OK
Oklahoma Senate Bill SB689

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB689 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 689 By: Pugh of the Senate
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32+ and
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34+ Miller of the House
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4-An Act
5-ENROLLED SENATE
6-BILL NO. 689 By: Pugh and Murdock of the
7-Senate
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39+
40+An Act relating to the Oklahoma Health Care
41+Authority; amending 63 O.S. 2011, Section 5009.2,
42+which relates to the Advisory Committee on Medical
43+Care for Public Assistance Recipients; modifying and
44+limiting membership; limiting duration of
45+appointments; specifying duration of chair and vice -
46+chair terms; and providing an effective date.
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52+AMENDMENT NO. 1. Delete the title, enacting cla use and entire bill
53+and replace with:
54+
55+
56+"An Act relating to the Oklahoma Health Care
57+Authority; amending 63 O.S. 2011, Section 5009.2,
58+which relates to the Advisory Committee on Medical
59+Care for Public Assistance Recipients; modifying and
60+limiting membership; limiting duration of
61+appointments; specifying duration of chair and vice -
62+chair terms; stating policy; prohibiting certain
63+Oklahoma Health Care Authority contracts from having
64+certain negative impacts; requiring certain
65+contracts to purchase transportat ion through
66+Oklahoma public transit systems and to respect
67+certain jurisdictional boundaries; requiring certain
68+contracted entities to collaborate with the entity
69+implementing a statewide mobility management
70+program; listing provider requirements; providin g
71+for codification; and providing an effective date.
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101+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102+SECTION 1. AMENDATORY 63 O.S. 2011, Section 5009.2, is
103+amended to read as follows:
104+Section 5009.2 A. The Advisory Comm ittee on Medical Care for
105+Public Assistance Recipients, created by the Oklahoma Health Care
106+Authority, pursuant to 42 Code of Federal Regulations, Section
107+431.12, for the purpose of advising the Authority about health and
108+medical care services, shall inclu de among its membership of no more
109+than fifteen (15) the following:
110+1. Board-certified physicians and other representatives of the
111+health professions who are familiar with the medical needs of low -
112+income population groups and with the resources available and
113+required for their care. The Advisory Committee shall, at all
114+times, include at least one physician from each of the six classes
115+of physicians listed in Section 725.2 of Title 59 of the Oklahoma
116+Statutes; provided, however, . All such physicians and other
117+representatives of the health professions shall be participating
118+providers in the State Medicaid Plan;
119+2. Members of consumers’ groups, including, but not limited to:
120+a. Medicaid recipients, and
121+b. representatives from each of the following consumer
122+organizations which represent the interests of:
123+(1) people who are economically disadvantaged,
124+(2) children,
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151+(3) the elderly,
152+(4) people with mental illness,
153+(5) people who are developmentally disabled, and
154+(6) people with alcohol or substance abuse proble ms
155+including a member representing nursing homes, a
156+member representing people who are
157+developmentally disabled, and a member
158+representing one or more behavioral health
159+professions;
160+3. The Director of the Department of Human Services , or
161+designee; and
162+4. The Commissioner of Mental Health and Substance Abuse
163+Services, or designee;
164+5. A member approved and appointed by the Oklahoma Academy of
165+Pediatrics a state organization or state chapter of a national
166+organization of pediatricians dedicated to the healt h, safety and
167+well-being of infants, children, adolescents and young adults, who
168+shall:
169+a. monitor provider relations with the Oklahoma Health
170+Care Authority, and
171+b. create a forum to address grievances ; and
172+6. A member who is a member or citizen of a fed erally
173+recognized American Indian tribe or nation whose primary tribal
174+headquarters is located in this state.
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201+Beginning on January 1, 2022, appointments made to the Advisory
202+Committee shall be for a duration not to exceed four (4) consecutive
203+calendar years.
204+B. The Advisory Committee shall meet bimonthly to review and
205+make recommendations related to:
206+1. Policy development and program administration;
207+2. Policy changes proposed by the Authority prior to
208+consideration of such changes by the Authority;
209+3. Financial concerns related to the Authority and the
210+administration of the programs under the Authority; and
211+4. Other pertinent information related to the management and
212+operation of the Authority and the delivery of health and medical
213+care services.
214+C. 1. The Administrator of the Authority shall provide such
215+staff support and independent technical assistance as needed by the
216+Advisory Committee to enable the Advisory Committee to make
217+effective recommendations.
218+2. The Advisory Committee shall elect from a mong its members a
219+chair and a vice-chair who shall serve one-year terms. A member may
220+serve more than one (1), but not more than four (4), consecutive
221+one-year terms as chair or vice -chair. A majority of the members of
222+the Advisory Committee shall const itute a quorum to transact
223+business, but no vacancy shall impair the right of the remaining
224+members to exercise all of the powers of the Advisory Committee.
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251+3. Members shall not receive any compensation for their
252+services, but shall be reimbursed pursuant to the provisions of the
253+State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
254+the Oklahoma Statutes.
255+D. The Authority shall give due consideration to the comments
256+and recommendations of the Advisory Committee in the Authority’s
257+deliberations on policies, administration, management and operation
258+of the Authority.
259+SECTION 2. NEW LAW A new section of law to be codified
260+in the Oklahoma Statutes as Section 5009.7 of Title 63, unless there
261+is created a duplication in numb ering, reads as follows:
262+A. It is the policy of the State of Oklahoma that all state
263+agencies with an interest in public transit should ensure their
264+programs are in alignment with the Oklahoma Public Transit Policy
265+Plan as mandated by Sections 322 through 324 of Title 69 of the
266+Oklahoma Statutes and that state policy and program direction
267+related to public transit and transportation should ensure a
268+coordinated public transit network that meets the mobility needs of
269+all Oklahomans in a safe, reliable, consi stent and economical
270+manner.
271+B. The Oklahoma Health Care Authority, in contracting for
272+nonemergency medical transportation for Medicaid or SoonerCare
273+participants, shall not allow any existing contract to have or award
274+any new contract that will have a ne gative impact on the financial
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301+stability of the state's public transit network as envisioned by the
302+Oklahoma Public Transit Policy Plan.
303+C. The Oklahoma Health Care Authority shall direct any entity
304+contracted to broker or schedule nonemergency medical tr ansportation
305+for Medicaid or SoonerCare participants, whether such contract is
306+between the entity and the Oklahoma Health Care Authority or is an
307+entity subcontracted with an entity under contract with the Oklahoma
308+Health Care Authority, to purchase partic ipants' transportation
309+through Oklahoma public transit systems, as defined by Sections
310+5307, 5310 and 5311 of Title 49 of the United States Code, in all
311+instances where public transit services are available to meet the
312+participants' needs in as cost -effective a manner as other
313+transportation providers meeting the same state and federal
314+regulations, safety and cleanliness standards, and education and
315+training standards as prescribed in subsection E of this section.
316+In purchasing such nonemergency medical tr ansportation, the Oklahoma
317+Health Care Authority and any contracted or subcontracted entity
318+shall first respect the jurisdictional boundaries of such public
319+transit systems as defined by the Office of Mobility and Public
320+Transit at the Oklahoma Department of Transportation.
321+D. Any entity contracted to broker or schedule nonemergency
322+medical transportation for Medicaid or SoonerCare participants,
323+whether such contract is between the entity and the Oklahoma Health
324+Care Authority or is an entity subcontracted with an entity under
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351+contract with the Oklahoma Health Care Authority, shall reasonably
352+collaborate with the entity implementing a statewide mobility
353+management program as envisioned by the Oklahoma Public Transit
354+Policy Plan and recognized by the public transit agencies in the
355+state to ensure such trips coordinate with public transit services
356+and human services transportation through the recognized statewide
357+mobility management program.
358+E. In order for any public transit provider or transportation
359+company to provide nonemergency medical transportation for Medicaid
360+or SoonerCare participants, such provider or company shall have a
361+valid certification from the Oklahoma Transit Association affirming
362+that the provider or company has met certain education and training
363+standards, adheres to all state and federal regulations, adheres to
364+industry safety and cleanliness standards and is based in the State
365+of Oklahoma.
366+SECTION 3. This act shall become effective November 1, 2021. "
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395+Passed the House of Representatives the 19th day of April, 2021.
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401+Presiding Officer of the House of
402+ Representatives
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405+Passed the Senate the ____ day of __________, 2021.
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411+Presiding Officer of the Senate
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439+ENGROSSED SENATE
440+BILL NO. 689 By: Pugh of the Senate
8441
9442 and
10443
11- Miller, Johns and Frix of
12-the House
444+ Miller of the House
13445
14446
15447
16448
17449
18450
19451 An Act relating to the Oklahoma Health Care
20452 Authority; amending 63 O.S. 2011, Section 5009.2,
21453 which relates to the Advisory Committee on Medical
22454 Care for Public Assistance Recipients; modifying and
23455 limiting membership; limi ting duration of
24456 appointments; specifying duration of chair and vice -
25457 chair terms; and providing an effective date.
26458
27459
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30462
31-SUBJECT: Oklahoma Health Care Authority
32-
33463 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34-
35-SECTION 1. AMENDATORY 63 O.S. 2011, Section 5009.2, is
464+SECTION 4. AMENDATORY 63 O.S. 2011, Section 5009.2, is
36465 amended to read as follows:
37-
38466 Section 5009.2. A. The Advisory Committee on Medical Care for
39467 Public Assistance Recipients, created by the Oklahoma Health Care
40468 Authority, pursuant to 42 Code of Federal Regulations, Section
41469 431.12, for the purpose of advising the Authority about health and
42470 medical care services, shall include among its membership of no more
43471 than fifteen (15) the following:
44-
45472 1. Board-certified physicians and other representatives of the
46473 health professions who are familiar with the medical needs of low-
474+income population groups and with the resources available and
47475
48-ENR. S. B. NO. 689 Page 2
49-income population groups a nd with the resources available and
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50501 required for their care. The Advisory Committee shall, at all
51502 times, include at least one physician from each of the six classes
52503 of physicians listed in Section 725.2 of Title 59 of the Oklahoma
53504 Statutes; provided, however, . All such physicians and other
54505 representatives of the health professions shall be participating
55506 providers in the State Medicaid Plan;
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57507 2. Members of consumers’ groups, including, but not limited to:
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59508 a. Medicaid recipients, and
60-
61509 b. representatives from each of the following consumer
62510 organizations which represent the interests of:
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64511 (1) people who are economically disadvantaged,
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66512 (2) children,
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68513 (3) the elderly,
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70514 (4) people with mental illness,
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72515 (5) people who are developmentall y disabled, and
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74516 (6) people with alcohol or substance abuse problems
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76-including a member representing nursing hom es, a member
77-representing individ uals with developmental
78-disabilities and a member representing one or more
79-behavioral health professions ;
80-
517+including a member representing nursing homes and a
518+member representing one or more behavioral health
519+professions;
81520 3. The Director of the Department of Human Services or
82521 designee; and
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84522 4. The Commissioner of Mental Health and Substance Abuse
85523 Services or designee;
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87550 5. A member approved and appointed by the Oklahoma Academy of
88551 Pediatrics a state organization or state chapter of a national
89552 organization of pediatricians dedicated to the health , safety and
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92553 well-being of infants, children, adolescents and young adults, who
93554 shall:
94-
95555 a. monitor provider relations with the Oklahoma Health
96556 Care Authority, and
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98557 b. create a forum to address grievances ; and
99-
100558 6. A member who is a member or citizen of a fede rally
101559 recognized American Indian tribe or nation whose primary tribal
102560 headquarters is located in this state.
103-
104561 Beginning on January 1, 2022, appointments made to the Advisory
105-Committee shall be for a duration not to exceed four (4) consecutive
106-calendar years.
107-
562+Committee shall be for a duration not to exceed three (3)
563+consecutive calendar year s.
108564 B. The Advisory Committee shall meet bimonthly to review and
109565 make recommendations related to:
110-
111566 1. Policy development and program administration;
112-
113567 2. Policy changes proposed by the Authority prior to
114568 consideration of such changes by the Authority;
115-
116569 3. Financial concerns related to the Authority and the
117570 administration of the programs under the Authority; and
118-
119571 4. Other pertinent information related to the management and
120572 operation of the Authority and the delivery of health and medical
121573 care services.
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123600 C. 1. The Administrator of the Authority shall provide such
124601 staff support and independent technical assistance as needed by the
125602 Advisory Committee to enable the Advisory Committee to make
126603 effective recommendations.
127-
128604 2. The Advisory Committee shall elect from a mong its members a
129605 chair and a vice-chair who shall serve one-year terms. A member may
130-serve more than one (1), but not more than four (4), consecutive
606+serve more than one (1), but not more than three (3), consecutive
131607 one-year terms as chair or vice -chair. A majority of the members of
132608 the Advisory Committee shall cons titute a quorum to transact
133-
134-ENR. S. B. NO. 689 Page 4
135609 business, but no vacancy shall impair the right of the remaining
136610 members to exercise all of the powers of the Advisory Committee.
137-
138611 3. Members shall not receive any compensation for their
139612 services, but shall be reimbursed pursuan t to the provisions of the
140613 State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
141614 the Oklahoma Statutes.
142-
143615 D. The Authority shall give due consideration to the comments
144616 and recommendations of the Advisory Committee in the Authority’s
145617 deliberations on policies, administration, management and operation
146618 of the Authority.
619+SECTION 5. This act shall become effective November 1, 2021.
147620
148-SECTION 2. This act shall become effective November 1, 20 21.
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152-Passed the Senate the 25th day of May, 2021.
646+Passed the Senate the 10th day of March, 2021.
153647
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156650 Presiding Officer of the Senate
157651
158652
159-Passed the House of Representatives the 26th day of May, 2021.
653+Passed the House of Representatives the ____ day of __________,
654+2021.
160655
161656
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163658 Presiding Officer of the House
164659 of Representatives
165660
166-OFFICE OF THE GOVERNOR
167-Received by the Office of the Governor this _______ _____________
168-day of _________________ __, 20_______, at _______ o'clock _______ M.
169-By: __________________________ _______
170-Approved by the Gove rnor of the State of Oklahoma this _____ ____
171-day of _________________ __, 20_______, at _______ o'clock _______ M.
172661
173- _________________________________
174- Governor of the State of Oklahoma
175-
176-
177-OFFICE OF THE SECRETARY OF STATE
178-Received by the Office of the Secretary of State this _______ ___
179-day of __________________, 20 _______, at _______ o'clock _______ M.
180-By: _______________________________ __