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Oklahoma Legislature· HB 3928Policy recommendation to the Commerce and Economic Development Oversight committee; Do Pass, amended by committee substitute Insurance

An act relating to vision insurance, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                    STATE OF OKLAHOMA

2            2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3928               By: Worthen

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6                    AS INTRODUCED

7   An Act relating to vision insurance; amending Section

    2, Chapter 360, O.S.L. 2024 (36 O.S. Supp. 2025,

8   Section 6973), which relates to reimbursements,

    charges, and pricing related to vision insurance;

9   modifying citation; requiring reimbursement of

    licensed optometric physicians for covered services

10  be not less than sixtieth percentile of usual charge

    for same services; prohibiting increases in

11  reimbursement being offset by decrease for ophthalmic

    materials; providing exception for uniform

12  application of changes; prohibiting reduction in

    reimbursements to providers for using nonaffiliated

13  labs or frame vendors if credentialing standards are

    met; requiring disclosure of certain reimbursements;

14  providing for codification; and providing an

    effective date.

15

16

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

18  SECTION 1.      AMENDATORY  Section 2, Chapter 360, O.S.L.

19 2024 (36 O.S. Supp. 2025, Section 6973), is amended to read as

20 follows:

21  Section 6973. A. No agreement between an insurer or prepaid

22 vision plan and a vision care provider may require that a provider

23 provide services or materials at a fee limited or set by the insurer

24 or prepaid vision plan, unless the services or materials are

    Req. No. 15930                                                 Page 1
1 reimbursed as covered services or covered materials under the

2 contract.

3   B. A provider shall not charge more for services and materials

4 that are not covered services or materials to an enrollee of a

5 prepaid vision plan or insurer than his or her usual and customary

6 rate for those services and materials.

7   C. Reimbursements paid by an insurer or prepaid vision plan for

8 covered services and covered materials, regardless of the supplier

9 or optical lab used to obtain materials, shall be at the usual,

10 customary, and reasonable rate and made available to the vision care

11 provider prior to the provider accepting a contract from the insurer

12 or prepaid vision plan. An insurer or prepaid vision plan shall not

13 provide nominal reimbursement or advertise services and materials to

14 be covered with additional copay or coinsurance in order to claim

15 that services and materials are covered services and materials if

16 the health benefit plan or prepaid vision plan does not reimburse

17 for the services or materials.

18  D. Prepaid vision plans shall not in any manner impact the

19 pricing of noncovered services or materials.

20  E. Prepaid vision plans shall provide standard reimbursements

21 for all lenses with the same design, quality, and composition. The

22 period of time prescribed by a contract between any prepaid vision

23 plan and a provider for the plan to recover any reimbursement amount

24 from a provider shall be the same period of time allowed or required

    Req. No. 15930                                                 Page 2
1 for any provider to recover any reimbursement amount from a prepaid

2 vision plan.

3   F. A prepaid vision plan shall not use extrapolation to

4 complete an audit of a vision care provider. Any additional payment

5 due to a provider or any refund to a prepaid vision plan shall be

6 based on actual overpayment or underpayment and shall not be based

7 on extrapolation.

8   G. A prepaid vision plan shall not incentivize patients to

9 receive vision care services at an entity owned wholly or in part by

10 the plan or subsidiaries of the plan. Any entity providing vision

11 care services shall provide notice to patients that an entity is

12 owned wholly or in part by the plan or subsidiaries of the plan.

13  H. No person or entity shall sell, solicit, or negotiate any

14 prepaid vision plan to an enrollee in this state without an approved

15 certificate of authority under Section 7 of this act 6978 of this

16 title.

17  I. A vision benefit plan or an insurer/insurance company,

18 health maintenance organization (HMO), vision benefit managers,

19 or nonprofit optometric service and indemnity corporation and any

20 affiliate, subsidiary, agent, contractor, subcontractor, or other

21 designee acting on behalf of, at the direction of, or under

22 common control with any of the foregoing, shall reimburse licensed

23 optometric physicians for covered services at a rate not less than

24 the sixtieth percentile of usual and customary charges for the same

    Req. No. 15930                                                  Page 3
1 services or materials in the same geographic region, as determined

2 by a nationally known independent nonprofit that collects data from

3 privately billed health insurance claims as determined by the

4 Oklahoma Insurance Commissioner.

5   J. Any increase in reimbursement for covered services shall not

6 be offset by a decrease in reimbursement for ophthalmic materials

7 (including frames, lenses, and contacts), unless such changes apply

8 uniformly to all providers, including those owned or employed by the

9 vision benefit plan and including those practicing in a clinic owned

10 by the vision benefit plan, or the provider is employed by a company

11 which has any ownership by the plan.

12  K. A vision benefit plan or an insurer/insurance company,

13 health maintenance organization (HMO), vision benefit managers,

14 or nonprofit optometric service and indemnity corporation and any

15 affiliate, subsidiary, agent, contractor, subcontractor, or other

16 designee acting on behalf of, at the direction of, or under

17 common control with any of the foregoing shall not reduce

18 reimbursements to providers for using nonaffiliated labs or frame

19 vendors if they meet credentialing standards.

20  L. A vision benefit plan or an insurer/insurance company,

21 health maintenance organization (HMO), vision benefit managers,

22 or nonprofit optometric service and indemnity corporation and any

23 affiliate, subsidiary, agent, contractor, subcontractor, or other

24 designee acting on behalf of, at the direction of, or under

    Req. No. 15930                                                  Page 4
1 common control with any of the foregoing shall be required to

2 disclose average reimbursements to affiliated and independent

3 providers for both services and materials.

4   SECTION 2. This act shall become effective November 1, 2026.

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6   60-2-15930      MJ  01/14/26

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    Req. No. 15930                                               Page 5
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