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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2299 By: Roberts (Dustin)
AS INTRODUCED
An Act relating to health care; creating the Oklahoma
Medical Education Protection Ac t; defining terms;
requiring certain contracted entities to preserve and
protect reimbursement programs for care of Medicaid
patients at a certain level; prohibiting certain
contracted entities from taking actions that reduce
the number of Medicaid patient s cared for by certain
entities; providing for contract termination in
certain circumstances; providing for reimbursement in
certain cases of contract termination; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3229 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Medical Education Protection Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3230 of Title 63, unless there
is created a duplication in numbering, r eads as follows:
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As used in the Oklahoma Medical Education Protection Act:
1. "Contracted entity" means any entity entering into a
contract with the state or one of its constituent agencies for the
management of Medicaid patients under a managed care cont ract;
2. "Enhanced reimbursement payment program" means any program
directly or indirectly funded by or through the state or any of its
agencies, including but not limited to the Oklahoma Health Care
Authority, or any agency or department of the federal g overnment,
including but not limited to the Centers for Medicare and Medicaid
Services (CMS), for the treatment of Medicaid patients by the health
care professionals or health care worker s affiliated with Oklahoma
State University Center for Health Science s or the University of
Oklahoma Health Sciences Center;
3. "Medical Education" means any training program operated by
the Oklahoma State University Center for Health Sciences or the
University of Oklahoma Health Sciences Center for the training of
health care professionals or health care workers;
4. "Supplemental Payment Program " means any program directly or
indirectly funded by or through the state or any of its agencies ,
including but not limited to the Oklahoma Health Care Authority, or
any agency or department of the federal government, including but
not limited to the Centers for Medicare and Medicaid Services (CMS),
for the training of health care professionals or health care
workers; and
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5. "Teaching hospital", "affiliated hospital", or "hospital
partner" means any hospital utilized by the Oklahoma State
University Center for Health Sciences or the University of Oklahoma
Health Sciences Center for the training of health care professionals
or health care workers.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3231 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. When entering into contract ual arrangements with any entity
for the management of Me dicaid patients, the state or any agency
thereof, the Oklahoma Health Care Authority, or any subsequent state
entity with the authority to reimburse providers for the treatment
of Medicaid patients shall preserve and protect the supplemental
payment programs payable to the Oklahoma State University Center for
Health Sciences or the University of Oklahoma Health Sciences
Center, their teaching hospitals, affiliated hospitals, and hospital
partners. Such preservation and protection shall be prescribed at
the level of reimbursement to be no lower than the highest annual
aggregate payment within the three (3) years prior to the effective
date of this act.
B. When entering into contractual arrangements with any entity
for the management of Medicaid patients, th e state or any agency
thereof, the Oklahoma Health Care Authority, or any subsequent state
entity with the authority to reimburse providers for the treatment
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of Medicaid patients shall preserve and protect the enhanced
reimbursement payment programs payabl e to the Oklahoma State
University Center for Health Sciences or the University of Oklahoma
Health Sciences Center, their teaching hospitals, affiliated
hospitals, and hospital partners. Such preservation and protection
shall be prescribed at the level of reimbursement to be no lower
than the highest annual aggregate payment within the three (3) years
prior to the effective date of this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3232 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. When entering into contractual arrangements with any entity
for the management of Medicaid patients, the state or any agency
thereof, the Oklahoma Health Care Author ity, or any subsequent state
entity with the authority to reimburse providers for the treatment
of Medicaid patients shall preclude the contracted entity from
taking any action that would directly or indirectly reduce the
number of Medicaid patients treate d by the Oklahoma State University
Center for Health Sciences or the University of Oklahoma Health
Sciences Center, their teaching hospitals, affiliated hospitals, or
hospital partners.
B. Any action taken by any entity under contract with the state
or any agency thereof to manage Medicaid patients that directly or
indirectly reduces the number of Medicaid patients treated by the
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Oklahoma State University Center for Health Sciences or the
University of Oklahoma Health Sciences Center, their teaching
hospitals, affiliated hospitals, or hospital partners shall
constitute cause for termination of the managed care contract.
C. Any contract entered into by the state or any agencies
thereof for the management of Medicaid patients shall provide for
the reimbursement by the contracted entity for any lost or decreased
revenues experienced by the Oklahoma State University Center for
Health Sciences or the University of Oklahoma Health Sciences
Center, their teaching hospitals, affiliated hospitals, or hospital
partners as a result of termination pursuant to subsection B of this
section.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RU LES, dated 02/23/2021 - DO PASS.