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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 32x By: Thompson (Roger) and Hall
of the Senate
and
Wallace, Martinez, and
Fugate of the House
An Act relating to the Oklahoma Health Care
Authority; requiring that portions of certain
appropriated funds be used for certain purposes;
directing Oklahoma Health Care Authority to implement
increased payment for certain long-term care and
intermediate care facilities for individuals with
intellectual disabilities; directing the Authority to
distribute funds to certain institutions; requiring
the Authority to work with certain association to
create the methodology for disbursement; requiring
submission of certain plan by certain date; providing
for duties and compensation of administrators and
employees; authorizing p ayment of certain expenses;
authorizing certain transfers; requiring certain
transfers; authorizing certain early transfer
requests; authorizing the e xemption of unanticipated
federal funds from expenditure and budgetary
limitations; providing procedures; requiring certain
budget procedures; prohibiting certain budget
procedures; and providing lapse dates.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. From the funds appropria ted to the Oklahoma Health
Care Authority in Enrolled House Bill No. 1004 of the 1st
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Extraordinary Session of the 59th Oklahoma Legislature, the sum of
Thirty Million Dollars ( $30,000,000.00) shall be used to provide
grant funding to providers for the one-time connection to the state-
designated entity for health information exchange.
SECTION 2. From the funds appropria ted to the Oklahoma Health
Care Authority in Enrolled House Bill No. 1004 of the 1st
Extraordinary Session of the 59th Oklahoma Legislature, the sum of
Forty-seven Million Seven Hundred Sixty-seven Thousand Four Hundred
Fifty-eight Dollars ($47,767,458.00) shall be used to increase
reimbursement to long-term care facilities by Thirty-five Dollars
($35.00) per day and reimbursement to intermediate care facilities
for individuals with intellectual disabilities (ICF/IID) by
Seventeen Dollars ($17.00) per day.
SECTION 3. A. From the funds appropriated to the Oklahoma
Health Care Authority in Enrolled House Bill No. 1004 of the 1st
Extraordinary Session of the 59th Oklahoma Legislature, the sum o f
Two Hundred Million Dollars ( $200,000,000.00) shall be used for one-
time funding to critical access hospitals and hospitals
participating in the Supplemental Hosp ital Offset Payment Program.
B. The Authority shall work in conjunction with an Oklahoma-
based association of hospitals to create the methodology for the
disbursement of this funding.
C. The Authority shall submit to the Senate Appropriations
Committee Chair and the House of Representatives Appropriations and
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Budget Committee Chair a plan for the disbursement of the funds
listed in this section by no later than July 31st, 2023.
SECTION 4. A. The duties and compensation 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 Au thority.
B. The Oklahoma Health Care Authority is authorized 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 expenses 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 and is utilizing those professional skills in the
performance of his or her job duties.
SECTION 5. 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 6. The Oklahoma Health Care Authority is authorized to
transfer funds from Fund 205 and Fund 270 to Fund 200 and Fund 340
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to satisfy claims made to the Authority under the Suppleme ntal
Hospital Offset Payment Progr am Act.
SECTION 7. The Administrator of the Oklaho ma Health Care
Authority may request, in the manner provided in this section, that
receipt and expenditure of unanticipated federal funds awarded after
July 1, 2023, be exempt from expendit ure limitations and from
budgetary limitations.
1. The Administrator shall make a request for exemption to the
Office of Management and Enterprise Services in writing and f ile a
revised budget program.
2. The Administrator shall also file copies of the r equest for
exemption and budget work program revisions with the Senate
Appropriations Committee Chair and the House of Representatives
Appropriations and Budget Committee Chair. The Senate
Appropriations Committee Chair and/or the House Appropriati ons and
Budget Committee Chair shall notify the Office of Ma nagement and
Enterprise Services of any noncompliance of the request with
legislative intent within twelve (12) calendar days of receipt of
the exemption request. The Office of Management and Enterprise
Services shall approve the request for exemption unless both the
Chair and Vice Chair of the Legislative Oversight Committee on State
Budget Performance provide written notification to the Office of
Management and Enterprise Services within twe lve (12) calendar days
of the Committee’s receipt of the exemption request th at the
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exemption subverts the intention and objectives of the Legislature
in establishing the original limi t. The Office of Management and
Enterprise Services shall give written notice of approval or
disapproval of each exemption to the agency, the Govern or, the Chair
of the Senate Appropriations Committee , and the Chair of the House
Appropriations and Budget Committee within eighteen (18) calendar
days of receiving the request.
SECTION 8. 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 Authority, 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, 2024, may be transferred to these disbursing funds for the
fiscal year ending June 30, 2023, to satisfy encumbrance s and
obligations of such fiscal year; provided, that monies equal in
amount are transferred from appropriations or collections for the
fiscal year ending June 30, 2023, to the disbursing fund for the
fiscal year ending June 30, 2024, to satisfy encumbranc es and
obligations of such fiscal year. All transfer requests shall be in
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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 9. The Administrator of the Oklahoma Health Care
Authority may request, through the Director of the Office of
Management and Enterpris e Services, the early transfer by the
Oklahoma Tax Commission of tax collections to the General Revenue
Fund for the purpose of early allocation to the agency’s disbursing
funds to alleviate ca sh-flow problems.
SECTION 10. Appropriations made b y Enrolled House Bill No. 1004
of the 1st Extraordinary Session of the 59th Oklahoma Legislature ,
not including appropriations made for capital outlay purposes, may
be budgeted for the fiscal year ending June 30, 2024 (hereafter FY -
24), or may be budgeted for the fiscal year ending June 30, 2025
(hereafter FY-25). Funds budgeted for FY -24 may be encumbered on ly
through June 30, 2024, and must be expended by November 15, 2024.
Any funds remaining after November 15, 2024, and not budgete d for
FY-25, shall lapse to the credit of the proper fund for the then
current fiscal year. Funds budgete d for FY-25 may be encumbered
only through June 30, 2025. Any funds remaining after November 15,
2025, shall lapse to the credit of the proper fund f or the then
current fiscal year. These appropriations may not be budgeted in
both fiscal years simultaneo usly. Funds budgete d in FY-24, and not
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required to pay obligations for that fiscal year, may be budgeted
for FY-25, after the agency to which the fun ds have been
appropriated has prepared and submitted a budget work program
revision removing these funds f rom the FY-24 budget work program and
after such revision has been approved by the Office of Management
and Enterprise Services.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPRO PRIATIONS
AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.