An Act
ENROLLED SENATE
BILL NO. 1074 By: Thompson and Hall of the
Senate
and
Wallace and Martinez of the
House
An Act relating to the Oklahoma Health Care
Authority; requiring that portions of certain
appropriated funds be used for certain pu rposes;
directing Oklahoma Health Care Authority to implement
enhanced payment for certain intermediate care
facilities for individuals with intellectual
disabilities; stating purpose; specifying that
payment is additional to other reimbursement;
directing Authority to develop qualification criteria
and determine payment methodology; requiring
Authority to seek necessary federal approval ;
providing for promulg ation of rules; providing for
duties and compensation of employees; authorizing
payment of certain expenses; authorizing certain
transfers; requiring certain transf ers; authorizing
certain early transfer requests; authorizing the
exemption of unanticipated federal funds from
expenditure and budgetary limitations; providing
procedures; requiring certain budget procedures;
prohibiting certain budget procedures; and pro viding
lapse dates.
SUBJECT: Oklahoma Health Care Authority
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. From the funds appropriated to the Oklahoma Health
Care Authority in Enrolled Senate Bill No. 1040 of the 2nd Session
ENR. S. B. NO. 1074 Page 2
of the 58th Oklahoma Legi slature, the sum of Twenty-four Million
Four Hundred Thousand Six Hundred Fifty-eight Dollars
($24,400,658.00) shall be used to replace funding no longer
available due to the reduction of federal matching dollars.
SECTION 2. From the funds appropria ted to the Oklahoma Health
Care Authority in Enrolled Senate Bill No. 1040 of the 2nd Session
of the 58th Oklahoma Legislature, the sum of Fifty-three Million
Seventy-nine Thousand One Hundred Sixty-two Dollars ($53,079,162.00)
shall be used for the maintenance of programs including but no t
limited to program gro wth.
SECTION 3. From the funds appro priated to the Oklahoma Health
Care Authority in Enrolled Senate Bill No. 1040 of the 2nd Session
of the 58th Oklahoma Legislature, the sum of Three Million Twenty-
seven Thousand Nine Hundred Seventy-seven Dollars ($3,027,977.00)
shall be used for program enhancements.
SECTION 4. A. From the funds appro priated to the Oklahoma
Health Care Authority in Enrolled Senate Bill No. 1040 of the 2nd
Session of the 58th Oklahoma Legislature, the Oklahoma Health Care
Authority shall implement an enhanced payment for intermedia te care
facilities for individuals with int ellectual disabilities (ICFs/IID)
that provide vocational services or day program services or both .
The purpose of the enhanced payment shall be to offset costs
incurred by the ICFs/IID in providing vocational services or day
program services or both.
B. The enhanced payment shall be in addition to all other
reimbursement from the Authority . The Authority shall develop
qualification criteria and determine payment methodology.
C. The Authority shall seek any fed eral approval necessary to
implement the provisions of this section. The Oklahoma Health Care
Authority Board shall promulgate rules to implement the provisions
of this section.
SECTION 5. A. The duties and compens ation of employees, not
otherwise prescribed by law, necessary to perform the duties imposed
upon the Oklahoma Health Care Authority by law sh all be set by the
Administrator of the Oklahoma Health Care Auth ority.
ENR. S. B. NO. 1074 Page 3
B. The Oklahoma Health Care Authority is a uthorized to:
1. Pay professional expenses of the Administrator of the
Authority including dues, licenses, professional memberships and
continuing education classes conducted in this state; and
2. Pay professional expense s of any employee including dues,
licenses, professional membersh ips, continuing medical education
classes conducted in this state and medical malpractice insurance
provided he or she is a full-time employee of the Authority in
accordance with subsection B of Section 5006 of Title 63 of the
Oklahoma Statutes or paragrap h 1 of subsection B of Section 840-5.5
of Title 74 of the Oklahoma Statutes and is utilizing those
professional skills in the performance of his or her job duties.
SECTION 6. In order to facilitate cash management of federal
grant receipts and disbursements, the Office of Management and
Enterprise Services shall transfer monies between the Oklahoma
Health Care Authority federal and revolving funds in amounts
requested by the Oklahoma Health Care Authority.
SECTION 7. The Oklahoma Health Care Authority is authorized to
transfer funds from Fund 205 to Fund 340 to satisfy claims made to
the Authority under the Suppleme ntal Hospital Offset Payment Program
Act.
SECTION 8. The Administrator of the Oklahoma Heal th Care
Authority may request, in the manner provided in this section, that
receipt and expenditure of unanticipated federal funds awarded after
July 1, 2022, be exempt from expenditure limitati ons and from
budgetary limitations.
1. The Administrator sha ll make a request for exemption to the
Office of Management and Enterprise Services in writing and file a
revised budget program.
2. The Administrator shall also file copies of the request for
exemption and budget work program revisions with the House of
Representatives Appropriations and Budget Committee Chair and the
Senate Appropriations Committee Chair. The House Appropriati ons and
Budget Committee Chair and/or the Senate A ppropriations Committee
Chair shall notify the Office of Ma nagement and Enterprise Services
ENR. S. B. NO. 1074 Page 4
of any noncompliance of the request with legislative intent within
twelve (12) calendar days of their receipt of t he exemption request.
The Office of Management and Enterprise Services shall approve the
request for exemption unless both the Chair and Vice-Chair of the
Joint Legislative Committee on Budget and Program Oversight provide
written notification to the Offic e of Management and Enterprise
Services within twelve (12) calendar days of the Committee 's receipt
of the exemption request th at the exemption subverts the intention
and objectives of the Legislature in establishing the original
limit. The Office of Mana gement and Enterprise Services shall give
written notice of approval or disapproval of each exemption to the
agency, the Governor, the Chair of the House Appropriations and
Budget Committee and the Chair of the Senate Appropriations
Committee within eighte en (18) calendar days of receiving the
request.
SECTION 9. A. The Director of the Office of Management and
Enterprise Services shall transfer monies appropriated from the
General Revenue Fund and the Health Care Enhancement Fund to the
Oklahoma Health Care Authority disbursing funds in the amounts and
ratios requested by the A uthority, except that the cumulative
amounts transferred shall not exceed the cumulative amounts of equal
monthly allotments of the appropriat ions from the General Revenue
Fund and Health Care Enhancement Fund.
B. Monies appropriated or collected for the fiscal year ending
June 30, 2023, may be transferred to these disbursing funds for the
fiscal year ending June 30, 2022, to satisfy encumbrances and
obligations of said fiscal yea r; provided, that monies equal in
amount are transferred from appropriations or collections for the
fiscal year ending June 30, 2022, to the disbursing fund for the
fiscal year ending June 30, 2023, to satisfy encumbrances and
obligations of said fiscal ye ar. All transfer requests shall be in
writing to the Director of the Office of Management and Enterprise
Services.
C. The Oklahoma Health Care Authority shall maintain records of
the inter-year transfers.
SECTION 10. The Administrator of the Oklahoma Health Care
Authority may request, throug h the Director of the Office of
Management and Enterpris e Services, the early transfer by the
ENR. S. B. NO. 1074 Page 5
Oklahoma Tax Commission of tax collections to the General Revenue
Fund for the purpose of early al location to the agency's disbursing
funds to alleviate cash -flow problems.
SECTION 11. Appropriations made by Enrolled Senate Bill No.
1040 of the 2nd Session of the 58th Oklahoma Legislature, not
including appropriations made for capital ou tlay purposes, may be
budgeted for the fiscal year ending June 30, 2023 (hereafter FY-23)
or may be budgeted for the f iscal year ending June 30, 2024
(hereafter FY-24). Funds budgeted for FY-23 may be encumbered only
through June 30, 2023 and must be expended by November 15, 2023.
Any funds remaining after November 15, 2023, and not budgeted for
FY-24, shall lapse to the credit of the proper fund for the then
current fiscal year. Funds budgeted for FY-24 may be encumbered
only through June 30, 202 4. Any funds remaining after November 15,
2024, shall lapse to the cr edit of the proper fund for the then
current fiscal year. These appropriations shall not be budgeted in
both fiscal years simultaneously. Funds budgeted in FY -23, and not
required to pay obligations for that fiscal year, may be budgeted
for FY-24, after the agency to which the funds ha ve been
appropriated has prepared and submitted a budget work program
revision removing these funds from the FY-23 budget work program and
after such revision h as been approved by the Office of Management
and Enterprise Services.
ENR. S. B. NO. 1074 Page 6
Passed the Senate the 18th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 20th day of May, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________ ________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __