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Oklahoma Legislature· HB 1820Referred to Appropriations and Budget Human Services Subcommittee

An act relating to poor persons, the official text

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1                      STATE OF OKLAHOMA

2          1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1820                  By: Newton

4

5

6                               AS INTRODUCED

7   An Act relating to poor persons; amending 56 O.S.

    2021, Sections 246 and 247, which relate to the Act

8   to Restore Hope, Opportunity, and Prosperity for

    Everyone; removing language related to verifying

9   eligibility information; and providing an effective

    date.

10

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.         AMENDATORY  56 O.S. 2021, Section 246, is

15 amended to read as follows:

16  Section 246. A. This act shall be known and may be cited as

17 the "Act to Restore Hope, Opportunity and Prosperity for Everyone"

18 or the "HOPE Act".

19  B. Prior to awarding assistance under Medicaid, the Oklahoma

20 Health Care Authority shall verify eligibility information of each

21 applicant, excluding those applicants who would be eligible under

22 the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and

23 excluding those applicants with intellectual disabilities receiving

24 Home and Community Based Medicaid waiver and state-funded services.

    Req. No. 11387                                        Page 1
1   C. The information verified by the Authority shall include, but

2 is not limited to:

3   1. Earned and unearned income;

4   2. Employment status and changes in employment;

5   3. Immigration status;

6   4. Residency status, including a nationwide best-address source

7 to verify individuals are residents of the state;

8   5. Enrollment status in other state-administered public

9 assistance programs;

10  6. Financial resources;

11  7. Incarceration status;

12  8. Death records;

13  9. Enrollment status in public assistance programs outside of

14 this state; and

15  10. Potential identity fraud or identity theft.

16  D. The Authority shall sign a memorandum of understanding with

17 any department, agency or division for information detailed in

18 subsection C of this section.

19  E. The Authority shall contract with one or more independent

20 vendors to provide information detailed in subsection C of this

21 section. Any contract entered under this subsection shall establish

22 annualized savings that exceed the contract's total annual cost to

23 the state.

24

    Req. No. 11387                                                  Page 2
1   F. Nothing in this section shall preclude the Authority from

2 receiving, reviewing or verifying additional information related to

3 eligibility not detailed in this section or from contracting with

4 one or more independent vendors to provide additional information

5 not detailed in this section.

6   SECTION 2.         AMENDATORY  56 O.S. 2021, Section 247, is

7 amended to read as follows:

8   Section 247. A. On a quarterly basis, the Oklahoma Health

9 Care Authority shall receive and review information concerning

10 individuals enrolled in Medicaid that indicates a change in

11 circumstances that may affect eligibility, excluding those

12 individuals who would be eligible under the Tax Equity and Fiscal

13 Responsibility Act of 1982 (TEFRA) and excluding those individuals

14 with intellectual disabilities receiving Home and Community Based

15 Medicaid waiver and state-funded services.

16  B. The information provided to the Authority shall include, but

17 is not limited to:

18  1. Earned and unearned income;

19  2. Employment status and changes in employment;

20  3. Residency status;

21  4. Enrollment status in other state-administered public

22 assistance programs;

23  5. Financial resources;

24  6. Incarceration status;

    Req. No. 11387                                                Page 3
1   7. Death records;

2   8. Lottery winnings; and

3   9. Enrollment status in public assistance programs outside of

4 this state.

5   C. The Authority shall sign a memorandum of understanding with

6 any department, agency or division for information detailed in

7 subsection B of this section.

8   D. The Authority shall contract with one or more independent

9 vendors to provide information detailed in subsection B of this

10 section. Any contract entered under this subsection shall establish

11 annualized savings that exceed the contract's total annual cost to

12 the state.

13  E. The Authority shall explore joining any multistate

14 cooperative to identify individuals who are also enrolled in public

15 assistance programs outside of this state, including the National

16 Accuracy Clearinghouse.

17  F. Nothing in this section shall preclude the Authority from

18 receiving or reviewing additional information related to eligibility

19 not detailed in this section or from contracting with one or more

20 independent vendors to provide additional information not detailed

21 in this section.

22  G. If the Authority receives information concerning an

23 individual enrolled in Medicaid that indicates a change in

24

    Req. No. 11387                                                 Page 4
1 circumstances that may affect eligibility, the Authority shall

2 review the individual's case using the following procedures:

3   1. If the information does not result in the Authority finding

4 a discrepancy or change in an individual's circumstances that may

5 affect eligibility, the Authority shall take no further action;

6   2. If the information results in the Authority finding a

7 discrepancy or change in an individual's circumstances that may

8 affect eligibility, the Authority shall promptly redetermine

9 eligibility after receiving such information;

10  3. If the information results in the Authority finding a

11 discrepancy or change in an individual's circumstances that may

12 affect eligibility, the individual shall be given an opportunity to

13 explain the discrepancy; provided, however, that self-declarations

14 by applicants or recipients shall not be accepted as verification;

15  4. The Authority shall provide notice to the individual which

16 shall describe in sufficient detail the circumstances of the

17 discrepancy or change, the manner in which the applicant or

18 recipient may respond, and the consequences of failing to take

19 action. The applicant or recipient shall have ten (10) business

20 days to respond in an attempt to resolve the discrepancy or change.

21 The explanation provided by the recipient or applicant shall be

22 given in writing. After receiving the explanation, the Authority

23 may request additional documentation if it determines that there is

24 risk of fraud, misrepresentation or inadequate documentation;

    Req. No. 11387                                                  Page 5
1   5. If the individual does not respond to the notice, the

2 Authority shall discontinue assistance for failure to cooperate, in

3 which case the Authority shall provide notice of intent to

4 discontinue assistance. Eligibility for assistance shall not be

5 established or reestablished until the discrepancy or change has

6 been resolved;

7   6. If an individual responds to the notice and disagrees with

8 the findings, the Authority shall reinvestigate the matter. If the

9 Authority finds that there has been an error, the Authority shall

10 take immediate action to correct it and no further action shall be

11 taken. If, after an investigation, the Authority determines that

12 there is no error, the Authority shall determine the effect on the

13 individual's case and take appropriate action. Written notice of

14 the Authority action shall be given to the individual; and

15  7. If the individual agrees with the findings, the Authority

16 shall determine the effect on the individual's case and take

17 appropriate action. Written notice of the Authority action shall be

18 given to the individual. In no case shall the Authority discontinue

19 assistance upon finding a discrepancy or change in circumstances

20 until the individual has been given notice of the discrepancy and

21 the opportunity to respond as required under the HOPE Act.

22  SECTION 3. This act shall become effective November 1, 2025.

23

24  60-1-11387      CMA  12/19/24

    Req. No. 11387                                               Page 6
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