Purposes - Exhaustion of benefits - Asset disregard. A. Upon repeal of the restrictions to asset protection contained in the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312, there shall be established the Oklahoma Long-Term Care Partnership Program, to be administered by the Oklahoma Health Care Authority, with the assistance of the Insurance Department, to do the following: 1. Provide incentives for individuals to insure against the costs of providing for their long-term care needs; 2. Provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; 3. Provide counseling services to individuals in planning for their long-term care needs; and 4. Alleviate the financial burden on the state’s Medicaid program by encouraging the pursuit of private initiatives. B. Upon exhaustion of benefits under a Long-Term Care Partnership Program policy, certain resources of an individual, as described in subsection C of this section, shall not be considered by the Authority when determining any of the following: 1. Medicaid eligibility; 2. The amount of any Medicaid payment; and 3. Any subsequent recovery by the state of a payment for medical services. C. The Oklahoma Health Care Authority shall amend the state Medicaid program to allow for asset disregard. The Authority shall provide for asset disregard by counting insurance benefits paid under a policy toward asset disregard to the extent the payments are for covered services under the Oklahoma Long-Term Care Partnership Program for purchasers of an Oklahoma Long-Term Care Partnership Program approved policy.
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