Oklahoma 2023 Regular Session

Oklahoma House Bill HB1712 Compare Versions

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29-SENATE FLOOR VERSION
30-April 4, 2023
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3328 ENGROSSED HOUSE
3429 BILL NO. 1712 By: Marti and McDugle of the
3530 House
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3732 and
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3934 Garvin of the Senate
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4542 An Act relating to health insurance; defining terms;
4643 prohibiting insurers from refusing coverage to an
4744 insured under certain c ircumstances; providing for an
4845 insured to seek care from an out-of-network provider
4946 under certain circumstances; requiring out-of-network
5047 providers to be reimbursed for covered services at
5148 the same rate as in-network providers; providing for
5249 codification; and declaring an emergency.
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5754 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
5855 SECTION 1. NEW LAW A new se ction of law to be codified
5956 in the Oklahoma Statutes as Section 6971 of Title 36, unless there
6057 is created a duplication in numbering, reads as follows:
6158 A. As used in this section:
6259 1. "Durable medical equipment" means equipment as defined
6360 pursuant to paragraph 2 of Section 375.2 of Title 59 of the Oklahoma
6461 Statutes;
62+2. "Health benefit plan" means a health benefit plan as def ined
63+pursuant to subsection C of Section 6060.4 of Title 36 of the
64+Oklahoma Statutes;
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92-2. "Health benefit plan" means a health benefit plan as defined
93-pursuant to subsection C of Section 6060.4 of Title 36 of the
94-Oklahoma Statutes;
9591 3. "Health care provider" means a provider as defined pursuant
9692 to Section 6571 of Title 36 of the Oklahoma Statutes ;
9793 4. "Health maintenance organization" or "HMO" means a health
9894 maintenance organization as defined pursuant to paragraph 12 of
9995 Section 6902 of Title 36 of the Oklahoma Statutes; and
10096 5. "Preferred provider organization" or "PPO" means a preferred
10197 provider organization as defined pursuant to paragraph 8 of Section
10298 6054 of Title 36 of the Oklahoma Statutes.
10399 B. No health benefit plan , HMO, PPO, or other provider network
104100 authorized to admini ster health care coverage in this state shall
105101 refuse coverage to an insured for durable medical equipment and
106102 supplies as prescribed by a health care provider, regardless of
107103 whether they are in-network or out-of-network, unless there is an
108104 Oklahoma-licensed in-network provider within a fifteen-mile radius
109105 of the patient's five-digit ZIP code that can provide in-person
110106 evaluation for medical equipment, supplies, and related services .
111107 C. If a health care provider deems it necessary that an insured
112108 receive covered medical equip ment or supplies within twenty-four
113109 (24) hours, the insured shall not be subject to drop-shipped orders
114110 and may seek such equipment and supplies from any health care
111+provider who can provide the nec essary services and supplies within
112+the requested timeframe.
113+D. When an insured utilizes an out-of-network health care
114+provider, as described in subsection B of this section, the out-of-
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142-provider who can provide the nec essary services and supplies within
143-the requested timeframe.
144-D. When an insured utilizes an out-of-network health care
145-provider, as described in subsection B of this section, the out-of-
146141 network provider shall be reimbursed at the same rate and benefit
147142 level for the provided services as an in-network provider for t he
148143 health benefit plan, HMO, PPO, or other provider network authorized
149144 to administer health care coverage in this state.
150145 SECTION 2. It being immediately necessary for the preservation
151146 of the public peace, health or safety, an emergency is hereby
152147 declared to exist, by reason whereof this act shall take effect and
153148 be in full force from and after its passage and approval.
154-COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
155-April 4, 2023 - DO PASS
149+Passed the House of Representatives the 20th day of March, 2023.
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154+ Presiding Officer of the House
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159+Passed the Senate the ___ day of __________, 2023.
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