reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-21 - Payment to CEs and DBMs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Capitation rates.
In consideration for all services rendered by a
				  CE or DBM under a contract with the OHCA, the CE and DBM will receive a monthly
				  capitation payment for each Enrollee pursuant to
				  42 C.F.R. §§
											438.3(c),
				  438.4 and any other applicable
				  state and/or federal regulation.
(b)
Capitation reconciliation.
The CE and DBM shall perform monthly reconciliation of enrollment roster data
				  against capitation payments and notify discrepancies to the OHCA on schedule
				  and as defined by the OHCA.
(c)
Denial of payment.
Capitation payments to the CE or DBM will be
				  denied for new Enrollees when, and for so long as, payment for those Enrollees
				  is denied by CMS under 42
				  C.F.R. §
											438.730(e).
				  CMS may deny payment to OHCA for new Enrollees if its determination is not
				  contested timely by the CE. OHCA will define in writing to the CE the
				  conditions for lifting the payment denials.
(d)
Recoupment for Medicare eligible
				  Enrollees.
In the event an Enrollee becomes retroactively Medicare
				  eligible, the CE or DBM shall recover claims payments made to providers during
				  the months of retroactive Medicare eligibility. The CE or DBM shall also notify
				  the provider of the requirement to submit the claim to Medicare for
				  reimbursement. OHCA will recoup the capitation payments paid for months of
				  retroactive Medicare eligibility.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-22 - Value-based purchasing

Current through Vol. 41, No. 20, July 1, 2024
In any contract for managed care services, OHCA may include
					 provisions in which payments OHCA makes to an MCO or DBM are based in whole or
					 in part on quality measures and/or any other performance metric as defined in
					 the contract.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-22 - Payment to providers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Provider
				  payment.
(1) The CE and DBM shall
				  establish rates for participating providers are reasonable to cover access to
				  services.
(2) The CE and DBM shall
				  abide by state and federal requirements related to payment of specific provider
				  types as described in the Contract.
(3) Pursuant to 56 O.S. § 4002.12, the
				  OHCA shall establish minimum rates of reimbursement from CEs to providers who
				  elect not to enter into a value-based payment arrangement or other alternative
				  payment arrangements for health care services rendered to Enrollees.
(4) Applicable exceptions to OAC
				  317:55-5-22(3)
				  can be found at 56 O.S. § 4002.12(I).
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-23 - Special contract provisions related to payment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Federal
				  regulation.
Any special contract provision related to payment, as
				  described at
				  42 C.F.R. §
											438.6, will meet all related standards within
				  the federal regulation.
(b)
Provider payments.
(1) OHCA will
				  establish minimum rates of reimbursement paid by MCOs and DBPs to providers who
				  choose not to enter into value-based payment arrangements for health care items
				  and services furnished by such providers to enrollees.
(A) For participating providers, the
				  reimbursement rate until July 1, 2026, will be equal to or greater than one
				  hundred percent (100%) of the reimbursement rate for the applicable item or
				  service per the applicable OHCA fee schedule.
(B) For non-participating providers and
				  subject to CMS approval as a directed payment or otherwise, the reimbursement
				  rate, until July 1, 2026, will be equal to or greater than ninety percent (90%)
				  of the reimbursement rate for the applicable item or service provided by a
				  non-participating provider per the applicable OHCA fee schedule as of January
				  1, 2021.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-23 - Timely claims filing and processing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timely
				  claims filing.
The CE or DBM shall adjudicate provider claims in
				  accordance with timely filing limits specified in OAC
				  317:30-3-11.
(b)
Timely payment.
The CE or
				  DBM shall meet timely claims payment standards specified in the Contract and
				  42 C.F.R §
											447.45.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-24 - Hospital readmission damages

Current through Vol. 41, No. 20, July 1, 2024
The OHCA will establish a hospital readmission damage
					 program to reduce potentially preventable readmissions. The program will use a
					 nationally recognized tool to establish a base measurement year and a
					 performance year and will provide for risk-adjustment based on the population
					 of the state Medicaid program covered by the MCOs or DBMs. The program will be
					 fully described in the managed care contract so that the program will be
					 founded on contract-current tools, populations, and other
					 factors.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-24 - Hospital readmission damages

Current through Vol. 41, No. 20, July 1, 2024
The OHCA will establish a hospital readmission damage
					 program to reduce potentially preventable readmissions. The program will use a
					 nationally recognized tool to establish a base measurement year and a
					 performance year and will provide for risk-adjustment based on the population
					 of the state Medicaid program covered by the CEs . The program will be fully
					 described in the Contract so that the program will be founded on
					 contract-current tools, populations, and other factors.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-25 - Claims processing and methodology; post payment audits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Claims
				  payment systems.
The MCO or DBM will maintain a claims payment system
				  capable of processing and adjudicating claims for payment in an accurate and
				  timely manner and in full compliance with all State and Federal laws.
(b)
Claim filing.
A claim that
				  is filed by a provider within six (6) months of the date the item or service
				  was furnished will be considered timely, per Oklahoma Administrative Code (OAC)
				  317:30-3-11.
(c)
Clean claims.
The MCO or DBM
				  will process a clean claim within the time frame outlined in 36 O.S. §
				  1219.
(1) The MCO or DBM will ensure that at
				  least ninety percent (90%) of clean claims received from all providers are paid
				  within fourteen (14) days of receipt.
(2) A clean claim that is not processed
				  within the time frame will bear simple interest at the monthly rate of one and
				  one-half percent (1.5%), which is payable to the provider.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-25 - Claims processing and methodology; post payment audits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Claims
				  payment systems.
The CE or DBM will maintain a claims payment system
				  capable of processing and adjudicating claims for payment in an accurate and
				  timely manner and in full compliance with all state and federal laws.
(b)
Claim filing.
A claim that
				  is filed by a provider within six (6) months of the date the item or service
				  was furnished will be considered timely, per OAC317:30-3-11.
(c)
Clean claims.
The CE or DBM
				  will process a clean claim within the time frame outlined in 36 O.S. §
				  1219.
(1) The CE or DBM will ensure that at
				  least ninety percent (90%) of clean claims received from all providers are paid
				  within fourteen (14) days of receipt.
(2) A clean claim that is not processed
				  within the time frame will bear simple interest at the monthly rate of one and
				  one-half percent (1.5%), which is payable to the provider.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 5 - FINANCE › Section 317:55-5-26 - Prohibited payments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Overpayment.
The CE or DBM shall report overpayments to OHCA and
				  promptly recover identified overpayments.
(b)
Suspension of payments.
The
				  CE or DBM shall suspend payments to providers for which the state determines
				  there is a credible allegation of fraud in accordance with the Contract and
				  42 C.F.R. §
											455.23.
(c)
Providers ineligible for
				  payment.
The CE or DBM shall ensure that no Medicaid funds are
				  reimbursed to a provider whose payments are suspended or that has been
				  terminated by the OHCA.
(d)
Provider-preventable conditions.
In accordance with
				  42 C.F.R. §§
											438.3(g),
				  434.6(a)(12)(i)
				  and 447.26(b), the CE
				  or DBM shall not make any payment to a provider for provider-preventable
				  conditions as defined at 42
				  C.F.R. §
											447.26(b). A
				  list of provider-preventable conditions including health care-acquired
				  conditions (HCACs) and other provider-preventable conditions (OPPCs) for which
				  payment shall not be made can be found at OAC
				  317:30-3-62 and
				  30-3-63.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 7 - THE SOONERSELECT QUALITY ADVISORY COMMITTEE › Section 317:55-5-30 - Managed care quality advisory committee

Current through Vol. 41, No. 20, July 1, 2024
(a) The Chief
				  Executive Officer (CEO) of OHCA will establish and appoint members to the MC
				  Quality Advisory Committee (Committee). Committee members serve without
				  compensation and at the pleasure of the CEO. The Committee will consist of:
(1) Participating providers as a majority of
				  the Committee members;
(2)
				  Representatives of hospitals and health systems;
(3) Members of the health care community;
				  and
(4) Members of the academic
				  community with an expertise in health care or other applicable field.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 7 - THE SOONERSELECT QUALITY ADVISORY COMMITTEE › Section 317:55-5-30 - SoonerSelect quality advisory committee

Current through Vol. 41, No. 20, July 1, 2024
(a) The Chief
				  Executive Officer (CEO) of OHCA will establish and appoint members to the
				  SoonerSelect Quality Advisory Committee (Committee). Committee members serve
				  without compensation and at the pleasure of the CEO. The Committee will consist
				  of:
(1) Participating providers as a majority
				  of the Committee members;
(2)
				  Representatives of hospitals and health systems;
(3) Members of the health care community;
				  and
(4) Members of the academic
				  community with an expertise in health care or other applicable
				  field.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 7 - THE SOONERSELECT QUALITY ADVISORY COMMITTEE › Section 317:55-5-31 - Quality scorecard

Current through Vol. 41, No. 20, July 1, 2024
(a) Within one (1)
				  year of beginning steady state operations of any MCP, OHCA will create a
				  quality scorecard, in accordance with 56 O.S. § 4002.11, that compares
				  MCOs to one another and DBMs to one another.
(b) OHCA will provide the most recent
				  quarterly scorecard for initial enrollees during choice counseling.
(c) OHCA will provide the most recent
				  quarterly scorecard to all enrollees at the beginning of each open enrollment
				  period.
(d) OHCA will publish each
				  quarterly scorecard on its website.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 7 - THE SOONERSELECT QUALITY ADVISORY COMMITTEE › Section 317:55-5-31 - Quality scorecard

Current through Vol. 41, No. 20, July 1, 2024
(a) Within one (1)
				  year of beginning steady state operations of any plan, OHCA will create a
				  quality scorecard, in accordance with 56 O.S. § 4002.11, that compares CEs
				  to one another and DBMs to one another.
(b) OHCA will provide the most recent
				  quarterly scorecard for first time Enrollees during choice
				  counseling.
(c) OHCA will provide
				  the most recent quarterly scorecard to all Enrollees at the beginning of each
				  open enrollment period.
(d) OHCA
				  will publish each quarterly scorecard on its website.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 9 - ACCOUNTABLE CARE ORGANIZATIONS › Section 317:55-5-40 - Accountable care organization, no prohibition

Current through Vol. 41, No. 20, July 1, 2024
OHCA will not contract with or otherwise prohibit an MCO or
					 DBM from contracting with a statewide or regional ACO to implement the
					 capitated managed care delivery model of the State Medicaid
					 program.
Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 55 - Managed Care › Subchapter 5 - Requirements for Contracted Entities and Dental Benefits Managers › Part 9 - ACCOUNTABLE CARE ORGANIZATIONS › Section 317:55-5-41 - Accountable care organization, duties

Current through Vol. 41, No. 20, July 1, 2024
(a) Any MCO or DBM that contracts with an ACO
				  will retain full responsibility as to all terms of the MCO's or DBM's managed
				  care contract with OHCA.
(b) The
				  MCO or DBM will track and report quality metrics of any contracted ACO in
				  accordance with the terms of the MCO's or DBM's managed care contract with
				  OHCA.
(c) The MCO or DBM will
				  timely and accurately collect and analyze data related to patient utilization
				  and costs. All such data and analysis will be shared with OHCA.
(d) The MCO or DBM in coordination with the
				  ACO must use collected data to improve quality and target patients for care
				  management interventions and program.
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 25 Ok Reg 58, eff 8-16-07 (emergency); Amended at 25 Ok
				Reg 875, eff 5-15-08
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 18 Ok Reg 1725, eff 5-25-01; Amended at 20 Ok Reg 836,
				eff 5-12-03; Amended at 22 Ok Reg 1172, eff
				5-26-05
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 20 Ok Reg 836, eff 5-12-03; Amended at 25 Ok Reg 875,
				eff 5-15-08
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-6

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 20 Ok Reg 836, eff 5-12-03; Amended at 29 Ok Reg 725,
				eff 7-1-12
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-7

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 20 Ok Reg 836, eff 5-12-03; Amended at 22 Ok Reg 1172,
				eff 5-26-05
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-8

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 18 Ok Reg 1725, eff 5-25-01; Amended at 20 Ok Reg 836,
				eff 5-12-03
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-10

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 20 Ok Reg 836, eff 5-12-03; Amended at 22 Ok Reg 1172,
				eff 5-26-05
Oklahoma Administrative Code › Title 318 - Highway Construction Materials Technician Certification Board › Chapter 10 › Section 318:10-1-11

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2413,
				eff 6-26-00; Amended at 18 Ok Reg 1725, eff 5-25-01; Amended at 20 Ok Reg 836,
				eff 5-12-03; Amended at 22 Ok Reg 1172, eff 5-26-05; Amended at 25 Ok Reg 875,
				eff 5-15-08; Amended at 29 Ok Reg 725, eff
				7-1-12
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 1 - General Provisions › Section 320:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
The
				Legislature recognizes the responsibility of Oklahoma to foster culture and the
				arts and declares that a portion of expenditures for capital projects
				including, but not limited to, bond issues for state construction be set aside
				for the acquisition of works of art to be placed in public construction or on
				public lands.
(b)
The purpose of the Oklahoma Art in Public Places Act is to enhance
				public construction and encourage state cultural
				development.
(c)
The administering agency shall be the Oklahoma Historical Society which
				is authorized to promulgate rules to administer the Oklahoma Art in Public
				Places Act.
[74 O.S., Section 9030.1]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-1 - Division office

Current through Vol. 41, No. 20, July 1, 2024
The office of the Art in Public Places Division shall be
				  located in Oklahoma City.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-2 - Division office hours

Current through Vol. 41, No. 20, July 1, 2024
The office hours of the Art in Public Places Division shall
				  be from 8:00 a.m. to 5:00 p.m. each day except Saturday and Sunday and any
				  legal holiday established by statute or by proclamation of the
				  Governor.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-3 - Communications with the Art in Public Places Division

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing to the Art in Public Places
				  Division shall be addressed to the Director at the office in Oklahoma City,
				  unless otherwise directed.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-4 - Meetings/quorum of the Art in Public Places Division

Current through Vol. 41, No. 20, July 1, 2024
Meetings shall be held at the call of the [Oversight
				  Committee] chair . . . [and] a majority of the members present shall constitute
				  a quorum.
[74 O.S., Section 9030.3]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-5 - Art in Public Places Guidelines

Current through Vol. 41, No. 20, July 1, 2024
The Art in Public Places Division shall establish guidelines
				  to implement the enacting legislation and the mission of the Art in Public
				  Places Act. The Art in Public Places Guidelines will be evaluated and revised
				  as needed. Guidelines can be viewed on the Art in Public Places Web site and
				  copies of the guidelines are available to the public by writing or calling the
				  Division office.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-6 - Availability of Division records, guidelines and policies

Current through Vol. 41, No. 20, July 1, 2024
All rules, regulations, guidelines and other written
				  statements of policy or interpretations formulated, adopted and used by the
				  Division in the discharge of its functions and all final orders and decisions
				  will be made available upon approval of written request to the Division
				  Director.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-7 - Copies of official records

Current through Vol. 41, No. 20, July 1, 2024
Copies of official records of the Art in Public Places
				  Division may be made for $ .25 per page. Any material of the Art in Public
				  Places Division protected from publication by State law shall not be
				  released.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-8 - Officers of the Division

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Oklahoma Historical Society shall
				  be the initial chair of the Committee. The officers of the Committee shall be a
				  chair, a vice-chair, and a secretary elected at the last meeting of each fiscal
				  year. Appointments to fill officer vacancies shall be made by the chair between
				  elections.
[74 O.S., Section 9030.3]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-9 - Oversight Committee

Current through Vol. 41, No. 20, July 1, 2024
(a)
The Oklahoma Historical Society may create an Art in Public Places
				Division to administer the Oklahoma Art in Public Places
				Act.
(b)
There is
				hereby created an Art in Public Places Oversight Committee comprised
				of:
(1)
The Director of the
				Department of Central Services, or designee;
(2)
The Director of the Oklahoma Arts
				Council, or designee;
(3)
The Director of the Oklahoma Historical Society, or
				designee;
(4)
The
				Director of the Department of Transportation, or designee;
(5)
The Chancellor of the Oklahoma
				State Regents for Higher Education or designee;
(6)
One artist appointed by the
				Director of the Oklahoma Arts Council;
(7)
One architect appointed by the
				Director of Central Services;
(8)
One engineer appointed by the
				Director of Central Services; and
(9)
One museum director/curator
				appointed by the Director of the Oklahoma Historical
				Society.
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-10 - Powers and duties of the Oversight Committee

Current through Vol. 41, No. 20, July 1, 2024
[T]
he Oversight Committee is empowered with
				  overseeing each of the following phases of the development and management of
				  the Oklahoma Art in Public Places Act:
(1)
Develop job specifications for a
				Division Director of the Art in Public Places Division, who shall not be
				subject to the Merit System of Personnel Administration;
(2)
Make recommendations for the
				implementation of the Art in Public Places Program to the Director of the
				Oklahoma Historical Society; and
(3)
Develop methods of selection of
				artists, criteria for selection, final approval of site projects, maintenance
				and repair of works of art, and periodic evaluation of the Program.
[74
				O.S., Section 9030.3]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-11 - Conflict of interest of Oversight Committee

Current through Vol. 41, No. 20, July 1, 2024
All voting Oversight Committee members must execute a
				  conflict of interest agreement stating they will refrain from conduct which
				  creates an appearance of impropriety or otherwise impairs their judgment in
				  their oversight of the selection of a site, finalist or artist. If there is a
				  conflict of interest for an Oversight Committee member on a specific project,
				  that committee member will withdraw from participating in discussions,
				  decision-making, or voting on that project.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-12 - Resignation of Oversight Committee members

Current through Vol. 41, No. 20, July 1, 2024
If an appointed Oversight Committee member cannot meet
				  his/her obligations to the Committee, the resignation of that member will be
				  accepted and a replacement will be named as provided by
				  Statute.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-13 - Director

Current through Vol. 41, No. 20, July 1, 2024
The Director shall be employed by the Oklahoma Historical
				  Society. Such other staff as is required shall be employed by the Oklahoma Art
				  in Public Places Director who will assign their duties.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-14 - Eligible projects

Current through Vol. 41, No. 20, July 1, 2024
(a)
All state agencies, including institutions within The Oklahoma State
				System of Higher Education, all state departments, boards, councils, and
				commissions shall allocate, as a nondeductible item out of any expenditures for
				capital projects including, but not limited to, bond issues for state
				construction excluding costs for bond issuance and related reserves, an amount
				of one and one-half percent (1 1/2%) of the expenditure to the Oklahoma
				Historical Society for the purpose of funding the Oklahoma Art in Public Places
				Act.
[74 O.S., Section 9030.5]
(b) This allocation shall be applicable to
				capital projects funded with state monies including those financed by
				appropriations or bonds. The cost of renovation or construction must be
				$250,000 or more and the maximum assessment shall not exceed $500,000. This
				allocation shall be applicable to all state agency capital projects when:
(1) projects are approved by the appointing
				authority after September 1, 2004, by a formally written action of the
				governing board, commission or director as evidenced by official minutes;
				or
(2) projects are approved in
				writing by execution of the initial construction contract on or after July 1,
				2006.
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-15 - Excluded projects

Current through Vol. 41, No. 20, July 1, 2024
Projects not included in the assessment are those that are
				  primarily:
(1) Water
(2) Sewer
(3) ADA or code compliance
(4) Asbestos removal
(5) Public utility projects
(6) Prisons
(7) Data processing purchases which are not
				part of a public construction project
(8) Capital projects of political
				subdivisions of the state
(9)
				Capital projects subject to federal public art laws
(10) Projects that are
solely
roof repair or replacement, HVAC system repair or replacement
(11) Any project deemed an emergency by the
				Department of Central Services and as defined in 61 O.S., Section
				130.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-16 - Appeal procedure

Current through Vol. 41, No. 20, July 1, 2024
Any state institution or agency has the right to appeal to
				  the Art in Public Places Oversight Committee. Said institution or agency must
				  submit a written letter of appeal to the Oversight Committee within thirty (30)
				  days of receiving the decision by the Art in Public Places staff. The letter of
				  appeal must be delivered to the Director at the Art in Public Places office.
				  The Oversight Committee will consider the appeal and make a final determination
				  within thirty days of receipt of the letter of appeal.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-17 - Project agency/duties

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Project agencies
shall allocate, as a nondeductible item out of any
				expenditures for capital projects including, but not limited to, bond issues
				for state construction excluding costs for bond issuance and related reserves,
				an amount of one and one-half percent (1 ½%) of the expenditure to the
				Oklahoma Historical Society for the purpose of funding the Oklahoma Art in
				Public Places Act
[74 O.S., 9030.5]except as provided by the
				Act.
(b) Representatives from the
				Project Agency shall meet with the Art in Public Places Program staff to
				discuss the program and their project at the earliest possible date and shall
				provide the Art in Public Places staff with all pertinent information relative
				to their project as set forth in the Oklahoma Art in Public Places Program
				Guidelines. The Project Agency shall ensure that the project architect and
				general contractor work within the intent of the Art in Public Places program
				as described in the Oklahoma Art in Public Places Program Guidelines.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-18 - Public notification of calls for entries

Current through Vol. 41, No. 20, July 1, 2024
All calls for entries will be posted on the Oklahoma Art in
				  Public Places Web site, Oklahoma Arts Council Web site, other Web sites known
				  for posting public art notices, as appropriate, and if requested, a hard copy
				  will be forwarded to any individual or organization.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-19 - Materials submitted to the Division become property of the State of Oklahoma

Current through Vol. 41, No. 20, July 1, 2024
All materials submitted to the Division may become the
				  property of the State of Oklahoma unless otherwise indicated. Materials may
				  include, but not be limited to, resumes, submissions, drawings, projection
				  slides, CDs, models, maquettes, videos, and publications of any
				  kind.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-20 - Artwork becomes the property of the State of Oklahoma

Current through Vol. 41, No. 20, July 1, 2024
Upon completion of installation and final acceptance,
				  any work of art commissioned
or acquired in accordance with the Art in
				  Public Places Act
shall become property of the State of
				  Oklahoma.
[74 O.S., Section 9030.4] All accepted artwork shall be
				  accessioned into the Oklahoma Public Art Collection.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 3 - General Course and Method of Operating › Section 320:10-3-21 - Prohibition of statements on behalf of the Site Committees or Art in Public Places Oversight Committee

Current through Vol. 41, No. 20, July 1, 2024
Individual members of the Site Committees and the Oversight
				  Committee are not authorized to make statements on behalf of the Art in Public
				  Places Division without prior approval of the Division
				  Director.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-1 - Establishment of site committees

Current through Vol. 41, No. 20, July 1, 2024
(a)
A site committee shall be
				appointed by the appointing authority of the project agency, except for art
				projects on higher education campuses, for each project and, if the project
				involves a facility with more than one agency, a representative from each
				agency shall be appointed.
[74 O.S., Section 9030.4]
(b) For projects on higher education
				campuses, either a committee, appointed by the governing board of the
				institution or the local board of trustees, shall be formed to assume the
				duties of the Site Committee or the board itself can assume those
				responsibilities in addition to their statutory duties as the Oversight
				Committee.
(c)
The site
				committee for the Capitol and the Governor's Mansion shall be the State Capitol
				Preservation Commission.
[74 O.S., Section 9030.4]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-2 - Duties

Current through Vol. 41, No. 20, July 1, 2024
The site committee is charged with making
				  recommendations to the Oversight Committee, selection of the location for the
				  artwork, media for the artwork, artist selection, development of a
				  project-specific educational program for tourism and public school curriculum,
				  and coordination of the dedication ceremony. The site committee shall report
				  back to the Oversight Committee which has final approval authority.
[74 O.S., Section 9030.4]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-3 - Composition of committee

Current through Vol. 41, No. 20, July 1, 2024
Each site committee shall include the Art in Public
				  Places Division Director, the project agency appointing authority or designee,
				  and the project architect. The site committee shall also be comprised of not
				  less than one local arts professional, one local artist, two community
				  representatives, and one art educator who will be appointed by the project
				  agency director.
[74 O.S., Section 9030.4]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-4 - Conflict of interest

Current through Vol. 41, No. 20, July 1, 2024
All voting and nonvoting Site Committee members must execute
				  a conflict of interest agreement stating they will refrain from conduct which
				  creates an appearance of impropriety or otherwise impairs their judgment in the
				  selection of a site, finalist or artist and that they may be asked to withdraw
				  from the Site Committee if they engage in such conduct.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-5 - Quorum

Current through Vol. 41, No. 20, July 1, 2024
A majority of the Site Committee constitutes a quorum. A
				  quorum is required for a vote and decisions will be made by a majority
				  vote.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-6 - Length of service

Current through Vol. 41, No. 20, July 1, 2024
The committee is limited to the duration of the
				  project.
[74 O.S., Section 9030.4]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 5 - Site Committees › Section 320:10-5-7 - Resignation

Current through Vol. 41, No. 20, July 1, 2024
If a committee member cannot meet his/her obligations to the
				  respective committee, the resignation of that committee member will be accepted
				  and a replacement will be named by the project agency
				  director.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 7 - Financial Provisions › Section 320:10-7-1 - Funding by state agencies

Current through Vol. 41, No. 20, July 1, 2024
All state agencies, including institutions within The
				  Oklahoma State System of HigherEducation, all state departments, boards,
				  councils, and commissions shall allocate, as a nondeductible item out of any
				  expenditures for capital projects including, but not limited to, bond issues
				  for state construction excluding costs for bond issuance and related reserves,
				  an amount of one and one-half percent (1 1/2%) of the expenditure to the
				  Oklahoma Historical Society for the purpose of funding the Oklahoma Art in
				  Public Places Act, except as otherwise provided by subsection B of
[74
				  O.S., Section 9030.5]. [74 O.S., Section 9030.5]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 7 - Financial Provisions › Section 320:10-7-2 - Basis of allocation computation

Current through Vol. 41, No. 20, July 1, 2024
(a) For all eligible capital projects subject
				to the Art in Public Places Act as described herein, the Project Agency shall
				set aside 1 ½% of the capital cost of construction and transfer that
				amount to the Oklahoma Historical Society for the use and benefit of the Art in
				Public Places Division as soon as the funds are available and the Total Project
				Budget is known. The basis of the allocation calculation is the Project Cost
				which is the combined cost of design and construction. The cost of land,
				personal property or the cost of issuance of bonds or borrowing money is not
				included in the Project Cost, nor does it include the cost of pre-project
				planning that may be necessary to determine a project budget.
(b) However, the cost of design and
				construction (which together set the Basis of Allocation); the 1 ½%
				allocation for the Art in Public Places; the costs for obtaining funds; the
				cost of any land acquisition, furnishings; moving expenses; and any other
				incidental costs associated with planning, building, moving to and operating a
				new or newly renovated building normally attributed to the Project Budget are
				all included when calculating the Total Project Budget for planning
				purposes.
(c) After the art
				allocation is determined and transferred to the Oklahoma Historical Society for
				the Art in Public Places Division, the amount of that assessment will not
				change unless the scope of the project is materially or substantially changed
				and more state funds are issued or appropriated for the project.
(d) Any state institution or agency has the
				right to appeal to the Art in Public Places Oversight Committee following the
				procedure as set forth in
				320:10-3-16.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 7 - Financial Provisions › Section 320:10-7-3 - Maximum assessment

Current through Vol. 41, No. 20, July 1, 2024
The maximum assessment for any project shall not exceed Five
				  Hundred Thousand Dollars ($500,000.00). This assessment shall not apply to any
				  private donations for a capital project. This allocation shall be applicable to
				  all state agency capital projects when:
(1) projects are approved by the appointing
				authority after September 1, 2004 by a formally written action of the governing
				board, commission or director as evidenced by official minutes; or
(2) projects are approved in writing by
				execution of the initial construction contract on or after July 1,
				2006.
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 7 - Financial Provisions › Section 320:10-7-4 - Allocations to Commissioning of Art in Public Places Revolving Fund

Current through Vol. 41, No. 20, July 1, 2024
Of the assessment provided for in subsection A
				  of
[74 O.S., Section 9030.5]
, four-fifths (4/5) shall be
				  placed in the Commissioning of Art in Public Places Revolving Fund, created in
				  Section 7 of Enrolled Senate Bill No. 1347 of the
				  2
nd
Session of the
				  49
th
Oklahoma
				  Legislature, for the commission of any work of art for the Oklahoma Art in
				  Public Places Act. Institutions within The Oklahoma State System of Higher
				  Education shall remain in complete administrative control of their four-fifths
				  (4/5) assessment pursuant to this subsection for the acquisition of art. The
				  remaining one-fifth (1/5) of the assessment shall be reserved for the Art in
				  Public Places Administrative and Maintenance Revolving Fund created by Section
				  8 of Enrolled Senate Bill No. 1347 of the
				  2
nd
Session of the
				  49
th
Oklahoma
				  Legislature.
[74 O.S., Section 9030.5]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07
Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 7 - Financial Provisions › Section 320:10-7-5 - Art in Public Places Administrative and Maintenance Revolving Fund

Current through Vol. 41, No. 20, July 1, 2024
Monies deposited in the Art in Public Places
				  Administrative and Maintenance Revolving Fund shall be divided equally between
				  the subaccounts in the fund for:
(1)
the maintenance and repair of
				works of art commissioned pursuant to the Oklahoma Art in Public Places Act,
				and
(2)
the
				administrative and educational costs incurred by the Division
. [74
				O.S., Section 9030.5]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07