Oklahoma 2024 Regular Session

Oklahoma House Bill HB1712 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 4, 2023
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 1712 By: Marti and McDugle of the
4	35		House
5	36
6	37		and
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8	39		Garvin of the Senate
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14	45		An Act relating to health insurance; defining terms;
15	46		prohibiting insurers from refusing coverage to an
16	47		insured under certain circumstances; providing for an
17	48		insured to seek care from an out-of-network provider
18	49		under certain circumstances; requiring out-of-network
19	50		providers to be reimbursed for covered services at
20	51		the same rate as in-network providers; providing for
21	52		codification; and declaring an emergency.
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26		-	SUBJECT: Health insurance
	57	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
	58	+	SECTION 1. NEW LAW A new se ction of law to be codified
	59	+	in the Oklahoma Statutes as Section 6971 of Title 36, unless there
	60	+	is created a duplication in numbering, reads as follows:
	61	+	A. As used in this section:
	62	+	1. "Durable medical equipment" means equipment as defined
	63	+	pursuant to paragraph 2 of Section 375.2 of Title 59 of the Oklahoma
	64	+	Statutes;
27	65
28		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	66	+	SENATE FLOOR VERSION - HB1712 SFLR Page 2
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30		-	SECTION 1. NEW LAW A new section of law to be codified
31		-	in the Oklahoma Statutes as Section 69 81 of Title 36, unless there
32		-	is created a duplication in numbering, reads as follows:
33		-
34		-	A. As used in this section:
35		-
36		-	1. “Durable medical equipment ” means equipment as defined
37		-	pursuant to Section 375.2 of Title 59 of the Oklahoma Statutes;
38		-
39		-	2. “Health benefit plan” means a health benefit plan as defined
40		-	pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes, but
41		-	shall not include any health benefit plan offered by a contracted
42		-	entity as defined in Section 4002.2 of Title 56 of the Oklahoma
43		-	Statutes that provides coverage to members of the state Medic aid
44		-	program;
45		-	ENR. H. B. NO. 1712 Page 2
46		-	3. “Health care provider ” means a provider as defined pursuant
	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;
	95	+	3. "Health care provider" means a provider as defined pursuant
47	96		to Section 6571 of Title 36 of the Oklahoma Statutes ;
48		-
49		-	4. “Health maintenance organization ” or “HMO” means a health
50		-	maintenance organization as defined pursuant to Section 6902 of
51		-	Title 36 of the Oklahoma Statutes, but shall not include any health
52		-	benefit plan offered by a contracted entity as defined in Section
53		-	4002.2 of Title 56 of the Oklahoma Statutes that provides coverage
54		-	to members of the state Medicaid program; and
55		-
56		-	5. “Preferred provider organization” or “PPO” means a preferred
57		-	provider organization as defined pursuant to Section 6054 of Title
58		-	36 of the Oklahoma Statutes.
59		-
	97	+	4. "Health maintenance organization" or "HMO" means a health
	98	+	maintenance organization as defined pursuant to paragraph 12 of
	99	+	Section 6902 of Title 36 of the Oklahoma Statutes; and
	100	+	5. "Preferred provider organization" or "PPO" means a preferred
	101	+	provider organization as defined pursuant to paragraph 8 of Section
	102	+	6054 of Title 36 of the Oklahoma Statutes.
60	103		B. No health benefit plan , HMO, PPO, or other provider network
61	104		authorized to admini ster health care coverage in this state shall
62	105		refuse coverage to an insured for durable medical equipment and
63	106		supplies as prescribed by a health care provider, regardless of
64	107		whether they are in-network or out-of-network, unless there is an
65	108		Oklahoma-licensed in-network provider within a fifteen-mile radius
66		-	of the patient’s home address that can provide in-person evaluation
67		-	for durable medical equipment, supplies, and related services.
	109	+	of the patient's five-digit ZIP code that can provide in-person
	110	+	evaluation for medical equipment, supplies, and related services .
	111	+	C. If a health care provider deems it necessary that an insured
	112	+	receive covered medical equip ment or supplies within twenty-four
	113	+	(24) hours, the insured shall not be subject to drop-shipped orders
	114	+	and may seek such equipment and supplies from any health care
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69		-	C. If a health care provider deems it necessary that an insured
70		-	receive covered durable medical equipment or supplies within twenty -
71		-	four (24) hours, the insured shall not be subject to drop -shipped
72		-	orders and may seek such equipment and supplies from any health care
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73	142		provider who can provide the nec essary services and supplies within
74	143		the requested timeframe.
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76	144		D. When an insured utilizes an out-of-network health care
77	145		provider, as described in subsection B of this section, the out-of-
78	146		network provider shall be reimbursed at the same rate and benefit
79	147		level for the provided services as an in-network provider for t he
80	148		health benefit plan, HMO, PPO, or other provider network authorized
81	149		to administer health care coverage in this state.
82		-
83	150		SECTION 2. It being immediately necessary for the preservation
84	151		of the public peace, health or safety, an emergency is hereby
85	152		declared to exist, by reason whereof this act shall take effect a nd
86	153		be in full force from and after its passage and approval.
87		-	ENR. H. B. NO. 1712 Page 3
88		-	Passed the House of Representativ es the 23rd day of April, 2024.
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93		-	Presiding Officer of the House
94		-	of Representatives
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98		-	Passed the Senate the 19th day of March, 2024.
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103		-	Presiding Officer of the Senate
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106		-	OFFICE OF THE GOVERNOR
107		-	Received by the Office of the Governor this ____________________
108		-	day of ___________________, 20_______, at _______ o'clock _______ M.
109		-	By: _________________________________
110		-	Approved by the Governor of the State of Oklahoma this _____ ____
111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
112		-
113		-
114		-	_________________________________
115		-	Governor of the State of Oklahoma
116		-
117		-	OFFICE OF THE SECRETARY OF STATE
118		-	Received by the Office of the Secretary of State this __________
119		-	day of ___________________, 20_______, at _______ o'clock _______ M.
120		-	By: _________________________________
	154	+	COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
	155	+	April 4, 2023 - DO PASS