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ENGROSSED SENATE
BILL NO. 207 By: Garvin of the Senate
and
McEntire of the House
An Act relating to the Oklahoma Health Care
Authority; amending 63 O.S. 2011, Section 5052, which
relates to hearings; authorizing the Administrator of
the Authority to designate an administrative law
judge to perform certain duties; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 5052, is
amended to read as follows:
Section 5052. A. Any applicant or recipient, adversely
affected by a decision of the Oklahoma Health Care Authority on
benefits or services provided pursuan t to the provisions of this
title, shall be afforded an opportunity f or a hearing pursuant to
the provisions of subsection B of this section after such applicant
or recipient has been notified of the adverse decision of the
Authority.
B. 1. Upon timely r eceipt of a request for a hearing as
specified in the notice of adver se decision and exhaustion of other
available administrative remedies, the Authority shall hold a
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hearing pursuant to the provisions of rules promulgated by the
Oklahoma Health Care Autho rity Board pursuant to this section.
2. The record of the hearing sh all include, but shall not be
limited to:
a. all pleadings, motions , and intermediate rulings,
b. evidence received or considered,
c. any decision, opinion , or report by the officer
presiding at the hearing, and
d. all staff memoranda or data submitted to the hearing
officer or members of the agenc y in connection with
their consideration of the case.
3. Oral proceedings shall be electronically recorded by the
Authority. Any party may req uest a copy of the tape recording of
such person’s administrative hea ring or may request a transcription
of the tape recording to comply with any federal or state law.
C. Any decision of the Authority after such a hearing pursuant
to subsection B of this section shall be subject to review by the
Administrator of the Oklaho ma Health Care Authority or designated
administrative law judge upon a timely request for review by the
applicant or recipient . The Administrator may only designate an
administrative law judge at another state agency, as establ ished in
the State Medicaid Plan and approved by the Centers for Medicare and
Medicaid Services. The Administrator or designated administrative
law judge shall issue a decision after review. A hearing decision
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of the Authority shall be fi nal and binding unless a review is
requested pursuant to the provisions of this subsect ion. The
decision of the Administrator or designated administrative law judge
may be appealed to the district court in which the applicant or
recipient resides within thirty (30) days of the date of the
decision of the Administrator or designated administrative law judge
as provided by the provisions of subsection D of this section.
D. Any applicant or recipie nt under this title who is aggrieved
by a decision of the Administrator or designated administrative law
judge rendered pursuant to this section may petition the district
court in which the applicant or recipient resides for a judicial
review of the decision pursuant to the provisio ns of Sections 318
through 323 of Title 75 of the Oklahoma Statutes. A copy o f the
petition shall be served by mail upon the general counsel of the
Authority.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives