instrumentalities of either, to be channeled through the State

Budget Office. Such reports shall be made to the Department of

Public Welfare, which has been designated to administer the Old-Age

and Survivors Insurance program on behalf of the state and its

political subdivisions, pursuant to the provisions of Article 25,

Section 2, Oklahoma Constitution.
Okla. Stat. tit. 56, § 56-1006 — OK Code / Title 56 / Section 56-1006
Medicaid fraud - Penalties
Status: in_force

A. Any person found to have committed any violation of

paragraphs 1 through 6 of subsection A of Section 1005 of this title

shall be deemed guilty of Medicaid fraud.

B. 1. Any person committing Medicaid fraud where the aggregate

amount of payments illegally claimed or received is One Thousand

Dollars ($1,000.00) or more shall be guilty of a felony, and upon

conviction thereof shall pay a fine of not more than three times the

amount of payments illegally claimed or received or Ten Thousand

Dollars ($10,000.00) whichever is greater, or be imprisoned for not

more than three (3) years, or by both such fine and imprisonment.

2. Any person committing Medicaid fraud where the aggregate

amount of payments illegally claimed or received is less than One

Thousand Dollars ($1,000.00) shall be guilty of a misdemeanor and

upon conviction thereof shall pay a fine of not more than three

times the amount of payments illegally claimed or received or One

Thousand Dollars ($1,000.00) whichever is greater, or imprisoned for

not more than one (1) year, or by both such fine and imprisonment.

Any person who violates paragraph 7 of subsection A of Section

1005 of this title shall be guilty of a felony, and upon conviction

thereof shall pay a fine of not more than three times the amount of

payments (claimed or received) equaling the services which would

have been reflected in the absent records or Ten Thousand Dollars

($10,000.00), whichever is greater, or be imprisoned for not more

than three (3) years, or by both such fine and imprisonment.

Additionally, the person found guilty hereunder shall be liable for

the cost of the investigation, litigation, and attorney fees, which,

in addition to all fines assessed, shall be deposited in the

Attorney General's Medicaid Revolving Fund.
Okla. Stat. tit. 56, § 56-4004 — OK Code / Title 56 / Section 56-4004
Renumbered as § 4002.15 of this title by Laws 2022, c
Status: in_force

395, § 24, eff. July 1, 2022.
Okla. Stat. tit. 56, § 56-27.1 — OK Code / Title 56 / Section 56-27.1
Community work and training program
Status: in_force

The term community work and training program shall be defined as

follows: A plan jointly entered into between the Department of

Public Welfare and an agency, department, board or commission of the

state or federal government, county, city or municipal corporation

which is subject to approval of the Department of Public Welfare

under which the state or federal government, county, city or

Oklahoma Statutes - Title 56. Poor Persons Page 18

municipal corporation undertakes to provide work in and about public

works or improvements, utilizing labor and services required to be

performed by applicants or recipients of public assistance.
Okla. Stat. tit. 56, § 56-344 — OK Code / Title 56 / Section 56-344
Renumbered as § 3222 of Title 63 by Laws 1993, c. 330, §
Status: in_force

31, eff. July 1, 1993.
Okla. Stat. tit. 56, § 56-240.3 — OK Code / Title 56 / Section 56-240.3
Appeals
Status: in_force

A. 1. Final orders of the Office of Administrative Hearings:

Child Support (OAH) may be appealed to the district court pursuant

Oklahoma Statutes - Title 56. Poor Persons Page 152

to this section by any party directly affected and showing

aggrievement by the order, or by the Oklahoma Department of Human

Services.

2. An appeal shall be commenced by filing a petition in error

with the clerk of the district court in the county of the underlying

district court order, if any, or if there is no underlying district

court order filed in this state, the petition in error 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 within thirty (30) days from the date the order is

either provided in person or mailed by OAH to all parties. The time

limit prescribed in this paragraph for filing the petition in error

shall not be extended. The petition in error shall be served by

certified mail on the district child support office. Further, a

copy of the petition in error shall be mailed by regular mail to the

Office of Administrative Hearings: Child Support.

3. A designation of record shall be filed prior to or

concurrently with the filing of the petition in error. The manner

of perfection of the record of the proceedings to be reviewed and

the time for its completion shall be in accordance with rules and

forms prescribed by the Oklahoma Supreme Court.

4. The appeal shall not stay the execution of any order of the

OAH unless the district court, for cause shown, shall order the

administrative order be stayed pending such appeal.

5. The district court may affirm the decision or remand the

case for further proceedings. Additionally, the district court may

set aside, reverse or modify the decision if substantial rights of

the appellant have been prejudiced because the findings, inferences,

conclusions or decisions are:

a. in violation of constitutional provisions,

b. in excess of the statutory authority or jurisdiction

of OAH,

c. made upon unlawful procedure,

d. affected by other error of law,

e. clearly erroneous as not supported by substantial

evidence in the record,

f. arbitrary or capricious, or

g. made without findings of fact upon issues essential to

the decision, although such findings of fact were

requested.

B. The certified transcript, exhibits, pleadings, recordings of

the hearing and any written orders that pertain to the appealable

order under review may constitute the record on appeal to the

district court in compliance with rules prescribed by the Oklahoma

Supreme Court. OAH shall prepare or direct the preparation of the

official transcript by a licensed court reporter, if a transcript is

requested. The party seeking a copy of the transcript of the

Oklahoma Statutes - Title 56. Poor Persons Page 153

hearing shall prepay all costs of transcription and pay a reasonable

deposit or provide adequate indemnity prior to preparation of the

transcript. If a party is financially unable to pay the

transcription costs, the party shall provide OAH and the district

office with an in forma pauperis affidavit which verifies the

inability to pay. If OAH determines the party is financially unable

to pay transcription costs, a transcript will be provided by OAH.

The transcript shall not be provided prior to full payment, payment

of a deposit, provision of adequate indemnity for all transcription

costs, or an order finding OAH will bear the costs of transcription.
Okla. Stat. tit. 56, § 56-240.13 — OK Code / Title 56 / Section 56-240.13
Guidelines for indirect contempt and purge fees -
Status: in_force

Request to Oklahoma Supreme Court.

The Legislature hereby requests the Oklahoma Supreme Court to

adopt guidelines for indirect contempt and purge fees on or before

January 1, 1994.
Okla. Stat. tit. 56, § 56-238.7 — OK Code / Title 56 / Section 56-238.7
Modification of final order to pay child support
Status: in_force

A final order of the Department of Human Services providing for

the payment of child support which has not been set aside on appeal

by the district court shall not be modified retroactively or payment

of all or a portion of the past due amount waived, except by mutual

agreement of the obligor and obligee or, if the child support rights

have been assigned to the Department or other entity, by agreement

of the Department or such entity.
Okla. Stat. tit. 56, § 56-245.1 — OK Code / Title 56 / Section 56-245.1
Partnerships to generate funding
Status: in_force

The Oklahoma Department of Commerce in conjunction with the

Oklahoma Food Security Committee shall work with public and private

Oklahoma Statutes - Title 56. Poor Persons Page 179

partnerships to secure funding to increase the capacity of

Oklahoma’s food security initiatives.
Okla. Stat. tit. 56, § 56-4002.3b — OK Code / Title 56 / Section 56-4002.3b
Capitated contracts – Requests for proposals –
Status: in_force

Competitive bids.

A. All capitated contracts shall be the result of requests for

proposals issued by the Oklahoma Health Care Authority and

submission of competitive bids by contracted entities pursuant to

the Oklahoma Central Purchasing Act.

B. Statewide capitated contracts may be awarded to any

contracted entity including, but not limited to, any provider-led

entity or provider-owned entity, or both.

C. The Authority shall award no less than three statewide

capitated contracts to provide comprehensive integrated health

services including, but not limited to, medical, behavioral health,

and pharmacy services and no less than two statewide capitated

contracts to provide dental coverage to Medicaid members as

specified in Section 4002.3a of this title.

D. 1. Except as specified in paragraph 3 of this subsection,

at least one capitated contract to provide statewide coverage to

Medicaid members shall be awarded to a provider-led entity, as long

as the provider-led entity submits a responsive reply to the

Authority’s request for proposals demonstrating ability to fulfill

the contract requirements.

2. Effective with the next procurement cycle, and except as

specified in paragraph 3 of this subsection, at least one capitated

contract to provide statewide coverage to Medicaid members shall be

awarded to a provider-owned entity, as long as the provider-owned

entity submits a responsive reply to the Authority’s request for

proposals demonstrating ability to fulfill the contract

requirements.

3. If no provider-led entity or provider-owned entity submits a

responsive reply to the Authority’s request for proposals

demonstrating ability to fulfill the contract requirements, the

Authority shall not be required to contract for statewide coverage

with a provider-led entity or provider-owned entity.

4. The Authority shall develop a scoring methodology for the

request for proposals that affords preferential scoring to provider-

led entities and provider-owned entities, as long as the provider-

led entity and provider-owned entity otherwise demonstrate an

ability to fulfill the contract requirements. The preferential

scoring methodology shall include opportunities to award additional

points to provider-led entities and provider-owned entities based on

certain factors including, but not limited to:

Oklahoma Statutes - Title 56. Poor Persons Page 303

a. broad provider participation in ownership and

governance structure,

b. demonstrated experience in care coordination and care

management for Medicaid members across a variety of

service types including, but not limited to, primary

care and behavioral health,

c. demonstrated experience in Medicare or Medicaid

accountable care organizations or other Medicare or

Medicaid alternative payment models, Medicare or

Medicaid value-based payment arrangements, or Medicare

or Medicaid risk-sharing arrangements including, but

not limited to, innovation models of the Center for

Medicare and Medicaid Innovation of the Centers for

Medicare and Medicaid Services, or value-based payment

arrangements or risk-sharing arrangements in the

commercial health care market, and

d. other relevant factors identified by the Authority.

E. The Authority may select at least one provider-led entity or

one provider-owned entity for the urban region if:

1. The provider-led entity or provider-owned entity submits a

responsive reply to the Authority’s request for proposals

demonstrating ability to fulfill the contract requirements; and

2. The provider-led entity or provider-owned entity

demonstrates the ability, and agrees continually, to expand its

coverage area throughout the contract term and to develop statewide

operational readiness within a time frame set by the Authority but

not mandated before five (5) years.

F. At the discretion of the Authority, capitated contracts may

be extended to ensure there are no gaps in coverage that may result

from termination of a capitated contract; provided, the total

contracting period for a capitated contract shall not exceed seven

(7) years.

G. At the end of the contracting period, the Authority shall

solicit and award new contracts as provided by this section and

Section 4002.3a of this title.

H. At the discretion of the Authority, subject to appropriate

notice to the Legislature and the Centers for Medicare and Medicaid

Services, the Authority may approve a delay in the implementation of

one or more capitated contracts to ensure financial and operational

readiness.
Okla. Stat. tit. 56, § 56-162.3 — OK Code / Title 56 / Section 56-162.3
Police officers - Certification
Status: in_force

Employees of the Department of Human Services serving as police

officers shall obtain a certificate as provided for in Section 3311

of Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-240.4 — OK Code / Title 56 / Section 56-240.4
Admissibility of report of payments
Status: in_force

A report of the payments made by the obligor or payor or of AFDC

payments made to a person entitled to support which is prepared by

the Division, the District Office, or by public agencies in other

states with a certification of authenticity executed by the

Division, the District Office, or a public agency in another state

is admissible into evidence in district court or in an

administrative court proceeding as self-authenticated.
Okla. Stat. tit. 56, § 56-235 — OK Code / Title 56 / Section 56-235
Payments to Department of Human Services
Status: in_force

Any court ordering a party in a civil case to make payments for

the support or maintenance of a child may direct, and upon

application of the Director of the Department of Human Services, the

court shall direct, that such payments be made to the Department of

Human Services which shall be disbursed according to federal

regulations. The court's order, or payments made pursuant thereto,

shall not affect the amount of such assistance payments so long as

the custodian of the child makes all reasonable efforts, when

necessary, to cause the court's order to be obeyed. If payments are

not made by such party as directed by the court, the Director of the

Department of Human Services may file and prosecute in the case an

application to have the party cited for contempt of court, or other

pleading to secure a compliance with the court's order. Provided,

the authority of the Director of the Department of Human Services to

take such action shall not affect the right or responsibility of the

custodian of the child to take, or excuse her or him from taking,

similar action. The Oklahoma Commission for Human Services shall

have authority to adopt such rules and regulations as it deems

necessary to carry out the provisions of this act.
Okla. Stat. tit. 56, § 56-301 — OK Code / Title 56 / Section 56-301
Renumbered as § 1406 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-198.11a — OK Code / Title 56 / Section 56-198.11a
Oklahoma Consumer-Directed Personal Assistance and
Status: in_force

CD-PASS) Act – Oklahoma Consumer-Directed Personal Assistance and Support ServicesSupport Services (Oklahoma CD-PASS) Act – Oklahoma Consumer-Directed

Personal Assistance and Support Services Demonstration Program –

Services included – Duties of Aging Services Division.

A. The Aging Services Division within the Department of Human

Services, upon the approval of the Centers for Medicare and Medicaid

Services, shall establish the Oklahoma Consumer-Directed Personal

Assistance and Support Services (Oklahoma CD-PASS) Demonstration

Program. The purpose of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Demonstration Program shall be to

enhance the range of choices and options for Medicaid-eligible

consumers, on a voluntary basis, who require long-term care support

services, and to assist families with a Medicaid-eligible member who

requires long-term care support services to arrange and purchase

their own personal care and related services.

B. The Oklahoma Consumer-Directed Personal Assistance and

Support Services Demonstration Program includes, but is not limited

to, the following types of services:

1. a. Basic services, such as getting a recipient in and out

of a bed or in or out of a wheelchair or motorized

chair, or both,

b. Assisting with certain bodily functions, such as

bathing and personal hygiene, dressing and grooming,

and feeding including preparation and cleanup;

2. Ancillary services such as shopping and cleaning;

3. Companion-type services such as transportation, letter

writing and reading; and

4. Any other service requested by the eligible recipient

needing care and services.

C. 1. In developing the Oklahoma Consumer-Directed Personal

Assistance and Support Services Demonstration Program, the Aging

Services Division shall develop guidelines, eligibility criteria,

program performance standards, and techniques to evaluate the

outcomes of the Oklahoma Consumer-Directed Personal Assistance and

Support Services Demonstration Program.

2. The Demonstration Program, at a minimum, shall have the

following requirements:

a. the cost in the aggregate of the services offered

through the CD-PASS Program care plan shall be equal

Oklahoma Statutes - Title 56. Poor Persons Page 68

to or less than the average cost of the Advantage

Waiver Program service or personal care plan as

applicable,

b. the baseline level of consumer satisfaction shall be

measured by an independent third party prior to

initiation of the Demonstration Program,

c. the scope of services offered within the CD-PASS

Program shall comply with current state statutes and

rules, and federal regulations, and

d. program evaluation which shall include an indication

of whether:

(1) consumer satisfaction for CD-PASS Program

participants is higher than or equal to consumer

satisfaction for Advantage Waiver Program

clients, as measured by an independent third

party, and

(2) the percentage of delivered hours of the CD-PASS

Program client care plan are greater than or

equal to the percentage of delivered hours of the

Advantage Waiver Program service or personal care

plan.

D. The Aging Services Division may:

1. Consult with various federal, state and local entities in

order to fulfill the purposes of the Oklahoma Consumer-Directed

Personal Assistance and Support Services Demonstration Program;

2. Contract with entities in fulfilling the purposes of the

Oklahoma Consumer-Directed Personal Assistance and Support Services

Demonstration Program; and

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

Services and the availability of funds, expand the Oklahoma

Consumer-Directed Personal Assistance and Support Services

Demonstration Program statewide if the evaluation provided for in

subsection C of this section demonstrates consumer satisfaction with

and cost effectiveness in the delivery of the Program.

E. The Commission for Human Services and the Oklahoma Health

Care Authority Board shall promulgate any rules necessary to

implement the provisions of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Act.
Okla. Stat. tit. 56, § 56-96 — OK Code / Title 56 / Section 56-96
Rate of interest - Payment - Signatures - Recording
Status: in_force

Bonds issued as herein provided shall bear interest at a rate

not to exceed the maximum rate provided by Section 498.1 of Title 62

of the Oklahoma Statutes, payable semiannually, and of denominations

of not less than One Hundred Dollars ($100.00), nor more than One

Thousand Dollars ($1,000.00) each. The entire amount shall be

payable within twenty-five (25) years. They shall be signed by the

chairman of the board of county commissioners, and countersigned by

the county clerk. They shall be recorded by the county clerk and by

the State Auditor and Inspector, both of whom shall endorse the same

Oklahoma Statutes - Title 56. Poor Persons Page 32

on the back thereof. Facsimile signatures may be used as provided

by the Registered Public Obligations Act of Oklahoma.
Okla. Stat. tit. 56, § 56-189b — OK Code / Title 56 / Section 56-189b
Partial invalidity
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

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

other than the portion so held to be invalid.
Okla. Stat. tit. 56, § 56-168 — OK Code / Title 56 / Section 56-168
Appeal by applicant - Procedure - Review
Status: in_force

A. Any applicant or recipient adversely affected by a decision

of the Department of Human Services on benefits or services provided

pursuant to the provisions of this title, shall be afforded an

opportunity for a hearing pursuant to the provisions of subsection B

of this section after such applicant or recipient has been notified

of the adverse decision of the Department.

B. 1. Upon timely receipt of a request for a hearing as

specified in the notice of adverse decision, the Department shall

hold a hearing pursuant to the provisions of Section 310 of Title 75

of the Oklahoma Statutes.

2. The record of the hearing shall include but shall not be

limited to:

a. all pleadings, motions, and intermediate rulings,

b. evidence received or considered,

c. any decision, opinion, or report by the officer

presiding at the hearing, and

Oklahoma Statutes - Title 56. Poor Persons Page 53

d. all staff memoranda or data submitted to the hearing

officer or members of the agency in connection with

their consideration of the case.

3. Oral proceedings shall be electronically recorded by the

Department. Any party may request a copy of the tape recording of

their administrative hearing or may request a transcription of the

tape recording to comply with any federal or state law.

4. The decision issued pursuant to this subsection shall be the

final decision of the Department unless appealed pursuant to

subsection C of this section.

C. Any decision of the Department after such a hearing pursuant

to subsection B of this section shall be subject to review by the

Director of Human Services or a designee of the Director upon a

timely request for review by the applicant, recipient or Department

staff. The Director or a designee of the Director shall issue a

decision after review or may refer review of the hearing decision to

the Commission for Human Services. The referral shall be based on

criteria established by the Commission. The decision of the

Director or a designee of the Director shall be final unless

appealed as provided by the provisions of subsection D of this

section.

D. Any applicant or recipient under this title aggrieved by a

decision of the Director or a designee of the Director rendered

pursuant to this section may petition the district court in which

the applicant or recipient resides for a judicial review of the

decision pursuant to the provisions of Sections 318 through 323 of

Title 75 of the Oklahoma Statutes. A copy of the petition shall be

served by mail upon the General Counsel of the Department.

Added by State Question No. 226, Initiative Petition No. 155, § 8,

adopted July 7, 1936. Amended by Laws 1939, p. 90, § 8, emerg. eff.

May 9, 1939; Laws 1985, c. 11, § 1, eff. Nov. 1, 1985; Laws 1993, c.

7, § 1, eff. July 1, 1993; Laws 1994, c. 233, § 1, eff. Sept. 1,

1994; Laws 1995, c. 170, § 1, emerg. eff. May 8, 1995; Laws 2001, c.

415, § 17, emerg. eff. June 5, 2001; Laws 2012, c. 253, § 3, eff.

Nov. 1, 2012.
Okla. Stat. tit. 56, § 56-200b — OK Code / Title 56 / Section 56-200b
Renumbered as § 5051.3 of Title 63 by Laws 1996, c. 221,
Status: in_force

§ 6, eff. Nov. 1, 1996.
Okla. Stat. tit. 56, § 56-228 — OK Code / Title 56 / Section 56-228
Guardianship voucher program
Status: in_force

A. In addition to any other form of assistance provided for

under subsection E of Section 1415 of Title 10 of the Oklahoma

Statutes, the Department of Human Services is authorized to pay a

voucher to a relative or certified volunteer for the sole purpose of

acquiring legal representation to initiate guardianship proceedings

on behalf of any person who receives Title XIX Home and Community-

Based Waiver-funded services from the Developmental Disabilities

Services Division, or who is a resident of an institution specified

in Section 1406 of Title 10 of the Oklahoma Statutes.

B. Administration of the guardianship voucher program,

including, but not limited to, establishing financial eligibility

criteria and volunteer training and certification requirements,

shall be established by rules promulgated by the Commission for

Human Services.
Okla. Stat. tit. 56, § 56-4002.4 — OK Code / Title 56 / Section 56-4002.4
Network adequacy standards for contracted entities
Status: in_force

A. The Oklahoma Health Care Authority shall develop network

adequacy standards for all contracted entities that, at a minimum,

meet the requirements of 42 C.F.R., Sections 438.3 and 438.68.

Network adequacy standards established under this subsection shall

include distance and time standards and shall be designed to ensure

members covered by the contracted entities who reside in health

professional shortage areas (HPSAs) designated under Section

332(a)(1) of the Public Health Service Act (42 U.S.C., Section

254e(a)(1)) have access to in-person health care and telehealth

services with providers, especially adult and pediatric primary care

practitioners.

B. The Authority shall require all contracted entities to offer

or extend contracts with all essential community providers, all

providers who receive directed payments in accordance with 42

C.F.R., Part 438 and such other providers as the Authority may

specify. The Authority shall establish such requirements as may be

necessary to prohibit contracted entities from excluding essential

community providers, providers who receive directed payments in

accordance with 42 C.F.R., Part 438 and such other providers as the

Authority may specify from contracts with contracted entities.

C. To ensure models of care are developed to meet the needs of

Medicaid members, each contracted entity must contract with at least

one local Oklahoma provider organization for a model of care

containing care coordination, care management, utilization

management, disease management, network management, or another model

of care as approved by the Authority. Such contractual arrangements

must be in place within twelve (12) months of the effective date of

the contracts awarded pursuant to the requests for proposals

authorized by Section 4002.3a of this title.

D. All contracted entities shall formally credential and

recredential network providers at a frequency required by a single,

consolidated provider enrollment and credentialing process

established by the Authority in accordance with 42 C.F.R., Section

438.214. A contracted entity shall complete credentialing or

recredentialing of a provider within sixty (60) calendar days of

receipt of a completed application.

Oklahoma Statutes - Title 56. Poor Persons Page 306

E. All contracted entities shall be accredited in accordance

with 45 C.F.R., Section 156.275 by an accrediting entity recognized

by the United States Department of Health and Human Services.

F. 1. If the Authority awards a capitated contract to a

provider-led entity or provider-owned entity for the urban region

under Section 4002.3b of this title, the provider-led entity or

provider-owned entity shall expand its coverage area to every county

of this state within the time frame set by the Authority under

subsection E of Section 4002.3b of this title.

2. The expansion of the provider-led entity’s or provider-owned

entity’s coverage area beyond the urban region shall be subject to

the approval of the Authority. The Authority shall approve

expansion to counties for which the provider-led entity or provider-

owned entity can demonstrate evidence of network adequacy as

required under 42 C.F.R., Sections 438.3 and 438.68. When approved,

the additional county or counties shall be added to the provider-led

entity’s or provider-owned entity’s region during the next open

enrollment period.
Okla. Stat. tit. 56, § 56-3500 — OK Code / Title 56 / Section 56-3500
Feasibility study for public assistance eligibility and
Status: in_force

enrollment system — Report.

A. The Department of Human Services shall conduct a feasibility

study on the potential establishment of a unified and streamlined

eligibility and enrollment system for public assistance programs

administered by the state that would promote efficiency,

accessibility, and coordination of services across programs

including, but not limited to:

1. The Supplemental Nutrition Assistance Program (SNAP);

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

3. Child care subsidies;

4. The Low Income Home Energy Assistance Program (LIHEAP);

5. The state Medicaid program; and

6. The Women, Infants, and Children (WIC) program.

B. As part of the feasibility study, the Department shall issue

a request for information on a unified and streamlined eligibility

and enrollment system to gather information about potential vendors

and their capabilities and to ascertain an estimate of the initial

and ongoing costs of the system.

C. The Department of Human Services, the Oklahoma Health Care

Authority, and the State Department of Health shall coordinate to

conduct the feasibility study.

D. At the conclusion of the feasibility study, the Department

of Human Services shall electronically submit a report to the

Oklahoma Statutes - Title 56. Poor Persons Page 287

President Pro Tempore of the Oklahoma State Senate, the Speaker of

the Oklahoma House of Representatives, and the Governor that

summarizes the findings of the feasibility study including, but not

limited to, information obtained through the request for information

required under subsection B of this section and cost estimates of

the unified and streamlined eligibility and enrollment system.
Okla. Stat. tit. 56, § 56-3002.4 — OK Code / Title 56 / Section 56-3002.4
Support for awareness of information, services and
Status: in_force

training.

The Department of Human Services shall work with caregiver

community groups across the state in a cost-neutral manner using

existing resources to support awareness of:

1. Information to caregivers regarding available services;

2. Assistance to caregivers in gaining access to available

services;

3. Individual counseling, support groups and caregiver

training; and

4. Respite care to enable caregivers to be temporarily relieved

from their caregiving responsibilities.
Okla. Stat. tit. 56, § 56-233 — OK Code / Title 56 / Section 56-233
Referral of willfully delinquent parents to district
Status: in_force

attorney for prosecution.

A. If any parent of a child is determined by the Department of

Human Services to be willfully violating the provisions of Section

852 of Title 21 of the Oklahoma Statutes, the Department may refer

the case to the proper district attorney for prosecution.

B. The Department shall provide assistance to the district

attorneys in such prosecutions.
Okla. Stat. tit. 56, § 56-26.5 — OK Code / Title 56 / Section 56-26.5
Definitions
Status: in_force

A. The word "unemployable", as used in this act, is hereby

defined as meaning those persons who are unable to:

1. Secure employment due to physical or mental disability,

infirmity, temporary illness, or other disability which prevents

such person from securing employment; or

2. Secure employment due to Federal Relief Administration rules

regarding age requirements or work relief programs; or

3. Secure employment due to ineligibility for workmen's

compensation insurance; and

4. Leave their homes to procure employment because of illness

of persons who are in their care and who require constant

supervision and attention.

B. "Indigent" means a person who does not have sufficient

property or means to support members of his or her family who are

lawfully dependent upon him or her for support, and who has no one

legally liable to support and maintain him or her.
Okla. Stat. tit. 56, § 56-200 — OK Code / Title 56 / Section 56-200
Renumbered as § 5051.1 of Title 63 by Laws 1996, c. 221, §
Status: in_force

6, eff. Nov. 1, 1996.
Okla. Stat. tit. 56, § 56-1015.1 — OK Code / Title 56 / Section 56-1015.1
Short title
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 245

This act shall be known and may be cited as the “Consumer

Protection for Wheeled Mobility Act”.
Okla. Stat. tit. 56, § 56-312 — OK Code / Title 56 / Section 56-312
Renumbered as § 1416 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-309 — OK Code / Title 56 / Section 56-309
Renumbered as § 1413 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-166.2 — OK Code / Title 56 / Section 56-166.2
Concurrent applications by active duty military members
Status: in_force

If a person who is on active duty with the United States Armed

Forces makes an application to the Department of Human Services to

receive any type of state or federal assistance, either for himself

or herself or for an immediate family member, and the person has

previously made the same or a substantially similar application in

another state which was pending at the time the person became a

resident of this state, the Department shall consider the

application as if it had been made in this state at the time it was

originally made in the other state.
Okla. Stat. tit. 56, § 56-186 — OK Code / Title 56 / Section 56-186
Violations of the provisions of this act a misdemeanor
Status: in_force

Any person who violates any provision of this act for which no

penalty is specifically provided shall be guilty of a misdemeanor.

Added by State Question No. 226, Initiative Petition No. 155, § 27,

adopted July 7, 1936.
Okla. Stat. tit. 56, § 56-4002.7 — OK Code / Title 56 / Section 56-4002.7
Requirements for processing and adjudicating claims
Status: in_force

A. The Oklahoma Health Care Authority shall establish

requirements for fair processing and adjudication of claims that

ensure prompt reimbursement of providers by contracted entities. A

contracted entity shall comply with all such requirements.

B. A contracted entity shall process a clean claim in the time

frame provided by Section 1219 of Title 36 of the Oklahoma Statutes

and no less than ninety percent (90%) of all clean claims shall be

paid within fourteen (14) days of submission to the contracted

entity. A clean claim that is not processed within the time frame

provided by Section 1219 of Title 36 of the Oklahoma Statutes shall

bear simple interest at the monthly rate of one and one-half percent

Oklahoma Statutes - Title 56. Poor Persons Page 312

(1.5%) payable to the provider. A claim filed by a provider within

six (6) months of the date the item or service was furnished to a

member shall be considered timely. If a claim meets the definition

of a clean claim, the contracted entity shall not request medical

records of the member prior to paying the claim. Once a claim has

been paid, the contracted entity may request medical records if

additional documentation is needed to review the claim for medical

necessity.

C. In the case of a denial of a claim including, but not

limited to, a denial on the basis of the level of emergency care

indicated on the claim, or in the case of a downcoded claim, the

contracted entity shall establish a process by which the provider

may identify and provide such additional information as may be

necessary to substantiate the claim. Any such claim denial or

downcode shall include the following:

1. A detailed explanation of the basis for the denial; and

2. A detailed description of the additional information

necessary to substantiate the claim.

D. Postpayment audits by a contracted entity shall be subject

to the following requirements:

1. Subject to paragraph 2 of this subsection, insofar as a

contracted entity conducts postpayment audits, the contracted entity

shall employ the postpayment audit process determined by the

Authority;

2. The Authority shall establish a limit on the percentage of

claims with respect to which postpayment audits may be conducted by

a contracted entity for health care items and services furnished by

a provider in a plan year; and

3. The Authority shall provide for the imposition of financial

penalties under such contract in the case of any contracted entity

with respect to which the Authority determines has a claims denial

error rate of greater than five percent (5%). The Authority shall

establish the amount of financial penalties and the time frame under

which such penalties shall be imposed on contracted entities under

this paragraph, in no case less than annually.

E. A contracted entity may only apply readmission penalties

pursuant to rules promulgated by the Oklahoma Health Care Authority

Board. The Board shall promulgate rules establishing a program to

reduce potentially preventable readmissions. The program shall use

a nationally recognized tool, establish a base measurement year and

a performance year, and provide for risk-adjustment based on the

population of the state Medicaid program covered by the contracted

entities.
Okla. Stat. tit. 56, § 56-305 — OK Code / Title 56 / Section 56-305
Renumbered as § 1411 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-240.19 — OK Code / Title 56 / Section 56-240.19
Implementation of order of suspension, revocation or
Status: in_force

probation.

A. Upon receipt of an administrative order issued by the OAH to

suspend or revoke the license of an obligor, the licensing board

shall implement the order by:

1. Determining if it has issued a license or has received an

application for issuance or renewal of a license to the person whose

name appears on the order;

2. Notifying the obligor of the suspension or revocation;

3. Demanding the license, if required;

4. Entering the suspension or revocation on the appropriate

records; and

5. Reporting the suspension, revocation, or probation, as

appropriate.

B. An order, issued by the OAH, directing the licensing board

to suspend or revoke a license shall be processed and implemented by

the licensing board without any additional review or hearing, and

shall continue until the OAH, the district court, or the appellate

court advises the licensing board by order that the suspension or

revocation is terminated.

C. The licensing board shall have no jurisdiction to modify,

remand, reverse, vacate, or stay the order of the Department for the

suspension or revocation of a license.

D. In the event of suspension or revocation of a license, any

funds paid by the obligor to the licensing board for costs related

to issuance, renewal, or maintenance of a license shall not be

refunded to the obligor.

E. The licensing board is exempt from liability to the obligor

for activities conducted in compliance with this section.

Oklahoma Statutes - Title 56. Poor Persons Page 163
Okla. Stat. tit. 56, § 56-122 — OK Code / Title 56 / Section 56-122
Resolution of county commissioners - Appraisement
Status: in_force

Before any such sale or conveyance shall be made, the board of

county commissioners, in regular or special session, shall adopt a

resolution declaring that said real estate is not needed for

indigent care facility purposes, or is unsuitable or inconvenient

for such purpose, or that other or more suitable or convenient real

property within the county is obtainable at a fair and reasonable

value. The resolution shall be published with other proceedings of

the board, and a copy of the resolution shall be certified by the

county clerk to the judge of the district court of such county. The

judge shall determine whether such sale is in the best interest of

the county. The judge shall order and direct the board to sell the

Oklahoma Statutes - Title 56. Poor Persons Page 34

real estate, as hereinafter provided, and he or she shall appoint

three disinterested freeholders of the county to appraise the real

estate. The appraisal is to be returned by the appraisers to the

board of county commissioners.
Okla. Stat. tit. 56, § 56-230.70 — OK Code / Title 56 / Section 56-230.70
One-stop Career/Employment Centers
Status: in_force

A. The Legislature hereby encourages the establishment of One-

stop Career/Employment Centers that link federal, state and local

resources and programs and that create collaborative and

interorganizational partnerships between state governmental agencies

Oklahoma Statutes - Title 56. Poor Persons Page 114

and private and nonprofit entities. Such agencies and private and

nonprofit entities shall include, but not be limited to:

1. The Department of Human Services;

2. The State Department of Education;

3. The Oklahoma Department of Career and Technology Education;

4. The Oklahoma Department of Commerce;

5. The Oklahoma Employment Security Commission;

6. The Oklahoma Health Care Authority;

7. The State Department of Health;

8. The State Department of Mental Health and Substance Abuse

Services;

9. The Oklahoma Department of Corrections;

10. The Office of Management and Enterprise Services;

11. The Oklahoma State Regents for Higher Education;

12. Community action agencies;

13. Local and municipal groups;

14. Substate planning groups; and

15. Religious and charitable organizations.

B. 1. The purpose of the collaborative and interorganizational

partnership shall be to assist persons receiving temporary

assistance, persons who are employed in low-wage jobs, underemployed

persons, and persons who are unemployed to obtain employment

preparation; to explore career, employment and job referral

opportunities; to improve skills through education and training; and

to obtain information on various services and programs in the state.

2. Employment preparation includes, but is not limited to:

a. education, training, or retraining for specified time

limits,

b. private and public work experience, and

c. development of certain career/job training and

retraining skills and apprenticeships.

C. The Oklahoma Employment Security Commission, in consultation

with entities desiring to form such partnerships, shall develop a

local implementation plan for use by all parties desiring to enter

into a plan for a one-stop career and employment center. The plan

shall be signed by all partnership entities and shall be submitted

to the Oklahoma Employment Security Commission for review and

recommendation.

D. The local implementation plan shall include, but not be

limited to, the names, addresses, and phone numbers of parties and

organizational entities; specific goals, objectives, and plans for

implementation of the initiative; the signature of all parties

agreeing to the initiative; and the beginning date of the initiative

as agreed upon by the parties.

E. Until such time as the collaborative and interorganizational

partnerships encouraged by this legislation are fully implemented,

the state agencies listed in subsection A of this section which

Oklahoma Statutes - Title 56. Poor Persons Page 115

provide services shall each maintain an Internet web site upon which

application forms for the services they provide may be accessed and

downloaded by individuals wishing to make application for the

services provided. Each agency shall also provide a link to the

other agencies required by this legislation to provide their

application forms on their websites.
Okla. Stat. tit. 56, § 56-1017.3 — OK Code / Title 56 / Section 56-1017.3
Eligibility
Status: in_force

To be eligible for the ADvantage Waiver Program, a person shall:

1. Qualify financially for Medicaid;

2. Be sixty-five (65) years of age or older or be a physically

disabled adult as determined by the Social Security Administration,

age twenty-one (21) years or older without an intellectual

disability or cognitive impairment;

3. Be determined to meet the nursing facility institutional

level of care by the Aging Services Division of the Department of

Human Services;

4. Reside in his or her own home or a family member's home; and

5. Have needs that can be safely met with waiver services and

family or community supports.
Okla. Stat. tit. 56, § 56-625.1 — OK Code / Title 56 / Section 56-625.1
Short title – Purpose - Definitions
Status: in_force

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

Living Services Act”.

B. The Legislature hereby finds and declares that individuals

with disabilities comprise a large percentage of Oklahoma’s total

population. Such individuals need assistance in living fuller and

more independent lives. Individuals with disabilities receive

assistance in independent living in the form of direct client

services provided by the Department of Rehabilitation Services and

in the form of independent living services as provided by centers

for independent living pursuant to the federal Rehabilitation Act of

1973, as amended. However, as currently funded, such services are

not sufficient to meet the independent living needs of individuals

with disabilities. As a result, it is necessary to provide state

funding to expand the services currently provided.

Oklahoma Statutes - Title 56. Poor Persons Page 204

C. For purposes of the Independent Living Services Act:

1. “Independent living center” has the same definition as such

term is defined by the federal Rehabilitation Act of 1973, as

amended, or its implementing federal regulations; and

2. “Independent living services” has the same definition as

such term is defined by the federal Rehabilitation Act of 1973, as

amended, or its implementing federal regulations.
Okla. Stat. tit. 56, § 56-204.1 — OK Code / Title 56 / Section 56-204.1
Expansion of vendor drug program
Status: in_force

The Department of Human Services is authorized and directed to

expand the vendor drug program in the categories of the Aged, Blind

and Disabled, and to include those medically needy individuals

suffering from catastrophic illnesses who meet requirements for

medical assistance, to be administered to the fullest extent

possible in conjunction with and subject to existing federal

programs so as to earn the maximum of federal financial

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

Levy of match accounts.

Upon matching a delinquent obligor with a financial account, the

Division shall automatically issue a levy for each match account

unless after reviewing each data match, it is found that a levy

would be inappropriate under the particular circumstances, and there

is full and timely compliance with a court-ordered payment plan.

1. Such levy shall be valid for sixty (60) days. Upon receipt

of any levy, the financial institution shall:

a. immediately freeze all accounts of the obligor, up to

the amount of the lien,

b. hold funds in the accounts for twenty-one (21) days

before remitting payment to the Division, and

c. notify the Division if an account has been closed.

2. Except as provided in Section 240.22E of this title, the

financial institution shall not disclose information to the

depositor or account holder. Within three (3) working days after

levy is sent to the financial institution, the Division shall send

the levy to the obligor, with a notice that the obligor has ten (10)

days to request an administrative review of the levy.

3. Twenty-one (21) days after receiving the levy, the financial

institution shall remit funds, up to the amount of the lien, to the

Division, unless the Division has notified the institution that the

levy has been released in part or in full. The financial

institution shall remit any additional deposit made to a levied

account, up to the amount of the levy, for a period of sixty (60)

days after receiving the levy.
Okla. Stat. tit. 56, § 56-27.5 — OK Code / Title 56 / Section 56-27.5
Approval of projects
Status: in_force

All community work and training programs, before an applicant or

recipient of public assistance shall be assigned, shall have met the

approval of the Department of Public Welfare; provided, that the

state, or federal government, county, city or municipal corporation

utilizing assistance applicants or recipients for work and labor

shall insure that such employment is covered by workmen's

compensation, or a similar plan approved by the Department of Public

Welfare, and all fees and charges for such coverage shall be paid by

such state, or federal government, county, city or municipal

corporation except that portion which is paid for medical aid and is

properly chargeable to such applicant or recipient of assistance.
Okla. Stat. tit. 56, § 56-3002.3 — OK Code / Title 56 / Section 56-3002.3
Expansion of service locations
Status: in_force

The Department of Human Services shall work with caregiver

community groups across the state in a cost-neutral manner using

existing resources to:

1. Support expansion of the number of locations in which

services to caregivers are provided;

2. Ensure that such geographic locations include low-, mid- and

high-economic-income areas in order to provide greater accessibility

to caregivers; and

3. Provide that the locations to be selected shall include

schools, city and county facilities in which no usage fee shall be

charged.
Okla. Stat. tit. 56, § 56-311 — OK Code / Title 56 / Section 56-311
Renumbered as § 1415 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.

Oklahoma Statutes - Title 56. Poor Persons Page 191
Okla. Stat. tit. 56, § 56-234 — OK Code / Title 56 / Section 56-234
Actions to secure compliance with court's support or
Status: in_force

maintenance orders.

A. If a party in a divorce action or other civil case has

disobeyed or failed to comply with an order of the court to make

payments for the support or maintenance of a child for whom the

Department of Human Services thereafter makes payments in its

program for Temporary Aid to Needy Families (TANF), the Department

may file and prosecute in such action or civil case an application

to have a party cited and punished for contempt of court, or any

other pleading to secure compliance with the court's order.

B. The Department of Human Services, in coordination with

district attorneys, is authorized to periodically offer an amnesty

program for those who owe past-due child support. The Department,

in coordination with district attorneys, may announce and publicize

a program that offers those who owe past-due child support an

Oklahoma Statutes - Title 56. Poor Persons Page 121

opportunity to pay off the past-due support by a certain date. If

payment in full is made, the Department, in coordination with

district attorneys, may forego the use of other enforcement remedies

for support past-due and accrued interest on that amount owed to the

state up to that date. For accrued interest owed to a parent, the

parent may, by affidavit, waive the past-due interest.
Okla. Stat. tit. 56, § 56-26.18 — OK Code / Title 56 / Section 56-26.18
Application for relief - Allowance of false claims -
Status: in_force

Penalty.

Every applicant for emergency relief or general assistance shall

make a written application, containing a written certification,

under penalty of perjury, alleging that all facts set out in such

application are true and correct. And said application shall be

forthwith acted upon, with dispatch and without delay.

Any person, whose duty it is to pass upon the eligibility of

persons to participate in any benefits provided in this act, who

shall knowingly, willfully or intentionally allow, or cause to be

allowed, any claim to any person known to be ineligible for such

relief, or, who aids, or abets, or persuades any person to sign an

application to obtain by means of a willfully false statement or

representation or other fraudulent device, assistance to which an

applicant is not entitled or assistance greater than that to which

an applicant is justly entitled shall be guilty of a Class D1 felony

offense, and upon conviction thereof shall be imprisoned as provided

for in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or be fined not less than One Hundred Dollars

($100.00) or more than One Thousand Dollars ($1,000.00), or be both

so fined and imprisoned in the discretion of the court.
Okla. Stat. tit. 56, § 56-230.12 — OK Code / Title 56 / Section 56-230.12
Renumbered as § 230.57 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-98 — OK Code / Title 56 / Section 56-98
Purchase of lands and buildings
Status: in_force

Out of the proceeds of the sale of bonds the board of county

commissioners shall purchase lands or grounds for indigent care

facility purposes, or erect buildings and make improvements thereon

as the case may be. The board of county commissioners shall have

the right to purchase the lands at private or public sale.
Okla. Stat. tit. 56, § 56-250 — OK Code / Title 56 / Section 56-250
Promulgation of rules and regulations
Status: in_force

A. The Oklahoma Health Care Authority shall promulgate all

rules and regulations necessary for the purposes of carrying out the

HOPE Act.

B. On May 1, 2019, and annually thereafter, the Oklahoma Health

Care Authority shall publish a written report detailing the impact

of Sections 1 through 3 of the HOPE Act, including the number of

cases reviewed, the number of cases closed, the number of fraud

investigation referrals and the amount of savings and cost avoidance

that have resulted from implementation.
Okla. Stat. tit. 56, § 56-66 — OK Code / Title 56 / Section 56-66
Reimbursements and payments to hospitals and clinics -
Status: in_force

Disbursement of state monies.

A. The Department of Human Services, from all monies deposited

into the Indigent Health Care Revolving Fund for the purpose of

implementing the provisions of the Oklahoma Indigent Health Care

Act, shall reimburse clinics which meet the requirements of Section

64 of this title and elect to participate in the Oklahoma Indigent

Health Care Act.

B. Disbursements of state monies from the Indigent Health Care

Revolving Fund to eligible clinics shall be as follows:

1. Following certification and approval by the Department of

Human Services of the accuracy of reports submitted pursuant to

Section 64 of this title the Department shall determine the amount

of state monies available to the clinics; and

2. The Department shall make payments from state monies

available to all participating clinics in the state pursuant to

provisions of the Oklahoma Indigent Health Care Act. Payment rates

shall be determined by the Department of Human Services following

consultation with provider groups. The Department of Human Services

Oklahoma Statutes - Title 56. Poor Persons Page 28

shall determine the amount due each clinic according to available

monies. The rate of clinic reimbursement shall not exceed the

individual clinic's reimbursement rate established by the Department

of Human Services for Medicaid patients.

C. The Department, from sources other than the Indigent Health

Care Revolving Fund, shall make payments from available state and

federal monies to all participating hospitals and clinics in the

state pursuant to provisions of the Oklahoma Indigent Health Care

Act. Payment rates shall be determined by the Department of Human

Services following consultation with provider groups. The

Department of Human Services shall determine the amount due each

hospital and clinic according to available monies. The per diem

payments to participating hospitals shall not exceed the individual

hospital's per diem rate established by the Department of Human

Services for Medicaid patients. The rate of clinic reimbursement

shall not exceed the individual clinic's reimbursement rate

established by the Department of Human Services for Medicaid

patients.
Okla. Stat. tit. 56, § 56-199 — OK Code / Title 56 / Section 56-199
Visual or optometric services - Free choice of
Status: in_force

practitioner and profession.

Whenever visual or optometric services within the lawful scope

of practice of a duly licensed optometrist are included in any

program financed with public funds or administered by any public

agency, for aid to the indigent, the aged, the legally blind, or any

other group or class, the recipient of such aid or his parent or

guardian shall be entitled to choose whether such services are to be

performed by a duly licensed optometrist or by a duly licensed

physician who shall be equally compensated. Visual or optometric

services as used herein shall include eye and/or visual examination

or a correction of any vision or muscular anomaly and the supplying

of ophthalmic materials, including contact lenses and subnormal

vision aids. And in the expenditure of public funds for any purpose

involving the care of human vision, or in the administration of any

public program, the public agency and its employees including school

districts and other state, county and municipal agencies or any

subdivision of the State of Oklahoma and its employees and agents

responsible for such expenditures or services shall not, under any

circumstances, in informing a person requiring vision care, or for a

correction of any vision or muscular anomaly, either directly or

indirectly refer such person to any particular health discipline,

but shall merely advise such person the need exists for professional

services.
Okla. Stat. tit. 56, § 56-241.4 — OK Code / Title 56 / Section 56-241.4
Restrictions on debit and electronic benefit cards -
Status: in_force

Violations.

A. No debit or electronic benefit transfer cards that contain

state or federal funds from programs including, but not limited to,

Temporary Assistance for Needy Families (TANF) may be used in any

transaction in:

1. Any liquor store;

2. Any casino, gambling casino or gaming establishment;

3. Any retail establishment which provides adult-oriented

entertainment in which performers disrobe or perform in an unclothed

state for entertainment; or

4. Any retail establishment whose principal business is that of

selling cigarettes, cigar or tobacco products.

B. For the purposes of this act:

1. "Liquor store" means any retail establishment that sells

exclusively or primarily intoxicating liquor but does not include a

grocery store that sells both intoxicating liquor and groceries;

2. "Casino", "gambling casino" and "gaming establishment" do

not include:

a. a grocery store that sells groceries and that also

offers, or is located within the same building or

complex as an establishment that offers casino,

gambling or gaming activities, or

b. any other establishment that offers casino, gambling

or gaming activities incidental to the principal

purpose of the business; and

3. "Electronic benefit transfer transaction" means the use of a

credit or debit card service, automated teller machine, point-of-

sale terminal or access to an online system for the withdrawal of

funds or the processing of a payment for merchandise or service.

Oklahoma Statutes - Title 56. Poor Persons Page 173

C. An individual who violates the provisions of this section

shall be subject to a reduction in Temporary Assistance for Needy

Families (TANF) benefits as follows:

1. For the first violation, twenty-five percent (25%) of the

individual's TANF payment standard for a period of three (3) months;

2. A second violation following the three (3) month reduction

in benefits shall result in a thirty-five percent (35%) reduction in

TANF benefits for six (6) subsequent months;

3. A third violation following the six (6) month reduction in

benefits shall result in a fifty percent (50%) reduction in TANF

benefits for twelve (12) subsequent months; and

4. Subsequent violations shall result in the individual being

deemed permanently ineligible for TANF benefits. Individuals with

children receiving TANF benefits shall only be eligible to receive

benefit payments for dependent children as provided by state and

federal law.

D. By August 1, 2013, the Oklahoma Department of Human Services

shall report on the status of an implementation plan pursuant to the

provisions of this section. The President Pro Tempore of the Senate

and the Speaker of the House of Representatives shall be provided

with updates on the status of implementation on a quarterly basis

until provisions of this section are fully implemented by the

Department.
Okla. Stat. tit. 56, § 56-240.21A — OK Code / Title 56 / Section 56-240.21A
Applications for professional or occupational licenses
Status: in_force

to contain applicant's name, address, and social security number.

All applications for professional or occupational licenses in

this state shall contain the applicant's name, address, and social

security number.
Okla. Stat. tit. 56, § 56-3002.2 — OK Code / Title 56 / Section 56-3002.2
Short title - Oklahoma Caregiver Support Act
Status: in_force

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

Caregiver Support Act".

Oklahoma Statutes - Title 56. Poor Persons Page 277
Okla. Stat. tit. 56, § 56-240.16 — OK Code / Title 56 / Section 56-240.16
Court-ordered payment plan - Probationary continuation
Status: in_force

of license.

When the obligor enters into a court-ordered payment plan to

repay any past due support pursuant to Section 240.15 of this title

and provides proof to the court that the obligor is complying with

all other provisions of the order for support, the OAH may place the

Oklahoma Statutes - Title 56. Poor Persons Page 161

obligor on probation. Probation will allow the obligor to practice

or continue to practice his or her profession, occupation or

business or to operate a motor vehicle. Probation shall be

conditioned upon full compliance with the order. If the OAH grants

probation, the period shall not exceed three (3) years, and the

terms of probation shall provide for automatic suspension of the

license if the obligor does not fully comply with the order.
Okla. Stat. tit. 56, § 56-63 — OK Code / Title 56 / Section 56-63
Department of Human Services - Responsibilities and duties
Status: in_force

A. The Department of Human Services shall have the following

responsibilities:

1. Establish and review the eligibility standards and criteria

for:

a. participation by hospitals and clinics pursuant to the

Indigent Health Care Act, and

b. reimbursement to clinics for services through the

Indigent Health Care Fund;

2. Establish and review the screening criteria and procedures

for persons receiving services through participating hospitals and

clinics in order to determine which persons are eligible for

reimbursement pursuant to existing state and federal medical

programs and which persons are eligible for reimbursement pursuant

to the Oklahoma Indigent Health Care Act;

3. Review the documentation provided by participating hospitals

and clinics;

4. Determine the types of services offered by participating

hospitals and clinics that shall be eligible for reimbursement or

the allocation of funds pursuant to state or federal medical

programs and the Oklahoma Indigent Health Care Act and that such

services have been approved by the proper regulatory agencies; and

5. Disburse state monies to hospitals and clinics meeting

requirements of the Oklahoma Indigent Health Care Act as provided by

Section 66 of this title.

Oklahoma Statutes - Title 56. Poor Persons Page 26

B. The Commission for Human Services shall promulgate rules and

regulations, as necessary and appropriate, to implement the

provisions of the Indigent Health Care Act.
Okla. Stat. tit. 56, § 56-1011.15 — OK Code / Title 56 / Section 56-1011.15
SoonerCare eligibility modifications
Status: in_force

A. The Oklahoma Health Care Authority (OHCA) shall seek

Medicaid waiver authority to pursue modifications to Medicaid

eligibility criteria so that receipt of SoonerCare coverage for

certain Medicaid populations is conditional upon documentation of

certain education, skills, training, work or job activities. Insure

Oklahoma eligibility criteria is excluded from this requirement.

This requirement is contingent upon approval from the federal

Centers for Medicare and Medicaid Services and available state

funding.

B. The SoonerCare eligibility modifications provided in

subsection A of this section shall include criteria for work or job

activities as required for the Supplemental Nutrition Assistance

Program (SNAP) in 7 U.S.C., Section 2015(o). In order for an

enrollee to remain eligible for SoonerCare, he or she shall comply

with the work requirements for SNAP in 7 U.S.C., Section 2015(o).

The SoonerCare eligibility criteria work requirements shall be the

same as the eligibility criteria work requirements for SNAP in 7

U.S.C., Section 2015(o).

C. Exemptions to the eligibility criteria in this section shall

be the same as the exemption criteria for SNAP in 7 U.S.C., Section

2015(o)(3)(A), (B), (D) and (E) or Medicaid populations excluded

pursuant to federal Medicaid laws and guidelines. Populations

Oklahoma Statutes - Title 56. Poor Persons Page 241

excluded from the requirements shall include those which are

excluded by SNAP in 7 U.S.C., Section 2015(o)(3)(A), (B), (D) and

(E) or federal Medicaid laws and guidelines. The state may adopt

additional exemptions subject to agency rule-making and federal

approval.
Okla. Stat. tit. 56, § 56-240 — OK Code / Title 56 / Section 56-240
Renumbered as § 237.7 of this title by Laws 1994, c. 365,
Status: in_force

§ 14, eff. Sept. 1, 1994.
Okla. Stat. tit. 56, § 56-223 — OK Code / Title 56 / Section 56-223
Human Services Medical and Assistance Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Commission for Human Services, to be designated the "Human

Services Medical and Assistance Fund". The fund shall be a

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

consist of receipts from the federal government, monies appropriated

to the Department of Human Services by the State Legislature, and

other receipts of the Department of Human Services as shall be

directed by the Commission for Human Services. All monies accruing

to the credit of said fund are hereby appropriated and may be

budgeted and expended by the Commission of Human Services as may be

necessary in order to carry out the duties imposed upon the said

Commission pursuant to subsection D of Section 41.21 of Title 62 of

the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-26.14 — OK Code / Title 56 / Section 56-26.14
Transfer of properties, records and funds to Department
Status: in_force

of Public Welfare.

(A) All properties, records, equipment and supplies now owned

and in use by the Oklahoma Emergency Relief Board shall be

transferred to and become the property of the State Department of

Public Welfare.

(B) All contracts, leases, and such other agreements as may have

been entered into by the Oklahoma Emergency Relief Board, and such

responsibilities as are in effect on the effective date of this act,

shall be assumed by and become binding upon the State Department of

Public Welfare and the Oklahoma Public Welfare Commission.

(C) All unexpended funds to the credit of the Oklahoma Emergency

Relief Board shall be transferred by the State Treasurer to the

State Department of Public Welfare and placed in a separate account

with said State Treasurer. The account to be known as "Oklahoma

Emergency and General Assistance Account."
Okla. Stat. tit. 56, § 56-251 — OK Code / Title 56 / Section 56-251
Short title
Status: in_force

This act shall be known and may be cited as the "Family Savings

Initiative Act".
Okla. Stat. tit. 56, § 56-163.2 — OK Code / Title 56 / Section 56-163.2
Josephine Meade Anti-Hunger Act
Status: in_force

This section and Sections 2 and 3 of this act shall be known and

may be cited as the "Josephine Meade Anti-Hunger Act".
Okla. Stat. tit. 56, § 56-504.1 — OK Code / Title 56 / Section 56-504.1
Renumbered as § 5030.1 of Title 63 by Laws 1996, c. 221,
Status: in_force

§ 7, eff. Nov. 1, 1996.
Okla. Stat. tit. 56, § 56-411 — OK Code / Title 56 / Section 56-411
Deceased child or retarded person - Funeral arrangements
Status: in_force

and expenses.

Oklahoma Statutes - Title 56. Poor Persons Page 197

A. Except as otherwise provided by subsection B of this

section, the Department of Human Services is authorized to make the

necessary funeral arrangements and pay any reasonable burial

expenses incurred upon the death of a child or an individual with

intellectual disability who is either in the custody of the

Department or is a resident of an institution under the jurisdiction

of the Department. When possible, the Department shall make such

arrangements with any funeral home located in the same vicinity as

the institution or in the same vicinity of the place of residence or

home town of the child or the individual with intellectual

disability.

B. The Department of Human Services is not authorized to make

such funeral arrangements or make such burial payments if the

deceased child or deceased individual with intellectual disability

has any relatives or next of kin who is financially able to make the

funeral arrangements and make the burial payments.
Okla. Stat. tit. 56, § 56-240.7 — OK Code / Title 56 / Section 56-240.7
Release of child support arrearage information to
Status: in_force

consumer reporting agencies.

A. Unless otherwise prohibited or restricted by federal law or

regulation, the Commission for Human Services, by rule, shall adopt

a reasonable fee that shall be paid by consumer reporting agencies

for requests pursuant to this section. The fee shall not exceed the

estimated average actual cost experienced by the Department in

performing the duties imposed upon it by this section.

B. The Department of Human Services shall establish procedures

for the periodic release to consumer reporting agencies of the names

and amounts of child support arrearages of obligors who owe past-due

support. This information shall be released if the person obligated

to pay child support pursuant to a support order is in arrears for

child support.

C. For purposes of this section, the term "consumer reporting

agency" means any person who, for a fee, dues, or on a cooperative

nonprofit basis, regularly engages in the practice of assembling or

evaluating consumer credit information or other information on

consumers for the purpose of furnishing consumer reports to third

parties, and who uses any means or facility of interstate commerce

for the purpose of preparing or furnishing consumer reports.

D. Information shall not be made available to:

1. Any consumer reporting agency which the Department or other

appropriate agency determines does not have sufficient capability to

systematically and timely make accurate use of the information; or

2. Any entity which has not provided satisfactory proof to the

Department that the entity is a consumer reporting agency.

E. Any person obligated for child support shall be notified

prior to the release of the information to a consumer reporting

agency and shall be given a reasonable opportunity to be heard

regarding the accuracy of the information to be released.
Okla. Stat. tit. 56, § 56-258 — OK Code / Title 56 / Section 56-258
Withdrawals under false pretenses or for other than
Status: in_force

approved purposes - Penalties.

A. If the fiduciary organization receives evidence that monies

withdrawn from IDAs are withdrawn under false pretenses or are used

for purposes other than for the approved purposes indicated at the

time of the withdrawal, the fiduciary organization shall make

arrangements with the financial institution to impose a penalty of

ten percent (10%) of the amount of the monies withdrawn or loss of

matches and may, at its discretion, close the account. If the

fiduciary organization is unable to impose the penalty specified

herein, it shall notify the Oklahoma Tax Commission and the amount

Oklahoma Statutes - Title 56. Poor Persons Page 189

of such penalty shall be added to the income tax liability of the

IDA account holder. All penalties collected by fiduciary

organizations or the Tax Commission shall be deposited to the

Individual Development Account Revolving Fund created pursuant to

the provisions of Section 10 of this act.

B. The amount of any withdrawal for purposes other than those

set forth in Section 7 of this act, or any withdrawal for purposes

other than for the approved purposes indicated at the time of the

withdrawal, shall be taxed as income during the year in which the

withdrawal is made. The fiduciary organization shall notify the Tax

Commission of any such withdrawals made.

C. The fiduciary organization shall establish a grievance

committee and a procedure to hear, review, and decide in writing any

grievance made by an IDA account holder who disputes a decision of

the operating organization that a withdrawal is subject to penalty.

D. Each fiduciary organization shall establish such regulations

as are necessary, including prohibiting eligibility for further

matching funds, to ensure compliance with this section.
Okla. Stat. tit. 56, § 237.9 — OK Code / Title 56 / Section 237.9
Administrative law judge authorized to conduct hearings by electronic means
Status: in_force

Upon agreement or a showing of hardship by one of the parties, or upon the court's own motion, the administrative law judge may conduct administrative hearings telephonically or by other electronic means.
Okla. Stat. tit. 56, § 56-1009.2 — OK Code / Title 56 / Section 56-1009.2
Medical coverage for children 18 and under -
Status: in_force

Eligibility - Privately sponsored insurance - Partial coverage -

Cost-sharing - Rules - Waivers - Funding.

A. On or before January 1, 2011, the Oklahoma Health Care

Authority shall establish and maintain a program with a voucher

and/or other subsidy to provide medical coverage assistance to

children, eighteen (18) years of age or younger, whose family

incomes are between one hundred eighty-five percent (185%) and three

hundred percent (300%) of the federal poverty level.

B. To be eligible for the program, the child must:

1. Be a lawful resident of the State of Oklahoma;

2. Be ineligible for medical assistance under the state

Medicaid program; and

3. Have been without health insurance coverage for a period set

forth by the Authority, but not less than six (6) months during the

first month of operation of the program, except in the following

situations:

a. loss of employment by a parent which made available

affordable dependent health insurance coverage, until

Oklahoma Statutes - Title 56. Poor Persons Page 220

such time as affordable employer-sponsored dependent

health insurance coverage is again available for the

child as set forth by the Authority,

b. affordable private or employer-sponsored health

insurance is unavailable to the responsible relative

of a newborn, or

c. loss of medical benefits under the state Medicaid

program within one year of applying for coverage under

the All Kids Act.

C. The Authority shall provide assistance to families in

gaining health care benefits for children in the program by offering

a voucher and/or other subsidy toward the cost of privately

sponsored health insurance, including, but not limited to, employer-

sponsored health insurance provided through the state’s premium

assistance program.

D. If privately sponsored health insurance is not available,

the Authority may allow applicants to purchase access to the state-

administered health care benefit under the premium assistance

program.

E. The Authority is authorized to offer partial coverage to

children who are enrolled in a high-deductible private health

insurance plan or to offer a limited package of benefits to children

in families who have private or employer-sponsored health insurance

coverage which does not cover certain benefits, including, but not

limited to, dental or vision benefits.

F. The families of children who are enrolled in this program

shall be subject to the following cost-sharing requirements:

1. Cost-sharing provisions stated in privately sponsored health

insurance plans for children enrolled in such plans; and

2. Cost-sharing methods and levels to be set forth by the

Authority for individuals participating in the state-administered

premium assistance program. Such cost-sharing shall be on a sliding

scale based on family income and may be periodically modified by the

Authority.

Notwithstanding paragraphs 1 and 2 of this subsection, there

shall be no co-payment required for well-baby or well-child health

care for children enrolled in the program, including, but not

limited to, age-appropriate immunizations as required under state or

federal law.

G. The Authority shall promulgate rules to determine

eligibility and enrollment of children in the program.

H. The Authority shall submit to the federal Centers for

Medicare and Medicaid Services an application for any waivers or any

state plan amendments required to amend the state Medicaid plan to

enact the provisions of the All Kids Act. Subject to federal

approval, the program shall utilize a voucher and/or related subsidy

system for participating families.

Oklahoma Statutes - Title 56. Poor Persons Page 221

I. Funding for this act shall be provided from the unused funds

from the Oklahoma Employer/Employee Partnership for Insurance

Coverage pursuant to Section 1010.1 of Title 56 of the Oklahoma

Statutes, not to exceed Eight Million Dollars ($8,000,000.00).
Okla. Stat. tit. 56, § 56-240.5 — OK Code / Title 56 / Section 56-240.5
Child support services - Fee
Status: in_force

A. Those persons not receiving aid to families with dependent

children shall be given equal access to the services provided by the

Department of Human Services through its statewide plan for child

support authorized by the Federal Social Security Act, 42 U.S.C.,

Section 301 et seq.

B. The Department is authorized to study, develop and propose to

the Legislature a fee schedule for child support enforcement

services provided through the Child Support Enforcement Division of

the Department.
Okla. Stat. tit. 56, § 56-300 — OK Code / Title 56 / Section 56-300
Oklahoma Medical Center - Institutions included
Status: in_force

The Oklahoma Medical Center shall include the University

Hospital, the Oklahoma Children's Hospital, the O'Donaghue

Rehabilitation Institution, the Child Study Center and any other

institutions operated by a private entity under a joint operating

Oklahoma Statutes - Title 56. Poor Persons Page 190

agreement in which any of the state institutions listed in this

section are leased to a private entity pursuant to the University

Hospitals Authority Act. The University Hospitals Authority may, at

its discretion, designate other names under which the Oklahoma

Medical Center may operate.
Okla. Stat. tit. 56, § 56-111 — OK Code / Title 56 / Section 56-111
Erection of buildings - Care of patients
Status: in_force

The board of county commissioners of the counties throughout the

state shall have power to erect buildings upon land occupied by

county indigent care facilities for the isolation and treatment of

all indigent persons who are afflicted with an illness or disease

which makes it necessary that these measures be taken, and that the

patients may, if the building is erected, be cared for out of the

indigent care budget of the county of which the patients are

residents.
Okla. Stat. tit. 56, § 56-1005.4 — OK Code / Title 56 / Section 56-1005.4
Violations – Penalties – Investigation
Status: in_force

A. No provider shall be eligible for reimbursement through

Medicaid or any other federal or state program or any other funding

from any political subdivision of this state including but not

limited to cities, towns, municipalities or counties, directly or by

subcontract with any other party, if that provider, or any affiliate

of that provider, has been found by a court of law, either civilly

or criminally, to have violated 42 U.S.C., Section 289g-2 (2010) or

any other federal or state law prohibiting trafficking in fetal body

parts.

B. Any provider found to be ineligible for reimbursement or

other funding pursuant to this section shall be able to reapply

after a period of five (5) years and a showing that they and their

affiliates no longer participate in the trafficking of fetal body

parts.

C. Within sixty (60) calendar days of receipt of a complaint of

a violation under this section, the Oklahoma Health Care Authority

shall publish the findings of its investigation of the complaint and

issue a determination of whether a provider has committed a

violation of the provisions of this section. Nothing in the

Defunding Fetal-Body-Parts Trafficking Act shall preclude other law

Oklahoma Statutes - Title 56. Poor Persons Page 216

enforcement entities or a party in qui tam litigation from

initiating action regarding this section.
Okla. Stat. tit. 56, § 56-163.3 — OK Code / Title 56 / Section 56-163.3
Leftover food – Prevention of waste
Status: in_force

The Department of Human Services shall promulgate rules

authorizing the patrons of senior nutrition project sites to take

home leftover food. The Department may also seek ways to receive

for distribution to patrons donated packaged or nonperishable food

as well as natural fresh foods such as fruits and vegetables with no

requirements for sites to provide overnight storage.

The State Department of Education shall promulgate rules to

prevent food waste in public school cafeterias and shall develop

policies for redistributing leftover foods to students in need. The

Department may seek ways to receive for distribution to needy

students packaged or nonperishable food as well as natural fresh

foods such as fruits and vegetables with no requirements for school

cafeterias to provide overnight storage.
Okla. Stat. tit. 56, § 56-54 — OK Code / Title 56 / Section 56-54
Sickness or death of poor stranger
Status: in_force

A. It shall be the duty of the overseers of the poor, on

complaint made to them that any person not an inhabitant of their

county is lying sick therein or in distress, without friends or

money, so that he will likely suffer, to examine into the case of

such person and grant such temporary relief as the nature of the

same may require; and if any person shall die within any county, who

shall not have money or means necessary to defray his funeral

expenses, it shall be the duty of the overseers of the poor of such

county to employ some person to provide for and superintend the

burial of such deceased person. Public cemeteries shall provide a

burial plot at no cost at the request of the overseers of the poor

or the person employed by the overseers of the poor to provide for

and superintend the burial. Public cemeteries shall also provide

the service of opening and closing the grave for the purpose of

interring the remains of the poor or indigent person. The overseers

of the poor of each county shall establish the necessary and

reasonable expenses of the opening and closing services which shall

be paid by the county treasurer upon the order of such overseers.

B. As used in this section, "public cemeteries" means

cemeteries located in any county with a population of three hundred

Oklahoma Statutes - Title 56. Poor Persons Page 23

thousand (300,000) or more, according to the latest Federal

Decennial Census, which sell burial plots to the general public and

which are exempt from taxation under the laws of this state.

"Public cemeteries" shall not include any municipal, fraternal,

religious, rural, community, township, state, county or nonprofit

cooperative cemeteries, or free community burial grounds.

R.L. 1910, § 4548. Amended by Laws 1993, c. 2, § 1, eff. Sept. 1,

1993.
Okla. Stat. tit. 56, § 56-530.8 — OK Code / Title 56 / Section 56-530.8
Appeals - Injunctions - Violations
Status: in_force

A. Any certificate holder aggrieved by the decision of the

Department of Human Services pursuant to the provisions of the

Oklahoma Adult Companion Home Certification Act, within ten (10)

days after the revocation or refusal to issue or renew the

certification, may take an appeal de novo to the district court of

the county in which the home is maintained and operated by filing

with the clerk of the court a verified petition. Notice of such

appeal shall be served on the Director of the Department within five

(5) days of the date of its filing.

B. The Department, within ten (10) days of the service of such

notice, shall file with the clerk of said court a transcript of the

proceedings had before it. The district court shall thereupon be

vested with jurisdiction to hear and determine the questions of law

and fact involved, as in an appeal de novo. If the Department

prevails, the judgment of the district court shall be that the

decision of the Department be affirmed. If the owner or operator of

a home prevails, the judgment of the court shall be that the

revocation be set aside or the certification issued or renewed, as

Oklahoma Statutes - Title 56. Poor Persons Page 201

the case may be. Pending the hearing of the appeal, the action of

the Department revoking or refusing renewal of the certification or

the granting thereof shall be stayed.

C. Any person or owner or operator of a home may be enjoined

from maintaining and operating such home for violations of any

provisions of the Oklahoma Adult Companion Home Certification Act by

suit brought in the name of the state by the Attorney General of the

State of Oklahoma or by a district attorney.

D. Any person or agent, representative, or officer of any home

who violates any of the provisions of the Oklahoma Adult Companion

Home Certification Act, upon conviction, shall be deemed guilty of a

misdemeanor. Whenever any agent, representative, or officer of any

home is convicted under authority of the Oklahoma Adult Companion

Home Certification Act, such conviction shall be sufficient grounds

for the revocation of the certificate to operate a home.
Okla. Stat. tit. 56, § 56-231 — OK Code / Title 56 / Section 56-231
Applicant for assistance to request filing of criminal
Status: in_force

charges.

Any person who shall make application for aid for dependent

children with the Department of Public Welfare, or any of its county

offices or other subagencies, must, in order to be eligible for

further assistance payments, where the person or persons legally

responsible for such support is willfully and without lawful excuse

failing to furnish necessary food, clothing, shelter or medical

attendance for such child or children, within three (3) months from

the day of application request the district attorney of the county

where such applicant resides to file criminal charges against the

person or persons legally responsible for the support of such child

or children, and cooperate fully in prosecuting such charges to

completion when filed by the district attorney.
Okla. Stat. tit. 56, § 56-240.20 — OK Code / Title 56 / Section 56-240.20
Fees to cover administrative costs
Status: in_force

A licensing board may charge the obligor a fee to cover the

administrative costs incurred by the licensing board pursuant to

Sections 5 through 10 of this act. Fees collected pursuant to this

section by a licensing board which has an agency revolving fund

shall be deposited in the agency revolving fund for the use by the

licensing board to pay the costs of administering Sections 5 through

10 of this act. Otherwise, such administrative costs shall be

deposited in the General Revenue Fund of the state.
Okla. Stat. tit. 56, § 56-71 — OK Code / Title 56 / Section 56-71
Verification of lawful presence of applicants for public benefits – Exceptions – Affidavit -
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 2benefits – Exceptions – Affidavit - Fraudulent representations -

Annual report.

A. Except as provided in subsection C of this section or where

exempted by federal law, every agency or a political subdivision of

this state shall verify the lawful presence in the United States of

any natural person fourteen (14) years of age or older who has

applied for state or local public benefits, as defined in 8 U.S.C.,

Section 1621, or for federal public benefits, as defined in 8

U.S.C., Section 1611, that is administered by an agency or a

political subdivision of this state.

B. The provisions of this section shall be enforced without

regard to race, religion, gender, ethnicity, or national origin.

C. Verification of lawful presence under the provisions of this

section shall not be required:

1. For any purpose for which lawful presence in the United

States is not restricted by law, ordinance, or regulation;

2. For assistance for health care items and services that are

necessary for the treatment of an emergency medical condition, as

defined in 42 U.S.C., Section 1396b(v)(3), of the alien involved and

are not related to an organ transplant procedure;

Oklahoma Statutes - Title 56. Poor Persons Page 29

3. For short-term, noncash, in-kind emergency disaster relief;

4. For public health assistance for immunizations with respect

to diseases and for testing and treatment of symptoms of

communicable diseases whether or not such symptoms are caused by a

communicable disease;

5. For application of special volunteer health care licenses

that specify the eligible volunteer shall be either retired from

practice in this state or actively licensed with a clean record in

another state and that such eligible volunteer shall not receive or

have the expectation to receive any payment or compensation, either

direct or indirect, for any services rendered in this state under

the special volunteer license; or

6. For programs, services, or assistance such as soup kitchens,

crisis counseling and intervention, and short-term shelter specified

by the United States Attorney General, in the sole and unreviewable

discretion of the United States Attorney General after consultation

with appropriate federal agencies and departments which:

a. deliver in-kind services at the community level,

including through public or private nonprofit

agencies,

b. do not condition the provision of assistance, the

amount of assistance provided, or the cost of

assistance provided on the income or resources of the

individual recipient, and

c. are necessary for the protection of life or safety.

D. Verification of lawful presence in the United States by the

agency or political subdivision required to make such verification

shall require that the applicant execute an affidavit under penalty

of perjury that:

1. He or she is a United States citizen; or

2. He or she is a qualified alien under the federal Immigration

and Nationality Act and is lawfully present in the United States.

The agency or political subdivision providing the state or local

public benefits shall provide notary public services at no cost to

the applicant.

E. For any applicant who has executed the affidavit described

in paragraph 2 of subsection D of this section, eligibility for

benefits shall be verified through the Systematic Alien Verification

for Entitlements (SAVE) Program operated by the United States

Department of Homeland Security or an equivalent program designated

by the United States Department of Homeland Security. Until such

eligibility verification is made, the affidavit may be presumed to

be proof of lawful presence for the purposes of this section.

F. Any person who knowingly and willfully makes a false,

fictitious, or fraudulent statement of representation in an

affidavit executed pursuant to subsection D of this section shall be

subject to criminal penalties applicable in this state for

Oklahoma Statutes - Title 56. Poor Persons Page 30

fraudulently obtaining public assistance program benefits. If the

affidavit constitutes a false claim of U.S. citizenship under 18

U.S.C., Section 911, a complaint shall be filed by the agency

requiring the affidavit with the United States Attorney General for

the applicable district based upon the venue in which the affidavit

was executed.

G. Agencies or political subdivisions of this state may adopt

variations to the requirements of the provisions of this section

which demonstrably improve the efficiency or reduce delay in the

verification process, or to provide for adjudication of unique

individual circumstances where the verification procedures in this

section would impose unusual hardship on a legal resident of

Oklahoma.

H. It shall be unlawful for any agency or a political

subdivision of this state to provide any state, local, or federal

benefit, as defined in 8 U.S.C., Section 1621, or 8 U.S.C., Section

1611, in violation of the provisions of this section.

I. Each state agency or department which administers any

program of state or local public benefits shall provide an annual

report to the Governor, the President Pro Tempore of the Senate and

the Speaker of the House of Representatives with respect to its

compliance with the provisions of this section. Each agency or

department shall monitor the Systematic Alien Verification for

Entitlements Program for application verification errors and

significant delays and shall provide an annual public report on such

errors and significant delays and recommendations to ensure that the

application of the Systematic Alien Verification of Entitlements

Program is not erroneously denying benefits to legal residents of

Oklahoma. Errors shall also be reported to the United States

Department of Homeland Security by each agency or department.
Okla. Stat. tit. 56, § 56-1016 — OK Code / Title 56 / Section 56-1016
Study of coverage for prosthetic and orthotic devices for
Status: in_force

Medicaid-eligible individuals.

Oklahoma Statutes - Title 56. Poor Persons Page 246

A. The Oklahoma Health Care Authority shall study and recommend

coverage for prosthetic devices and orthotic devices for Medicaid-

eligible individuals. The study shall include the review of payment

rates necessary to provide the benefit. The study shall be filed

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

Senate no later than December 31, 2011.

B. As used in this section:

1. “Prosthetic device” means an artificial limb device or

appliance designed to replace in whole or in part an arm or a leg;

and

2. "Orthotic device" means a support or brace used to assist

weak or ineffective joints or muscles.
Okla. Stat. tit. 56, § 56-241.1 — OK Code / Title 56 / Section 56-241.1
Electronic benefit identification program -
Status: in_force

Implementation.

Oklahoma Statutes - Title 56. Poor Persons Page 171

A. The Department of Human Services shall develop an electronic

benefits identification program to expediently and accurately

determine the eligibility of and the extent or limit of benefits of

clients, and to serve providers and other persons providing

consumer-related goods to recipients of food stamps and other

assistance programs.

B. 1. The electronic benefits identification program for

recipients of food stamps and other assistance may be implemented on

a staggered basis.

2. To provide for the implementation of the electronic benefits

identification program, and as determined necessary by the

Department for such implementation in compliance with federal law,

the time of issuance of benefits for recipients of food stamps and

other assistance programs may be modified or adjusted to provide for

issuance of benefits on a staggered basis, provided recipients shall

be notified, in writing, at least three (3) months prior to any

modification or adjustment of the time of issuance of benefits.

C. The electronic benefits identification program shall be

implemented upon the awarding of a contract to a vendor selected by

competitive bid to do business with the State of Oklahoma.
Okla. Stat. tit. 56, § 56-162.4 — OK Code / Title 56 / Section 56-162.4
Peace officers for Commission
Status: in_force

The Director of the Department of Human Services shall have the

authority to commission certified employees within the Office of the

Inspector General of the Department as peace officers. The

authority of employees so commissioned shall include the authority

to investigate crimes committed against the Department or crimes

committed in the course of any program administered by the

Department and the authority to investigate cases of Medicaid

recipient fraud. Employees so commissioned shall also have the

authority to serve and execute process, bench warrants and other

court orders in any judicial or administrative proceeding in which

the Department is a party or participant. Use and possession of

firearms shall be at the discretion of the Director of the

Department of Human Services, for the fraud unit only. To become

qualified as peace officers for the commission, employees shall

Oklahoma Statutes - Title 56. Poor Persons Page 44

first obtain a certificate as provided for in Section 3311 of Title

70 of the Oklahoma Statutes.
Okla. Stat. tit. 56, § 56-4002.1a — OK Code / Title 56 / Section 56-4002.1a
Legislative intent
Status: in_force

It is the intent of the Legislature to transform the state's

current Medicaid program to provide budget predictability for the

taxpayers of this state while ensuring quality care to those in

need. The state Medicaid program shall be designed to achieve the

following goals:

1. Improve health outcomes for Medicaid members and the state

as a whole;

2. Ensure budget predictability through shared risk and

accountability;

3. Ensure access to care, quality measures, and member

satisfaction;

4. Ensure efficient and cost-effective administrative systems

and structures; and

5. Ensure a sustainable delivery system that is a provider-led

effort and that is operated and managed by providers to the maximum

extent possible.
Okla. Stat. tit. 56, § 56-238.3a — OK Code / Title 56 / Section 56-238.3a
Failure to appear at hearing - Administrative order
Status: in_force

If the obligor fails to appear at the hearing on the date and at

the hearing place given in the notice or appears but absents the

hearing prior to its conclusion, an administrative order will be

entered. Such order shall include findings of facts and conclusions

of law and shall be consistent with the notice served upon the

obligor. The order shall be subject to collection action, and shall

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

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

Oklahoma Statutes - Title 56. Poor Persons Page 140

state, in the county of residence of the obligor or elsewhere as

provided in this act. The administrative order shall be enforced by

the district court in the same manner as an order of the district

court. A copy of such order shall be mailed to the obligor by the

district office at the address where the obligor was served with the

notice. The order shall be mailed to the obligor by certificate of

mailing to the service address.
Okla. Stat. tit. 56, § 56-230.56 — OK Code / Title 56 / Section 56-230.56
Immunization incentive program
Status: in_force

In order to establish an incentive program for the immunization

of minor children pursuant to the State Department of Health

immunization schedule, the Department of Human Services shall

eliminate benefits for recipients under the Temporary Assistance for

Needy Families (TANF) program if, upon recertification of a

recipient for the TANF program, the recipient fails to show proof of

immunization for the recipient's minor children except for good

Oklahoma Statutes - Title 56. Poor Persons Page 106

cause established by rules promulgated by the Commission for Human

Services. Proof of immunization shall be accomplished by

presentation of the vaccination record by the recipient issued by

the local health officer or a physician.
Okla. Stat. tit. 56, § 56-114 — OK Code / Title 56 / Section 56-114
Employment of nurses, etc
Status: in_force

The board of county commissioners shall be authorized to employ

a suitable person or persons to care for such patients and quarters,

upon such terms and conditions as provided by law, and under such

restrictions as the board of county commissioners shall consider

most advantageous for the interests of their respective counties and

the welfare of the people therein.
Okla. Stat. tit. 56, § 56-1011.2 — OK Code / Title 56 / Section 56-1011.2
Program to improve service delivery system - Waivers of
Status: in_force

federal laws - Implementation of phase one of act - Independent

evaluation - Purpose.

A. The Oklahoma Health Care Authority is authorized to seek

waivers and/or other federal authorizations to create a statewide

program to provide for a more efficient and effective service

delivery system that enhances quality of care and client outcomes in

the Oklahoma Medicaid Program.

B. The Oklahoma Health Care Authority shall develop and submit

for approval, applications for waivers of applicable federal laws

and regulations as necessary to implement the provisions of the

Oklahoma Statutes - Title 56. Poor Persons Page 228

Oklahoma Medicaid Reform Act of 2006. Copies of all waivers

submitted to and approved by the United States Centers for Medicare

and Medicaid Services under this section shall be provided to the

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

Health Care Authority shall submit a plan containing a recommended

timeline for implementation of any waivers and budgetary projections

of the effect of the Oklahoma Medicaid Reform Act of 2006. This

implementation plan shall be submitted to the Governor, the Speaker

of the House of Representatives and the President Pro Tempore of the

Senate.

C. 1. For the purposes of this subsection:

a. “rural” means outside the corporate limits of any

municipal corporation and includes open country,

unincorporated communities, and any municipality

having a population of ten thousand (10,000) or less

according to the latest Federal Decennial Census, and

b. “urban” means any area which is not rural.

2. By July 1, 2010, phase one of this act shall be implemented

within an area of the state with rural and urban characteristics.

The Oklahoma Health Care Authority shall contract for an independent

evaluation and report findings of this phase of the act to the

Governor and the Legislature. After an independent evaluation and

report to the Governor and Legislature, if it is determined that the

evaluation establishes improved access to health care, improved

health care outcomes, and improved cost efficiencies, it is the

intent of the Legislature that components of the act be phased in

statewide.

D. Upon this evaluation and determination of improvement by the

Governor and Legislature, the Oklahoma Health Care Authority shall

negotiate a plan for statewide expansion of the act from the Centers

for Medicare and Medicaid Services.

E. The Oklahoma Health Care Authority may contract with a pay-

for-performance program provider. The purpose of the program is to

test a program’s value proposition that offers financial incentives

to both the health care provider and the patient for incorporating

evidence-based medicine guidelines and information therapy

prescriptions in the rendering and utilizing of health care. This

program may offer the health care provider the flexibility to use

the health care provider’s clinical judgment to adhere to or deviate

from the program’s guidelines and still receive a financial

incentive as long as the health care provider prescribes information

therapy to the patient. The program shall offer a financial reward

to the patient for responding to the information therapy

prescription by demonstrating the patient’s understanding of the

patient’s health condition, by demonstrating adherence to

recommended care, and by judging the quality of care given to the

patient against these guidelines. The program shall be offered and

Oklahoma Statutes - Title 56. Poor Persons Page 229

administered through an Internet application. This demonstration

project shall collect and analyze data over a period of two (2)

years or other reasonable time frame in order to determine its

effectiveness.

F. The purpose of the Oklahoma Medicaid Reform Act of 2006 is

to:

1. Stabilize Medicaid expenditures in the act areas compared to

Medicaid expenditures in the test areas for the three (3) years

preceding implementation of the act, while ensuring:

a. consumer education and choice,

b. access to medically necessary services,

c. coordination of preventative, acute, and long-term

care services, and

d. reductions in unnecessary service utilization;

2. Provide an opportunity to evaluate the progress of statewide

implementation of the Oklahoma Medicaid Reform Act of 2006 as a

replacement for the current Medicaid system; and

3. Introduce competition as a factor that lowers the cost of

the act.
Okla. Stat. tit. 56, § 56-177 — OK Code / Title 56 / Section 56-177
Assent to provisions of federal law
Status: in_force

The Commission shall have the authority to accept grants from

the federal government of money or services for the purpose of

augmenting assistance granted hereunder or to reimburse the state

for assistance granted hereunder and to conform to the requirements

of any federal agency or agencies governing said federal grants in

any manner not inconsistent with the constitution and laws of the

State of Oklahoma.

Oklahoma Statutes - Title 56. Poor Persons Page 58

The Commission shall have the authority to make apportionments

in advance of funds under its control in accordance with the

requirements of the federal government where such funds are to be

matched in whole or in part by federal funds.

Added by State Question No. 226, Initiative Petition No. 155, § 17,

adopted July 7, 1936.
Okla. Stat. tit. 56, § 56-230.6 — OK Code / Title 56 / Section 56-230.6
Renumbered as § 230.61 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-1012.1 — OK Code / Title 56 / Section 56-1012.1
Short title - Commitment to Care for People with
Status: in_force

Complex Physical Disabilities Act.

This act shall be known and may be cited as the "Commitment to

Care for People with Complex Physical Disabilities Act".
Okla. Stat. tit. 56, § 56-323 — OK Code / Title 56 / Section 56-323
Renumbered as § 1420 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-161 — OK Code / Title 56 / Section 56-161
Definitions
Status: in_force

(a) When used herein, the term "State Department" shall mean the

State Department of Public Welfare;

(b) The term "Commission" shall mean the Oklahoma Public Welfare

Commission;

(c) The term "county board" shall mean the county board of

public welfare;

(d) The term "Director" shall mean the Director of Public

Welfare;

(e) The term "applicant" shall mean a person who has applied for

assistance under this act;

(f) The term "recipient" shall mean any person who is receiving

assistance under the terms of this act;

(g) The term "assistance" shall mean money payments to, medical

care in behalf of, or any other kind of benefit to or for recipients

who receive aid under the provisions of this act.

(h) The singular shall include the plural and the masculine

shall include the feminine;

(i) The term "county department" shall mean the county board of

public welfare, a county director of public welfare and such other

Oklahoma Statutes - Title 56. Poor Persons Page 38

personnel as may be necessary for the efficient performance of the

duties of the county department;

(j) The term "Department" shall mean the State Department of

Public Welfare and the county department of public welfare.

Added by State Question No. 226, Initiative Petition No. 155, § 1,

adopted July 7, 1936. Amended by Laws 1939, p. 85, § 1, emerg. eff.

May 9, 1939; Laws 1951, p. 156, § 1, emerg. eff. June 1, 1951.
Okla. Stat. tit. 56, § 56-230.64 — OK Code / Title 56 / Section 56-230.64
Case management services
Status: in_force

A. The Department of Human Services shall provide case

management services to recipients under the Temporary Assistance for

Needy Families (TANF) program. Case management services shall

include, but not be limited to:

1. Intensive and in-depth employability assessment of a

recipient's education, training, skills, prior work experience and

supportive service needs;

2. Development of an employability plan which incorporates the

results of the assessment; and

3. Close follow-up of program implementation requirements and

participation pursuant to a personal responsibility agreement as

provided in Section 16 of this act.

Oklahoma Statutes - Title 56. Poor Persons Page 110

B. The Department of Human Services is hereby directed to

develop policy outlining procedural and educational expectations for

recipients of benefits under the TANF program.
Okla. Stat. tit. 56, § 56-625.2 — OK Code / Title 56 / Section 56-625.2
Statewide Independent Living Council – Contracts for
Status: in_force

services.

A. There is hereby created the Statewide Independent Living

Council which shall be established pursuant to the federal

Rehabilitation Act of 1973, Public Law 93-112, codified at 29

U.S.C., Section 701 et seq., as amended.

B. The duties of the Council shall be those as set forth in the

federal Rehabilitation Act of 1973, as amended.

C. Subject to the availability of state funds other than those

appropriated to the Department of Rehabilitation Services for the

purpose of providing independent living services to its clients, and

in accordance with the State Plan for Independent Living, the

Department of Rehabilitation Services, in joint effort with the

Statewide Independent Living Council, may contract with independent

living centers for the purpose of providing independent living

services to individuals with disabilities and their families.
Okla. Stat. tit. 56, § 56-238.1 — OK Code / Title 56 / Section 56-238.1
Notice of support obligation - Service - Content -
Status: in_force

Voluntary acknowledgment of obligation.

A. For the purposes of establishing the amount of the debt

which has accrued as provided for in Section 238 of this title, to

establish an obligation for support in the absence of a court order

of support, or to establish a judgment for support preceding the

filing of the support action pursuant to Section 83 of Title 10 of

the Oklahoma Statutes, the Division may issue a notice of a support

obligation to establish current support and support owed for past

months in accordance with the child support guidelines, Section 118

of Title 43 of the Oklahoma Statutes. The notice of debt shall be

served upon the obligor in the same manner prescribed for the

service of summons in a civil action. The notice of obligation

shall include:

1. A statement of the support debt accrued, as defined in

Section 237.7 of this title;

2. The amount of monthly child support required for the minor

child as determined by the child support guidelines, Section 118 of

Title 43 of the Oklahoma Statutes;

3. A statement 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

the proportionate share of medical expenses not reimbursed by

insurance, as determined by the court;

4. A statement that the obligor shall be required to keep the

Division informed of the obligor's current address, the name and

address of the obligor's current employer and access to health

insurance and other insurance policy information of the obligor;

5. A statement containing the name of the child and the name of

the custodian of the child;

6. A statement that the obligor may object to all or any part

of the notice of support debt at a hearing which will be held at a

given location on a date specified in the notice to show cause why

the obligor should not be determined liable for the support

requested in the notice and for any or all of the obligation accrued

or accruing, and the amount to be paid thereon; and

7. A statement that if the obligor fails to appear at the

hearing, the monthly support requested and the support debt shall be

made an administrative order subject to collection action and shall

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

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

state, in the county of residence of the obligor or elsewhere as

provided in Section 231 et seq. of this title. The administrative

Oklahoma Statutes - Title 56. Poor Persons Page 139

order shall be enforced in the same manner as an order of the

district court.

B. The Division may accept voluntary acknowledgments of support

liability and stipulated support amounts. The obligor shall be

informed, in the notice specified by this section, that the obligor

may make voluntary acknowledgments.

C. 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, § 56-530.5 — OK Code / Title 56 / Section 56-530.5
Rules
Status: in_force

A. The Department of Human Services shall promulgate rules

prescribing minimum standards for adult companion homes.

B. In promulgating rules prescribing such standards the

Department shall consult with the State Department of Health, the

State Bureau of Investigation and the State Fire Marshal.
Okla. Stat. tit. 56, § 56-176.1 — OK Code / Title 56 / Section 56-176.1
Investigation or study involving custody, placement or
Status: in_force

adoption of children - Fee.

If the district court requests or orders the Department of Human

Services to perform any investigation or study involving the

custody, placement, adoption, or other pertinent matter, with regard

to a child or children with whom the Department is not otherwise

involved, the Department may charge a reasonable sliding scale fee,

subject to standards promulgated by the Commission for Human

Services. The court shall specify the party or parties responsible

for payment of such a fee. Failure to obey the order to pay the fee

may be punished as contempt. The Department may also recover the

fee as is provided by law for the recovery of a debt. The

investigation, or study filed with the court, is subject to the

sovereign immunity of the state and its employees.
Okla. Stat. tit. 56, § 56-1011.5 — OK Code / Title 56 / Section 56-1011.5
Nursing facility incentive reimbursement rate plan
Status: in_force

A. 1. The Oklahoma Health Care Authority shall develop an

incentive reimbursement rate plan for nursing facilities focused on

improving resident outcomes and resident quality of life.

2. Under the current rate methodology, the Authority shall

reserve Five Dollars ($5.00) per patient day designated for the

quality assurance component that nursing facilities can earn for

improvement or performance achievement of resident-centered outcomes

metrics. To fund the quality assurance component, Two Dollars

($2.00) shall be deducted from each nursing facility's per diem

rate, and matched with Three Dollars ($3.00) per day funded by the

Authority. Payments to nursing facilities that achieve specific

metrics shall be treated as an "add back" to their net reimbursement

per diem. Dollar values assigned to each metric shall be determined

so that an average of the five-dollar-quality incentive is made to

qualifying nursing facilities.

3. Pay-for-performance payments may be earned quarterly and

based on facility-specific performance achievement of four equally-

weighted, Long-Stay Quality Measures as defined by the Centers for

Medicare and Medicaid Services (CMS).

4. Contracted Medicaid long-term care providers may earn

payment by achieving either five percent (5%) relative improvement

each quarter from baseline or by achieving the National Average

Benchmark or better for each individual quality metric.

5. Pursuant to federal Medicaid approval, any funds that remain

as a result of providers failing to meet the quality assurance

metrics shall be pooled and redistributed to those who achieve the

quality assurance metrics each quarter. If federal approval is not

received, any remaining funds shall be deposited in the Nursing

Facility Quality of Care Fund authorized in Section 2002 of this

title.

6. The Authority shall establish an advisory group with

consumer, provider and state agency representation to recommend

quality measures to be included in the pay-for-performance program

and to provide feedback on program performance and recommendations

for improvement. The quality measures shall be reviewed annually

Oklahoma Statutes - Title 56. Poor Persons Page 233

and shall be subject to change every three (3) years through the

agency's promulgation of rules. The Authority shall insure

adherence to the following criteria in determining the quality

measures:

a. provides direct benefit to resident care outcomes,

b. applies to long-stay residents, and

c. addresses a need for quality improvement using the

Centers for Medicare and Medicaid Services (CMS)

ranking for Oklahoma.

7. The Authority shall begin the pay-for-performance program

focusing on improving the following CMS nursing home quality

measures:

a. percentage of long-stay, high-risk residents with

pressure ulcers,

b. percentage of long-stay residents who lose too much

weight,

c. percentage of long-stay residents with a urinary tract

infection, and

d. percentage of long-stay residents who got an

antipsychotic medication.

B. The Oklahoma Health Care Authority shall negotiate with the

Centers for Medicare and Medicaid Services to include the authority

to base provider reimbursement rates for nursing facilities on the

criteria specified in subsection A of this section.

C. The Oklahoma Health Care Authority shall audit the program

to ensure transparency and integrity.

D. The Oklahoma Health Care Authority shall provide an annual

report of the incentive reimbursement rate plan to the Governor, the

Speaker of the House of Representatives, and the President Pro

Tempore of the Senate by December 31 of each year. The report shall

include, but not be limited to, an analysis of the previous fiscal

year including incentive payments, ratings, and notable trends.
Okla. Stat. tit. 56, § 56-57.1 — OK Code / Title 56 / Section 56-57.1
Intent of Legislature
Status: in_force

Adequate health care is a basic human right which should be

available to all Oklahomans. Rapidly increasing health care costs

threaten to make such care unaffordable to many citizens.

Unreimbursed health care services provided to indigent persons cause

the cost of services to paying patients to increase in a manner

unrelated to the actual cost of services delivered. It is therefore

the intent of the Oklahoma Legislature to develop a system of health

care delivery that ensures fair and adequate access for all

Oklahomans. Further, it is the intent of the Legislature that this

system promote the utilization of the most cost-effective health

care services including, but not limited to, health care education

and prevention and seek to utilize the most cost-effective

administrative policies and procedures.
Okla. Stat. tit. 56, § 56-26.15 — OK Code / Title 56 / Section 56-26.15
Contracts
Status: in_force

The Oklahoma Public Welfare Commission is authorized to enter

into contracts with the various agencies of the United States

Government, or any agency or subdivision of state, county or city

government, for the purpose of receiving for the State of Oklahoma,

items of food, clothing or other things of value which may be

donated and used by schools, penal or eleemosynary institutions, or

by any citizen, public or private charitable organization that may

be designated as an eligible recipient of the item by the donating

agency with which the Commission has entered into contractual

agreement.
Okla. Stat. tit. 56, § 56-189 — OK Code / Title 56 / Section 56-189
Short title
Status: in_force

This act may be cited as the "Oklahoma Social Security Act."

Added by State Question No. 226, Initiative Petition No. 155, § 30,

adopted July 7, 1936.
Okla. Stat. tit. 56, § 56-128 — OK Code / Title 56 / Section 56-128
Resolution
Status: in_force

Before any real estate deeded to or held by any such county for

the purpose of county indigent care facilities shall be held, owned,

or used for any other lawful county purpose, or leased for any other

lawful purpose, the board of county commissioners in regular or

special session shall adopt a resolution declaring that said real

estate is not needed for county indigent care facility purposes, or

is unsuitable or inconvenient for such purposes, or that other or

more suitable or convenient real property within the county is

obtainable at a fair and reasonable value, such resolution to be

published with other proceedings of the county commissioners.
Okla. Stat. tit. 56, § 56-27.10 — OK Code / Title 56 / Section 56-27.10
Department of Public Welfare - Scope of participation
Status: in_force

The State Department of Public Welfare may participate in

community work and training programs financed in whole or in part

with federal funds, and may submit a new or amended state plan for

such purposes to any appropriate federal agency and enter into

agreements with any federal agency for such purpose, and comply with

requirements necessary to obtain federal funds for such work and

training programs; and may provide either for the establishment and

operation of such programs, or for cooperation with a federal

administrative agency in the operation of such programs, as may be

required under federal legislation now or hereafter enacted,

providing federal funds for such programs.
Okla. Stat. tit. 56, § 56-126 — OK Code / Title 56 / Section 56-126
Proceeds - Disposition
Status: in_force

Proceeds derived by a county from any sale of real estate deeded

to it or held by it for use as indigent care facilities shall be

credited to the county's building fund.
Okla. Stat. tit. 56, § 56-146 — OK Code / Title 56 / Section 56-146
Class of widows entitled
Status: in_force

The provisions of this law shall not apply to any woman whose

husband is not dead or who is not confined in the Oklahoma State

Penitentiary or other prison in this state, or is in a state

institution for the insane in this state, and in the two latter

cases it shall not apply unless such prisoner is the lawful husband

of the woman seeking such allowance.
Okla. Stat. tit. 56, § 56-322 — OK Code / Title 56 / Section 56-322
Renumbered as § 1419 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-1011.9A — OK Code / Title 56 / Section 56-1011.9A
Claims payable to providers of Medicaid home and
Status: in_force

community-based services — OHCA prohibited from utilizing certain

audit methods — Development and refinement with DOH of audit

methodology.

A. As used in this section:

1. "Error rate" means the percentage of dollars of audited

claims found to be billed in error;

2. "Extrapolation" means the methodology of estimating an

unknown value by projecting, with a calculated precision, i.e.,

margin of error, the results of a probability sample to the universe

from which the sample was drawn;

3. "Probability sample" means the standard statistical

methodology in which a sample is selected based on the mathematical

theory of probability;

4. "Sample" means a statistically valid number of claims

obtained from the universe of claims audited or reviewed; and

5. "Universe" means all paid claims or types of paid claims

audited or reviewed during a specified time frame.

B. For claims payable to providers of Medicaid home and

community-based services submitted on or after January 27, 2020, but

not later than November 1, 2027, the Oklahoma Health Care Authority

shall not use:

1. Extrapolation or any other statistical method for the

auditing of such claims that can result in a determination that a

provider is required to repay any amount paid to such provider in

excess of the amount of the audited claim, regardless of the claims

error rate; or

2. Statistical sampling to audit submitted claims in a manner

that can result in a liability amount in excess of the total amount

of claims used in a statistical sample.

C. The use by the Oklahoma Health Care Authority of any

methodology as described in subsection A of this section prior to

the effective date of this act, and which was performed pursuant to

the provisions of Oklahoma Administrative Code 317:30-3-2.1 with

Oklahoma Statutes - Title 56. Poor Persons Page 237

respect to an audit period beginning on or after January 27, 2020,

through November 1, 2025, shall be deemed as invalid and any demand

for payment made to a provider on the basis of such methodology

shall be null and void. The Oklahoma Health Care Authority shall

not have authority to make any demand for repayment from a provider

with respect to an audit the effect of which has been nullified

pursuant to the provisions of this subsection or to impose a

financial penalty upon such provider with respect to any such audit.

D. The Oklahoma Health Care Authority shall comply with the

requirements of Section 249 of Title 56 of the Oklahoma Statutes

with respect to the reporting of alleged fraud.

E. The Oklahoma Health Care Authority and the Department of

Human Services shall work in conjunction to develop and refine an

audit methodology with respect to claims submitted for payment by

providers in the Home and Community Based Waivers related programs.

The agencies shall develop an information and training program so

that affected providers and their authorized agents have an

opportunity to become familiar with the audit standards and have a

clear and consistent set of guidelines with respect to the claims

submission process and any possible audit activity. The joint

program shall be complete and ready for presentation to providers

and their authorized agents not later than November 1, 2027.OHCA prohibited from utilizing certain audit methods — Development and refinement with DOH
Okla. Stat. tit. 56, § 56-1001 — OK Code / Title 56 / Section 56-1001
Short title
Status: in_force

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

Medicaid Program Integrity Act".
Okla. Stat. tit. 56, § 56-4002.13 — OK Code / Title 56 / Section 56-4002.13
Medicaid Delivery System Quality Advisory Committee
Status: in_force

A. The Oklahoma Health Care Authority shall establish a

Medicaid Delivery System Quality Advisory Committee for the purpose

of performing the duties specified in subsection B of this section.

B. The Committee shall have the power and duty to make

recommendations to the Administrator of the Oklahoma Health Care

Authority and the Oklahoma Health Care Authority Board on quality

measures used by contracted entities in the capitated care delivery

model of the state Medicaid program.

C. 1. The Committee shall be comprised of members appointed by

the Administrator of the Oklahoma Health Care Authority. Members

shall serve at the pleasure of the Administrator.

2. A majority of the members shall be providers participating

in the capitated care delivery model of the state Medicaid program,

and such providers may include members of the Advisory Committee on

Medical Care for Public Assistance Recipients. Other members shall

Oklahoma Statutes - Title 56. Poor Persons Page 320

include, but not be limited to, representatives of hospitals and

integrated health systems, other members of the health care

community, and members of the academic community having subject-

matter expertise in the field of health care or subfields of health

care, or other applicable fields including, but not limited to,

statistics, economics or public policy.

3. The Committee shall select from among its membership a chair

and vice chair.

D. 1. The Committee may meet as often as may be required in

order to perform the duties imposed on it.

2. A quorum of the Committee shall be required to approve any

final recommendations of the Committee. A majority of the members

of the Committee shall constitute a quorum.

3. Meetings of the Committee shall be subject to the Oklahoma

Open Meeting Act.

E. Members of the Committee shall receive no compensation or

travel reimbursement.

F. The Oklahoma Health Care Authority shall provide staff

support to the Committee. To the extent allowed under federal or

state law, rules or regulations, the Authority, the State Department

of Health, the Department of Mental Health and Substance Abuse

Services and the Department of Human Services shall as requested

provide technical expertise, statistical information, and any other

information deemed necessary by the chair of the Committee to

perform the duties imposed on it.
Okla. Stat. tit. 56, § 56-230.67 — OK Code / Title 56 / Section 56-230.67
Application for Earned Income Tax Credit - Assistance
Status: in_force

from Department of Human Services.

The Department of Human Services shall ensure, to the fullest

extent possible, that any recipient of benefits under the Temporary

Assistance for Needy Families (TANF) and the food stamp programs,

who may qualify for receipt of the Earned Income Tax Credit (EITC),

pursuant to 26 U.S.C., Section 32(a-j), applies for such credit.

The Department shall have EITC forms readily available and shall

Oklahoma Statutes - Title 56. Poor Persons Page 113

provide assistance and encouragement to those wishing to apply for

the EITC.
Okla. Stat. tit. 56, § 56-167 — OK Code / Title 56 / Section 56-167
Investigation of applications
Status: in_force

The Department shall promptly investigate all applications for

assistance, and shall determine whether the applicant is eligible

for assistance under the provisions of this act, the amount of

assistance, if any, and the date such assistance shall begin. The

applicant shall be notified in writing of the decision.

Added by State Question No. 226, Initiative Petition No. 155, § 7,

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

May 9, 1939.
Okla. Stat. tit. 56, § 56-230.62 — OK Code / Title 56 / Section 56-230.62
Contracts for literacy remediation, work activities,
Status: in_force

training and other services.

A. The Department of Human Services shall, as appropriate,

provide literacy remediation, English as a second language, work

activities, training, and other services to recipients pursuant to

the Temporary Assistance for Needy Families (TANF) program through

contracts. In contracting for English as a second language, work

activities, training, or other services, the following terms and

conditions shall apply:

1. A contract shall be performance based. Whenever possible,

payment shall be based on performance outcomes that include, but are

not limited to, such factors as job entry, job entry at a target

wage, and job retention. Payment shall not be based on completion

of training, education, or any other phase of the program

participation process;

2. A contract may include performance-based incentive payments

that may vary according to the extent to which a recipient is more

difficult to place. Contract payments may be weighted

proportionally to reflect the extent to which a recipient has

limitations associated with the long-term receipt of welfare and

difficulty in maintaining employment. The factors may include the

extent of a recipient's prior receipt of welfare, lack of employment

experience, poor literacy skills, lack of education, lack of job

skills, and any other factors determined appropriate by the

Department; and

3. The Department is hereby authorized to contract with

commercial, charitable, religious or faith-based organizations to

provide the necessary services pursuant to the TANF program as

provided in this section.

B. Subject to the availability of funds, the Department shall

explore and recommend technological enhancements and funding

necessary to support the work activities, training and other

services provided to recipients as described in subsection A of this

section. The enhancements may include creation of an online self-

service portal allowing recipients to retain responsibility for

periodically reporting on their employment, education, training and

job activities.

Oklahoma Statutes - Title 56. Poor Persons Page 109
Okla. Stat. tit. 56, § 56-1011.10 — OK Code / Title 56 / Section 56-1011.10
Health care benefit waiver for full-time state
Status: in_force

university or college students.

The Oklahoma Health Care Authority shall apply for any necessary

waiver to extend health care benefits to persons up to the age of

twenty-three (23) years if the person is enrolled as a full-time

student in an accredited university or college in the State of

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

Definitions.

As used in Section 240.22 et seq. of this title:

1. "Account" means a demand deposit account, checking or

negotiable withdrawal order account, savings account, time deposit

account, money-market mutual fund account or brokerage account;

2. "Financial institution" means any federal or state bank or

savings association, federal or state credit union, benefit

association, insurance company, safe deposit company, money-market

mutual fund or similar entity authorized to do business by the State

of Oklahoma; and

3. "Noncompliance with an order for support" means that the

obligor has failed to make child support payments required by a

child support order in an amount equal to the child support payable

for at least ninety (90) days.
Okla. Stat. tit. 56, § 56-3121 — OK Code / Title 56 / Section 56-3121
Compassionate Care Task Force
Status: in_force

A. There is hereby created until July 1, 2010, the

“Compassionate Care Task Force”. The Compassionate Care Task Force

shall be composed of the following members:

1. The Attorney General, or a designee;

2. The Commissioner of the State Department of Health, or a

designee;

3. The Director of the Department of Human Services, or a

designee;

Oklahoma Statutes - Title 56. Poor Persons Page 285

4. The Commissioner of the Department of Mental Health and

Substance Abuse Services, or a designee;

5. The Director of the Office of Faith-Based and Community

Initiatives, as created under the direction of the Secretary of

Health and Human Services in July 2000, or a designee;

6. Two bipartisan members of the Oklahoma House of

Representatives appointed by the Speaker of the Oklahoma House of

Representatives;

7. Two bipartisan members of the Oklahoma State Senate

appointed by the President Pro Tempore of the Oklahoma State Senate;

8. One member of the Oklahoma City-County Health Department;

and

9. One member of the Tulsa City-County Health Department.

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

authorities. A vacancy on the Task Force shall be filled by the

original appointing authority.

2. A majority of the members of the Task Force shall constitute

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

for the Task Force.

3. The chair shall be appointed by the Speaker of the Oklahoma

House of Representatives on or before August 1, 2008. The vice-

chair shall be appointed by the President Pro Tempore of the

Oklahoma State Senate on or before August 1, 2008.

4. The chair shall convene the first meeting of the Task Force

on or before September 1, 2008. The Task Force shall meet as often

as necessary.

5. Task Force members employed by the state shall be reimbursed

for travel expenses related to their service on the Task Force by

their respective agencies pursuant to the provisions of the State

Travel Reimbursement Act. Legislative members of the Task Force

shall be reimbursed for their necessary travel expenses incurred in

the performance of their duties in accordance with Section 456 of

Title 74 of the Oklahoma Statutes.

C. Staff of the State Department of Health shall serve as

primary staff for the Task Force. The Task Force may use the

expertise and services of the staffs of the Oklahoma House of

Representatives and the Oklahoma State Senate and may, if necessary,

seek the advice and services of experts in the field as well as

other necessary professional and clerical staff.

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

state shall cooperate with the Task Force in fulfilling its duties

and responsibilities including, but not limited to, providing any

information, records, or reports requested by the Task Force.

E. The meetings of the Task Force shall be subject to the

Oklahoma Open Meeting Act.

F. The Compassionate Care Task Force shall determine and make

recommendations regarding:

Oklahoma Statutes - Title 56. Poor Persons Page 286

1. The role of charitable, voluntary, and faith-based

organizations in the Oklahoma health care system;

2. The role of charitable, voluntary, and faith-based

organizations in community-based health education, advocacy and

direct care for the uninsured;

3. The role of charitable, voluntary, and faith-based

organizations in improving access to health care and ensuring

affordable and stable health care coverage;

4. The level of collaboration between charitable, voluntary,

and faith-based organizations and public health agencies in the

state;

5. The utilization of health-related services currently being

provided by charitable, voluntary, and faith-based organizations in

the state; and

6. The role of charitable, voluntary, and faith-based

organizations and the pandemic influenza preparedness plan for

Oklahoma.

G. The Compassionate Care Task Force shall provide a progress

report in electronic form to the Governor, the President Pro Tempore

of the Oklahoma State Senate and the Speaker of the Oklahoma House

of Representatives on or before March 1 of each year.
Okla. Stat. tit. 56, § 56-1007 — OK Code / Title 56 / Section 56-1007
Additional penalties
Status: in_force

A. Any person who receives payment for furnishing goods or

services under the Oklahoma Medicaid Program, which the person is

not entitled to receive by reason of offenses under paragraphs 1

through 6 of subsection A of Section 1005 of this title, shall, in

addition to any other penalties provided by law, be liable for:

Oklahoma Statutes - Title 56. Poor Persons Page 217

1. Full restitution to the Oklahoma Health Care Authority of

all funds or payments received in violation of the Oklahoma Medicaid

Program Integrity Act which shall be returned to the Authority for

deposit to the Oklahoma Health Care Authority Medicaid Program Fund,

created in Section 6 of this act;

2. Payment of interest on the amount of the excess payment at

the maximum legal rate in effect on the date the payment was made to

the person for the period from the date upon which payment was made

to the date upon which the repayment is made to the Authority. All

such payments shall be deposited in the Oklahoma Health Care

Authority Medicaid Program Fund, created in Section 6 of this act;

and

3. The cost of investigation, litigation, and attorney fees,

which shall be deposited to the General Revenue Fund.

B. 1. In addition to the penalties imposed by paragraphs 1, 2

and 3 of subsection A of this section, any person who receives

payment for furnishing goods or services under the Oklahoma Medicaid

Program, which the person is not entitled to receive by reason of

violation of paragraphs 1 through 6 of subsection A of Section 1005

of this title, shall be liable for one of the following penalties:

a. a civil penalty of two (2) times the amount of

restitution and interest thereon from date of

judgment, which shall be deposited to the General

Revenue Fund, or

b. a civil penalty in the sum of Two Thousand Dollars

($2,000.00) and interest thereon from date of judgment

for each false or fraudulent claim, statement, or

representation submitted for providing goods or

services, which shall be deposited to the General

Revenue Fund.

2. A criminal action need not be brought against the person

before civil liability attaches under this section.

C. In addition to the sanctions provided by the Oklahoma

Medicaid Program Integrity Act, the Authority may, upon the

conviction of or the entry of an administrative, civil or criminal

judgment against any person wherein Medicaid fraud on the person's

part is involved, suspend the provider agreement between the

Authority and the person and stop reimbursement to the person for

goods or services claimed for a period of up to five (5) years from

the date of final adjudication of the matter.
Okla. Stat. tit. 56, § 56-229 — OK Code / Title 56 / Section 56-229
OK Benefits 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 "OK

Benefits Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

designated to the fund by law. The Director of the Department of

Human Services shall, at the end of each month, provide a current

balance and statement of encumbrances of the fund to the Chair of

the Senate Appropriations Committee and the Chair of the House of

Representatives Committee on Appropriations and Budget. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Department of Human Services for the

sole purpose of the acquisition, operation, maintenance, repair and

replacement of the OK Benefits system at the Department of Human

Services. 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, § 56-200d — OK Code / Title 56 / Section 56-200d
State Medicaid Plan provider contracts - Terms and
Status: in_force

conditions - Termination - Annual inspection of facilities.

A. Every contract pursuant to the State Medicaid Plan entered

into between the Department of Human Services and facilities that

provide inpatient or residential mental health services to persons

Oklahoma Statutes - Title 56. Poor Persons Page 85

eighteen (18) years of age or younger who are or may be eligible for

assistance through Title XIX of the federal Social Security Act

shall incorporate terms and conditions for the care, treatment and

services to be provided.

B. Said terms and conditions shall be substantially the same as

those included in placement agreements for acute or freestanding, as

appropriate for the facility, psychiatric care for children and

youth who are in the legal custody of the Department of Human

Services and shall include, but not be limited to:

1. Primary care, treatment and counseling services;

2. Educational services;

3. Face-to-face visitation by the attending physician,

treatment plans, discharge planning, reports on the progress of the

child and other reports as necessary and appropriate;

4. Use of medications;

5. Communicable diseases;

6. Visitation and correspondence;

7. Use of restraints, seclusion, physical force and

disciplinary measures; and

8. Inspections and reviews of the care, treatment and services

provided.

C. The Department shall immediately initiate procedures for the

termination of said contract when:

1. A contracting facility continually violates the terms and

conditions required by this section; or

2. The conditions within the facility pose serious harm or a

threat of serious harm to patients or residents who are eighteen

(18) years of age or under and have been admitted for the purpose of

mental health or chemical dependency treatment.

D. The Department shall coordinate with the State Department of

Health and any other applicable licensing or certifying agency to

ensure that, whenever possible and practicable, annual inspections

of hospitals, related institutions and child care facilities

required by state or federal law shall be conducted jointly.
Okla. Stat. tit. 56, § 56-603 — OK Code / Title 56 / Section 56-603
Legislative intent
Status: in_force

The Oklahoma Family Support Act is intended to:

1. Keep families together;

2. Facilitate the return of children with developmental

disabilities from out-of-home placements to their families' homes;

3. Prevent or delay the out-of-home placement of children with

severe developmental disabilities who reside in their families'

homes.
Okla. Stat. tit. 56, § 56-199.1 — OK Code / Title 56 / Section 56-199.1
Powers and duties
Status: in_force

A. The Commission for Rehabilitation Services shall:

1. Promote the coordination of efforts and services on behalf

of the deaf and hard-of-hearing;

2. Inventory the various services available for meeting the

problems of the deaf and hard-of-hearing and assist persons in

locating and securing such services;

3. Collect studies, compile bibliographies, gather information

and conduct research with respect to the education, training,

counseling, placement and social and economic adjustment of the deaf

and hard-of-hearing and with respect to the causes, diagnosis,

treatment and methods of prevention of impaired hearing;

4. Keep informed of and cooperate with federal, state and local

programs available for the improvement of the general welfare of

deaf and hard-of-hearing persons;

5. Appoint advisory or special committees when appropriate for

in-depth investigations and study of particular problems and to

receive reports of findings and recommendations; and

6. Make recommendations to the Governor and the Legislature

with respect to modifications in existing services or establishment

of additional services for deaf or hard-of-hearing persons.

B. 1. Personal client information obtained or created in the

course of providing services to persons who are deaf or hard-of-

hearing pursuant to this section shall be confidential. Such

information shall include, but is not limited to, the client's name;

work or home address; work or home telephone number; and social

security number.

2. Persons who are deaf or hard-of-hearing have the same

legitimate expectations of privacy in the conduct of their daily

lives as do persons who can hear. As a result, information obtained

or created in the course of providing interpreter services pursuant

to this section shall be confidential to the extent necessary to

protect those expectations. Confidential information related to

interpreter services shall include, but is not limited to, personal

client information; the purpose for which the client requests

interpretation; the entity with which the client communicates by way

of an interpreter; the date, time, location and duration of the

interpreted communication; and the name of the interpreter.
Okla. Stat. tit. 56, § 56-237.5 — OK Code / Title 56 / Section 56-237.5
AFDC payments to adult custodians - Purpose
Status: in_force

For purposes of Title 56 of the Oklahoma Statutes, public

assistance payments made to an eligible adult custodian in the Aid

to Families with Dependent Children program shall be deemed to be

made for the benefit of a minor child and shall be paid to the adult

having actual and continuous physical custody of the minor child.
Okla. Stat. tit. 56, § 56-198.9 — OK Code / Title 56 / Section 56-198.9
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, 1975, 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 Seven Dollars ($7.00) per person per month subject to a

Oklahoma Statutes - Title 56. Poor Persons Page 66

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, § 56-238.6A — OK Code / Title 56 / Section 56-238.6A
Deciding issues of fact involving minor children and
Status: in_force

granting relief in cases pending before district court and before

Administrative Law Unit of Department of Human Services.

A. In any case in which the same issues of fact involving minor

children are pending before the district court and before the OAH,

those issues may be decided and relief granted by the district

court, or be remanded by the district court to OAH for

determination.

B. In any case in which different issues of fact involving

minor children are pending before the district court and before the

OAH, all issues may be decided and all relief granted by the

district court, if the district court finds it is in the interests

of justice and judicial economy.
Okla. Stat. tit. 56, § 56-1011.14 — OK Code / Title 56 / Section 56-1011.14
Penalties and interest for failing to timely pay
Status: in_force

The Oklahoma Health Care Authority shall promulgate

administrative rules that govern the assessment of penalties and

interest against any nonstate governmental organization that fails

to timely pay the full amount of a quarterly intergovernmental

transfer; provided, however, that the penalty assessed shall not

exceed five percent (5%) of the quarterly amount not paid on or

before the due date. Penalties and interest collected pursuant to

this section shall be deposited in the Nursing Facility Supplemental

Payment Program Revolving Fund, as described in Section 1 of this

act.
Okla. Stat. tit. 56, § 56-1012.3 — OK Code / Title 56 / Section 56-1012.3
Coverage for specialty provider services
Status: in_force

A. The Oklahoma Health Care Authority shall take into

consideration the unique medical and functional needs of members

with complex physical disabilities when preparing or adjusting its

budget.

B. The Oklahoma Health Care Authority shall provide coverage

for specialty provider services, specialized equipment, and supplies

for people with complex physical disabilities. Such coverage shall

take into consideration the unique medical and functional needs of

people with complex physical disabilities by:

1. Identifying a means by which to recognize people with

complex physical disabilities through ID codes and/or billing

modifiers;

2. Determining current procedure terminology billing codes that

recognize specialized provider care and preserve a specialized rate

which will ensure access to care;

3. Identifying criteria required to establish qualifications as

a specialty provider; and

Oklahoma Statutes - Title 56. Poor Persons Page 244

4. Classifying specialty products and goods into a separate

category and establishing a reasonable access protocol for certain

items.
Okla. Stat. tit. 56, § 56-608 — OK Code / Title 56 / Section 56-608
Hearing upon denial or termination
Status: in_force

If an application for a family support assistance is denied or a

family support assistance payment is terminated by the Department,

the parent or legal guardian of the affected family member may

demand, in writing, a hearing by the Department.
Okla. Stat. tit. 56, § 56-1030.3 — OK Code / Title 56 / Section 56-1030.3
Compensation of receiver
Status: in_force

The Department of Human Services shall have a lien against the

owner of the agency for any such reimbursements made during the

receivership under the same terms, procedures, and conditions as

provided for long-term care facilities pursuant to Section 1-1914.2

of Title 63 of the Oklahoma Statutes. The court shall set the

compensation of the receiver in accordance with other receiverships

generally.
Okla. Stat. tit. 56, § 56-238 — OK Code / Title 56 / Section 56-238
Payment of public assistance creating debt to Department
Status: in_force

Any payment of public assistance money by the Department of

Human Services, hereinafter referred to as "Department," to or for

the benefit of any dependent child or children or a child in the

custody of the Department creates a debt due and owing to the State

of Oklahoma by the natural or adoptive parent or parents who are

responsible for support of such child or children in an amount equal

to the amount of public assistance money so paid.

Provided, that any debt under this section shall not be incurred

by nor at any time be collected from a parent or other person who is

the recipient of public assistance monies for the benefit of minor

dependent children for the period such person or persons are in such

status.

Provided further, that where there has been a court order, the

debt shall be limited to the amount provided for by said order. The

Department shall have the right to petition the appropriate court

for modification of a court order on the same grounds as a party to

said cause. The Department shall be subrogated to the right of said

child or children to prosecute or maintain any support action or

execute any administrative remedy existing under the laws of the

State of Oklahoma to obtain reimbursement of money thus expended.

Oklahoma Statutes - Title 56. Poor Persons Page 138
Okla. Stat. tit. 56, § 56-199.2 — OK Code / Title 56 / Section 56-199.2
Cooperation with commissions and state agencies -
Status: in_force

Interpreter services.

Oklahoma Statutes - Title 56. Poor Persons Page 83

A. The Commission for Rehabilitation Services is hereby

directed, in carrying out its functions, to cooperate with the

appropriate commissions and state agencies having authority related

to the problems of deaf and hard-of-hearing persons. These agencies

are likewise directed to cooperate with the Commission for

Rehabilitation Services in carrying out its functions.

B. The State Department of Rehabilitation Services shall

establish and operate a program to provide interpreter services to

deaf and hard-of-hearing citizens of the state, under rules

promulgated by the Commission for Rehabilitation Services.

C. The State Department of Rehabilitation Services shall

establish policy and procedures for the evaluation and certification

of interpreters for the deaf and hard-of-hearing. The Department

may require a nominal fee to recoup costs incurred in testing and

certifying such interpreters.
Okla. Stat. tit. 56, § 56-239 — OK Code / Title 56 / Section 56-239
Annual report
Status: in_force

On or before December 31 of each year, the Department shall file

a written report with the Division of the Budget and Division of

Central Accounting and Reporting, the Director of the Legislative

Service Bureau, the President Pro Tempore of the Senate, and the

Speaker of the House of Representatives, containing an accounting of

all monies received by the Department from the federal programs

Oklahoma Statutes - Title 56. Poor Persons Page 146

pursuant to Title IV-D of the Social Security Act, as amended, and

all monies received pursuant to orders for child support or

administrative determinations of the Department for the preceding

federal fiscal year. The report shall also specify any expenditures

made by the Department pursuant to orders for child support or

administrative determinations of the Department for the preceding

federal fiscal year.
Okla. Stat. tit. 56, § 56-332 — OK Code / Title 56 / Section 56-332
Renumbered as § 1422 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-240.22B — OK Code / Title 56 / Section 56-240.22B
Information required from financial institutions
Status: in_force

A. The Department shall make the first request to each

financial institution to provide data in writing. Within thirty

(30) days of such notification, each financial institution notified

shall provide a list containing the name, record address, social

security number, and other identifying data of each noncustodial

parent who maintains an account at the institution and who is in

noncompliance with an order for support. Each financial institution

is further required to provide such information within thirty (30)

days of the end of each calendar quarter thereafter, after receiving

an updated list of obligors from the Department, without further

notification from the Department.

B. To comply with the requirements of this act a financial

institution may either:

1. Provide to the Department the list of all account holders

for the Department to compare against its list of obligors in

noncompliance with an order for support for the purpose of

identifying which obligors maintain any account at the financial

institution; or

2. Obtain a list of obligors in noncompliance with an order for

support from the Department and compare that data to the data

maintained by the financial institution to identify which of the

obligors maintains any account at the financial institution. The

Department shall provide the list of obligors in noncompliance with

Oklahoma Statutes - Title 56. Poor Persons Page 165

an order for support in electronic media form and compatible format

unless the financial institution requests the list to be in written

format.

C. Each institution shall notify the Director of the Department

of Human Services in writing within fifteen (15) days of the

original request to provide the data and by December 15 of each

calendar year if it chooses to change methods for the following

calendar year.

D. A financial institution may provide the required data by

submitting electronic media in a compatible format, delivering,

mailing, or telefaxing a copy of the data or by other means

authorized by the Director of the Department of Human Services, or

their designee, that will result in timely reporting.

E. With regard to account information on all account holders

provided by a financial institution under paragraph 1 of subsection

B of this section, the Department shall retain the reported

information only until the account information is compared against

the Department's database. All account information that does not

pertain to an obligor listed in the Department's database shall be

immediately destroyed and no retention or publication shall be made

of that data by the Department. Financial institutions choosing the

method described in paragraph 2 of subsection B of this section

should immediately destroy all information provided by the

Department after all matches are determined and forwarded to the

Department. All account information that does pertain to an obligor

listed in the Department's database shall be incorporated into the

Department's database and access to that data will then be governed

by this act.

F. A financial institution that performs a data match pursuant

to the provisions of this act and furnishes matching data, if any,

to the Department may collect from the Department for providing such

information in an amount to be established by agreement between the

Department the actual cost incurred for performing the data match.

G. A financial institution that provides information to the

Department in good faith or takes any other action in good faith in

an attempt to comply with the provisions of this act shall not be

liable to any person for disclosing such information or for taking

such action.

H. The Department of Human Services shall examine the data made

available pursuant to this act under the reporting system and make

positive identification of cases in which child support is owed to

the Department pursuant to the state child support program or to the

person entitled to the support.

I. Upon a positive identification, the Department may require

the financial institution to submit additional information

concerning the obligor, social security number, and other data to

Oklahoma Statutes - Title 56. Poor Persons Page 166

assure positive identification, and the name and location of the

financial institution.

J. If the Department determines a match between a child support

obligor and an account in a financial institution, the Department

may issue a subpoena seeking additional information or serve a

notice of a levy on the obligor's assets in that financial

institution.

K. 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, § 56-26.6 — OK Code / Title 56 / Section 56-26.6
Eligibility for assistance
Status: repealed

(A) Any person in order to be eligible to receive assistance

under the provisions of this act must have been a bona fide citizen

and actual resident of this state for a period of one (1) year

immediately prior to the date of application for assistance provided

by this act.

(B) Other minimum requirements will be established by rules and

regulations promulgated by the Board and adopted by said Board in

official meeting.

(C) Repealed by Laws 1957, p. 455, § 7, emerg. eff. Jan. 22,

1957.
Okla. Stat. tit. 56, § 56-187.1 — OK Code / Title 56 / Section 56-187.1
Renumbered as § 5009.2 of Title 63 by Laws 1996, c. 213,
Status: in_force

§ 2, eff. Nov. 1, 1996.
Okla. Stat. tit. 56, § 56-241 — OK Code / Title 56 / Section 56-241
Participation in food stamp program - Agreements -
Status: in_force

Distribution - Reimbursement procedures.

A. It shall be the mandatory duty of the Department of Human

Services to participate in the food stamp program under the Food

Stamp Act of 1977, as amended. The cost of distributing food stamp

benefits shall be paid by the Department.

B. 1. The Department may, at its option:

a. operate the program of distributing food stamp

benefits to families certified as eligible by the

Department, or

b. contract with private or public entities for the

distribution of food stamp benefits.

2. Any program for distribution of food stamp benefits operated

pursuant to the provisions of this subsection shall provide:

a. adequate qualified personnel, suitable facilities, and

adequate participant access to such benefits through a

system of electronic benefits transfer,

b. adequate qualified personnel and suitable facilities

for storage and issuing of any required food stamp

coupons for benefits,

c. any bonding of personnel, and insurance required by

the Commission for Human Services, and

d. that such exchange, distribution and accounting of

food stamp benefits shall be in compliance with all

federal and state regulations and rules applicable

thereto.

C. Food stamp benefits may be obtained through one or more

approved food stores, or through other means approved by the

Department.Oklahoma Statutes - Title 56. Poor Persons Page 8
Okla. Stat. tit. 56, § 56-225.1 — OK Code / Title 56 / Section 56-225.1
Records regarding agreements or authorization to settle
Status: in_force

claim for reconciliation purposes for contracts or purchases.

A. The Department of Human Services shall maintain detailed

records regarding any agreements or authorizations to settle a claim

made for reconciliation purposes for any contract or purchase of

materials, items, supplies or services. Such records shall include

but not be limited to identification of parties involved in the

reconciliation, identification of materials, items, equipment or

services at issue, among originally due and owing and amount of

settlement.

B. Any settlement made for purposes of reconciliation for any

contract or purchase of any materials, items, equipment or

settlement shall be approved in writing by the administrative head

of the division making such settlement and by the Director of the

Department of Human Services.
Okla. Stat. tit. 56, § 56-230.76 — OK Code / Title 56 / Section 56-230.76
TANF Options Task Force — Membership
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 118

A. The Task Force on State Plan Options for the Temporary

Assistance to Needy Families Program shall consist of thirteen (13)

members and shall be composed as follows:

1. The Speaker of the House of Representatives shall appoint

three members of the House of Representatives, one member who shall

represent a statewide domestic violence association, and one member

who at the time of appointment is a TANF participant;

2. The President Pro Tempore of the Senate shall appoint three

members of the State Senate, one member who shall represent a

statewide association of substance abuse treatment providers, and

one member who at the time of appointment is a TANF participant;

3. The Director of the Department of Human Services or the

designee of the Director;

4. The Commissioner of the Department of Mental Health and

Substance Abuse Services or the designee of the Commissioner; and

5. The Administrator of the Oklahoma Health Care Authority or

the designee of the Administrator.

B. The Speaker shall appoint the chair of the Task Force and

the President Pro Tempore shall appoint the vice-chair from their

appointees.

C. Nonlegislative members of the Task Force shall be reimbursed

by their appointing authority for necessary travel expenses incurred

in the performance of their duties in accordance with the State

Travel Reimbursement Act. Legislative members shall be reimbursed

pursuant to the provisions of Section 456 of Title 74 of the

Oklahoma Statutes.

D. The House of Representatives and Senate shall provide staff

support as required by the Task Force. The Department of Human

Services, Department of Mental Health and Substance Abuse Services

and the Oklahoma Health Care Authority shall provide the Task Force

with information and assistance as requested by the Task Force.

Added by § 2 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, § 56-97 — OK Code / Title 56 / Section 56-97
Taxes - Levy
Status: in_force

It shall be the duty of the officers charged by law with levying

taxes for county purposes to levy annually an amount sufficient to

pay the interest due each year on the bonds issued hereunder, and in

addition thereto levy an amount sufficient to pay the principal as

the same comes due.
Okla. Stat. tit. 56, § 56-1007.3 — OK Code / Title 56 / Section 56-1007.3
Eligibility for Medicaid reimbursement – Failure to
Status: in_force

report statutory rape.

A. No provider shall be eligible for reimbursement through

Medicaid or any other federal or state program, directly or by

subcontract with any other party, if:

1. That provider, or any affiliate of that provider, has been

found by a court of law, either civilly or criminally, to have

failed to report statutory rape as part of mandatory potential child

abuse reporting laws applicable to the medical provider, when that

provider, or the affiliate of that provider, provides services

relating to pregnancy or termination of pregnancy to that minor

female for compensation; or

2. The entity or an affiliate of the entity failed to report

statutory rape of a patient as child abuse as required by law, where

the abuser was later convicted of abusing that patient, whether or

not the entity or an affiliate of the entity was itself adjudicated

of failing to report statutory rape.

B. Any provider found to be ineligible for reimbursement under

this section shall be able to reapply after a period of five (5)

years and a showing that procedures have been put in place to

provide for reporting to appropriate law enforcement authorities.
Okla. Stat. tit. 56, § 56-230.9 — OK Code / Title 56 / Section 56-230.9
Renumbered as § 230.55 of this title by Laws 1997, c
Status: in_force

414, § 32, eff. Sept. 1, 1997.
Okla. Stat. tit. 56, § 56-174 — OK Code / Title 56 / Section 56-174
Change of residence
Status: in_force

Any recipient who moves to another county in this state shall be

entitled to receive assistance in the county in which he has moved

and the county department of the county from which he has moved

shall transfer with due dispatch all necessary records relating to

the recipient to the county department of the county to which he has

moved.

Added by State Question No. 226, Initiative Petition No. 155, § 14,

adopted July 7, 1936. Amended by Laws 1939, p. 91, § 12, emerg.

eff. May 9, 1939.
Okla. Stat. tit. 56, § 56-333 — OK Code / Title 56 / Section 56-333
Renumbered as § 1423 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.
Okla. Stat. tit. 56, § 56-246 — OK Code / Title 56 / Section 56-246
HOPE Act – Eligibility verification – Independent vendors
Status: in_force

A. This act shall be known and may be cited as the "Act to

Restore Hope, Opportunity and Prosperity for Everyone" or the "HOPE

Act".

B. Prior to awarding assistance under Medicaid, the Oklahoma

Health Care Authority shall verify eligibility information of each

applicant, excluding those applicants who would be eligible under

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

excluding those applicants with intellectual disabilities receiving

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

C. The information verified by the Authority shall include, but

is not limited to:

1. Earned and unearned income;

2. Employment status and changes in employment;

3. Immigration status;

4. Residency status, including a nationwide best-address source

to verify individuals are residents of the state;

5. Enrollment status in other state-administered public

assistance programs;

6. Financial resources;

7. Incarceration status;

8. Death records;

9. Enrollment status in public assistance programs outside of

this state; and

10. Potential identity fraud or identity theft.

D. The Authority shall sign a memorandum of understanding with

any department, agency or division for information detailed in

subsection C of this section.

E. The Authority shall contract with one or more independent

vendors to provide information detailed in subsection C of this

section. Any contract entered under this subsection shall establish

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

the state.

F. Nothing in this section shall preclude the Authority from

receiving, reviewing or verifying additional information related to

eligibility not detailed in this section or from contracting with

one or more independent vendors to provide additional information

not detailed in this section.
Okla. Stat. tit. 56, § 56-1015.3 — OK Code / Title 56 / Section 56-1015.3
Requirements for Medicaid claims on wheeled mobility
Status: in_force

purchases.

A. Contingent upon the availability of funding, for Medicaid

claims with dates of service on or after April 1, 2009, on all

purchased wheeled mobility, the patient shall either have:

1. A specialty evaluation that was performed by a licensed or

certified medical professional, such as a physical therapist,

occupational therapist, or physician who has specific training and

experience in rehabilitation wheelchair evaluations, and that

documents the medical necessity for the wheelchair and its special

features; or

2. The wheelchair provided by a supplier that employs a RESNA-

certified assistive technology supplier or assistive technology

practitioner who specializes in wheelchairs and who has direct, in-

person involvement in the wheelchair selection for the patient; and

3. Met the requirements for medical necessity as determined and

approved by the Oklahoma Health Care Authority.

B. The Oklahoma Health Care Authority shall promulgate rules to

implement the Consumer Protection Act for Wheeled Mobility in

accordance with the Consumer Protection Act for Wheeled Mobility.
Okla. Stat. tit. 56, § 56-224 — OK Code / Title 56 / Section 56-224
Human Services Disbursing Fund
Status: in_force

Oklahoma Statutes - Title 56. Poor Persons Page 92

There is hereby created in the State Treasury a revolving fund

for the Commission for Human Services, to be designated the "Human

Services Disbursing Fund", provided that the fund may be designated

by fiscal year designations as the Commission may determine. The

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

limitations. The fund shall consist of receipts from the federal

government, monies appropriated to the Department of Human Services

by the State Legislature, and other receipts of the Department of

Human Services as shall be directed by the Commission for Human

Services. All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Commission for

Human Services as may be necessary in order to carry out the duties

imposed upon the said Commission by law, provided that expenditures

shall not be made from the Human Services Disbursing Fund to pay any

obligation for which there exists authorization for payment from the

Oklahoma Medical Center Disbursing Fund or the Human Services

Medical and Assistance Fund. Expenditures from the Human Services

Disbursing 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, § 56-604 — OK Code / Title 56 / Section 56-604
Family Support Program - Eligibility criteria
Status: in_force

The Director of the Department of Human Services shall, within

the constraints of funding appropriated to the Department, maintain

a Family Support Program for children with severe developmental

Oklahoma Statutes - Title 56. Poor Persons Page 202

disabilities who reside in their family homes in accordance with the

following criteria:

1. The family member resides with the family;

2. The family resides in the State of Oklahoma;

3. The gross adjusted income of the family for the year

immediately preceding the date of application for the assistance did

not exceed Forty-five Thousand Dollars ($45,000.00);

4. The family is headed by a biological parent, adoptive

parent, or legal guardian of the eligible family member; provided,

however, that if the eligible family member lives with an adoptive

parent or parents who already receive adoption subsidy from any

source on behalf of the applicant, the family cannot receive family

support assistance authorized by this section; and

5. The family or family member does not receive Medicaid Home

and Community-based Waiver Services.
Okla. Stat. tit. 56, § 56-59.1 — OK Code / Title 56 / Section 56-59.1
Income tax check-off for indigent health care - Indigent
Status: in_force

Health Care Revolving Fund.

A. The Oklahoma Tax Commission shall include on each state

individual income tax return form for tax years beginning after

December 31, 2001, an opportunity for the taxpayer to donate from a

tax refund for the benefit of the Oklahoma Indigent Health Care

Fund.

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

fund for the Department of Human Services, to be designated the

"Indigent Health Care Revolving Fund". The fund shall be a

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

consist of all monies received by the Department of Human Services

from:

1. Any state monies appropriated for the purpose of

implementing the provisions of the Oklahoma Indigent Health Care

Act; and

Oklahoma Statutes - Title 56. Poor Persons Page 25

2. Any monies collected pursuant to this section or any other

monies available to the Department of Human Services to implement

the provisions of the Oklahoma Indigent Health Care Act.

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

appropriated and shall be budgeted and expended directly to eligible

clinics by the Department for the purpose of implementing the

Oklahoma Indigent Health Care Act. 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, § 56-605 — OK Code / Title 56 / Section 56-605
Rules and regulations
Status: in_force

The Director of the Department shall promulgate necessary rules

to ensure the proper and efficient operation of the Family Support

Program.
Okla. Stat. tit. 56, § 56-162.1a — OK Code / Title 56 / Section 56-162.1a
Additional names for Department of Human Services and
Status: in_force

Director of Human Services.

Whenever the name of Department of Institutions, Social and

Rehabilitative Services appears in any law contract or other

document it shall be deemed to refer to the Department of Human

Services. Whenever the name of the Commission for Institutions,

Social and Rehabilitative Services, or Director of Institutions,

Social and Rehabilitative Services appears in any law, contract or

other document, it shall be deemed to refer to the Director of Human

Services.
Okla. Stat. tit. 56, § 56-327 — OK Code / Title 56 / Section 56-327
Renumbered as § 1421 of Title 10 by Laws 1982, c. 312, §
Status: in_force

48, emerg. eff. May 28, 1982.

Oklahoma Statutes - Title 56. Poor Persons Page 192
Okla. Stat. tit. 56, § 56-230.77 — OK Code / Title 56 / Section 56-230.77
Delivery system for redemption of vouchers for services
Status: in_force

from faith-based providers.

A. The Department of Human Services shall establish a service

delivery system under the Temporary Assistance for Needy Families

(TANF) Program that provides for redemption of vouchers for TANF

services at participating private faith-based providers and

federally recognized Indian tribes if they are effective and

competitively priced for the results achieved.

B. The vouchers shall be made payable, on behalf of the TANF

recipient, for the provision of TANF services that include, but are

not limited to, subsidized and unsubsidized hourly employment, work

experience, on-the-job training, assisted job search, job readiness

Oklahoma Statutes - Title 56. Poor Persons Page 119

assistance, job skills training, community service, substance abuse

treatment, literacy and adult basic education, vocational-

educational programs and child care.

C. The Department shall establish a procedure whereby a

qualified private faith-based provider that wishes to provide

services to TANF recipients may register with the Department.

D. The Commission for Human Services shall promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 56, § 56-237.8 — OK Code / Title 56 / Section 56-237.8
Order of administrative law judge
Status: in_force

After evidence has been presented at a hearing, the

administrative law judge shall enter a written order which shall

contain findings of fact and conclusions of law as to each contested

issue. The order shall be submitted to the district office and to

the obligor or the attorney of the obligor by certificate of mailing

within twenty (20) days after the conclusion of the hearing.
Okla. Stat. tit. 56, § 56-1011.25 — OK Code / Title 56 / Section 56-1011.25
Coverage for hospice services
Status: in_force

A. As used in this act, "hospice care" means a comprehensive,

holistic program of palliative and/or comfort care and support

provided to the member and his or her family when a physician

certifies that the member has a terminal illness and has a life

expectancy of six (6) months or less.

1. Hospice services must be related to the palliation and

management of the member's illness, symptom control, or to enable

the individual to maintain activities of daily living and basic

functional skills; and

2. Hospice care is performed under the direction of a physician

as per the member's plan of care in an approved hospital hospice

facility, in-home hospice program, or nursing facility.

B. 1. Coverage for hospice services shall be provided to all

Medicaid eligible members.

2. Hospice care eligibility requires physician certification

that the member is terminally ill and includes a medical prognosis

with a life expectancy of six (6) months or less if the illness runs

its normal course. The terminal prognosis also must be supported by

clinical documentation in the medical record.
Okla. Stat. tit. 56, § 56-27.6 — OK Code / Title 56 / Section 56-27.6
Furnishing transportation, tools, equipment and
Status: in_force

supervision.

The state, or federal government, county, city or municipal

corporation utilizing assistance applicants or recipients for work

and labor shall furnish, where necessary, transportation, protective

clothing and necessary tools and equipment for individuals

performing such work or labor and shall take such measures as are

necessary to insure that adequate supervision is provided on all

such programs.
Okla. Stat. tit. 56, § 56-237.9 — OK Code / Title 56 / Section 56-237.9
Administrative law judge authorized to conduct hearings
Status: in_force

by electronic means.

Upon agreement or a showing of hardship by one of the parties,

or upon the court's own motion, the administrative law judge may

conduct administrative hearings telephonically or by other

electronic means.
Okla. Stat. tit. 56, § 56-162.2 — OK Code / Title 56 / Section 56-162.2
Campus police and juvenile officers - Appointment -
Status: in_force

Powers.

The Department of Human Services shall have the authority to

appoint campus police for institutions, county office buildings and

any other buildings and their adjacent grounds under the

jurisdiction of the Department, in the same manner and with the same

powers as campus police appointed by governing boards of state

institutions for higher education under the provisions of Sections

360.11 through 360.14 of Title 74 of the Oklahoma Statutes. The

Department may also appoint and commission juvenile officers to

assist it in maintaining custody of children committed to the

Department, and in making investigations and in prosecuting court

proceedings under the provisions of Sections 233 through 236 of this

title, relating to child support enforcement. Such officers shall

have the powers of peace officers, including the authority to serve

and execute process, bench warrants and other court orders in cases

in which the Department is a party or a participant. Each juvenile

officer shall be required to execute a bond in such form and amount

as may be approved by the Department, the cost thereof to be paid by

the Department.
Okla. Stat. tit. 56, § 56-145 — OK Code / Title 56 / Section 56-145
Provisions when fund is insufficient
Status: in_force

Should the fund herein authorized be sufficient to permit an

allowance to only a part of the persons coming within the provisions

of this law, the county court shall select those cases in most

urgent need of such allowance.
Okla. Stat. tit. 56, § 56-27.2 — OK Code / Title 56 / Section 56-27.2
Rules and regulations
Status: in_force

The Department of Public Welfare is empowered and directed to

adopt such rules and regulations as will make a community work and

training program fair, efficient and workable.
Okla. Stat. tit. 56, § 56-1020 — OK Code / Title 56 / Section 56-1020
Community-based program of services - Administration -
Status: in_force

Gifts.

A. The Director of the Department of Human Services shall,

within the constraints of funding appropriated to the Department,

establish and maintain a community-based program of services that

includes, but is not limited to, establishment of foster care and

supported living arrangements for persons affected by Prader-Willi

Oklahoma Statutes - Title 56. Poor Persons Page 252

syndrome. The purpose of this section of law shall be to improve

the quality of life of persons with developmental disabilities and

to integrate such persons into the mainstream of society by ensuring

availability of community services.

B. The programs established pursuant to this section shall be

administered by the Developmental Disabilities Service Division.

The Commission for Human Services shall promulgate rules for the

operation of community-based programs for persons with developmental

disabilities including, but not limited to, rules regarding the

delivery of:

1. Health-related services. As used in this section, health-

related services means services provided by community services

providers or community services workers to persons with

developmental disabilities, and includes, but is not limited to:

a. personal hygiene,

b. transferring,

c. range of motion,

d. supervision or assistance with activities of daily

living,

e. basic nursing care, such as taking the person's

temperature, pulse or respiration, positioning,

incontinent care, and identification of signs and

symptoms of disease. Certain tasks that may be

performed as basic nursing care by community services

workers require appropriate training provided or

approved by the Department, written agreement by the

service recipient's personal support team, and the

primary care physician's acknowledgment and specific

order related to the task. Under such circumstances,

basic nursing care may include, but need not be

limited to:

(1) nutrition, including meals by gastrostomy tube or

jejunostomy tube,

(2) blood glucose monitoring,

(3) ostomy bag care,

(4) oral suctioning, and

(5) administration of oral metered dose inhalers and

nebulizers;

2. Supportive assistance, which means the service rendered to

persons with developmental disabilities that is sufficient to enable

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

assistance includes, but is not limited to, training and supervision

of persons with developmental disabilities, assistance in

housekeeping, assistance in the preparation of meals, and assistance

in activities of daily living as necessary for the health and

comfort of persons with developmental disabilities; and

Oklahoma Statutes - Title 56. Poor Persons Page 253

3. Safe storage and administration of medications, first aid

treatments and nutrition by oral, rectal, vaginal, otic, ophthalmic,

nasal, skin, topical, transdermal and gastrostomy tube routes by

community service workers who have successfully completed

competency-based training approved by the Department.

C. The Department shall undertake to identify and utilize any

and all federal funding which may be available for such services.

D. The Department is authorized to accept any gift of real or

personal property made for the use or benefit of any program or

services established pursuant to this section. Such gift may only

be utilized for the purpose or purposes for which it is given.

E. The Department shall be the agency responsible for annual

performance audits of community-based services provided through Home

and Community-Based Medicaid Waivers. The Oklahoma Health Care

Authority (OHCA) shall be responsible for auditing claims to confirm

that the services billed by contract providers have been delivered

per requirements from the Centers for Medicare and Medicaid Services

(CMS).
Okla. Stat. tit. 56, § 56-64 — OK Code / Title 56 / Section 56-64
Exemptions from act - Duties of hospitals and clinics -
Status: in_force

Reports and documentation.

A. The Oklahoma Indigent Health Care Act shall not apply to

state or federally operated medical institutions except the State of

Oklahoma Medical Center and the George Nigh Rehabilitation Institute

of the Oklahoma Department of Veterans Affairs.

Hospitals and clinics participating in the Oklahoma Indigent

Health Care Act shall have the following responsibilities:

1. Implement the screening criteria and procedures and comply

with such other eligibility criteria for participation in the

Oklahoma Indigent Health Care Act established pursuant to the

provisions of Section 63 of this title.

2. In addition to or as part of other reports required by law

or by the rules and regulations of the State Board of Health,

annually submit to the State Department of Health reports and data

documenting:

a. the total amount of health care costs incurred by the

hospital or clinic for medical indigents,

b. total patient charges by the hospital or clinic for

medical indigents,

c. the patient mix including, but not limited to, the

number of indigent persons served as measured by

hospital patient days or clinic encounters as

appropriate, and

d. such other information and in such form as may be

required by the State Department of Health pursuant to

the Oklahoma Indigent Health Care Act.

Such documentation shall indicate that the person served or the

party responsible for such person meets the criteria established by

the Oklahoma Indigent Health Care Act. Such documentation shall

also be specific as to the county of residence of the person served.

These records shall be available to the public upon request.

B. Clinics shall submit to the Department of Human Services

necessary information to certify eligible clinic status pursuant to

Section 58 of this title.

C. The State Department of Health shall forward copies of such

documentation to the Department of Human Services as necessary for

use by the Department in determining the eligibility of a hospital

or a clinic for reimbursement pursuant to the provisions of the

Oklahoma Indigent Health Care Act. The State Department of Health

and the Department of Human Services shall cooperate for the purpose

Oklahoma Statutes - Title 56. Poor Persons Page 27

of coordinating the reports and documentation required by the

Oklahoma Indigent Health Care Act, and ensuring the timely

transmission of said reports and documentation between, said

agencies.

D. The State Department of Health may expand or modify the

reporting requirements of hospitals and establish reporting

requirements for clinics as necessary to complete the study required

by Section 66.2 of this title.
Okla. Stat. tit. 56, § 56-330 — OK Code / Title 56 / Section 56-330
Use of monies - Federal funds - Commission as sole state
Status: in_force

agency.

The Commission for Rehabilitation Services shall use such monies

as may be necessary to operate and maintain the State Department of

Rehabilitation Services, and to earn the maximum federal funds

available to this state for vocational rehabilitation and services

to the blind. The Commission shall be the sole agency of the State

of Oklahoma to cooperate with, and to receive and administer grants

and other funds from, the U.S. Department of Education, or any other

federal agency, in programs for the vocational rehabilitation of

disabled persons and for services to the blind.
Okla. Stat. tit. 56, § 56-173 — OK Code / Title 56 / Section 56-173
Assistance inalienable
Status: in_force

All rights to assistance under this act shall be inalienable by

any assignment, sale or transfer; and said assistance shall not be

subject to execution, attachment, garnishment or other process, and

in the case of bankruptcy, the assistance shall not pass to or

through any trustee or any other person acting on behalf of

creditors. Any contract or transfer or assignment or sale made

contrary to the provisions of this act shall be void.

Added by State Question No. 226, Initiative Petition No. 155, § 13,

adopted July 7, 1936.
Okla. Stat. tit. 56, § 56-202 — OK Code / Title 56 / Section 56-202
Payment of premiums
Status: in_force

Premiums on such insurance shall be paid from monies or funds

appropriated for the payment of assistance to the needy aged persons

qualifying for assistance under subsection A of Section 164 of this

title. Monthly claims for such premiums, certified by the

Department of Human Services, shall be filed with the Director of

the Office of Management and Enterprise Services for audit and

settlement prior to being paid on warrants by the State Treasurer.
Okla. Stat. tit. 56, § 56-26.10 — OK Code / Title 56 / Section 56-26.10
Direct relief
Status: in_force

(A) The Oklahoma Department of Institutions, Social and

Rehabilative Services is authorized to maintain a general relief

fund account for direct relief purposes, and monies allocated to

said fund shall be made, upon order of the Oklahoma Department of

Institutions, Social and Rehabilitative Services, direct to the

State Budget Director; the State Treasurer shall thereupon issue his

warrant to credit said funds to the General Relief Account, as

provided herein.

(B) Payments made to eligible clients for direct relief shall be

disbursed to said clients from or through the state office of the

Oklahoma Department of Institutions, Social and Rehabilitative

Services.

(C) No grant made to a client under the provisions of this act

shall be subject to assignment for discount, garnishment, or other

means of final process.

(D) Where a voucher is issued by the Oklahoma Department of

Institutions, Social and Rehabilative Services a copy of the voucher

register shall be furnished the State Treasurer for the purpose of

paying out any money subject to disbursement under direction of the

Oklahoma Department of Institutions, Social and Rehabilitative

Service; any right to payment on such voucher, or to recover

thereon, shall cease after six (6) months from the date of

Oklahoma Statutes - Title 56. Poor Persons Page 15

registration, which registration shall then be cancelled, and any

obligation represented thereby against the funds, or otherwise,

shall then expire.
Okla. Stat. tit. 56, § 56-232 — OK Code / Title 56 / Section 56-232
Public Welfare Commission - Notice and information to
Status: in_force

district attorney.

It shall be the duty of the Oklahoma Public Welfare Commission,

its director, its agents and employees, in all cases where

application is made for aid for neglected and dependent children to

ascertain as to whether or not the need for such aid arises from the

willful desertion or abandonment of said children by the person or

Oklahoma Statutes - Title 56. Poor Persons Page 120

persons obligated by law to provide for said children, and if said

children are willfully abandoned or neglected by the person or

persons required by law to support said children, to report the same

to the district attorney of the county in which said children

reside, and to furnish the district attorney with the names of

witnesses and all information which they may have that the district

attorney may require for the purpose of prosecuting the person or

persons obligated by law to support such children under the criminal

statutes of this state, and to require the applicant to request the

district attorney of the county to file criminal charges against the

person or persons legally responsible for the support of such child

or children, and cooperate fully in prosecuting such charges to

completion when filed by the district attorney, within three (3)

months from the day of application in order to be eligible for

further assistance payments.