OK
Oklahoma House Bill HB1690

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1690 Compare Versions

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30+March 23, 2021
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334 BILL NO. 1690 By: Newton and Phillips of the
435 House
536
637 and
738
839 Jech of the Senate
940
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1445 An Act relating to public health; amending 63 O.S.
1546 2011, Section 1-713.1, which relates to Federally
1647 Qualified Health Centers; removing the requirement
1748 that the board of directors be considered a public
1849 body and subject to the Oklahoma Open Meeting Act;
1950 removing penalties and reporting requirements for
2051 failure to comply with the Oklahoma Open Meeting Act;
2152 imposing duty on Oklahoma Health Care Authority wit h
2253 respect to certain payments for services; amending 25
2354 O.S. 2011, Section 304, as last amended by Section 1,
2455 Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020, Section
2556 304), which relates to the Oklahoma Open Meeting Act;
2657 modifying definition of public body; and declaring an
2758 emergency.
2859
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30-SUBJECT: Public health
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3263 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
33-
3464 SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -713.1, is
3565 amended to read as follows:
36-
37-Section 1-713.1 A. The Legislature fi nds that:
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66+Section 1-713.1. A. The Legislature finds that:
3967 1. As providers of health care to medically underserved
4068 populations, Federally Qualified Health Centers are extremely
4169 beneficial to the citizens of Oklahoma;
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4397 2. The primary source of funding for Federally Qualifie d Health
4498 Centers is through grants of funds by the Bure au of Primary Health
4599 Care (BPHC) under Section 330 of the Public Health Service Act as
46-amended by the Health Centers Consolidation Act of 1996; ENR. H. B. NO. 1690 Page 2
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100+amended by the Health Centers Consolidation Act of 1996;
48101 3. The receipt of federal grants is dependent upon compl iance
49102 with federal statutes, regulations and policies r egarding the
50103 mission, programs, governance, management and financial
51104 responsibilities of such entities; and
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53105 4. In addition to federal grant monies, Federally Qualified
54106 Health Centers in Oklahoma recei ve additional monies through the
55107 appropriation of state funds.
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57108 B. In an effort to maintain the presence of Federally Qualified
58109 Health Centers in Oklahoma and minimize the possibility of
59110 jeopardizing federal funding for such entities, all Federally
60111 Qualified Health Centers in Oklahoma that receive grants under
61112 Section 330 of the Public Health Service Act shall:
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63113 1. Remain in compliance at all times with the federal statutes,
64114 regulations and polices policies governing their existence at 42
65115 U.S.C. 254b, 42 CFR 51c.303, 51c.304 and 51c.305, and BPHC Policy
66116 Information Notice 98-23; and
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68117 2. Adhere to bylaws adopted in compliance with the federal
69118 statutes, regulations and polices policies including, but not
70119 limited to, provisions regarding the composition, functi ons and
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71147 responsibilities of boards of directors of Fede rally Qualified
72148 Health Centers.
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74149 C. Further, the board of directors of a Federally Qualified
75150 Health Center shall be considered a public body for purposes of the
76151 Oklahoma Open Meeting Act and shall be s ubject to the provisions of
77152 that act, including crimina l penalties provided therein for
78153 violations of that act.
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80154 D. Any Federally Qualified Health Center in Oklahoma that fails
81155 to comply with federal statutes, regulations and policies governing
82156 its existence shall be ineligible for state reimbursement for
83157 uncompensated care. Further, the entity shall be ineligible to
84158 receive such state reimbursement if the board of directors fails to
85159 remove, for cause, any board member convicted of a misdemeanor for
86160 violating the provisions of the Oklahoma Open Meeting Act, or any
87161 board member against whom a civil judgment is rendered relating to
88162 that member's service on the board.
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90163 E. D. The State Department of Health shall investigate reported
91-violations of this act and, notwithstanding any o ther provision, ENR. H. B. NO. 1690 Page 3
164+violations of this act and, notwithstanding any other provision,
92165 shall enforce this act by not contracting to reimburse the
93166 uncompensated care costs of any Federally Qualified Health Center
94167 found to be in violation of the provisions of this act. The
95168 Department shall further report a ny violations of federal statutes,
96169 regulations and poli cies related to this act to the Bureau of
97170 Primary Health Care or other appropriate federal funding agency , and
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98198 shall report violations of the Oklahoma Open Meeting Act to the
99199 district attorney in the j urisdiction where the entity is located .
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101200 F. E. In order to ensure that Federally Qualified Health
102201 Centers in Oklahoma remain eligible to receive state reimbursement
103202 for uncompensated care under the provisions of this act, the State
104203 Board of Health shall a dopt rules, as it deems necessary and
105204 appropriate, requiring board members of such entities to receive
106205 board member training and establishing certification for entities to
107206 provide such training.
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109207 F. The Oklahoma Health Care Authority shall, at all times,
110208 ensure that Federally Qualified Health Centers receive, at a
111209 minimum, payment for services in accordance with Section 1396a(bb)
112210 of Title 42 of the United States Code.
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114211 SECTION 2. AMENDATORY 25 O.S. 2011, Section 304, as last
115212 amended by Section 1, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 20 20,
116213 Section 304), is amended to read as follows:
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118214 Section 304. As used in the Oklahoma Open Meeting Act:
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120215 1. "Public body" means the governing bodies of all
121216 municipalities located within this state, bo ards of county
122217 commissioners of the counties in this st ate, boards of public and
123218 higher education in this state and all boards, bureaus, commissions,
124219 agencies, trusteeships, authorities, councils, committees, public
125220 trusts or any entity created by a public trust, including any
126221 committee or subcommittee compose d of any of the members of a public
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127249 trust or other legal entity receiving funds from the Rural Economic
128250 Action Plan Fund as authorized by Section 2007 of Title 62 of the
129251 Oklahoma Statutes, task forces or study groups in this state
130252 supported in whole or in part by public funds or entrusted with the
131253 expending of public funds, or administering public property, and
132254 shall include all committees or subcommittees of any public body.
133255 Public body shall not incl ude the state judiciary, the Council on
134256 Judicial Complaints when conducting, discussing, or deliberating any
135257 matter relating to a complaint received or filed with the Council,
136-the Legislature, or administrative staffs of public bodies, ENR. H. B. NO. 1690 Page 4
258+the Legislature, or administrative staffs of public bodies,
137259 including, but not l imited to, faculty meetings and athletic staff
138260 meetings of institutions of higher education when those staffs are
139261 not meeting with the public body, or entry -year assistance
140262 committees. Furthermore, public body shall not include the
141263 multidisciplinary teams provided for in Section 1-9-102 of Title 10A
142264 of the Oklahoma Statutes and subsection C of Section 1 -502.2 of
143265 Title 63 of the Oklahoma Statutes or any school board meeting for
144266 the sole purpose of considering recommendations of a
145267 multidisciplinary team and deciding the placement of any child who
146268 is the subject of the recommendations. Furthermore, public body
147269 shall not include meetings conducted by stewards designated by the
148270 Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
149271 3A of the Oklahoma Statutes when the stewards are officiating at
150272 races or otherwise enforcing rules of the Commission . Furthermore,
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151300 public body shall not include the board of directors of a Federally
152301 Qualified Health Center ;
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154302 2. "Meeting" means the conduct of business of a public body by
155303 a majority of its members being perso nally together or, as
156304 authorized by Section 307.1 of this title, together pursuant to a
157305 videoconference. Meeting shall not include informal gatherings of a
158306 majority of the members of the public body w hen no business of the
159307 public body is discussed;
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161308 3. "Regularly scheduled meeting " means a meeting at which the
162309 regular business of the public body is conducted;
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164310 4. "Special meeting" means any meeting of a public body other
165311 than a regularly scheduled meet ing or emergency meeting;
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167312 5. "Emergency meeting" means any meeting called for the purpose
168313 of dealing with an emergency. For purposes of the Oklahoma Open
169314 Meeting Act, an emergency is defined as a situation involving injury
170315 to persons or injury and damage to public or personal property or
171316 immediate financial loss when the time requirements for public
172317 notice of a special meeting would make such procedure impractical
173318 and increase the likelihood of injury or damage or immediate
174319 financial loss;
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176320 6. "Continued or reconvened meeting" means a meeting which is
177321 assembled for the purpose of finishing business appearing on an
178322 agenda of a previous meeting. For the purposes of the Oklahoma Open
179323 Meeting Act, only matters on the agenda of the previous meeting at
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180351 which the announcement of the continuance is made may be discus sed
181-at a continued or reconvened meeting; ENR. H. B. NO. 1690 Page 5
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352+at a continued or reconvened meeting;
183353 7. "Videoconference" means a conference among members of a
184354 public body remote from one another who are linked by interactive
185355 telecommunication devices or tech nology and/or technology permitting
186356 both visual and auditory communication between and among members of
187357 the public body and/or between and among members of the public body
188358 and members of the public. During any videoconference, both the
189359 visual and auditory communications functions shall attempt to be
190360 utilized; and
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192361 8. "Teleconference" means a conference among members of a
193362 public body remote from one another who are linked by
194363 telecommunication devices and/or technology permitting auditory
195364 communication between and among members of the public body and/or
196365 between and among members of the public body and members of the
197366 public.
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199367 SECTION 3. It being immediately necessary for the preservation
200368 of the public peace, health or safety, an emergency is he reby
201369 declared to exist, by reason whereof this act shal l take effect and
202370 be in full force from and after its passage and approval.
203- ENR. H. B. NO. 1690 Page 6
204-Passed the House of Representatives the 8th day of March, 2021.
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207-
208-
209- Presiding Officer of the House
210- of Representatives
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213-Passed the Senate the 14th day of April, 2021.
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218- Presiding Officer of the Senate
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221-OFFICE OF THE GOVERNOR
222-Received by the Office of the Governor this ____________________
223-day of ___________________, 20_______, at _______ o'clock _______ M.
224-By: ________________ _________________
225-Approved by the Governor of the State of Oklahoma this _________
226-day of ___________________, 20_______, at _______ o'clock _______ M.
227-
228-
229- _________________________________
230- Governor of the State of Oklahoma
231-
232-OFFICE OF THE SECRETARY OF STAT E
233-Received by the Office of the Secretary of State this __________
234-day of ___________________, 20_______, at _______ o'clock _______ M.
235-By: _________________________________
236-
371+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
372+March 23, 2021 - DO PASS