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SENATE FLOOR VERSION
March 23, 2021
ENGROSSED HOUSE
BILL NO. 1690 By: Newton and Phillips of the
House
and
Jech of the Senate
An Act relating to public health; amending 63 O.S.
2011, Section 1-713.1, which relates to Federally
Qualified Health Centers; removing the requirement
that the board of directors be considered a public
body and subject to the Oklahoma Open Meeting Act;
removing penalties and reporting requirements for
failure to comply with the Oklahoma Open Meeting Act;
imposing duty on Oklahoma Health Care Authority wit h
respect to certain payments for services; amending 25
O.S. 2011, Section 304, as last amended by Section 1,
Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020, Section
304), which relates to the Oklahoma Open Meeting Act;
modifying definition of public body; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -713.1, is
amended to read as follows:
Section 1-713.1. A. The Legislature finds that:
1. As providers of health care to medically underserved
populations, Federally Qualified Health Centers are extremely
beneficial to the citizens of Oklahoma;
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2. The primary source of funding for Federally Qualifie d Health
Centers is through grants of funds by the Bure au of Primary Health
Care (BPHC) under Section 330 of the Public Health Service Act as
amended by the Health Centers Consolidation Act of 1996;
3. The receipt of federal grants is dependent upon compl iance
with federal statutes, regulations and policies r egarding the
mission, programs, governance, management and financial
responsibilities of such entities; and
4. In addition to federal grant monies, Federally Qualified
Health Centers in Oklahoma recei ve additional monies through the
appropriation of state funds.
B. In an effort to maintain the presence of Federally Qualified
Health Centers in Oklahoma and minimize the possibility of
jeopardizing federal funding for such entities, all Federally
Qualified Health Centers in Oklahoma that receive grants under
Section 330 of the Public Health Service Act shall:
1. Remain in compliance at all times with the federal statutes,
regulations and polices policies governing their existence at 42
U.S.C. 254b, 42 CFR 51c.303, 51c.304 and 51c.305, and BPHC Policy
Information Notice 98-23; and
2. Adhere to bylaws adopted in compliance with the federal
statutes, regulations and polices policies including, but not
limited to, provisions regarding the composition, functi ons and
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responsibilities of boards of directors of Fede rally Qualified
Health Centers.
C. Further, the board of directors of a Federally Qualified
Health Center shall be considered a public body for purposes of the
Oklahoma Open Meeting Act and shall be s ubject to the provisions of
that act, including crimina l penalties provided therein for
violations of that act.
D. Any Federally Qualified Health Center in Oklahoma that fails
to comply with federal statutes, regulations and policies governing
its existence shall be ineligible for state reimbursement for
uncompensated care. Further, the entity shall be ineligible to
receive such state reimbursement if the board of directors fails to
remove, for cause, any board member convicted of a misdemeanor for
violating the provisions of the Oklahoma Open Meeting Act, or any
board member against whom a civil judgment is rendered relating to
that member's service on the board.
E. D. The State Department of Health shall investigate reported
violations of this act and, notwithstanding any other provision,
shall enforce this act by not contracting to reimburse the
uncompensated care costs of any Federally Qualified Health Center
found to be in violation of the provisions of this act. The
Department shall further report a ny violations of federal statutes,
regulations and poli cies related to this act to the Bureau of
Primary Health Care or other appropriate federal funding agency , and
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shall report violations of the Oklahoma Open Meeting Act to the
district attorney in the j urisdiction where the entity is located .
F. E. In order to ensure that Federally Qualified Health
Centers in Oklahoma remain eligible to receive state reimbursement
for uncompensated care under the provisions of this act, the State
Board of Health shall a dopt rules, as it deems necessary and
appropriate, requiring board members of such entities to receive
board member training and establishing certification for entities to
provide such training.
F. The Oklahoma Health Care Authority shall, at all times,
ensure that Federally Qualified Health Centers receive, at a
minimum, payment for services in accordance with Section 1396a(bb)
of Title 42 of the United States Code.
SECTION 2. AMENDATORY 25 O.S. 2011, Section 304, as last
amended by Section 1, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 20 20,
Section 304), is amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
1. "Public body" means the governing bodies of all
municipalities located within this state, bo ards of county
commissioners of the counties in this st ate, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts or any entity created by a public trust, including any
committee or subcommittee compose d of any of the members of a public
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trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
Oklahoma Statutes, task forces or study groups in this state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcommittees of any public body.
Public body shall not incl ude the state judiciary, the Council on
Judicial Complaints when conducting, discussing, or deliberating any
matter relating to a complaint received or filed with the Council,
the Legislature, or administrative staffs of public bodies,
including, but not l imited to, faculty meetings and athletic staff
meetings of institutions of higher education when those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, public body shall not include the
multidisciplinary teams provided for in Section 1-9-102 of Title 10A
of the Oklahoma Statutes and subsection C of Section 1 -502.2 of
Title 63 of the Oklahoma Statutes or any school board meeting for
the sole purpose of considering recommendations of a
multidisciplinary team and deciding the placement of any child who
is the subject of the recommendations. Furthermore, public body
shall not include meetings conducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating at
races or otherwise enforcing rules of the Commission . Furthermore,
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public body shall not include the board of directors of a Federally
Qualified Health Center ;
2. "Meeting" means the conduct of business of a public body by
a majority of its members being perso nally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body w hen no business of the
public body is discussed;
3. "Regularly scheduled meeting " means a meeting at which the
regular business of the public body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly scheduled meet ing or emergency meeting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or personal property or
immediate financial loss when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. "Continued or reconvened meeting" means a meeting which is
assembled for the purpose of finishing business appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
Meeting Act, only matters on the agenda of the previous meeting at
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which the announcement of the continuance is made may be discus sed
at a continued or reconvened meeting;
7. "Videoconference" means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or tech nology and/or technology permitting
both visual and auditory communication between and among members of
the public body and/or between and among members of the public body
and members of the public. During any videoconference, both the
visual and auditory communications functions shall attempt to be
utilized; and
8. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or technology permitting auditory
communication between and among members of the public body and/or
between and among members of the public body and members of the
public.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is he reby
declared to exist, by reason whereof this act shal l take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 23, 2021 - DO PASS