Req. No. 410 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 250 By: Dahm
AS INTRODUCED
An Act relating to public programs; defining terms;
prohibiting public funding for provi der of gender
transition procedures; allowing ineligible provider
to reapply for funding under certain conditions;
requiring Oklahoma Health Care Authority to publish
certain findings; providing certain construction;
providing for codification; 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 1005.11 of Title 56, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Provider” means a provider of services for compensation;
2. “Affiliate” means an entity which licenses the use of a
trademark or other recognized n ame to the provider, and which
exercises control over the use of part or all of the pro vider’s
name, or any entity so licensed or controlled; and
3. a. “Gender transition procedures ” means any medical or
surgical service, including but not limited to
Req. No. 410 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
physician’s services, inpatient and out patient
hospital services, or pr escribed drugs related to
gender transition that seeks to:
(1) alter or remove physica l or anatomical
characteristics or features that are typical for
the individual’s biological sex, or
(2) instill or create physiological o r anatomical
characteristics that resemble a sex different
from the individual’s biological sex, including
but not limited to medical services that provide
puberty-blocking drugs, cross -sex hormones, or
other mechanisms to promote the development of
feminizing or masculinizing features i n the
opposite biological sex, or genital or nongenital
gender reassignment surgery pe rformed for the
purpose of assisting an individual with a gender
transition.
b. Gender transition proc edures do not include:
(1) services to persons born with a medically
verifiable disorder of sex development, including
a person with external biological s ex
characteristics that are irresolvably ambiguous,
such as those born with 46 XX chromosomes with
virilization, 46 XY chromosomes with
Req. No. 410 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
undervirilization, or having both ovarian and
testicular tissue,
(2) services provided when a physician has otherwise
diagnosed a disorder of sexual development that
the physician has determined through genetic or
biochemical testing that the person does not have
normal sex chromosome stru cture, sex steroid
hormone production, or sex steroid hormone
action,
(3) the treatment of any infection, injury, disease,
or disorder that has been caused by or
exacerbated by the perform ance of gender
transition procedures , whether or not the gender
transition procedure was performed in accordance
with state and federal law, or
(4) any procedure undertaken because the individual
suffers from a physical disorder, physical
injury, or physical illness that would, as
certified by a physician, place the indivi dual in
imminent danger of death or impairment of major
bodily function unless surgery is performed.
B. No provider shall be eligible for reimbursement through
Medicaid or any other feder al or state program or any other fun ding
from any political subdivision of this state i ncluding but not
Req. No. 410 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
limited to cities, towns, municipalities , or counties, directly or
by subcontract with any other party, if that provider, or any
affiliate of that provid er, performs gender transition proc edures.
C. Any providers found to be ineligible fo r reimbursement or
other funding pursuant to this section shall be able to reapply
after a period of five (5) years and a showing that they and their
affiliates no longer participate in gender transition procedures.
D. Within sixty (60) calendar days of r eceipt of a complaint of
a violation under this section, the Oklahoma Health Care Authority
shall publish the findings of its investigation of the complaint and
issue a determination of whether a provider has committed a
violation of the provisions of this section. Nothing in this
section shall preclude other law enforcement entities or a party in
qui tam litigation from initiat ing action regarding this section.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval .
59-1-410 DC 1/10/2023 12:49:01 PM