48 | 39 | | |
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49 | 40 | | An Act relating to insurance; providing definitions; |
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50 | 41 | | directing for bills providing mandates impacting |
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51 | 42 | | health benefit plans be assigned t o certain insurance |
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52 | 43 | | committees; providing for when an impact analysis |
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53 | 44 | | shall be required; prohibiting certain bills from |
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54 | 45 | | being reported out of committee without required |
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55 | 46 | | impact analysis; directing the Legislative Service |
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56 | 47 | | Bureau to submit certain bills to Ok lahoma Insurance |
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57 | 48 | | Department; directing Department to return report |
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58 | 49 | | within time frame; providing required contents of |
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59 | 50 | | report; permitting contracting with third party; |
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60 | 51 | | permitting Department to seek input from state |
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105 | 95 | | 2. "Department" means the Oklahoma Insurance Department as |
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106 | 96 | | established in Section 301 of Title 36 of the Oklahoma Statutes; |
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107 | 97 | | 3. "Health benefit plan" means a health benefit plan as defined |
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108 | 98 | | pursuant to Section 606 0.4 of Title 36 of the Oklahoma Statutes; and |
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109 | 99 | | 4. "Mandate" means any requirement proposed in legislation or |
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110 | 100 | | regulation that obligates health benefit plans to: |
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111 | 101 | | a. provide, offer, or expand coverage for specific health |
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112 | 102 | | care services or providers, treatments, medical |
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113 | 103 | | supplies, or populations , or |
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114 | 104 | | b. implement operational or administrative processes such |
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115 | 105 | | as prior authorization, reporting requirements, or |
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116 | 106 | | claims procedures. |
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117 | 107 | | SECTION 2. NEW LAW A new section of law to be codified |
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118 | 108 | | in the Oklahoma Statutes as Section 8001 of Title 36, unless there |
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119 | 109 | | is created a duplication in numbering, reads as follows: |
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120 | | - | No bill providing for a mandate impacting the health plans in |
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121 | | - | the state may be considered or adopted by the House of |
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| 110 | + | A. When a bill providing for a mandate impacting health benefit |
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| 111 | + | plans in this state is introduced, it shall be assigned to the |
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| 112 | + | respective Senate or House of Representatives standing committee or |
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| 113 | + | subcommittee that is primarily responsible for the consideration of |
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| 114 | + | insurance legislation. |
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| 115 | + | B. If a majority of the total me mbership of such committee is |
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| 116 | + | opposed to the bill or should such bill not rece ive a hearing in |
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| 117 | + | such committee, no impact analysis as provided for in this section |
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| 118 | + | shall be necessary, and the bill shall not be reported out by the |
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149 | | - | Representatives or the Senate unless there is an impact analysis of |
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150 | | - | the bill. |
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| 145 | + | committee and shall not be a dopted or considered by the House of |
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| 146 | + | Representatives or the Senate. If a majority of the committee |
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| 147 | + | wishes to consider the bill further and votes in favor of an impact |
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| 148 | + | analysis of the bill, an impact analysis shall be required as |
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| 149 | + | provided in Section 3 of t his act. |
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| 150 | + | C. Except as otherwise provided by subsections B and D of |
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| 151 | + | Section 3 of this act, no bill providing for a mandate impacting the |
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| 152 | + | health plans in this state may be reported out of the committee to |
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| 153 | + | which it is assigned or may be considered or adopted by the House of |
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| 154 | + | Representatives or the Senate unless an impact analysis of the bill |
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| 155 | + | is requested in accordance with Section 3 of this act. |
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154 | | - | A. When the Speaker of the House or Pro Tempore o f the Senate |
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155 | | - | or their delegates decides a bill con tains a mandate impacting |
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156 | | - | health benefit plans as provided for in section 2 of this act, they |
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157 | | - | shall direct the Legislative Service Bureau to submit such bill to |
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158 | | - | the Oklahoma Insurance Department for the purpose of conducting an |
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159 | | - | impact analysis. |
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| 159 | + | A. When a committee of the Legislature votes to submit a bill |
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| 160 | + | for an impact analysis as provided for in Section 2 of this act, the |
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| 161 | + | Legislative Service Bureau shall subm it such bill to the Oklahoma |
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| 162 | + | Insurance Department for the purposes of conducting an impact |
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| 163 | + | analysis. |
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200 | 203 | | (1) a review of peer-reviewed studies, clinical |
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201 | 204 | | guidelines, and other scientific evidence |
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202 | 205 | | evaluating the effectiveness of the treatment or |
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203 | 206 | | service, and |
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204 | 207 | | (2) input from medical experts and professional |
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205 | 208 | | organizations as appropriate, |
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206 | 209 | | c. financial impact: |
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207 | 210 | | (1) the estimated effect on insurance premiums for |
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208 | 211 | | consumers and employers, |
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209 | 212 | | (2) the potential cost implications for insurers, |
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210 | 213 | | health care providers, and state-funded programs |
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211 | 214 | | that provide payment for covered services, and |
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212 | 215 | | (3) any anticipated impact on the stability of the |
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213 | 216 | | state's insurance market. |
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214 | 217 | | C. The Department may contract with a third -party vendor who |
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215 | 218 | | specializes in actuarial services, i nsurance mandate reviews, or |
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216 | | - | other services which the Departme nt deems necessary to carry out the |
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217 | | - | provisions of this act; and |
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218 | | - | D. The Department may seek the input and expertise of any |
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219 | | - | agency of this state to evaluate the potential impact to state - |
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220 | | - | funded programs that provide payment for covered services. |
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221 | | - | E. The Bureau shall not submit more than six referrals, equa lly |
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222 | | - | divided between the House of Representatives and the Senate, for |
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223 | | - | analysis to the Department per fiscal year. Any additional referral |
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| 245 | + | other services which the Department deems necessa ry to carry out the |
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| 246 | + | provisions of this act; and |
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| 247 | + | D. The Department may seek the input and expertise of any |
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| 248 | + | agency of this state to evaluate the potential impact to state - |
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| 249 | + | funded programs that provide payment for covered services. |
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| 250 | + | E. Any amendment, conference committee report, or other |
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| 251 | + | legislative proposal to a bill providing for a mandate impacting |
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| 252 | + | health benefit plans in this state, which has not been submitted by |
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| 253 | + | the Bureau for analysis, may, upon written request of the Chairman |
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| 254 | + | of the committee having ju risdiction over such amendment or the |
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| 255 | + | Floor Leader of the respective chamber of the Legislature, have the |
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| 256 | + | Bureau submit such amendment, conference committee report, or other |
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| 257 | + | legislative proposal to the Department for review. |
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| 258 | + | F. The Bureau shall not submit more than five referrals for |
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| 259 | + | analysis to the Department per fiscal year. Any additional referral |
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