1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 207 By: Garvin
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Health Care
7 Authority; amending 63 O.S. 2011, Section 5052, which
8 relates to hearings; authorizing the Administrator of
8 the Authority to designate an administrative law
9 judge to perform certain duties; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2011, Section 5052, is
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14 amended to read as follows:
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15 Section 5052. A. Any applicant or recipient, adversely
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16 affected by a decision of the Oklahoma Health Care Authority on
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17 benefits or services provided pursuant to the provisions of this
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18 title, shall be afforded an opportunity for a hearing pursuant to
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19 the provisions of subsection B of this section after such applicant
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20 or recipient has been notified of the adverse decision of the
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21 Authority.
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22 B. 1. Upon timely receipt of a request for a hearing as
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23 specified in the notice of adverse decision and exhaustion of other
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24 available administrative remedies, the Authority shall hold a
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 1 hearing pursuant to the provisions of rules promulgated by the
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2 Oklahoma Health Care Authority Board pursuant to this section.
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3 2. The record of the hearing shall include, but shall not be
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4 limited to:
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5 a. all pleadings, motions, and intermediate rulings,
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6 b. evidence received or considered,
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7 c. any decision, opinion, or report by the officer
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8 presiding at the hearing, and
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9 d. all staff memoranda or data submitted to the hearing
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10 officer or members of the agency in connection with
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11 their consideration of the case.
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12 3. Oral proceedings shall be electronically recorded by the
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13 Authority. Any party may request a copy of the tape recording of
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14 such person’s administrative hearing or may request a transcription
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15 of the tape recording to comply with any federal or state law.
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16 C. Any decision of the Authority after such a hearing pursuant
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17 to subsection B of this section shall be subject to review by the
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18 Administrator of the Oklahoma Health Care Authority or designated
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19 administrative law judge upon a timely request for review by the
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20 applicant or recipient. The Administrator may only designate an
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21 administrative law judge at another state agency, as established in
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22 the State Medicaid Plan and approved by the Centers for Medicare and
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23 Medicaid Services. The Administrator or designated administrative
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24 law judge shall issue a decision after review. A hearing decision
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 1 of the Authority shall be final and binding unless a review is
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2 requested pursuant to the provisions of this subsection. The
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3 decision of the Administrator or designated administrative law judge
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4 may be appealed to the district court in which the applicant or
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5 recipient resides within thirty (30) days of the date of the
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6 decision of the Administrator or designated administrative law judge
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7 as provided by the provisions of subsection D of this section.
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8 D. Any applicant or recipient under this title who is aggrieved
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9 by a decision of the Administrator or designated administrative law
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10 judge rendered pursuant to this section may petition the district
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11 court in which the applicant or recipient resides for a judicial
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12 review of the decision pursuant to the provisions of Sections 318
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13 through 323 of Title 75 of the Oklahoma Statutes. A copy of the
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14 petition shall be served by mail upon the general counsel of the
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15 Authority.
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16 SECTION 2. This act shall become effective November 1, 2021.
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18 58-1-613 DC 12/30/2020 12:55:32 PM
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