Oklahoma 2025 Regular Session

Oklahoma House Bill HB2055 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2055 By: Stinson
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3838 AS INTRODUCED
3939
4040 An Act relating to poor persons; amending 56 O.S.
4141 2021, Section 4002.2, as last amended by Section 1,
4242 Chapter 448, O.S.L. 2024 (56 O.S. Supp. 2024, Section
4343 4002.2), which relates to ensuring access to Medicaid
4444 Act; clarifying definition; and providing an
4545 effective date.
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5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 56 O.S. 2021, Section 4002.2, as
5252 last amended by Section 1, Chapter 448, O.S.L. 2024 ( 56 O.S. Supp.
5353 2024, Section 4002.2), is amended to read as follows:
5454 Section 4002.2. As used in the Ensuring Access to Medicaid Act:
5555 1. "Adverse determination " has the same meaning as provided by
5656 Section 6475.3 of Title 36 of the Oklahoma Statutes;
5757 2. "Accountable care organization " means a network of
5858 physicians, hospitals, and other health care providers that provides
5959 coordinated care to Medicaid members;
6060 3. "Claims denial error rate" means the rate of claims denials
6161 that are overturned on appeal;
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8888 4. "Capitated contract" means a contract between the Oklahoma
8989 Health Care Authority and a contracted entity for delivery of
9090 services to Medicaid members in which the Authority pays a fixed,
9191 per-member-per-month rate based on actuarial calculations;
9292 5. "Children's Specialty Plan" means a health care plan that
9393 covers all Medicaid services other than dental services and is
9494 designed to provide care to:
9595 a. children in foster care,
9696 b. former foster care children up to twenty -five (25)
9797 years of age,
9898 c. juvenile-justice-involved children, and
9999 d. children receiving adoption assistance ,
100100 e. children involved in a Family Centered Services (FCS)
101101 case through the Child Welfare Services division of
102102 the Department of Human Services,
103103 f. children in the custody of the Department of Human
104104 Services and placed at home under court supervision,
105105 g. children who are placed at home in a trial
106106 reunification plan administered by the Department of
107107 Human Services, and
108108 h. Medicaid enrolled parents and guardians whose children
109109 are in an FCS case, are in trial reunification, or are
110110 in the custody of the Department of Human Services in
111111 Foster Care or under court supervision ;
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138138 6. "Clean claim" means a properly completed billing form with
139139 Current Procedural Terminology, 4th Edition or a more recent
140140 edition, the Tenth Revision of the International Classification of
141141 Diseases coding or a more recent revision, or Healthcare Common
142142 Procedure Coding System coding where applicabl e that contains
143143 information specifically required in the Provider Billing and
144144 Procedure Manual of the Oklahoma Health Care Authority, as defined
145145 in 42 C.F.R., Section 447.45(b);
146146 7. "Commercial plan" means an organization or entity that
147147 undertakes to provide or arrange for the delivery of health care
148148 services to Medicaid members on a prepaid basis and is subject to
149149 all applicable federal and state laws and regulations;
150150 8. "Contracted entity" means an organization or entity that
151151 enters into or will enter in to a capitated contract with the
152152 Oklahoma Health Care Authority for the delive ry of services
153153 specified in the Ensuring Access to Medicaid Act that will assume
154154 financial risk, operational accountability, and statewide or
155155 regional functionality as defined in the Ensuring Access to Medicaid
156156 Act in managing comprehensive health outcomes of Medicaid members.
157157 For purposes of the Ensuring Access to Medicaid Act, the term
158158 contracted entity includes an accountable care organization, a
159159 provider-led entity, a commerc ial plan, a dental benefit manager, or
160160 any other entity as determined by the A uthority;
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187187 9. "Dental benefit manager " means an entity that handles claims
188188 payment and prior authorizations and coordinates dental care with
189189 participating providers and Medicaid members;
190190 10. "Essential community provider " means:
191191 a. a Federally Qualified Health Center,
192192 b. a community mental health center,
193193 c. an Indian Health Care Provider,
194194 d. a rural health clinic,
195195 e. a state-operated mental health hospital,
196196 f. a long-term care hospital serving children (LTCH -C),
197197 g. a teaching hospital owned, jointly owned, or
198198 affiliated with and designated by the University
199199 Hospitals Authority, University Hospitals Trust,
200200 Oklahoma State University Medical Authority, or
201201 Oklahoma State University Me dical Trust,
202202 h. a provider employed by or contracted with, or
203203 otherwise a member of the faculty practice plan of:
204204 (1) a public, accredited medical school in this
205205 state, or
206206 (2) a hospital or health care entity directly or
207207 indirectly owned or operated by the University
208208 Hospitals Trust or the Oklahoma State University
209209 Medical Trust,
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236236 i. a county department of health or city -county health
237237 department,
238238 j. a comprehensive community addiction recovery center,
239239 k. a hospital licensed by this state including all
240240 hospitals participating in the Supplemental Hospital
241241 Offset Payment Program,
242242 l. a Certified Community Behavioral Health Clinic
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244244 m. a provider employed by or contracted with a primary
245245 care residency program accredited by the Accreditation
246246 Council for Graduate Medical Education,
247247 n. any additional Medicaid provider as approved by the
248248 Authority if the provider either offers services that
249249 are not available from any other provider within a
250250 reasonable access standard or provides a substantial
251251 share of the total units of a particular service
252252 utilized by Medicaid members within the region during
253253 the last three (3) years, and the combined capacity of
254254 other service providers in the region is insufficient
255255 to meet the total needs of the Medicaid members,
256256 o. a pharmacy or pharmacist, or
257257 p. any provider not otherwise mentioned in this paragraph
258258 that meets the definition of "essential community
259259 provider" under 45 C.F.R., Section 156.235;
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286286 11. "Material change" includes, but is not limited to, any
287287 change in overall business operations such as policy, process or
288288 protocol which affects, or can reasonably be expected to affect,
289289 more than five percent (5%) of enrollees or participating providers
290290 of the contracted entity;
291291 12. "Governing body" means a group of individuals appoint ed by
292292 the contracted entity who approve policies, operations, profit/loss
293293 ratios, executive employment decisions, and who have overall
294294 responsibility for the operations of the contracted entity of which
295295 they are appointed;
296296 13. "Local Oklahoma provider org anization" means any state
297297 provider association, accountable care organization, Certified
298298 Community Behavioral Health Clinic, Federally Qualified Health
299299 Center, Native American tribe or tribal association, hospital or
300300 health system, academic medical instit ution, currently practicing
301301 licensed provider, or other local Oklahoma provide r organization as
302302 approved by the Authority;
303303 14. "Medical necessity" has the same meaning as "medically
304304 necessary" in Section 6592 of Title 36 of the Oklahoma Statutes;
305305 15. "Participating provider " means a provider who has a
306306 contract with or is employed by a contracted entity to provide
307307 services to Medicaid members as authorized by the Ensuring Access to
308308 Medicaid Act;
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335335 16. "Provider" means a health care or dental provider licens ed
336336 or certified in this state or a provider that meets the Authority 's
337337 provider enrollment criteria to contract with the Authority as a
338338 SoonerCare provider;
339339 17. "Provider-led entity" means an organization or entity, a
340340 majority of whose governing body is c omposed of individuals who:
341341 a. have experience serving Medicaid members and:
342342 (1) are licensed in this state as physicians,
343343 physician assistants, or Advanced Practice
344344 Registered Nurses,
345345 (2) at least one board member is a licensed
346346 behavioral health provider, or
347347 (3) are employed by:
348348 (a) a hospital or other medical facility
349349 licensed by this state and operating in this
350350 state, or
351351 (b) an inpatient or outpatient mental health or
352352 substance abuse treatment facility or
353353 program licensed or certified by this state
354354 and operating in this state,
355355 b. represent the providers or facilities described in
356356 subparagraph a of this paragraph including, but not
357357 limited to, individuals who are employed by a
358358 statewide provider association, or
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385385 c. are nonclinical administrators of clinical practices
386386 serving Medicaid members;
387387 18. "Provider-owned entity" means an organization or entity, a
388388 majority of whose ownership is held by Medicaid providers in this
389389 state or is held by an entity that directly or indirectly owns or is
390390 under common ownersh ip with Medicaid providers in this state;
391391 19. "Statewide" means all counties of this state including the
392392 urban region; and
393393 20. "Urban region" means:
394394 a. all counties of this state with a county population of
395395 not less than five hundred thousand (500,000)
396396 according to the latest Federal Decennial Census, and
397397 b. all counties that are contiguous to the counties
398398 described in subparagraph a of this paragraph,
399399 combined into one region.
400400 SECTION 2. This act shall become effective July 1, 2026.
401401
402402 60-1-10140 TJ 01/06/25