ENGR. H. A. to ENGR. S. B. NO. 1264 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 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: ENGR. H. A. to ENGR. S. B. NO. 1264 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 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: ENGR. H. A. to ENGR. S. B. NO. 1264 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 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. ENGR. H. A. to ENGR. S. B. NO. 1264 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 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 ENGR. S. B. NO. 1264 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 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 ENGR. S. B. NO. 1264 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 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 ENGR. S. B. NO. 1264 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 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. ENGR. S. B. NO. 1264 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 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