Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1752 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1752 By: Garvin of the Senate
7	37
8	38		and
9	39
10	40		McEntire of the House
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15	45		An Act relating to the state Medicaid program;
16	46		amending Section 1, Chapter 309, O.S.L. 2022 (36 O.S.
17	47		Supp. 2023, Section 6012), which relates to health
18	48		care plan recognition; modifying certain authority of
19	49		the Insurance Department; requiring the Department to
20	50		recognize certain health care plans for specified
21	51		purpose; modifying conditions for recognition;
22	52		amending 56 O.S. 2021, Section 1010.1, as amended by
23	53		Section 2, Chapter 309, O.S.L. 2022 (56 O.S. Supp.
24	54		2023, Section 1010.1), which relates to premium
25	55		assistance program; modifying certain deadline and
26	56		conditions for participation by certain health care
27	57		plans; imposing additional conditions for
28	58		participation; updating statutory language; updating
29	59		statutory reference; providing an effective date; and
30	60		declaring an emergency .
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35		-	SUBJECT: Medicaid
36		-
37	65		BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
38		-
39	66		SECTION 1. AMENDATORY Section 1, Chapter 309, O.S.L.
40	67		2022 (36 O.S. Supp. 2023, Section 6012), is amended to read as
41	68		follows:
42		-
43	69		Section 6012. A health care plan recognized by the The
44	70		Insurance Department that participates shall recognize self -funded
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45	98		or self-insured health care plans for the exclusive purpose of
46	99		participation in the premium assistance program created under
47		-
48		-	ENR. S. B. NO. 1752 Page 2
49	100		Section 1010.1 of Title 56 of the Oklahoma Statutes as of the
50	101		effective date of this act that at a later date becomes a self -
51	102		funded or self-insured health care plan may continue to be
52	103		recognized by the Insurance Department as a health care plan if such
53	104		plan meets if such plans meet the requirements under subsection J of
54	105		Section 1010.1 of Title 56 of the Oklahoma Statutes. The A self-
55	106		funded or self-insured health care plan recognized by the Department
56	107		under this section shall only be considered a health care plan for
57	108		the exclusive purposes of the premium assis tance program created
58	109		under Section 1010.1 of Title 56 of the Oklahoma Statutes.
59		-
60	110		SECTION 2. AMENDATORY 56 O.S. 2021, Sect ion 1010.1, as
61	111		amended by Section 2, Chapter 309, O.S.L. 2022 (56 O.S. Supp. 2023,
62	112		Section 1010.1), is amended to read as follows:
63		-
64	113		Section 1010.1. A. Section 1010.1 et seq. of this title shall
65	114		be known and may be cited as the “Oklahoma Medicaid Program R eform
66	115		Act of 2003”.
67		-
68	116		B. Recognizing that many Oklahomans do not have health care
69	117		benefits or health care cove rage, that many small businesses cannot
70	118		afford to provide health care benefits to their employees, and that,
71	119		under federal law, barriers exist to p roviding Medicaid benefits to
72	120		the uninsured, the Legislature hereby establishes provisions to
73	121		lower the number of uninsured, assist businesses in their ability to
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74	149		afford health care benefits and coverage for their employees, and
75	150		eliminate barriers to provi ding health coverage to eligible
76	151		enrollees under federal law.
77		-
78	152		C. Unless otherwise provided by law, the Oklah oma Health Care
79	153		Authority shall provide co verage under the state Medicaid program to
80	154		children under the age of eighteen (18) years whose family inc omes
81	155		do not exceed one hundred eighty -five percent (185%) of the federal
82	156		poverty level.
83		-
84	157		D. 1. The Authority is directed to apply for a waiver or
85	158		waivers to the Centers for Medicare and Medicaid Services (CMS) that
86	159		will accomplish the purposes outlined in subsection B of this
87	160		section. The Authority is further directed to negotiate with CMS to
88	161		include in the waiver authority provisions to:
89		-
90	162		a. increase access to health care for Oklahomans,
91		-
92		-	ENR. S. B. NO. 1752 Page 3
93		-
94	163		b. reform the Oklahoma Medicaid Program to promote
95	164		personal responsibility for health care services and
96	165		appropriate utilization of health care benefits
97	166		through the use of public -private cost sharing,
98		-
99	167		c. enable small employers, and/or employed, uninsured
100	168		adults with or without children to purchase employer -
101	169		sponsored, state-approved private, or state -sponsored
102	170		health care coverage through a state premium
103	171		assistance payment plan. I f by January 1, 2012, the
104	172		Oklahoma Employer/Employee Partnership for Insurance
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105	200		Coverage Premium Assistance Program premium assistance
106	201		program is not consuming more than seventy -five
107	202		percent (75%) of its dedicated source of funding, then
108	203		the program will be expanded to include parents of
109	204		children eligible for Medicaid, and
110		-
111	205		d. develop flexible health care benefit packages based
112	206		upon patient need and co st.
113		-
114	207		2. The Authority may phase in any waiver or waivers it receives
115	208		based upon available funding.
116		-
117	209		3. The Authority is authorized to develop and imple ment a
118	210		premium assistance plan to assist small businesses and/or their
119	211		eligible employees to purchase emp loyer-sponsored insurance or “buy-
120	212		in” to a state-sponsored benefit plan.
121		-
122	213		4. a. The Authority is authorized to seek from the Centers
123	214		for Medicare and Medicaid Services any waivers or
124	215		amendments to existing waivers necessary to accomplish
125	216		an expansion of the premium assistance program to:
126		-
127	217		(1) include for-profit employers with two hundred
128	218		fifty employees or less up to any level supported
129	219		by existing funding resources, and
130		-
131	220		(2) include not-for-profit employers with five
132	221		hundred employees or less up to any level
133	222		supported by existing funding resources.
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136		-	ENR. S. B. NO. 1752 Page 4
137	250		b. Foster parents employed by employers with greater than
138	251		two hundred fifty employees shall be exempt from the
139	252		qualifying employer requirement provided for in this
140	253		paragraph and shall be eligible to qualify for the
141	254		premium assistance program provided for in this
142	255		section if supported by existing funding.
143		-
144	256		E. For purposes of this paragraph, “for-profit employer” shall
145	257		mean an entity which is not exempt from taxation pursuant to the
146	258		provisions of Section 501(c)(3) of th e Internal Revenue Code and
147	259		“not-for-profit employer” shall mean an entity which is exempt from
148	260		taxation pursuant to the provisions of Section 501(c)(3 ) of the
149	261		Internal Revenue Code.
150		-
151	262		F. The Authority is authorized to seek from the Centers for
152	263		Medicare and Medicaid Services any waivers or amendments to existing
153	264		waivers necessary to accomplish an extension of the premium
154	265		assistance program to include qual ified employees whose family
155	266		income does not exceed two hundred fifty percent (250%) of the
156	267		federal poverty level, subject to the limit of federal financial
157	268		participation.
158		-
159	269		G. The Authority is authorized to create as part of the premium
160	270		assistance program an option to purchase a high -deductible health
161	271		insurance plan that is compatible with a health savings ac count.
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163	299		H. 1. There is hereby created in the State Treasury a
164	300		revolving fund to be designated the “Health Employee and Economy
165	301		Improvement Act (HEEIA) Revolving Fund”.
166		-
167	302		2. The fund shall be a continuing fund, not subject to fiscal
168	303		year limitations, and sh all consist of:
169		-
170	304		a. all monies received by the Authority pursuant to this
171	305		section and otherwise specified or authorized by law,
172		-
173	306		b. monies received by th e Authority due to federal
174	307		financial participation pursuant to Title XIX of the
175	308		Social Security Act, and
176		-
177	309		c. interest attributable to investment of money in the
178	310		fund.
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180		-	ENR. S. B. NO. 1752 Page 5
181		-
182	311		3. All monies accruing to the credit of the fun d are hereby
183	312		appropriated and shall be bud geted and expended by the Authority to
184	313		implement a premium assistance plan and to fund the state share fo r
185	314		the Oklahoma Medicaid program Program on or after July 1, 2020,
186	315		unless otherwise provided by law.
187		-
188	316		I. 1. The Authority shall establish a procedure f or verifying
189	317		an applicant’s individual income by utilizing available Oklahoma Tax
190	318		Commission records, new hire report data collected by the Oklahoma
191	319		Employment Security Commission, and child support payment data
192	320		collected by the Department of Human Service s in accordance with
193	321		federal and state law.
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195	349		2. The Oklahoma Tax Commission, Oklahoma Employment Security
196	350		Commission, and Department of Human Services shall cooperate in
197	351		accordance with federal and state law with the Authority to
198	352		establish procedures for t he secure electronic transmission of an
199	353		applicant’s individual income data to the Authority.
200		-
201	354		3. The Department of Public Safety shall cooperate in
202	355		accordance with federal and state law with the Authority to
203	356		establish procedures for the secure electronic t ransmission of an
204	357		applicant’s individual identification data to the Authority.
205		-
206	358		J. A health care plan An employer participating in the premium
207	359		assistance program created under this section as of the effective
208	360		date of this act that at a later date becomes May 1, 2024, may
209	361		utilize a self-funded or self-insured health care plan may continue
210	362		to participate in the premium assistance program as a participating
211	363		health care plan if:
212		-
213	364		1. The health care plan has continuously participated in the
214	365		premium assistance pr ogram without interruption up to the date it
215	366		becomes a self-funded or self-insured health care plan;
216		-
217	367		2. The self-funded or self-insured health care plan continues
218	368		to be recognized as a health care plan is recognized by the
219	369		Insurance Department under Section 1 of this act Section 6012 of
220	370		Title 36 of the Oklahoma Statutes ;
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224	371		3. 2. The self-funded or self-insured health care plan
225	372		continues to cover covers all essential health benefits as required
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226	400		by the Centers for Medicare and Medicaid Services Authority and all
227	401		other health benefits required under applicable federal laws;
228		-
229	402		3. The self-funded or self-insured health care plan otherwise
230	403		complies with all applicable federal laws including but not limited
231	404		to the Employee Retirement Income Security Act of 1974 (ERI SA);
232		-
233	405		4. The self-funded or self-insured health care plan assesses a
234	406		monthly premium on members and maint ains a rate schedule for
235	407		provider reimbursement;
236		-
237	408		5. The self-funded or self-insured health care plan meets
238	409		actuarial standards for the premium assista nce program as determined
239	410		by the Authority and the employer submits an attestation to the
240	411		Insurance Department that the self-funded or self-insured health
241	412		care plan meets such actuarial standards ; and
242		-
243	413		4. 6. The Authority receives the necessary federal app roval for
244	414		self-funded or self-insured health care plans to participate in the
245	415		premium assistance program.
246		-
247	416		SECTION 3. This act shall become effective July 1, 2024.
248		-
249	417		SECTION 4. It being immediately necessary for the preservat ion
250	418		of the public peace, health or safety, an emergency is hereby
251	419		declared to exist, by reason whereof th is act shall take effect and
252	420		be in full force from and after its passage and approval.
253	421
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255		-	ENR. S. B. NO. 1752 Page 7
256		-	Passed the Senate the 1 4th day of March, 2024.
257		-
258		-
259		-
260		-	Presiding Officer of the Senate
261		-
262		-
263		-	Passed the House of Repr esentatives the 17th day of April, 2024.
264		-
265		-
266		-
267		-	Presiding Officer of the House
268		-	of Representatives
269		-
270		-	OFFICE OF THE GOVERNOR
271		-	Received by the Office of the Governor this _______ _____________
272		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
273		-	By: _________________________________
274		-	Approved by the Governor of the State of Oklahoma this _______ __
275		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
276		-
277		-	_________________________________
278		-	Governor of the State of Oklahoma
279		-
280		-
281		-	OFFICE OF THE SECRETARY OF STATE
282		-	Received by the Office of the Secretary of State this _______ ___
283		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
284		-	By: _________________________________
	422	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	423	+	04/11/2024 - DO PASS.