Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1264 Latest Draft

Bill / Engrossed Version Filed 04/18/2024

                             
 
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ENGROSSED HOUSE AMENDME NT 
 TO 
ENGROSSED SENATE BILL NO . 1264 By: Stanley of the Senate 
 
  and 
 
  Miller of the House 
 
 
 
 
 
[ health insurance - coverage - exclusions - 
codification - effective date ] 
 
 
 
 
 
 
 
 
AUTHOR:  Add the following House Coauthors: Provenzano, Munson, 
Townley, Baker, and West (Tammy) 
 
 
AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill 
and insert: 
 
 
 
 
"[ health insurance - genetic testing - cancer 
imaging - coverage – exclusions – codification - 
effective date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:   
 
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SECTION 1.    NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 6060.5b of Title 36, un less 
there is created a duplication in numbering, reads as follo ws: 
A.  For the purposes of this section: 
1. “Clinical utility” means clinical utility as defined 
pursuant to Section 6060.5a of Title 36 of the Oklahoma Statutes; 
2.  “Evidence-based cancer imaging” means appropriate 
preventative screening and imagi ng supported by evidence; 
3.  “Genetic testing for an inherited mutation ” means multi-gene 
testing for an inherited mutation associated with an increased risk 
of cancer; 
4.  “Health benefit plan” means a health benefit plan as defined 
pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes; and 
5.  “Health care provider ” means any physician, hospital, or 
other entity or person that is l icensed or otherwise authorized in 
this state to furnish health care services. 
B.  Any health benefit plan includin g the Oklahoma Employees 
Insurance Plan that is o ffered, issued, or renewed in this state on 
or after the effective date of this act shall pr ovide coverage for: 
1.  Clinical genetic testing for an inherited gene mutation for 
individuals with a personal or famil y history of cancer when such 
test provides clinical utility and when orde red or recommended by a 
health care provider in accordance with medical and scientific 
evidence including, but not lim ited to:   
 
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a. the most recent version of the National Compreh ensive 
Cancer Network (NCCN) clinical practice 
recommendations that are level 2 a or higher, 
b. Centers for Medicare and Medicaid Services nat ional 
coverage determinations or Medicare administrative 
contractor local coverage determinations, or 
c. nationally recognized clinical practice guidelines; 
and 
2.  Evidence-based cancer imaging for individuals with an 
increased risk of cancer when such te st provides clinical utility 
and when ordered or recomme nded by a health care provider in 
accordance with the most recent version of the NCCN clinical 
practice recommendations that are level 2a or higher, or in 
accordance with other nationally recognized c linical practice 
guidelines. 
C.  Coverage under this sec tion shall not be subject to any 
annual deductibles, copayments, or coinsurance limits as established 
for all covered benefits under the h ealth benefit plan. 
D.  If application of this section would r esult in health 
savings account ineligibility under Sect ion 223 of the federal 
Internal Revenue Code, as amended, the provisions of this section 
shall only apply to health savings accounts with qualified high 
deductible health plans with respect to the ded uctible of such a 
plan after the enrollee has satisfied the minimum deductible.    
 
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Provided, however, the provisions of th is section shall apply to 
items or services that are preventive care pursu ant to Section 
223(c)(2)(C) of the federal Internal Revenue Co de, as amended, 
regardless of whether the minimum deduct ible has been satisfied. 
SECTION 2.  This act shall become effective November 1, 2024. " 
Passed the House of Representatives the 17th day of April, 2024. 
 
 
 
 
  
Presiding Officer of the House of 
 	Representatives 
 
 
Passed the Senate the ____ day of _______ ___, 2024. 
 
 
 
 
  
Presiding Officer of the Senate 
   
 
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ENGROSSED SENATE 
BILL NO. 1264 	By: Stanley of the Senate 
 
  and 
 
  Miller of the House 
 
 
 
 
[ health insurance - coverage - exclusions - 
codification - effective date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 3.    NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 6060.5b of Title 36, unless 
there is created a duplication in numbering, reads as follows: 
A.  For the purposes of this section: 
1.  “Clinical utility” means clinical utility as defined 
pursuant to Section 6060.5a of Title 36 of the Oklahoma Statutes; 
2.  “Evidence-based cancer imaging ” means appropriate 
preventative screening and imagi ng supported by evidence; 
3.  “Genetic testing for an inherited mutation ” means multi-gene 
testing for an inherited mutation associated with an increased risk 
of cancer; 
4.  “Health benefit plan” means a health benefit plan as defined 
pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes; and   
 
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5.  “Health care provider ” means any physician, hospital, or 
other entity or person that is licensed or otherwise authorized in 
this state to furnish health care services. 
B.  Any health benefit plan includin g the Oklahoma Employees 
Insurance Plan that is offered, issued, or renewed in this stat e on 
or after the effective date of this act shall provide coverage for: 
1.  Clinical genetic testing for an inherited gene mutation for 
individuals with a personal or family history of cancer when such 
test provides clinical utility and when ordered or re commended by a 
health care provider in accordance with medical and scientific 
evidence including, but not limited to: 
a. the most recent version of the National Compreh ensive 
Cancer Network (NCCN) clinical practice 
recommendations that are level 2a or high er, 
b. Centers for Medicare and Medicaid Services national 
coverage determinations or Medicare administrative 
contractor local coverage determinations, and 
c. nationally recognized clinical practice guidelines; 
and 
2.  Evidence-based cancer imaging for ind ividuals with an 
increased risk of cancer when such test provides clinical utility 
and when ordered or recommended by a health care provider in 
accordance with the most recent version of the NCCN clinical 
practice recommendations that are level 2a or highe r, or in   
 
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accordance with other nationally recognized clinical practice 
guidelines. 
C.  Coverage under this section shall not be subject to any 
annual deductibles, copayments, or coinsurance limits as established 
for all covered benefits under the health be nefit plan. 
D.  If application of this section would result in health 
savings account ineligibility under Section 223 of the federal 
Internal Revenue Code, as amended, the provisions of this section 
shall only apply to health savings accounts with qualifie d high 
deductible health plans with respect to the deductible of such a 
plan after the enrollee has satisfied the minimum deductible.  
Provided, however, the provisions of this section shall apply to 
items or services that are preventive care pursuant to S ection 
223(c)(2)(C) of the federal Internal Revenue Code, as amended, 
regardless of whether the minimum deductible has been satisfied. 
SECTION 4.  This act shall become effective November 1, 2024.   
 
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Passed the Senate the 14th day of March, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives