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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 2971 By: Nichols
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38	38	AS INTRODUCED
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40	40	An Act relating to public health; amending 63 O.S.
41	41	2021, Section 5007, which relates to the Oklahoma
42	42	Health Care Authority Board; modifying member
43	43	qualifications; modifying members ' terms of service;
44	44	amending 63 O.S. 2021, Section 5008, which relates to
45	45	the Administrator of the Oklahoma Health Care
46	46	Authority; modifying Administrator 's qualifications,
47	47	selection process, and term of service; and providing
48	48	an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 63 O.S. 20 21, Section 5007, is
56	56	amended to read as follows:
57	57	Section 5007. A. There is hereby created the Ok lahoma Health
58	58	Care Authority Board which shall consist of the following nine (9)
59	59	members:
60	60	1. Five members appointed by the Governor . Two of the members
61	61	appointed by the Governor shall be consumers and one shall be a
62	62	physician licensed to practice medicin e in the State of Oklahoma ;
63	63	2. Two members appointed by the Speaker of the House of
64	64	Representatives; and
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91	91	3. Two members appointed by the President Pro Tempore of the
92	92	Senate.
93	93	B. Members appointed pursuant to subsection A of this section,
94	94	with the exception of the consumer members, shall include pers ons
95	95	having experience in medical care, health care services, health care
96	96	delivery, health care finance, health insurance, or managed health
97	97	care. Consumer members shall have no financial or professional
98	98	interest in medical care, health care services, heal th care
99	99	delivery, health care finance, health insurance, or managed health
100	100	care. In making the appointments, the appointing authority shall
101	101	also give consideration to urban, rural, gender, and minority
102	102	representation.
103	103	C. Each member shall serve at the pleasure of until the end of
104	104	the term of his or her appointing authority and may be removed or
105	105	replaced without with cause. Any member of the Board shall be
106	106	prohibited from voting on any issue in which the membe r has a direct
107	107	financial interest. The Admini strator of the Oklahoma Health Care
108	108	Authority shall be an ex officio member of the Board, but shall be
109	109	entitled to vote only in case of a tie vote.
110	110	C. D. The Board shall have the power and duty to:
111	111	1. Establish the policies of the Oklahoma Health Care
112	112	Authority;
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139	139	2. Adopt and promulgate rules as necessary and appropriate to
140	140	carry out the duties and responsibilities of the Authority. The
141	141	Board shall be the rulemaking body for the Authority; and
142	142	3. Adopt, publish and submit by January 1 of each year to th e
143	143	Governor, the President Pro Tempore of the Senate, and the Speaker
144	144	of the House of Representatives appropriate administrative policies
145	145	and the business plan for that year. All actions governed by the
146	146	administrative policies and annual business plan shal l be examined
147	147	annually in an independent audit.
148	148	D. E. A majority of the members of the Board shall constitute a
149	149	quorum for the transaction of business and for taking any official
150	150	action. Official action of th e Board must have a favorable vote by
151	151	a majority of the members present.
152	152	E. F. Members appointed pursuant to subsection A of this
153	153	section shall serve without compensation but shall be reimbursed for
154	154	expenses incurred in the performance of their duties in accordance
155	155	with the State Travel Reimbursement Act.
156	156	F. G. The Board and the Authority shall act in accordance with
157	157	the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
158	158	Records Act and the Administrative Procedures Act.
159	159	SECTION 2. AMENDATORY 63 O.S. 20 21, Section 5008, is
160	160	amended to read as follows:
161	161	Section 5008. A. The Administrator of the Oklahoma Health Care
162	162	Authority shall have the training and experience necessary for the
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189	189	administration of the Authority , as determined by the Oklahoma
190	190	Health Care Authority Board, including, but not limited to, prior
191	191	experience in the administration of managed health care . The
192	192	Administrator shall be appointed by the Governor with the advice and
193	193	consent of the Senate and from among three candidates who m the Board
194	194	shall select. The Administrator shall serve at the pleasure of the
195	195	Governor Board and may be removed or replaced without with cause.
196	196	Compensation for the Administrator shall be determined by the
197	197	Governor Board. The Administrator may be removed from office by a
198	198	two-thirds (2/3) vote of the members elected to and constituting
199	199	each chamber of the Legislature.
200	200	B. The Administrator of the Oklahoma Health Care Authority
201	201	shall be the chief executive officer of the Authority an d shall act
202	202	for the Authority in all matters e xcept as may be otherwise provided
203	203	by law. The powers and duties of the Administrator shall include
204	204	but not be limited to:
205	205	1. Supervision of the activities of the Authority;
206	206	2. Formulation and recommendation of rules for approval or
207	207	rejection by the Okl ahoma Health Care Authority Board and
208	208	enforcement of rules and standards promulgated by the Board;
209	209	3. Preparation of the plans, reports and proposals required by
210	210	the Oklahoma Health Care Authority Act, Section 5003 et seq. of this
211	211	title, other reports as necessary and appropriate, and an annual
212	212	budget for the review and approval of the Board;
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239	239	4. Employment of such staff as may be necessary to perform the
240	240	duties of the Authority including but not limited to an attorney to
241	241	provide legal assistance to the Au thority for the state Medicaid
242	242	program; and
243	243	5. Establishment of a contract bidding process which:
244	244	a. encourages competition among entities contracting with
245	245	the Authority for state -purchased and state-subsidized
246	246	health care; provided, however, the Authorit y may make
247	247	patient volume adjustments to any managed care plan
248	248	whose prime contractor is a state -sponsored,
249	249	nationally accredited medical school. The Authority
250	250	may also make education or research supplemental
251	251	payments to state-sponsored, nationally accred ited
252	252	medical schools based on the level of participation in
253	253	any managed care plan by managed care plan
254	254	participants,
255	255	b. coincides with the state budgetary process, and
256	256	c. specifies conditions for awarding contr acts to any
257	257	insuring entity.
258	258	C. The Administrator may appoint advisory committees as
259	259	necessary to assist the Authority with the performance of its duties
260	260	or to provide the Authority with expertise in technical matters.
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287	287	SECTION 3. This act shall become effective November 1, 2022.
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289	289	58-2-8441 AB 09/13/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2971 Compare Versions