reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-530.4. Application for certificate - Provisional certificate.

A. Beginning January 1, 1994, no adult companion home shall be operated or maintained unless certified by the Department of Human Services. No new adult companion home may be established without the prior approval of the Department, which shall be granted only after the Department is satisfied that such adult companion home will meet known needs for the services proposed to be provided and that the adult companion home will meet minimum standards.
B. An application for a certificate shall be made on forms prescribed by the Department. Before issuing a certificate, the Department shall investigate the activities and standards of care of the applicant and, if satisfied that the applicant meets the requirements as provided in the Oklahoma Adult Companion Home Certification Act, a certificate shall be issued. A provisional certificate may be issued to any applicant whose services are needed but which is temporarily unable to conform to all the rules of the Department. All certificates shall be in force for one (1) year from date of issuance unless sooner revoked as authorized by the Oklahoma Adult Companion Home Certification Act, and shall be reissued annually upon application. A provisional certificate may be in force for not more than one (1) year, unless an emergency exists that, in the discretion of the Department, necessitates an extension thereof.
Added by Laws 1993, c. 159, § 9, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-530.5. Rules.

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.
Added by Laws 1993, c. 159, § 10, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-530.6. Investigations, examinations, and inspections - Authority of state agencies - Confidentiality.

A. The Department of Human Services shall have authority at any reasonable time to investigate and examine the conditions of any home which receives and cares for adults with intellectual or developmental disabilities. The Department shall have authority at any time to require the home to provide information pertaining to adults with intellectual or developmental disabilities in its care.
B. The State Department of Health may visit any home at the request of the Department to advise on matters affecting the health of adults with intellectual or developmental disabilities and to inspect the sanitation of the buildings used for their care.
C. The State Bureau of Investigation and the State Fire Marshal shall visit any home at the request of the Department to advise on matters affecting the safety of adults with intellectual or developmental disabilities and to inspect the condition of the buildings in which their care is provided.
D. Information obtained by the Department from any home regarding adults with intellectual or developmental disabilities shall be deemed confidential, and shall be properly safeguarded, and shall not be accessible to anyone except as herein provided unless upon order of a court of competent jurisdiction.
Added by Laws 1993, c. 159, § 11, eff. July 1, 1993. Amended by Laws 2019, c. 475, § 44, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-530.7. Revocation or refusal to renew certificate - Notice and hearing.

The Department of Human Services may revoke or refuse to renew any certificate issued pursuant to the provisions of the Oklahoma Adult Companion Home Certification Act if the home has violated any of the provisions of the Oklahoma Adult Companion Home Certification Act or the standards promulgated by the Department. No certificate shall be revoked or renewal refused unless the holder of such certificate shall have been given at least thirty (30) days' notice in writing of the grounds of such proposed revocation or refusal. If such revocation or refusal is protested to the Commission for Human Services, in writing, within thirty (30) days of receipt of said notice the Commission, or the Department, shall conduct a hearing at which an opportunity is given to the owner or operator of such home to present testimony and confront witnesses. Notice of such hearing shall be given to said owner or operator of such home by personal service or by delivery to the proper address by registered mail, at least two (2) weeks prior to the date thereof. If notice of the proposed revocation or refusal is not so protested, the certification may thereupon be revoked or renewal thereof refused.
Added by Laws 1993, c. 159, § 12, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-530.8. Appeals - Injunctions - Violations.

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 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.
Added by Laws 1993, c. 159, § 13, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-602. Definitions.

As used in the Oklahoma Family Support Act:
1. "Department" means the Department of Human Services;
2. "Family" means a family member and his or her parent or legal guardian; and
3. "Family member" means a person less than eighteen (18) years of age with developmental or intellectual disability as defined in Section 1408 of Title 10 of the Oklahoma Statutes.
Added by Laws 1992, c. 277, § 2, eff. July 1, 1992. Amended by Laws 2019, c. 475, § 34, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-603. Legislative intent.

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.
Added by Laws 1992, c. 277, § 3, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-604. Family Support Program - Eligibility criteria.

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 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.
Added by Laws 1992, c. 277, § 4, eff. July 1, 1992. Amended by Laws 1997, c. 407, § 19, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-606. Assistance payments.

If an application for family support assistance pursuant to the Oklahoma Family Support Act is approved by the Department of Human Services and Developmental Disabilities Services Division:
1. A family support assistance payment shall be paid to the parent or legal guardian on behalf of a family member and shall be considered a benefit to the family member;
2. The family support assistance payment shall be used to meet the special needs of the family associated with the family member. Except as otherwise provided in the Oklahoma Family Support Act, this assistance payment is intended to complement, not to supplant, public assistance or other social service benefits based on economic need, available through governmental programs;
3. The amount of the family support assistance payment shall be a maximum of Four Hundred Dollars ($400.00) per month. Increases to this amount shall be determined annually by legislative appropriation. In addition, the parent or legal guardian of a family member who is in an out-of-home placement at the time of application may receive a one-time, lump-sum advance payment of twice the monthly family support assistance amount for the purpose of meeting the special needs of the family to prepare for the placement or return of the family member to in-home care.
4. The parent or legal guardian who receives a family support assistance payment shall report, in writing, at least the following information to the Department:
a.
not less than annually, a statement and any supporting documentation requested by the Department that the family support assistance payment was used to meet the special needs of the family,
b.
immediately, if the parent or legal guardian requests termination of the family support assistance,
c.
immediately, upon the occurrence of any event listed in Section 7 of this act.
Added by Laws 1992, c. 277, § 6, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-607. Termination of assistance.

The family support assistance shall terminate if any of the following occurs:
1. The family member dies;
2. The family no longer meets the eligibility criteria referenced in Section 4 of this act;
3. The family member no longer meets the eligibility criteria referenced in Section 4 of this act; and
4. A report required by Section 6 of this act is not timely made or is determined to be false.
Added by Laws 1992, c. 277, § 7, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-608. Hearing upon denial or termination.

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.
Added by Laws 1992, c. 277, § 8, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-625.1. Short title – Purpose - Definitions.

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.
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.
Added by Laws 2000, c. 259, § 1, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-625.2. Statewide Independent Living Council – Contracts for 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.
Added by Laws 2000, c. 259, § 2, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-702. Definitions.

As used in the Volunteer Service Credit Bank Program Act:
1. "Recipient" means a person eligible to receive services whether as a full participant or beneficiary;
2. "Full participant" means a person who is registered by a sponsoring organization to provide services and who receives service credits;
3. "Beneficiary" means a person who acts solely as a recipient and who is made eligible through the transfer of service credits from a donor or sponsor;
4. "Volunteer" means a person who is registered by a sponsoring organization to perform designated tasks for full participants and beneficiaries;
5. "Donor" means a volunteer registered with a sponsoring organization whose earned service credits will be transferred to a recipient or beneficiary;
6. "Sponsor" means an organization or agency which provides recruitment, referral, instructional facilities and support for the Program;
7. "Service credit" means the unit of exchange upon which the Program operates;
8. "Eligible tasks" means those designated activities which, when performed by a volunteer for a recipient, will result in the earning and the use of service credits;
9. "Matching process" means the administrative steps taken to bring an appropriate volunteer into contact with a recipient who has requested services;
10. "Umbrella Agency" means the Department of Human Services, Aging Services Division which will coordinate the statewide Volunteer Service Credit Bank Program, providing policy and procedures, technical assistance and computerization of records;
11. "Volunteer coordinator" means a person responsible for coordinating a sponsor's program activities;
12. "Respite care" means the temporary relief provided to a caregiver who has twenty-four-hour responsibility for a homebound person living either with the caregiver or separately; and
13. "Volunteer service credit bank" means the Program designed by the Division to provide service credits to qualified volunteers who provide in-home services.
Added by Laws 1994, c. 348, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-703. Credit for providing volunteer in-home service.

The Aging Services Division of the Department of Human Services shall establish a program to enable persons to volunteer their time and services to an in-home service or volunteer agency serving the homebound which is approved by the Division and receive credit for providing volunteer in-home service. The credit may then be drawn upon when a volunteer or beneficiary needs such in-home services. Types of services rendered are in-home services which enhance the capacity of the recipient to maintain self-sufficiency and/or improve the recipient's quality of life. No income test shall be used to determine eligibility for service.
The Commission for Human Services shall promulgate rules necessary for the accomplishment of the purpose of the Volunteer Service Credit Bank Program Act.
Added by Laws 1994, c. 348, § 3, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-704. Rulemaking.

The Commission shall promulgate rules regarding:
1. The sponsoring organizations, including but not limited to:
a.
eligibility requirements for certification of local sponsoring organizations,
b.
roles and responsibilities of the sponsoring organizations,
c.
provisions for the sponsoring organizations to establish program contribution procedures,
d.
provisions for liability insurance for the sponsor and volunteers, and
e.
provisions for written policies and procedures regarding confidentiality and recordkeeping;
2. Volunteers, including but not limited to:
a.
types of volunteers and eligibility criteria for same, whether receiving service credits or donating credits to a beneficiary,
b.
procedures for making application to the Program,
c.
training requirements, and
d.
a volunteer code of ethics; and
3. Receiving service credits, including but not limited to:
a.
criteria for receipt of service credits,
b.
the amount of credits to be awarded for different types of service, and
c.
procedures for receiving service and drawing on the credit bank.
Added by Laws 1994, c. 348, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-705. Volunteer Service Credit Bank Program Advisory Council.

A. There is hereby created a Volunteer Service Credit Bank Program Advisory Council appointed by the Director of the Department of Human Services. The Council shall be composed of fifteen (15) members selected for their activity in aging and volunteer programs in Oklahoma. Membership will include, but not be limited to, representation from the State Council on Aging and the Oklahoma Business and Aging Leadership Council, the State ACTION director, an American Association of Retired Persons representative, a health agency professional, a State Unit on Aging staff member, an Area Agency on Aging director and volunteer agency personnel. Other relevant volunteers and/or professionals will be invited to serve as appropriate. The members shall serve without compensation but may be reimbursed for expenses by the Department pursuant to the provisions of the State Travel Reimbursement Act.
B. The Division shall provide professional and clerical staff to perform the designated duties of the Council.
C. The Volunteer Service Credit Bank Program Advisory Council shall have the power and duty to:
1. Serve as the advisory body to the Division for the development and improvement of services to homebound individuals;
2. Advise and consult with the Division on all matters relating to the Volunteer Service Credit Bank Program; and
3. Evaluate and review the rules, practices and procedures regarding the administration and enforcement of the provisions of this act.
Added by Laws 1994, c. 348, § 5, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1005.3. Definitions.

For purposes of this act:
1. "Provider" means a provider of services for compensation;
2. "Affiliate" means an entity which licenses the use of a trademark or other recognized name to the provider, and which exercises control over the use of part or all of the provider's name, or any entity so licensed or controlled; and
3. "Fetal body parts" means tissue or cells obtained from a dead human embryo or fetus.
Added by Laws 2018, c. 202, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1005.4. Violations – Penalties – Investigation.

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 enforcement entities or a party in qui tam litigation from initiating action regarding this section.
Added by Laws 2018, c. 202, § 3, eff. Nov. 1, 2018. Amended by Laws 2021, c. 288, § 1, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1006. Medicaid fraud - Penalties.

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 Two Thousand Five Hundred Dollars ($2,500.00) 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 both such fine and imprisonment.
2. Any person committing Medicaid fraud where the aggregate amount of payments illegally claimed or received is less than Two Thousand Five Hundred Dollars ($2,500.00) 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 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.
Added by Laws 1989, c. 220, § 6, operative July 1, 1989. Amended by Laws 1990, c. 144, § 5, emerg. eff. May 1, 1990; Laws 1997, c. 133, § 501, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 366, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 501 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1007. Additional penalties.

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:
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.
Added by Laws 1989, c. 220, § 7, operative July 1, 1989. Amended by Laws 1990, c. 144, § 6, emerg. eff. May 1, 1990; Laws 1995, c. 306, § 5, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1007.2. Definitions.

As used in the Defunding Statutory Rape Cover-up Act:
1. "Provider" shall mean a provider of services for compensation; and
2. "Affiliate" shall mean an entity which licenses the use of a trademark or other recognized name to the provider, and which exercises control over the use of part or all of the provider's name, or any entity so licensed or controlled.
Added by Laws 2019, c. 239, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1007.3. Eligibility for Medicaid reimbursement – Failure to 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.
Added by Laws 2019, c. 239, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1007.4. Promulgation of rules to investigate complaints.

The Oklahoma Health Care Authority shall promulgate rules to investigate complaints pursuant to the Defunding Statutory Rape Cover-up Act. Nothing in the Defunding Statutory Rape Cover-up Act shall preclude the Oklahoma Attorney General or any district attorney with jurisdiction from prosecuting violations of the Defunding Statutory Rape Cover-up Act.
Added by Laws 2019, c. 239, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1008. Annual report on Medicaid fraud.

The Attorney General shall submit an annual report, due by July 1 of each year, to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Governor and the Secretary of State detailing the number of Medicaid fraud cases investigated and litigated and the amount of monies collected in the previous fiscal year.
Added by Laws 1989, c. 220, § 8, operative July 1, 1989.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1009.1. Short title - Legislative findings.

A. Sections 1 and 2 of this act shall be known and may be cited as the “All Kids Act”.
B. The Legislature finds that, for the economic and social benefit of all residents of the State of Oklahoma, it is important to enable all children of this state to access affordable health insurance that offers comprehensive coverage and emphasizes preventative health care. Numerous studies, including the Institute of Medicine’s report, Health Insurance Matters, demonstrate that lack of insurance negatively affects health status. The Legislature further finds that access to health care is a key component for children’s healthy development and successful education. The effects of lack of insurance also negatively impact those who are insured because the cost of paying for care for the uninsured is shifted to those who have insurance in the form of higher health insurance premiums. A Families USA 2005 report indicates that by 2010, family premiums in Oklahoma will increase by Two Thousand Eleven Dollars ($2,011.00) due to cost-shifting from the uninsured. It is, therefore, the intent of the All Kids Act to provide access to affordable health insurance to all children in Oklahoma.
Added by Laws 2007, c. 318, § 1, emerg. eff. June 4, 2007.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1010.8A. Medicaid Health Improvement Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Health Care Authority to be designated the "Medicaid Health Improvement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received from the premium tax levied on contracted entities under paragraph 2 of subsection A of Section 624 of Title 36 of the Oklahoma Statutes and such other funds as may be provided by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Authority for the following purposes:
1. To supplement the state Medicaid program;
2. To supplement the Supplemental Hospital Offset Payment Program; and
3. To supplement the Rate Preservation Fund created in Section 5020A of Title 63 of the Oklahoma Statutes.
Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2022, c. 395, § 23, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1010.12. Prescriptions for non-sedating antihistamines - Exemption from prior authorization procedures.

Subject to the provisions of subsection B of Section 204 of Title 56 of the Oklahoma Statutes, effective September 1, 1998, children age eighteen (18) or younger may be prescribed non-sedating antihistamines under the state Medicaid plan without prior authorization by the Medicaid Drug Utilization Review Board. Adults age nineteen (19) or older shall continue to be subject to the prior authorization procedures of the Medicaid Drug Utilization Review Board for non-sedating antihistamines.
Added by Laws 1998, c. 392, § 3, eff. Sept. 1, 1998.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1010.13. Representatives of incompetent Medicaid beneficiaries.

A Medicaid beneficiary, including, but not limited to, a beneficiary currently enrolled in a fully or partially capitated managed care delivery model pursuant to the provisions of the Oklahoma Medicaid Healthcare Options System, who is not medically or legally competent may have another person act on the beneficiary’s behalf for purposes of enrollment or reenrollment into any of the managed care delivery models. A person so authorized shall be a member of one of the following classes of persons:
1. An authorized representative pursuant to the provisions of 20 U.S. Code of Federal Regulations, Section 404.2021;
2. The beneficiary’s spouse;
3. The guardian of the person appointed pursuant to the Oklahoma Guardianship and Conservatorship Act;
4. The attorney-in-fact for health care decisions acting pursuant to the provisions of the Uniform Durable Power of Attorney Act or the health care proxy acting pursuant to the provisions of the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act;
5. A child of the beneficiary who is at least eighteen (18) years of age;
6. A parent of the beneficiary; or
7. A brother or sister of the beneficiary who is at least eighteen (18) years of age.
Added by Laws 1999, c. 416, § 1, eff. Nov. 1, 1999. Amended by Laws 2003, c. 2, § 2, emerg. eff. March 17, 2003.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1010.21. Short title – Purpose - Definition.

A. This act shall be known and may be cited as the “Oklahoma Pharmacy Connection Program”.
B. Initial implementation of the program shall target senior citizens and shall utilize the existing toll-free Senior Info-Line telephone number for senior citizen services.
C. The purpose of the Oklahoma Pharmacy Connection Program shall be to improve access to prescription drugs for citizens who have no or inadequate health insurance or other resources for the purchase of medically necessary prescription drugs by:
1. Providing a clearinghouse to assist citizens of this state to access manufacturer-sponsored prescription drug assistance programs for which they are or may be eligible;
2. Disseminating information about and advertising the program that will assist citizens with purchasing prescription drugs at a lower cost;
3. Assisting citizens with accessing pharmaceutical discount or insurance programs that may be of benefit to them;
4. Serving as a resource for pharmaceutical benefit issues; and
5. Implementing additional strategies to assist citizens to access prescription drugs as appropriate.
D. For the purposes of the Oklahoma Pharmacy Connection Program, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which the company provides a drug or drugs to eligible persons at no charge or at a substantially reduced cost. The term does not include the provision of a drug as part of a clinical trial.
Added by Laws 2002, c. 337, § 1, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1010.22. Establishment of program – Services to be offered – Target population.

A. The Department of Human Services shall establish a program through which health care providers and members of the public can obtain information about manufacturer-sponsored prescription drug assistance programs and shall provide such information to pharmacies, physicians and other appropriate health care providers, and to the general public. The Department shall ensure that the program has staff available who can, at a minimum:
1. Determine whether a pharmaceutical program is offered for the drug or drugs;
2. Determine whether a person is eligible for assistance through a pharmaceutical program; and
3. Assist a person to make application to and enroll in a pharmaceutical assistance program.
B. Initial implementation of the program shall target senior citizens and shall utilize the existing toll-free Senior Info-Line telephone number for senior citizen services.
C. The Department shall implement additional strategies, subject to available resources and the recommendations of the Oklahoma Pharmacy Connection Council, to improve access to prescription drugs for citizens who have no or inadequate health insurance or other resources for the purchase of medically necessary prescription drugs.
D. The Department may apply for and accept grants or gifts and may enter into contracts with other state agencies or private organizations to assist with the implementation of the Oklahoma Pharmacy Connection Program including, but not limited to, contracts, gifts or grants from pharmaceutical manufacturers to assist with the direct costs of the program, and take such other action as necessary and appropriate to accomplish the purposes of and implement the provisions of the Oklahoma Pharmacy Connection Program.
E. The Department of Human Services shall notify pharmaceutical companies doing business in Oklahoma of the Oklahoma Pharmacy Connection Program. Any pharmaceutical company that does business in this state and that offers a pharmaceutical assistance program shall notify the Department of Human Services of the existence of the program, the drugs covered by the program, and all information necessary to apply for assistance under the program.
Added by Laws 2002, c. 337, § 2, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.4. Database of clinical utilization information - Needs analysis - Electronic prescribing pilot program.

A. The Oklahoma Health Care Authority shall conduct a needs analysis to design a database of clinical utilization information or electronic medical records for Medicaid providers. This system shall be web-based and allow providers to review on a real-time basis the utilization of Medicaid services including, but not limited to, office visits, inpatient and outpatient hospitalizations, laboratory and pathology services, radiological and other imaging services, dental care, and patterns of dispensing prescription drugs in order to coordinate care and identify potential fraud and abuse. The Oklahoma Health Care Authority shall evaluate and report findings to the Governor and the Legislature by January 1, 2008.
B. The Oklahoma Health Care Authority shall design and implement an electronic prescribing pilot program. The pilot program may include, but is not limited to, providing hardware, software, and connectivity for a limited number of prescribers. The prescribers who participate may be given vouchers for hardware, software, and connectivity, or the Oklahoma Health Care Authority may use direct vendor contracts. The Oklahoma Health Care Authority shall:
1. Within the messaging capabilities of the electronic prescribing system alert prescribers when patients are prescribed multiple drugs that may be duplicative, contraindicated, or have other potential problems related either to other medications or health status of the patient;
2. Track spending trends for prescription drugs and deviation from best-practice guidelines and notify prescribers who consistently fall outside those guidelines, comparing those prescribers who are using the electronic prescribing system to those who are not in order to determine whether the pilot program should be expanded; and
3. In conjunction with disease management programs or other targeted interventions, alert prescribers to patients who fail to refill ongoing or maintenance medication prescriptions in a timely fashion.
C. A report of this pilot program shall be submitted to the Governor and the Legislature no later than eighteen (18) months after the start of the program.
Added by Laws 2006, c. 315, § 4, emerg. eff. June 9, 2006.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.6. Disease management program.

A. The Oklahoma Health Care Authority shall develop a formal program for disease management to improve the quality of care and reduce the cost of care. The Authority is authorized to contract for the development of the program if contracting is more cost effective to the state than developing the program internally. The disease management program may utilize pharmacy services including, but not limited to, Medication Management Therapy. The program may include, but not be limited to, asthma, diabetes, chronic obstructive pulmonary disease, renal disease and/or congestive heart failure.
The disease management program shall consist of:
1. Claims data analysis;
2. Population selection and targeting;
3. Intervention through educational tools for patients and providers and treatment guidelines for physicians;
4. Quality measurements of program structure, performance indicators, and outcome measures; and
5. Reporting of outcome measure data.
B. The Oklahoma Health Care Authority shall evaluate and report findings to the Governor and the Legislature no later than eighteen (18) months after the start of the program.
Added by Laws 2006, c. 315, § 6, emerg. eff. June 9, 2006.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.7. Plan to implement alternatives for long-term care.

The Oklahoma Health Care Authority shall develop and administer a plan for the implementation of alternatives for long-term care. The plan shall include, but not be limited to:
1. The continued development and funding of community-based options throughout the State of Oklahoma;
2. The establishment of a cash and counseling program that focuses on increasing personal responsibility, efficiency in utilization, and consumer satisfaction. The program shall include:
a.
provisions ensuring that existing benefits shall not be terminated or decreased as a result of the development of the cash and counseling program,
b.
provisions ensuring that consumers receive a monthly budget based on the needs of that individual,
c.
authority for consumers to use the budget to obtain personal care services and make home modifications to suit the needs of the individual, and
d.
counselors available to work with consumers to develop and revise individual budgets;
3. The establishment of a program providing for state incentives to Oklahoma citizens for long-term care planning; and
4. Stronger private/public partnerships at the community level in order to address unmet patient needs.
Added by Laws 2006, c. 315, § 7, emerg. eff. June 9, 2006. Amended by Laws 2010, c. 303, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.8. Program to encourage use of primary care services in lieu of emergency room services.

A. The Oklahoma Health Care Authority and the State Department of Health, subject to the availability of funds, may develop and administer a program to encourage the timely and appropriate use of primary care services in lieu of emergency room utilization. The Authority and the Department may collaborate with city-county and county health departments and other relevant stakeholders in the development of the program. The program may include, but not be limited to, the implementation of:
1. Educational strategies to increase health literacy for participants in the Oklahoma Medicaid Program;
2. Technology-based monitoring;
3. Co-payment structures and other payment arrangements; and
4. Other policy proposals to improve the delivery of health care services to Medicaid enrollees.
B. The Oklahoma Health Care Authority may develop a pilot program utilizing state-licensed health care professionals to perform educational interventions with consumers who highly utilize emergency room services or to perform other services to reduce unnecessary emergency room visits.
C. The Oklahoma Health Care Authority shall develop and implement a telephone information health line pilot program under which physicians are available by telephone twenty-four (24) hours a day to answer medical questions and provide health information for the Medicaid population. If the Health Care Authority determines that the pilot program reduces unnecessary emergency room visits and the pilot program demonstrates a net cost-savings, the Health Care Authority shall expand the program into a statewide initiative.
D. The Oklahoma Health Care Authority and the State Department of Health shall evaluate and report findings relevant to the provisions of subsection A of this section to the Governor and the Legislature by January 1, 2019.
Added by Laws 2006, c. 315, § 8, emerg. eff. June 9, 2006. Amended by Laws 2017, c. 322, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.9. Establishment of method to reduce payment error rate - Reporting of errors.

A. 1. The Oklahoma Health Care Authority shall establish a method to deter abuse and reduce errors in Medicaid billing, payment, and eligibility through the use of technology and accountability measures for the Authority, providers, and consumers. The Authority shall achieve a payment error rate measurement of no greater than five percent (5%) by fiscal year 2009. The Oklahoma Health Care Authority shall evaluate and report findings to the Governor and the Legislature.
2. For the purposes of this section, “error rate” means errors based on clearly defined objective documentation standards that are readily available to providers. Training to meet the standards shall be provided on at least an annual basis by the Oklahoma Health Care Authority.
B. 1. If errors are suspected to be the result of fraudulent acts, the errors shall be reported and investigated by the Oklahoma Attorney General.
2. Recoupment of overpayments due to identified errors determined not to be fraudulent and shall occur only after the provider has had the opportunity to exercise the right to an appeal that shall include a hearing conducted by an administrative law judge appointed by the Oklahoma Attorney General. The provider shall have the right to participate in the hearing and to be represented by legal counsel.
C. The Oklahoma Health Care Authority shall evaluate and report findings concerning the limited use of the extrapolation method to the Governor and the Legislature.
Added by Laws 2006, c. 315, § 9, emerg. eff. June 9, 2006. Amended by Laws 2010, c. 375, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.10. Health care benefit waiver for full-time state 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.
Added by Laws 2006, c. 315, § 10, emerg. eff. June 9, 2006.
NOTE: Editorially renumbered from § 1011.10 of Title 63 to provide consistency in numbering.