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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 3826 By: Newton
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38	38	AS INTRODUCED
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40	40	An Act relating to vision insurance; amending 74 O.S.
41	41	2021, Section 1374, which relates to vision plans;
42	42	requiring maximum amount for bond surety plans in
43	43	vision plans; and providing an effective date .
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 74 O.S. 2021, Section 1374, is
52	52	amended to read as follows :
53	53	Section 1374. A. For the plan year beginning January 1, 201 7,
54	54	and for each year thereafter, it shall be the responsibility of the
55	55	Office of Management and Enterprise Services to offer vision plans
56	56	to participants during the open enrollment per iod. Providers of
57	57	plans eligible for selection shall submit information requested by
58	58	the Office of Management and Enterp rise Services. For the plan year
59	59	beginning January 1, 2022, and for each year thereafter, the Office
60	60	of Management and Enterprise Serv ices shall have the authority to
61	61	renew vision plan contracts with plan p roviders for succeeding one -
62	62	year terms if the pro vider had a contract for the immediately
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89	89	preceding year. The Office of Management and Enterprise Services
90	90	may, at its discretion, requ ire the provider to submit inf ormation
91	91	including, but not limited to, ra te schedules, contact information
92	92	for the plan, policy limits and applicable deductibles and billing
93	93	practices of the plan prior to the renewal. Plans eligible for
94	94	selection shall meet or exceed the following crit eria:
95	95	1. Has in place a statewide network of at least one hundred
96	96	fifty providers. "Providers", for purposes of this section, means
97	97	Optometrists (OD), Ophthalmologists (MD), and Ophthalmologists (DO)
98	98	which shall be counted o nce regardless of the number o f locations
99	99	where they may practice. Opti cal shops and retail optical locations
100	100	shall not be listed as providers. The company offering the vision
101	101	plan must have a direct relationship with each provider on its
102	102	panel, and may not lease, borrow, or otherwis e obtain use of a
103	103	provider panel from anot her company. This would not prevent a
104	104	company from offering its plan through one corporate entity and
105	105	administering the plan or provider panel through another legal
106	106	entity of the same organization so long as the e ntity receiving
107	107	premiums remains legally r esponsible for the payment of benefits.
108	108	Providers must be actively engaged in providing the services offered
109	109	under the vision plan they represent;
110	110	2. Has operated in Oklahoma for at least five (5) years;
111	111	provided, that an immediately prior operation in O klahoma of a
112	112	nonsurviving corporation that merges into an affiliated corporation
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139	139	shall be counted in determining whether the surviving corporation
140	140	has operated a plan in Oklahoma for f ive (5) years;
141	141	3. Is properly licensed, registered, certified or author ized to
142	142	operate its business in this state by the Insurance Department.
143	143	Vision plans must be offered by the company administering the plan,
144	144	not by an agent or third party. A company shall offer only one
145	145	vision plan and rate schedule for each plan year;
146	146	4. Presents accurate product information in a rep roducible
147	147	format not to exceed two pages; and
148	148	5. Vision plans must provide an examination, frames and lenses,
149	149	and/or contact lenses an d some form of indemnified pay ment to the
150	150	contracted providers for each component of the benefits, i.e., the
151	151	exam, frames and lenses and/or contact lenses. This does not
152	152	eliminate discounted supplementary benefits under a qualified plan,
153	153	so long as such benefits pertain to vision care .
154	154	B. Any administrative fees imposed by t he Office of Management
155	155	and Enterprise Services s hall be applied equally to all qualified
156	156	vision plans. There shall be no additional requirements imposed on
157	157	a vision plan other than t he proper licensing, certifica tion or
158	158	authorization to operate its busin ess by the Oklahoma Insurance
159	159	Department.
160	160	C. No more than two Oklahoma -based vision care benefits
161	161	companies that meet the criteria as specified in subsection A of
162	162	this section and no more than two out-of-state vision care benefits
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189	189	companies that meet the criteria as specified in subsection A of
190	190	this section shall be offered as vendors for enrollment in any state
191	191	employee benefit offering. For purposes of this subsection, an
192	192	"Oklahoma-based vision care benefits com pany" shall be defined as
193	193	follows:
194	194	1. A vision care benefits company that has a home offic e,
195	195	customer service and administration located within the State of
196	196	Oklahoma and is subject to Oklahoma state income taxes; or
197	197	2. A vision care benefits company that has a majority of
198	198	ownership interest held either directly or indirectly by residents
199	199	of the State of Oklahoma and is subject to Oklahoma state income
200	200	taxes.
201	201	D. In the event the number of vision companies submitting
202	202	offerings exceeds the amount permitted under subsection C of this
203	203	section, the Office of Management and Enterprise Services shall have
204	204	the authority to reject excess offerings based upon failures to meet
205	205	bid requirements or for providing lesser value for the State of
206	206	Oklahoma.
207	207	E. The maximum insurance requirement allowed by a state age ncy
208	208	or entity for vision care benefits compani es shall not exceed One
209	209	Million Dollars ($1,000,000.00).
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236	236	SECTION 2. This act shall become effective November 1, 2022.
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238	238	58-2-10269 KN 01/20/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3826 Compare Versions