reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4211. Diving or submerging in body of water - Use of buoys - Operating vessel in diving area.

A. Any person diving or submerging in a body of water with the aid of any mechanical diving or breathing device or suit shall place a buoy with a flag in the water at or near the point of submergence or fly a flag from a vessel indicating divers are present, in the following manner:
1. Either the nationally recognized diver's flag or Alpha flag may be flown;
2. When flown from a vessel, at least one flag shall be flown not less than one (1) meter above the highest point of the vessel and shall be visible from a three-hundred-sixty-degree circle;
3. The buoy, flag or flags shall be in place only while actual diving operations are in progress;
4. No diving buoys may be closer than one hundred (100) yards to any functional boat ramp; and
5. The flag or flags shall be in good condition and legible, and the flag shall be in the extended position so as to be visible to any other vessel.
B. It shall be unlawful for any person to operate a vessel within one hundred fifty (150) feet of a diving buoy except while engaged in the rescue of a person in such area.
Added by Laws 1989, c. 346, § 63, emerg. eff. June 3, 1989. Amended by Laws 1992, c. 284, § 51, eff. Jan. 1, 1993; Laws 1999, c. 9, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4211.1. Inner tubes, air mattresses or floating chairs - Distance from shore restricted.

Inner tubes, air mattresses, floating chairs or similar devices shall not be more than fifty (50) feet from shore when being used by a swimmer.
Added by Laws 1992, c. 284, § 52, eff. Jan. 1, 1993. Amended by Laws 1997, c. 199, § 7, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4213. Placing or disposing of marine sewage in state waters prohibited - Use of total retention marine toilets required.

A. No person shall place or dispose of marine sewage in any waters of this state.
B. On and after July 1, 1995, no person shall operate a vessel equipped with a marine toilet which is not a total retention system in accordance with federal regulations regarding marine toilets.
Added by Laws 1989, c. 346, § 65, emerg. eff. June 3, 1989. Amended by Laws 1990, c. 304, § 13, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 54, eff. Jan. 1, 1993; Laws 1993, c. 321, § 4, emerg. eff. June 7, 1993.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4215. Negligent operation - Liability.

A. The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of the provisions of the statutes of this state, or the violation of any municipal ordinance, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable, however, unless such vessel is being used with his or her express or implied consent. Nothing contained herein shall be construed to relieve any other person from any liability which he or she would otherwise have.
B. The owner of a vessel shall not be liable for any injury or damage occasioned by the negligent operation of the vessel as provided in subsection A of this section if:
1. The owner is engaged in the trade or business of renting or leasing vessels;
2. The owner is in compliance with the Oklahoma Vessel and Motor Registration Act, Section 4001 et seq. of this title;
3. The injury or damage occurred during a period of rental or lease;
4. The owner did not knowingly permit or entrust the vessel to be operated by a reckless or otherwise incompetent operator where the owner knew or should have known that the injury or damage would have occurred; and
5. The owner has:
a.
briefed the renter of the vessel on the location of fire extinguishers and life vests when applicable,
b.
ensured there are enough life vests of the proper size for every passenger on the boat,
c.
presented guidelines to the renter for safely piloting a vessel, and
d.
executed a safety check on lighting, gasoline, oil, and bilge water removal systems.
Added by Laws 1989, c. 346, § 67, emerg. eff. June 3, 1989. Amended by Laws 2017, c. 244, § 1, emerg. eff. May 12, 2017.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4216. Actions against nonresident owners or operators - Service of notice - Venue.

In an action in any court of this state, arising out of injury to person or property caused by any vessel or motor while operating in the waters of this state, including the Oklahoma portion of boundary rivers, or moored in such waters or against shore land in this state, when the owner or operator is a nonresident of this state or a corporation not incorporated under the laws of this state, service of the original notice may be made upon such nonresident owner or operator or upon such foreign corporation in the manner provided in Sections 2004 and 2005 of Title 12 of the Oklahoma Statutes. The venue of such an action shall be the county in which the damage occurred and the presence of such vessel and the doing of said damage within the territory comprising the State of Oklahoma, together with the subsequent removal of said vessel from the jurisdiction of the State of Oklahoma, shall constitute a waiver by the owner or operator thereof of any objection to the venue of such an action commenced in a proper court of this state.
Added by Laws 1989, c. 346, § 68, emerg. eff. June 3, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4217. Abandonment of vessel - Removal.

A. It shall be unlawful to abandon a vessel on the waters of this state or other public property. Any officer of the Department of Public Safety or any other law enforcement agency shall deem a vessel abandoned and shall have authority to remove or direct the removal of a vessel when found upon any portion of the waters of this state or other public property, if, after a period of forty-eight (48) hours, there is no evidence of an apparent owner who intends to remove the vessel. Any law enforcement officer prior to removing such vessel shall attempt to notify the owner of such vessel if the vessel has an identification number registered in this state or if the name and address of the owner is attached to such vessel.
B. If such officer has reasonable cause to believe a vessel has been abandoned in a location which would be hazardous to the free flow of traffic or would be highly susceptible to damage from vandalism or other harm, he shall have authority to remove or direct the removal of the vessel immediately. At the time of ordering the removal of an abandoned vessel, the authorizing officer shall also determine the sale value of the vessel and certify that amount on the removal order.
C. Any officer of the Department of Public Safety is hereby authorized to cause to be removed any vessel found upon the waters of this state or any other public property when:
1. Report has been made that such vessel has been stolen or taken without the consent of its owner;
2. The officer has reason to believe the vessel has been abandoned as defined in this section;
3. The person operating or in control of such vessel is arrested for an alleged offense for which the officer is required by law to take the person arrested or summoned before a proper magistrate without unnecessary delay;
4. At the scene of an accident, when the owner or operator is not in a position to take charge of his vessel and direct or request proper removal; or
5. When a vessel and/or motor registration is thirty (30) days past the date of expiration.
Such officer may ensure the safe removal of said vessel by use of a trailer.
Added by Laws 1989, c. 346, § 69, emerg. eff. June 3, 1989. Amended by Laws 1992, c. 284, § 56, eff. Jan. 1, 1993; Laws 2002, c. 66, § 3.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4217.1. Abandoned vessels – Notice of removal.

Any officer who has removed or directed the removal of any vessel, or an authorized person in the employing agency of the officer, shall within seventy-two (72) hours of the removal notify the Department of Public Safety of the removal. The notice of removal shall contain the name and address of the owner, if known, the make, model, vessel identification number, registration number, date stored, place stored and the estimated value. Upon receipt of such notice of removal, the Department of Public Safety shall promptly request the Oklahoma Tax Commission or other appropriate registering jurisdiction to furnish the name and address of the owner of and any lienholder on the vessel and must within five (5) days from receipt of the requested information send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the Tax Commission or registering jurisdiction, of the location of the vessel. This section shall not be construed to create any civil liability upon the state, any agency of the state or employee thereof for failure to provide notice to the owner or lienholder.
Added by Laws 2002, c. 66, § 4.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4217.2. Abandoned vessels – Contest of removal or storage – Hearing.

A. After the removal or storage of any abandoned or wrecked vessel at the request of a public agency, the registered or legal owner of the vessel, or their agent, may contest the validity of the removal or storage, by filing a written request for a hearing with the public agency. The written request may be filed before or after the vessel is retrieved from the storage operator. The public agency shall not be required to conduct a hearing if the request is received more than ten (10) days following actual or constructive notice to the owner or driver of the vessel that the vessel has been so removed or stored. A hearing shall be scheduled within seventy-two (72) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vessel. The public agency may, with the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by telephone conference call.
The hearing officer shall apply the law to the evidence and make a determination whether the vessel removal and storage was justified. If deemed unjustified, the public agency shall bear the cost of hookup and tow mileage, and the operator shall waive all storage costs in such cases as a condition of eligibility to respond to a service call request from a public agency. The vessel owner or agent shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and storage.
B. Failure of either the registered or legal owner, or their agent, to timely request or to timely appear for a scheduled hearing shall satisfy the hearing requirement of this section.
C. The hearing conducted by the public agency pursuant to this section shall not be governed by the Administrative Procedures Act. The owner of a stored vessel may, either in lieu of such hearing or after such hearing, file a petition in the district court of the county wherein the vessel is stored. The district court is vested with original jurisdiction to conduct a de novo hearing and determine the validity of removal and storage.
D. The provisions of this section shall not apply to the removal of vessels pursuant to Section 954A of Title 47 of the Oklahoma Statutes.
Added by Laws 2002, c. 66, § 5.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4217.3. Abandoned vessels – Regaining possession.

The owner of a vessel or lienholder of the vessel abandoned in violation of Section 4217 of Title 63 of the Oklahoma Statutes, or the owner of any vessel or lienholder of the vessel or insurer of a vessel when the insurer has purchased the vessel as a total loss vessel from the registered owner which shall have been lawfully removed from any waters of this state or other public property may regain possession of the vessel in accordance with rules of the Department of Public Safety upon payment of the reasonable cost of removal and storage of the vessel. The cost of removal and storage shall be paid to the wrecker or towing service. An operator shall release the vessel from storage upon authorization from the owner, agent or lienholder of the vessel or, in the case of a total loss, the insurer of the vessel where the vessel is to be moved to an insurance pool yard for sale.
Added by Laws 2002, c. 66, § 6.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4217.4. Abandoned vessels – Lien – Foreclosure by sale – Notice – Application of proceeds.

A. Every person lawfully in possession of an abandoned vessel shall have a special lien thereon for the compensation due from the owner of such abandoned vessel for all expenses incurred.
B. The lien may be foreclosed by a sale of such abandoned vessel upon giving notice and in the following manner. The notice shall contain:
1. The name of the party bringing action and the name of the owner or any person claiming any interest therein;
2. A full description of the vessel, giving all available information as to the make, year, serial number, registration decal number with year and the state from which the registration was issued;
3. A full statement of all the facts;
4. The amount of the claim, giving a full description of the work, labor, storage or any other costs involved; and
5. The date, time and place of the sale.
The notice shall be posted in three public places in the county in which the vessel is to be sold at least ten (10) days before the time specified therein for such sale, and a copy of said notice shall be mailed to the owner and any other person claiming any interest in the abandoned motor vehicle, at their last-known mailing address, by registered mail on the same date of posting said notice.
C. Proceedings for such sale under this section shall not be commenced until ten (10) days after the lien has accrued.
D. A return of such sale shall be made at the time of sale and proof of posting and mailing of the notice of sale of abandoned vessel.
E. The proceeds from the sale of an abandoned vessel made pursuant to subsection B of this section shall be applied in the following order:
1. To the reasonable cost incurred in the sale of the abandoned vessel;
2. To the satisfaction of the special lien provided for in subsection A of this section;
3. To the satisfaction of any indebtedness secured by a subordinate security interest or lien in the vessel; and
4. To the owner if the owner is known, and if the owner or the address of the owner is not known, to the Oklahoma Tax Commission to be remitted to the State Treasurer and deposited in the General Revenue Fund.
Added by Laws 2002, c. 66, § 7.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4218. Violations - Penalties.

A. Except as otherwise provided by the provisions of this section, any person violating the provisions of the Oklahoma Boating Safety Regulation Act for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed Fifty Dollars ($50.00) for each such violation.
B. Any person who violates Section 4213 of this title for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00).
C. Any person who violates any provision of Sections 4206 through 4212 of this title, for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed One Hundred Dollars ($100.00) for each such violation.
Added by Laws 1989, c. 346, § 70, emerg. eff. June 3, 1989. Amended by Laws 1992, c. 284, § 57, eff. Jan. 1, 1993; Laws 2003, c. 393, § 8, emerg. eff. June 4, 2003.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4219. Nighttime speed limit.

It shall be unlawful for any person to operate any vessel upon the waters of this state which are under the jurisdiction of the Grand River Dam Authority (GRDA), between the hours of one-half hour after sunset and one-half hour before sunrise at any speed in excess of thirty-five (35) miles per hour. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 4, eff. July 1, 1996. Amended by Laws 1997, c. 199, § 9, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4221. Failure to comply with lawful order or directive of law enforcement officer.

No person shall willfully fail or refuse to comply with any lawful order or directive of any law enforcement officer while in the performance of his or her duty of enforcing the provisions of Title 63 or Title 21 of the Oklahoma Statutes. Failure to comply will constitute a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 5, eff. July 1, 1996. Amended by Laws 2004, c. 364, § 5, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4233. Exceptions to certification requirement.

Except as otherwise provided, a person is not required to comply with the certification required by Section 2 of this act if the person:
1. Is not a resident of this state and has proof the person has successfully completed a boating safety education course or equivalency examination in another state or foreign country that is approved by the Department of Public Safety;
2. Is participating in a sanctioned event as defined in Section 4201 et seq. of this title; or
3. Is operating a personal watercraft as defined in Section 4201 et seq. of this title in a no-wake zone while under the supervision of an adult.
Added by Laws 2006, c. 228, § 3, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4234. Unlawful acts regarding certificates.

It shall be unlawful for any person to:
1. Alter, forge, counterfeit or falsify any Boating Safety Education Certificate issued under the laws of this or any other state;
2. Possess a Boating Safety Education Certificate that has been altered, forged, counterfeited or falsified;
3. Lend or to sell to, or knowingly permit the use of by one not entitled thereto, any Boating Safety Education Certificate; or
4. Make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application for a Boating Safety Education Certificate.
Added by Laws 2006, c. 228, § 4, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4235. Violation of certification requirement - Penalties.

A. Any parent, legal guardian or person having actual responsibility for a person under sixteen (16) years of age, or who is the owner of the vessel operated by a person under sixteen (16) years of age, who knows, or should have known, that the person operating the vessel is not in compliance with the certification required by Section 2 of this act shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). Any second or subsequent conviction shall be punishable by a fine in an amount of not less than Two Hundred Fifty Dollars ($250.00), nor more than Five Hundred Dollars ($500.00).
B. A violation of the provisions of Section 2 of this act shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00).
C. All fines collected under this section shall be deposited to the Boating Safety Education Fund administered by the State Boating Law Administrator as designated by the Commissioner of Public Safety for the purpose of establishing, maintaining and operating a program of boating safety education throughout the State of Oklahoma.
D. A court may defer the imposition of a fine and place a defendant on probation for a period not to exceed sixty (60) days if the defendant:
1. Is a first-time violator of a provision of this section;
2. Pleads guilty or nolo contendere or is found guilty;
3. Requests permission from the court to attend a boating safety education course; and
4. Successfully completes a boating safety education course approved by the Department of Public Safety during the probation period.
E. Any person producing proof in court that a valid Boating Safety Education Certificate or equivalent form recognized by the Department of Public Safety reflecting such person has successfully completed a boating safety education course or is exempt from such course was in effect at the time of the alleged offense of Section 2 of this act shall be entitled to dismissal of such charge upon payment of court costs. If such proof is provided within two (2) regular business days after the violation, the charge shall be dismissed without payment of court costs.
Added by Laws 2006, c. 228, § 5, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4236. Boating Safety Education Fund.

There is hereby created in the State Treasury a revolving fund for the Department of Public Safety to be designated the "Boating Safety Education Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fine monies collected pursuant to Section 4235 of this title and any monies contributed to the fund from any other source. All monies accruing to the credit of such fund are hereby appropriated and shall be budgeted and expended by the Department for the exclusive purposes of establishing and maintaining a boating safety education program throughout the State of Oklahoma. Expenditures from such 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.
Added by Laws 2006, c. 228, § 6, eff. Jan. 1, 2007. Amended by Laws 2012, c. 304, § 522.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4252. Definitions.

In addition to the terms defined by the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of Title 63 of the Oklahoma Statutes, and the terms defined by the Oklahoma Boating Safety Regulation Act, Section 4201 et seq. of Title 63 of the Oklahoma Statutes, for the purposes of the Vessel and Motor Chop Shop, Stolen and Altered Property Act:
1. "Chop shop" means any building, lot or other premises where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any vessel or motor, or vessel or motor part known to be illegally obtained by theft, fraud or conspiracy to defraud, in order to either:
a.
alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the hull identification number, manufacturer's serial number or other identification number of such vessel or motor or vessel or motor part, in order to misrepresent the identity of such vessel or motor or vessel or motor part, or to prevent the identification of such vessel or motor or vessel or motor part, or
b.
sell or dispose of such vessel or motor or vessel or motor part; and
2. "Unidentifiable" means that the uniqueness of a vessel or motor or vessel or motor part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in vessel or motor theft investigative procedures and vessel or motor identification examination techniques, or by expert employees of not-for-profit vessel or motor theft prevention agencies specially trained and experienced in vessel or motor theft investigation procedures and vessel or motor identification examination techniques.
Added by Laws 1997, c. 146, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4254. Seizure of property.

A. Any tool, implement, or instrumentality, including, but not limited to, a vessel or motor or vessel or motor part, used or possessed in connection with any violation of Section 3 of this act may be seized by a member of a state or local law enforcement agency when:
1. The seizure is incident to inspection under an administrative inspection warrant;
2. The seizure is incident to a search made under a search warrant;
3. The seizure is incident to a lawful arrest;
4. The seizure is made pursuant to a valid consent to search;
5. The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding, or in an injunction or forfeiture proceeding under Section 6 of this act; or
6. There are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.
B. When property is seized under this section, the seizing agency may:
1. Place the property under seal; or
2. Remove the property to a place selected and designated by the seizing agency.
Added by Laws 1997, c. 146, § 4, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-4257. Criminal proceedings.

In addition to the power of the Attorney General or any district attorney to institute civil proceedings under Section 6 of this act, the Attorney General or any district attorney is empowered to institute criminal prosecutions for a violation of Section 3 of this act in any court of competent jurisdiction.
Added by Laws 1997, c. 146, § 7, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5000.24. Medicaid Buy-In Program.

A. The Oklahoma Health Care Authority, following directives of and upon approval of the Health Care Financing Administration, is directed to implement a Medicaid Buy-In Program for persons with disabilities, if funds become available. Components of such program shall include, but not be limited to:
1. Allowing individuals with disabilities who are sixteen (16) years of age and over, but under sixty-five (65) years of age, and who, except for earned income, would be eligible to receive Supplemental Security Income (SSI) benefits, regardless of whether they have ever received Supplemental Security Income (SSI) cash benefits, the option of purchasing Medicaid coverage that will enable individuals with disabilities to gain and/or maintain employment and reduce their dependency on existing cash benefit programs;
2. Removing work disincentives that inhibit individuals with disabilities from engaging in work that is commensurate with their abilities and capabilities;
3. Developing an infrastructure within and outside state government that supports efforts to enhance employment opportunities for individuals with disabilities; and
4. Ensuring meaningful input in the design, implementation, and evaluation of programs, policies, and procedures developed under such program by individuals with disabilities and other interested parties.
B. The Oklahoma Health Care Authority Board shall promulgate any rules necessary to implement provisions of the Oklahoma Ticket to Work and Work Incentives Improvement Act regarding the Medicaid Buy-In Program.
Added by Laws 2001, c. 365, § 3, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5000.25. Results-based funding pilot project.

A. The Oklahoma Health Care Authority, upon approval of the Health Care Financing Administration, is directed to develop a results-based funding pilot project for eligible persons who participate in the Oklahoma Medicaid program and who are currently receiving outpatient behavioral health services, if funds become available.
B. As used in this section:
1. “Results-based funding” means an approach which emphasizes performance outcome measures, accountability of programmatic results, program results showing cost efficiency and effectiveness for the delivery of such program service, and consumer choice and satisfaction; and
2. "Medicaid" means the medical assistance program established in Title XIX of the Social Security Act, 42 U.S.C.A., Section 1396 et seq., and administered in this state by the Oklahoma Health Care Authority.
Added by Laws 2001, c. 365, § 4, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5003. Legislative declaration - Purpose.

A. The Legislature recognizes that the state is a major purchaser of health care services, and the increasing costs of such health care services are posing and will continue to pose a great financial burden on the state. It is the policy of the state to provide comprehensive health care as an employer to state employees and officials and their dependents and to those who are dependent on the state for necessary medical care. It is imperative that the state develop effective and efficient health care delivery systems and strategies for procuring health care services in order for the state to continue to purchase the most comprehensive health care possible.
B. It is therefore incumbent upon the Legislature to establish the Oklahoma Health Care Authority whose purpose shall be to:
1. Purchase state and education employees' health care benefits and Medicaid benefits;
2. Study all state-purchased and state-subsidized health care, alternative health care delivery systems and strategies for the procurement of health care services in order to maximize cost containment in these programs while ensuring access to quality health care; and
3. Make recommendations aimed at minimizing the financial burden which health care poses for the state, its employees and its charges, while at the same time allowing the state to provide the most comprehensive health care possible.
Added by Laws 1993, c. 332, § 1.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5005. Definitions.

For purposes of the Oklahoma Health Care Authority Act:
1. "Administrator" means the chief executive officer of the Authority;
2. "Authority" means the Oklahoma Health Care Authority;
3. "Board" means the Oklahoma Health Care Authority Board;
4. "Health services provider" means health insurance carriers, pre-paid health plans, hospitals, physicians and other health care professionals, and other entities who contract with the Authority for the delivery of health care services to state and education employees and persons covered by the state Medicaid program; and
5. "State-purchased health care" or "state-subsidized health care" means medical and health care, pharmaceuticals and medical equipment purchased with or supported by state and federal funds through the Oklahoma Health Care Authority, the Department of Mental Health and Substance Abuse Services, the State Department of Health, the Department of Human Services, the Department of Corrections, the Department of Veterans Affairs, other state agencies administering state-purchased or state-subsidized health care programs, the Oklahoma State Regents for Higher Education, the State Board of Education and local school districts.
Added by Laws 1993, c. 332, § 3. Amended by Laws 1997, c. 109, § 1, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5006. Oklahoma Health Care Authority - Creation - Powers and duties - Personnel.

A. There is hereby created the Oklahoma Health Care Authority. The Authority shall have the power and duty to:
1. Purchase health care benefits for Medicaid recipients, and others who are dependent on the state for necessary medical care, as specifically authorized by law;
2. Enter into contracts for the delivery of state-purchased health care and establish standards and criteria which must be met by entities to be eligible to contract with the Authority for the delivery of state-purchased health care;
3. Develop a proposed standard basic health care benefits package or packages to be offered by health services providers, for Medicaid recipients;
4. Study all matters connected with the provision of state-purchased and state-subsidized health care coverage;
5. Develop and submit plans, reports and proposals, provide information and analyze areas of public and private health care interaction pursuant to the provisions of the Oklahoma Health Care Authority Act;
6. Serve as a resource for information on state-purchased and state-subsidized health care access, cost containment and related health issues;
7. Administer programs and enforce laws placed under the jurisdiction of the Authority pursuant to the Oklahoma Health Care Authority Act, and such other duties prescribed by law;
8. Collaborate with and assist the Insurance Commissioner in the development of a Uniform Claim Processing System for use by third-party payors and health care providers;
9. Collaborate with and assist the State Department of Health with the development of licensure standards and criteria for pre-paid health plans; and
10. Exercise all incidental powers which are necessary and proper to carry out the purposes of the Oklahoma Health Care Authority Act.
B. All positions within the Authority shall be unclassified until approval of the annual business and personnel plan submitted by January 1, 1995, by the Governor and the Legislature. In the annual business plan submitted January 1, 1995, the Board shall include a personnel plan which shall list, describe and justify all unclassified positions within the Authority and their compensation. All other employees and positions shall be classified and subject to the provisions of the Merit System of Personnel Administration as provided in the Oklahoma Personnel Act.
Added by Laws 1993, c. 332, § 4. Amended by Laws 1995, c. 204, § 6, eff. July 1, 1995; Laws 1999, c. 87, § 1, emerg. eff. April 13, 1999.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5007. Oklahoma Health Care Authority Board.

A. There is hereby created the Oklahoma Health Care Authority Board which shall consist of the following nine (9) members:
1. Five members appointed by the Governor;
2. Two members appointed by the Speaker of the House of Representatives; and
3. Two members appointed by the President Pro Tempore of the Senate.
B. Each member shall serve at the pleasure of his or her appointing authority and may be removed or replaced without cause. Any member of the Board shall be prohibited from voting on any issue in which the member has a direct financial interest. The Administrator of the Oklahoma Health Care Authority shall be an ex officio member of the Board, but shall be entitled to vote only in case of a tie vote.
C. The Board shall have the power and duty to:
1. Establish the policies of the Oklahoma Health Care Authority;
2. Adopt and promulgate rules as necessary and appropriate to carry out the duties and responsibilities of the Authority. The Board shall be the rulemaking body for the Authority; and
3. Adopt, publish and submit by January 1 of each year to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives appropriate administrative policies and the business plan for that year. All actions governed by the administrative policies and annual business plan shall be examined annually in an independent audit.
D. A majority of the members of the Board shall constitute a quorum for the transaction of business and for taking any official action. Official action of the Board must have a favorable vote by a majority of the members present.
E. Members appointed pursuant to subsection A of this section shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
F. The Board and the Authority shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the Administrative Procedures Act.
Added by Laws 1993, c. 332, § 5. Amended by Laws 1994, c. 282, § 2, eff. July 1, 1994; Laws 1995, c. 98, § 1, eff. July 1, 1995; Laws 1995, c. 204, § 7, eff. July 1, 1995; Laws 1998, c. 143, § 1, eff. July 1, 1998; Laws 2002, c. 375, § 13, eff. Nov. 5, 2002; Laws 2019, c. 9, § 1, emerg. eff. March 13, 2019.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5007.1. Oklahoma Medicaid Accountability and Outcomes Act.

A. This act shall be known and may be cited as the "Oklahoma Medicaid Accountability and Outcomes Act".
B. 1. Subject to the availability of funds, the Joint Legislative Oversight Committee for the Oklahoma Health Care Authority shall enter into a contract for a study of the Oklahoma Medicaid Program. The contract shall be executed with an organization having nationally recognized expertise in the area of health care and health care service delivery.
2. The study shall include the entire Oklahoma Medicaid Program, including the Medicaid managed care programs and services delivered pursuant to the Oklahoma Medicaid Program Reform Act of 2003.
3. The purpose of the study shall be to evaluate access to care, health care outcomes, and the quality and cost of health care and related services delivered through the Oklahoma Medicaid Program.
4. A report of the study and findings shall be made to the Oklahoma Health Care Authority Board, the Governor, and the appropriate committees of the Oklahoma State Senate and the Oklahoma House of Representatives.
Added by Laws 2002, c. 489, § 1, eff. Nov. 1, 2002. Amended by Laws 2003, c. 464, § 9, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5008. Administrator - Qualifications - Status - Powers and duties - Contract bidding process - Advisory committees.

A. The Administrator of the Oklahoma Health Care Authority shall have the training and experience necessary for the administration of the Authority. The Administrator shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor and may be removed or replaced without cause. Compensation for the Administrator shall be determined by the Governor. The Administrator may be removed from office by a two-thirds (2/3) vote of the members elected to and constituting each chamber of the Legislature.
B. The Administrator of the Oklahoma Health Care Authority shall be the chief executive officer of the Authority and shall act for the Authority in all matters except as may be otherwise provided by law. The powers and duties of the Administrator shall include but not be limited to:
1. Supervision of the activities of the Authority;
2. Formulation and recommendation of rules for approval or rejection by the Oklahoma Health Care Authority Board and enforcement of rules and standards promulgated by the Board;
3. Preparation of the plans, reports and proposals required by the Oklahoma Health Care Authority Act, Section 5003 et seq. of this title, other reports as necessary and appropriate, and an annual budget for the review and approval of the Board;
4. Employment of such staff as may be necessary to perform the duties of the Authority including but not limited to an attorney to provide legal assistance to the Authority for the state Medicaid program; and
5. Establishment of a contract bidding process which:
a.
encourages competition among entities contracting with the Authority for state-purchased and state-subsidized health care; provided, however, the Authority may make patient volume adjustments to any managed care plan whose prime contractor is a state-sponsored, nationally accredited medical school. The Authority may also make education or research supplemental payments to state-sponsored, nationally accredited medical schools based on the level of participation in any managed care plan by managed care plan participants,
b.
coincides with the state budgetary process, and
c.
specifies conditions for awarding contracts to any insuring entity.
C. The Administrator may appoint advisory committees as necessary to assist the Authority with the performance of its duties or to provide the Authority with expertise in technical matters.
Added by Laws 1993, c. 332, § 6. Amended by Laws 1994, c. 382, § 46, eff. Sept. 1, 1994; Laws 1995, c. 1, § 21, emerg. eff. March 2, 1995; Laws 1995, c. 330, § 1, emerg. eff. June 8, 1995; Laws 1996, c. 3, § 11, emerg. eff. March 6, 1996; Laws 2019, c. 9, § 2, emerg. eff. March 13, 2019.
NOTE: Laws 1994, c. 282, § 3 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1995, c. 204, § 8 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5009. Administration of Oklahoma Medicaid Program.

A. On and after January 1, 1995, the Oklahoma Health Care Authority shall be the designated state agency for the administration of the Oklahoma Medicaid Program.
1. The Authority shall contract with the Department of Human Services for the determination of Medicaid eligibility and other administrative or operational functions related to the Oklahoma Medicaid Program as necessary and appropriate.
2. To the extent possible and appropriate, upon the transfer of the administration of the Oklahoma Medicaid Program, the Authority shall employ the personnel of the Medical Services Division of the Department of Human Services.
3. The Department of Human Services and the Authority shall jointly prepare a transition plan for the transfer of the administration of the Oklahoma Medicaid Program to the Authority. The transition plan shall include provisions for the retraining and reassignment of employees of the Department of Human Services affected by the transfer. The transition plan shall be submitted to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives on or before January 1, 1995.
B. In order to provide adequate funding for the unique training and research purposes associated with the demonstration program conducted by the entity described in paragraph 7 of subsection B of Section 6201 of Title 74 of the Oklahoma Statutes, and to provide services to persons without regard to their ability to pay, the Oklahoma Health Care Authority shall analyze the feasibility of establishing a Medicaid reimbursement methodology for nursing facilities to provide a separate Medicaid payment rate sufficient to cover all costs allowable under Medicare principles of reimbursement for the facility to be constructed or operated, or constructed and operated, by the organization described in paragraph 7 of subsection B of Section 6201 of Title 74 of the Oklahoma Statutes.
Added by Laws 1993, c. 332, § 7. Amended by Laws 1994, c. 282, § 4, eff. July 1, 1994; Laws 1995, c. 1, § 22, emerg. eff. March 2, 1995; Laws 1997, c. 292, § 11, eff. July 1, 1997; Laws 2000, c. 343, § 1, emerg. eff. June 6, 2000; Laws 2003, c. 464, § 10, eff. July 1, 2003; Laws 2004, c. 378, § 3, emerg. eff. June 3, 2004; Laws 2022, c. 395, § 21, eff. July 1, 2022.
NOTE: Laws 1994, c. 103, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5009.1. Oklahoma Health Care Authority - Acceptance of federal grants - Appropriations in advance.

A. 1. The Oklahoma Health Care Authority may accept grants from the federal government of monies or services for the purpose of augmenting any assistance program or other program within the jurisdiction of the Authority or to reimburse the state for any such assistance payments.
2. The Authority shall comply with the requirements of any federal agency governing the federal grants in any manner not inconsistent with the Constitution and laws of this state.
B. The Authority may make apportionments in advance of funds under its control, in accordance with the requirements of the federal government, when such funds are to be matched in whole or in part by federal funds; provided, the provisions of this subsection shall not authorize the Authority to make apportionments in advance of such funds in violation of any constitutional or statutory restrictions or provisions.
Added by Laws 1996, c. 177, § 1, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5009.4. Advisory Task Force on SoonerCare – Duties.

A. The duties of the Advisory Task Force on SoonerCare shall include:
1. Addressing methods of educating SoonerCare members regarding access to and proper utilization of emergency medical services provided by hospitals and other health care providers;
2. Reviewing the eligibility determination process of the Department of Human Services to ensure accuracy on physician assignments and adequacy of education regarding availability of and access to services;
3. Reviewing issues related to notification of participants by contracting providers as a condition of payment;
4. Actively promoting equitable reimbursement rates for emergency room screening; and
5. Addressing patient and provider educational endeavors necessary for expansion of SoonerCare to the Aged, Blind and Disabled and Title XXI populations.
B. The Task Force shall make recommendations to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than January 31, 2001.
Added by Laws 1999, c. 32, § 2, emerg. eff. April 5, 1999.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-5009.6. Diabetes self-management training report.

A. The Oklahoma Health Care Authority shall examine the feasibility of a state plan amendment to the Oklahoma Medicaid Program for diabetes self-management training (DSMT).
B. By December 1, 2018, the Authority shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor estimating the potential costs to the state, clinical findings, reviews of pilot projects and research from other states on the effects of DSMT on persons with a diabetes diagnosis.
C. Beginning July 1, 2019, and subject to the availability of funding, the Authority shall draft a state plan amendment for DSMT for persons with a diabetes diagnosis. The provisions of this subsection shall only apply if the report required by subsection B of this section demonstrates DSMT to be evidence-based and essential to qualifying participants in the Oklahoma Medicaid Program.
D. As used in this section, "diabetes self-management training (DSMT)" means the process of facilitating the knowledge, skill and ability necessary for diabetes self-care. This process requires incorporating the patient's unique needs and experiences into an individualized education and support plan that promotes new behaviors and solutions, including, but not limited to, healthy eating, physical activity, self-monitoring and medication use.
Added by Laws 2018, c. 34, § 1, eff. Nov. 1, 2018.