Oklahoma Code § 56-1011.3

Title 56. Poor Persons: Powers, duties and responsibilities of Health Care
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Authority – Program opt-out option.
A.  The Oklahoma Health Care Authority shall have the following
powers, duties, and responsibilities with respect to the development
of the program established in Section 1011.2 of this title:
1.  The consumer education component shall include the
following:
a. to develop a choice counseling system to ensure that
the choice counseling process and related material are
designed to provide consumers an understanding of both
public and private health insurance options provided
by this act including incentives through face-to-face
interaction, by telephone, and in writing, and through
other forms of relevant media,
b. to develop a system to ensure that there is record of
recipient acknowledgment that choice counseling has
been provided, and
c. to develop a choice counseling system that promotes
health literacy and includes an educational component
that is intended to promote proper utilization of the
health care system;
2.  The consumer choice component shall include a comprehensive
feasibility study to allow individuals more choices in their health
care coverage including, but not limited to, employer-sponsored
insurance options, and may include the following:

a. to develop a system to enable Medicaid consumers to
opt out of their current Medicaid program and purchase
health care coverage through their employer-sponsored
health insurance plan or access commercial health
insurance policies for their eligible family members,
b. to develop an actuarially sound average cost per
Medicaid consumer to provide medically necessary
services.  This value shall be used for a voucher
system to subsidize Medicaid consumers’ premium costs
for their employer-sponsored or commercial health
insurance option,
c. to develop a process for Medicaid consumers to select
commercial health insurance options, the Oklahoma
Health Care Authority may develop a plan to implement
a personal health account system as an enhanced
benefit.  Monies deposited into a personal health
account shall only be used by the recipient to defray
health-care-related costs including, but not limited
to, copayments, noncovered benefits, and wellness
initiatives.  The Health Care Authority shall
promulgate rules guiding personal health account
transactions;
3.  To provide a grievance-resolution process for Medicaid
consumers enrolled in a health plan.  This process shall include a
mechanism for an expedited review of a grievance if the life of a
Medicaid recipient is in imminent and emergent jeopardy; and
4.  To provide a grievance-resolution process for health care
providers employed by or contracted with a health plan to settle
disputes among the provider and the health plan or the provider and
the Oklahoma Health Care Authority.
B.  Medicaid consumers electing to opt out of the current
program shall be subject to cost-sharing requirements, preexisting-
condition clauses and the possibility of different benefits of their
employer-sponsored insurance or selected commercial health care
provider.  The consumer shall also be responsible to pay for any
cost differential between the state subsidy and their premium cost
should their premium cost be higher.  If the cost is lower than the
state subsidy, then the difference may be placed into a personal
health account.
C.  Notwithstanding any other provision of this section,
coverage, cost sharing, and any other component of employer-
sponsored health insurance shall be governed by applicable state and
federal laws.
D.  The Oklahoma Health Care Authority shall develop a system to
ensure that the implementation of the provisions of this act do not
negatively affect the ability of American Indian or Alaska Native
beneficiaries to access services at Indian Health Service

facilities, tribally operated health facilities and Urban Indian
Health Programs.
E.  The Oklahoma Health Care Authority shall develop a system to
ensure that the implementation of the provisions of this act do not
negatively affect the reimbursement structure between the Oklahoma
Health Care Authority and the Indian Health Service facilities,
tribally operated health facilities and urban health programs.
F.  The Oklahoma Health Care Authority shall develop mechanisms
through intergovernmental transfers which will allow tribally
operated facilities that elect to provide services to beneficiaries
other than American Indian or Alaska Native beneficiaries to receive
reimbursement for such services.

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