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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 689 By: Pugh of the Senate
and
Miller of the House
An Act relating to the Oklahoma Health Care
Authority; amending 63 O.S. 2011, Section 5009.2,
which relates to the Advisory Committee on Medical
Care for Public Assistance Recipients; modifying and
limiting membership; limiting duration of
appointments; specifying duration of chair and vice -
chair terms; and providing an effective date.
AMENDMENT NO. 1. Delete the title, enacting cla use and entire bill
and replace with:
"An Act relating to the Oklahoma Health Care
Authority; amending 63 O.S. 2011, Section 5009.2,
which relates to the Advisory Committee on Medical
Care for Public Assistance Recipients; modifying and
limiting membership; limiting duration of
appointments; specifying duration of chair and vice -
chair terms; stating policy; prohibiting certain
Oklahoma Health Care Authority contracts from having
certain negative impacts; requiring certain
contracts to purchase transportat ion through
Oklahoma public transit systems and to respect
certain jurisdictional boundaries; requiring certain
contracted entities to collaborate with the entity
implementing a statewide mobility management
program; listing provider requirements; providin g
for codification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 5009.2, is
amended to read as follows:
Section 5009.2 A. The Advisory Comm ittee on Medical Care for
Public Assistance Recipients, created by the Oklahoma Health Care
Authority, pursuant to 42 Code of Federal Regulations, Section
431.12, for the purpose of advising the Authority about health and
medical care services, shall inclu de among its membership of no more
than fifteen (15) the following:
1. Board-certified physicians and other representatives of the
health professions who are familiar with the medical needs of low -
income population groups and with the resources available and
required for their care. The Advisory Committee shall, at all
times, include at least one physician from each of the six classes
of physicians listed in Section 725.2 of Title 59 of the Oklahoma
Statutes; provided, however, . All such physicians and other
representatives of the health professions shall be participating
providers in the State Medicaid Plan;
2. Members of consumers’ groups, including, but not limited to:
a. Medicaid recipients, and
b. representatives from each of the following consumer
organizations which represent the interests of:
(1) people who are economically disadvantaged,
(2) children,
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(3) the elderly,
(4) people with mental illness,
(5) people who are developmentally disabled, and
(6) people with alcohol or substance abuse proble ms
including a member representing nursing homes, a
member representing people who are
developmentally disabled, and a member
representing one or more behavioral health
professions;
3. The Director of the Department of Human Services , or
designee; and
4. The Commissioner of Mental Health and Substance Abuse
Services, or designee;
5. A member approved and appointed by the Oklahoma Academy of
Pediatrics a state organization or state chapter of a national
organization of pediatricians dedicated to the healt h, safety and
well-being of infants, children, adolescents and young adults, who
shall:
a. monitor provider relations with the Oklahoma Health
Care Authority, and
b. create a forum to address grievances ; and
6. A member who is a member or citizen of a fed erally
recognized American Indian tribe or nation whose primary tribal
headquarters is located in this state.
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Beginning on January 1, 2022, appointments made to the Advisory
Committee shall be for a duration not to exceed four (4) consecutive
calendar years.
B. The Advisory Committee shall meet bimonthly to review and
make recommendations related to:
1. Policy development and program administration;
2. Policy changes proposed by the Authority prior to
consideration of such changes by the Authority;
3. Financial concerns related to the Authority and the
administration of the programs under the Authority; and
4. Other pertinent information related to the management and
operation of the Authority and the delivery of health and medical
care services.
C. 1. The Administrator of the Authority shall provide such
staff support and independent technical assistance as needed by the
Advisory Committee to enable the Advisory Committee to make
effective recommendations.
2. The Advisory Committee shall elect from a mong its members a
chair and a vice-chair who shall serve one-year terms. A member may
serve more than one (1), but not more than four (4), consecutive
one-year terms as chair or vice -chair. A majority of the members of
the Advisory Committee shall const itute a quorum to transact
business, but no vacancy shall impair the right of the remaining
members to exercise all of the powers of the Advisory Committee.
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3. Members shall not receive any compensation for their
services, but shall be reimbursed pursuant to the provisions of the
State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
the Oklahoma Statutes.
D. The Authority shall give due consideration to the comments
and recommendations of the Advisory Committee in the Authority’s
deliberations on policies, administration, management and operation
of the Authority.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5009.7 of Title 63, unless there
is created a duplication in numb ering, reads as follows:
A. It is the policy of the State of Oklahoma that all state
agencies with an interest in public transit should ensure their
programs are in alignment with the Oklahoma Public Transit Policy
Plan as mandated by Sections 322 through 324 of Title 69 of the
Oklahoma Statutes and that state policy and program direction
related to public transit and transportation should ensure a
coordinated public transit network that meets the mobility needs of
all Oklahomans in a safe, reliable, consi stent and economical
manner.
B. The Oklahoma Health Care Authority, in contracting for
nonemergency medical transportation for Medicaid or SoonerCare
participants, shall not allow any existing contract to have or award
any new contract that will have a ne gative impact on the financial
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stability of the state's public transit network as envisioned by the
Oklahoma Public Transit Policy Plan.
C. The Oklahoma Health Care Authority shall direct any entity
contracted to broker or schedule nonemergency medical tr ansportation
for Medicaid or SoonerCare participants, whether such contract is
between the entity and the Oklahoma Health Care Authority or is an
entity subcontracted with an entity under contract with the Oklahoma
Health Care Authority, to purchase partic ipants' transportation
through Oklahoma public transit systems, as defined by Sections
5307, 5310 and 5311 of Title 49 of the United States Code, in all
instances where public transit services are available to meet the
participants' needs in as cost -effective a manner as other
transportation providers meeting the same state and federal
regulations, safety and cleanliness standards, and education and
training standards as prescribed in subsection E of this section.
In purchasing such nonemergency medical tr ansportation, the Oklahoma
Health Care Authority and any contracted or subcontracted entity
shall first respect the jurisdictional boundaries of such public
transit systems as defined by the Office of Mobility and Public
Transit at the Oklahoma Department of Transportation.
D. Any entity contracted to broker or schedule nonemergency
medical transportation for Medicaid or SoonerCare participants,
whether such contract is between the entity and the Oklahoma Health
Care Authority or is an entity subcontracted with an entity under
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contract with the Oklahoma Health Care Authority, shall reasonably
collaborate with the entity implementing a statewide mobility
management program as envisioned by the Oklahoma Public Transit
Policy Plan and recognized by the public transit agencies in the
state to ensure such trips coordinate with public transit services
and human services transportation through the recognized statewide
mobility management program.
E. In order for any public transit provider or transportation
company to provide nonemergency medical transportation for Medicaid
or SoonerCare participants, such provider or company shall have a
valid certification from the Oklahoma Transit Association affirming
that the provider or company has met certain education and training
standards, adheres to all state and federal regulations, adheres to
industry safety and cleanliness standards and is based in the State
of Oklahoma.
SECTION 3. This act shall become effective November 1, 2021. "
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Passed the House of Representatives the 19th day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
ENGR. S. B. NO. 689 Page 1 1
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ENGROSSED SENATE
BILL NO. 689 By: Pugh of the Senate
and
Miller of the House
An Act relating to the Oklahoma Health Care
Authority; amending 63 O.S. 2011, Section 5009.2,
which relates to the Advisory Committee on Medical
Care for Public Assistance Recipients; modifying and
limiting membership; limi ting duration of
appointments; specifying duration of chair and vice -
chair terms; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 63 O.S. 2011, Section 5009.2, is
amended to read as follows:
Section 5009.2. A. The Advisory Committee on Medical Care for
Public Assistance Recipients, created by the Oklahoma Health Care
Authority, pursuant to 42 Code of Federal Regulations, Section
431.12, for the purpose of advising the Authority about health and
medical care services, shall include among its membership of no more
than fifteen (15) the following:
1. Board-certified physicians and other representatives of the
health professions who are familiar with the medical needs of low-
income population groups and with the resources available and
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required for their care. The Advisory Committee shall, at all
times, include at least one physician from each of the six classes
of physicians listed in Section 725.2 of Title 59 of the Oklahoma
Statutes; provided, however, . All such physicians and other
representatives of the health professions shall be participating
providers in the State Medicaid Plan;
2. Members of consumers’ groups, including, but not limited to:
a. Medicaid recipients, and
b. representatives from each of the following consumer
organizations which represent the interests of:
(1) people who are economically disadvantaged,
(2) children,
(3) the elderly,
(4) people with mental illness,
(5) people who are developmentall y disabled, and
(6) people with alcohol or substance abuse problems
including a member representing nursing homes and a
member representing one or more behavioral health
professions;
3. The Director of the Department of Human Services or
designee; and
4. The Commissioner of Mental Health and Substance Abuse
Services or designee;
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5. A member approved and appointed by the Oklahoma Academy of
Pediatrics a state organization or state chapter of a national
organization of pediatricians dedicated to the health , safety and
well-being of infants, children, adolescents and young adults, who
shall:
a. monitor provider relations with the Oklahoma Health
Care Authority, and
b. create a forum to address grievances ; and
6. A member who is a member or citizen of a fede rally
recognized American Indian tribe or nation whose primary tribal
headquarters is located in this state.
Beginning on January 1, 2022, appointments made to the Advisory
Committee shall be for a duration not to exceed three (3)
consecutive calendar year s.
B. The Advisory Committee shall meet bimonthly to review and
make recommendations related to:
1. Policy development and program administration;
2. Policy changes proposed by the Authority prior to
consideration of such changes by the Authority;
3. Financial concerns related to the Authority and the
administration of the programs under the Authority; and
4. Other pertinent information related to the management and
operation of the Authority and the delivery of health and medical
care services.
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C. 1. The Administrator of the Authority shall provide such
staff support and independent technical assistance as needed by the
Advisory Committee to enable the Advisory Committee to make
effective recommendations.
2. The Advisory Committee shall elect from a mong its members a
chair and a vice-chair who shall serve one-year terms. A member may
serve more than one (1), but not more than three (3), consecutive
one-year terms as chair or vice -chair. A majority of the members of
the Advisory Committee shall cons titute a quorum to transact
business, but no vacancy shall impair the right of the remaining
members to exercise all of the powers of the Advisory Committee.
3. Members shall not receive any compensation for their
services, but shall be reimbursed pursuan t to the provisions of the
State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
the Oklahoma Statutes.
D. The Authority shall give due consideration to the comments
and recommendations of the Advisory Committee in the Authority’s
deliberations on policies, administration, management and operation
of the Authority.
SECTION 5. 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