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STATE OF OKLAHOMA
1st Session of the 59th L egislature (2023)
HOUSE BILL 1712 By: Marti
AS INTRODUCED
An Act relating to durable medical equipment ;
limiting the conditions when a provider may impede a
beneficiary from receiving medica l equipment;
providing for codification; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 376 of Title 59, unless there is
created a duplication in numbering, reads as follows:
No state, federal, or other corporate organization with a health
maintenance organization, preferred provider organization , or other
network of providers may impede a beneficiary from receivi ng medical
equipment and supplies as prescrib ed by his or her physician outside
of the following conditions :
1. A beneficiary subject for services from a network of state -
licensed providers must be able to rece ive such services without a
beneficiary traveling outside his or her communities from his or her
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designated place of residence to have a face -to-face evaluation of
the medical services ;
2. When a beneficiary needs medical equipment or supplies
within twenty-four (24) hours, the beneficiary should not be subject
to drop shipped orders but allowed to seek services closer to home
from providers who can provide the necessary equipment and services
within the required timeframe ;
3. To eliminate or discourage d iscomfort to the beneficiary,
his or her services should b e provided regardless of whether there
are in-network, state-licensed providers, thereby allowing an out -
of-network provider to accommodate the services without financial
burden on the beneficiary ;
4. Out-of-network services shall be compensated at the sa me
rate as in-network services when there is not an in-network, state-
licensed durable medical equip ment provider that is within thirty
(30) miles of the beneficiary 's residence to fill the order in a
timely manner;
5. For the benefit of Oklahoma rur al communities, beneficiaries
shall not have his or her access to care restricted by medical
provider organizational care systems that have limited rural durable
medical equipment providers and eliminat e those state-licensed rural
durable medical equip ment providers from participating i n his or her
provider networks; or
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6. When beneficiaries choose an out-of-network, state-licensed
provider due to a lack of in-network, state-licensed providers
within thirty (30) miles of his or her residence, then his or her
medical provider organizational care systems shall be required to
reimburse the out-of-network provider at the same benefit lev el for
those services as an in -network provider.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for t he preservation
of the public peace, health or safety, an emergency i s hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-6687 TJ 01/10/23