Health

HB1270 Paraphrase: HB1270, by Rep. Elise Hall, R-Oklahoma City and Sen. James Leewright, R-Bristow, creates the Act to Restore Hope, Opportunity and Prosperity for Everyone. It requires the Oklahoma Health Care Authority and the Department of Human Services (DHS) to verify eligibility information prior to awarding assistance under Medicaid. It allows the information to include, but not limited to, earned and unearned income, employment status and changes in employment, immigration status, residency status, enrollment in other assistance programs, financial resources, incarceration status, death records and information relating to identity fraud and theft. It requires the Authority to sign a memorandum of understanding with any department, agency or division for information detailed therein. It requires the Authority to contract with one or more independent vendors to provide said information. The bill requires such a contract establish annualized savings that exceed the contract’s total annual cost to the state. It states that nothing shall preclude the entities from receiving or reviewing additional information related to eligibility. It establishes procedures for receiving information about an individual. It allows the entities to take appropriate action if discrepancies are found. The bill requires applicants to complete an identity authentication process to confirm the applicant owns the identity presented in the application. The bill allows certain information to be shared with the Medicaid fraud control unit of the Office of the Attorney General for suspected fraud. It requires the Authority to promulgate rules. It requires the Authority to publish a written report on May 1, 2018, and annually after, detailing the impact of the legislation. (Amended by House, Amended by Senate, Stricken Title, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Hall, Elise (H); Leewright, James (S)

Status: S Laid Over   Status Date: 04/19/2017

HB1491 Paraphrase: HB1491, by Rep. Carl Newton, R-Cherokee and Sen. Bryce Marlatt, R-Woodward, modifies provisions of the Oklahoma Child Care Facilities Licensing Act. It lowers the age of children at summer youth camp exempt from provisions of the Act from five to four and increases the number of hours for child care facilities exempt from 15 to 21. It requires the care and supervision be provided for school-aged children only in a center based program for 21 or fewer hours a week. (Amended by House, Amended by Senate, Stricken Title)

Effective Date: / /    Emergency: No

Principal Authors: Newton, Carl (H); Marlatt, Bryce (S)

Status: S General Order   Status Date: 04/03/2017

HB1703 Paraphrase: HB1703, by Rep. Kevin Calvey, R-Oklahoma City and Sen. Greg Treat, R-Oklahoma City, creates the Choosing Childbirth Act which requires the State Department of Health to make grants to a grant-supervising entity for the purpose of reimbursing private organizations in Oklahoma for the expense of programs providing nonprofit, pro-life organizations. It requires the Department to monitor the organizations to ensure grant money is spent in certain ways. It requires the Act to be implemented when funds become available. (Amended by House, Amended by Senate, Stricken Title)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Calvey, Kevin (H); Treat, Greg (S)

Status: S General Order   Status Date: 04/12/2017

HB1708 Paraphrase: HB1708, by Rep. Mike Ritze, R-Broken Arrow and Sen. Ervin Yen, R-Oklahoma City, modifies the membership of the Oklahoma Board of Mental Health by requiring two members be an allopathic physician and a osteopathic physician, with both licensed to practice in this state appointed under provided criteria. (Amended by House)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Ritze, Mike (H); Yen, Ervin (S)

Status: S General Order   Status Date: 04/03/2017

HB1832 Paraphrase: HB1832, by Rep. Leslie Osborn, R-Mustang and Sen. Lonnie Paxton, R-Tuttle, authorizes the Department of Human Services to separate siblings if placement together would be contrary to the safety or well-being of the siblings. The bill reduces the age of youth in custody of the Department for which an annual credit report will be submitted. The bill eliminates the liability for foster parents for property damage or injuries caused by the child. It prohibits the limitation of the liability. (Amended by Senate, Stricken Title)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Osborn, Leslie (H); Paxton, Lonnie (S)

Status: S General Order   Status Date: 04/11/2017

HB1887 Paraphrase: HB1887, by Rep. Pat Ownbey, R-Ardmore and Sen. A J Griffin, R-Guthrie, decreases the length of time a minor has to live in a prospective adoptive home in order for medical and social history records to be disclosed.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Ownbey, Pat (H); Griffin, A J (S)

Status: Governor Action – Signed   Status Date: 04/06/2017

HB1888 Paraphrase: HB1888, by Rep. Pat Ownbey, R-Ardmore and Sen. David Holt, R-Oklahoma City, allows the Inspector General of the Department of Human Services to require, by subpoena, the production of any records, including books, papers, documents and other tangible things which contain evidence relevant to the investigation for any investigation relating to crimes committed against DHS or crimes committed in the course of any program administered by the Department, or in investigations of Medicaid recipient fraud. It allows the production of records to be required from any place in the state to be forwarded to the Inspector General. The bill establishes compliance procedures with the subpoena and the contents of such subpoena. The bill also allows the Inspector General to invoke the aid of any district court of the state within the jurisdiction of which the investigation is conducted in the case of a refusal to obey a subpoena issued to any person. (Amended by House)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Ownbey, Pat (H); Holt, David (S)

Status: S General Order   Status Date: 04/03/2017

HB1968 Paraphrase: HB1968, by Rep. Tess Teague, R-Choctaw and Sen. A J Griffin, R-Guthrie, allows an individual who inherits or purchases a licensed child care facility and operates the facility with the same personnel employed by the previous owner to continue to operate the facility under the same license and at the same star rating as the previous owner for a period of 90 days. It requires that the Department of Human Services be notified of any change in ownership within one business day and prior to the assumption of operations by the new owner. It provides specified conditions in which operations may continue. It provides for construction. (Amended by Senate, Committee Substitute)

Effective Date: 09/01/2017    Emergency: No

Principal Authors: Teague, Tess (H); Griffin, A J (S)

Status: S Laid Over   Status Date: 04/18/2017

HB2342 Paraphrase: HB2342, by Rep. Leslie Osborn, R-Mustang and Sen. Kimberly David, R-Porter, appropriates for FY2017 $4.2 million from the Constitution Reserve Fund (Rainy Day Fund) and $18.0 million from the Unclaimed Property Fund to the Oklahoma Department of Human Services for Developmental Disabilities Services waivers and $11.8 million from the Unclaimed Property Fund to the Oklahoma Department of Human Services for the purpose of funding Aging Services waivers. (Amended by House, Appropriation Bill, Emergency Measure, Committee Substitute)

Effective Date: / /    Emergency: No

Principal Authors: Osborn, Leslie (H); David, Kimberly (S)

Status: Governor Action – Signed   Status Date: 04/06/2017

SB0030 Paraphrase: SB0030, by Sen. A J Griffin, R-Guthrie and Rep. Tammy West, R-Bethany, requires any facility in which abortions, other than abortions necessary to prevent the death of the mother, are performed, induced, prescribed for, or where the means for the procedure are provided to post specified signage. It provides for the requirements of said signage’s formatting and placement. It requires the State Health Department to only utilize funds specifically set aside for the provisions therein. It requires the Department to use its official, online social media platforms to promote the unique URL specified therein. It requires the Department to promulgate necessary rules. (Amended by Senate, Emergency Measure, Committee Substitute)

Effective Date: 07/01/2017    Emergency: Yes

Principal Authors: Griffin, A J (S); West, Tammy (H)

Status: S Enrolled   Status Date: 04/19/2017

SB0229 Paraphrase: SB0229, by Sen. A J Griffin, R-Guthrie and Rep. Mark Lawson, R-Sapulpa, removes the age limitation from the definition of “assisted outpatient” as it relates to mental health treatment. It specifies the provisions therein are applicable to juveniles already in a specialized treatment plan addressing a mental illness or specialized treatment plan for treatment of mental illness in a secure juvenile facility or placement in a specialized residential program for juveniles. (Amended by House, Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Lawson, Mark (H)

Status: S House Amendments – Read   Status Date: 04/19/2017

SB0506 Paraphrase: SB0506, by Sen. Stephanie Bice, R-Oklahoma City and Rep. John Pfeiffer, R-Mulhall, creates the Healthy Food Financing Act. It specifies the intent of the Legislature that funding provided to eligible entities will expand and stimulate economic activity in low-income and underserved areas. It defines terms used therein. It creates the Health Food Financing Revolving Fund. It specifies the uses for the fund. It provides for deposits into the fund. It directs the Oklahoma Department of Agriculture, Food, and Forestry to administer program. It requires the State Board of Agriculture to promulgate rules. It requires an annual report by the Department to the Legislature on projects funded, the geographic distribution of the projects, the costs of the program, and the outcomes, including the number and type of jobs created and health initiatives associated with the program. (Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Bice, Stephanie (S); Pfeiffer, John (H)

Status: Sent to Governor   Status Date: 04/19/2017

SB0508 Paraphrase: SB0508, by Sen. Nathan Dahm, R-Broken Arrow and Rep. Jeff Coody, R-Grandfield, modifies the definition to “home food establishment” in relation to the Home Bakery Act of 2013 to permit food prepared at a residence to be sold at farmers markets, on site, at cooperatives, through membership-based buying clubs or for delivery. It moves regulation under the act from the Oklahoma State Department of Health to the Department of Agriculture, Food and Forestry and authorizes the department to promulgate necessary rules. It permits the department to request written documentation to verify the gross annual sales of a home food establishment upon a consumer complaint. (Amended by Senate)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Dahm, Nathan (S); Coody, Jeff (H)

Status: Sent to Governor   Status Date: 04/18/2017

SB0549 Paraphrase: SB0549, by Sen. David Holt, R-Oklahoma City and Rep. Tammy West, R-Bethany, prohibits an employment practice from refusing leave not exceeding 20 weeks to a state employee affected by childbirth or related medical condition or adoption or foster placement. It allows the employee to utilize accrued paid leave during this time. The bill recognizes the federal Family and Medical Leave Act. It allows a state employer to require reasonable notice for such leave. It provides for violation enforcement. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Holt, David (S); West, Tammy (H)

Status: H General Order   Status Date: 04/12/2017

SB0603 Paraphrase: SB0603, by Sen. Greg Treat, R-Oklahoma City and Rep. Terry O’Donnell, R-Catoosa, modifies language related to the requirement that the Department of Corrections administer a needs and risk assessment for offenders. It requires the assessment include mental health and substance abuse screens. It exempts for any inmate who had a risk and needs assessment administered by personnel certified by the Department of Mental Health and Substance Abuse Services within six months of being sentenced to the custody of the Department of Corrections. It requires the department to develop an individualized case plan based on the results of the assessment to guide an inmate’s rehabilitation while in the Department’s custody in order to reduce the likelihood of recidivism. It establishes requirements for the case plan. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Treat, Greg (S); O’Donnell, Terry (H)

Status: H General Order   Status Date: 04/12/2017

SB0717 Paraphrase: SB0717, by Sen. A J Griffin, R-Guthrie and Rep. Leslie Osborn, R-Mustang, expands the reasons for recording individuals on the Child Care Restricted Registry. It expands the purpose of rules promulgated by the Department of Human Services to establish a procedure to prohibit licensure, ownership, employment, unsupervised access to children or residence by a person on the Child Care Restricted Registry in any facility providing care to children or vulnerable adults. The amendment modifies provisions applicable to facilities licensed, certified by or contracting with the Office of Juvenile Affairs after November 1, 2018. (Amended by House, Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Osborn, Leslie (H)

Status: S House Amendments – Read   Status Date: 04/18/2017

SB0723 Paraphrase: SB0723, by Sen. A J Griffin, R-Guthrie and Rep. Pat Ownbey, R-Ardmore, requires prior to the issuance of a permit or license, owners and responsible entities making a request to establish or operate a child care facility, prior to employment of a person by a facility, prior to allowing unsupervised access to children by employees or individuals, including contract employees and volunteers, and prior to the issuance of a permit or license and prior to the residence of adults who subsequently move into a facility, adults living in the facility a sex offender registry and child abuse and neglect registry search conducted by an authorized source and a search of any available child abuse and neglect registry within a state the individual has resided in within the last five years. It requires the Department of Human Services director or designee to promulgate rules that ensure individuals obtain a criminal history records search, not to include the re-submission of fingerprints, not less than once during each five year period. It provides any individual who refuses to consent to the criminal background check or knowingly makes a materially false statement in connection with such criminal background check to be ineligible for ownership of, employment of, or residence in a child care facility. (Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Ownbey, Pat (H)

Status: Sent to Governor   Status Date: 04/19/2017

SB0725 Paraphrase: SB0725, by Sen. A J Griffin, R-Guthrie and Rep. Chad Caldwell, R-Enid, requires each school district to report the number and type of exemptions from vaccinations to the State Department of Health on or before July 1st of each year and to include information from the most recently completed school year. It requires the State Department of Education and the State Department of Health to promulgate necessary rules. (Amended by House, Amended by Senate, Emergency Measure, Committee Substitute)

Effective Date: / /    Emergency: No

Principal Authors: Griffin, A J (S); Caldwell, Chad (H)

Status: H General Order   Status Date: 04/11/2017

SB0727 Paraphrase: SB0727, by Sen. A J Griffin, R-Guthrie and Rep. Pat Ownbey, R-Ardmore, requires the Department of Human Services to engage in a collaborative decision-making process to address each child’s needs related to safety and whether the child’s condition warrants a safety intervention including but not limited to a change in placement, and those involved in the collaborative decision-making process shall include at a minimum appropriate Department staff, the parents of the child and, if the parent requests, an advocate or representative; to protect the safety of those involved and to promote efficiency, the Department may limit participants as determined to be in the best interests of the child; the Department shall make reasonable efforts to provide a trained facilitator to guide the decision-making process; and any determination that a collaborative decision-making process is not possible or is unnecessary shall require supervisor approval and documentation of the reasons supporting the determination. The bill requires the department to submit on or before January 31 each a report to the Senate President Pro Tempore, House Speaker, the Governor that includes information concerning the number of children in the Department’s custody that are placed in non-family settings, including but not limited to the types of settings utilized and the duration of the children’s stays in such settings; a census of approved foster homes and the number of children placed in those homes and a comparative review of foster home room and board rates; and information concerning child welfare staff workloads and comparative salaries for such staff. The bill provides a foster parent who is acting in good faith and pursuant to the reasonable and prudent parent standard will not be liable for property damage or injuries caused by the child or injuries to the child placed in his or her care when the child engages in appropriate activities and such damage or injuries results from the inherent risks typically associated with such activities. It provides the language does not prevent or limit the liability of a foster parent if the foster parent commits an act or omission that constitutes willful or wanton disregard for the safety of the child or other persons or their property, and that act or omission caused the damage or injuries. The bill modifies the contents of statement of foster parents’ rights. (Amended by House, Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Ownbey, Pat (H)

Status: S House Amendments – Read   Status Date: 04/19/2017

SB0748 Paraphrase: SB0748, by Sen. A J Griffin, R-Guthrie and Rep. Rhonda Baker, R-Yukon, permits the Department of Human Services, subject to available funding and in consultation with an evaluation team created under the bill, to create a pilot program to improve socioeconomic outcomes for children in state custody. It establishes requirement for the pilot program, if implemented. It requires an evaluation team to determine the effectiveness of the pilot program and make a report to the Legislature and the department annually. It lists points to be evaluated. It establishes members of the evaluation team. It permits the department to contract for services necessary to carry out the duties of the department pursuant to the provisions of the bill and to accept the services of volunteer workers or consultants, provided no compensation be provided for such services. It permits the department to promulgate necessary rules. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Baker, Rhonda (H)

Status: H General Order   Status Date: 04/17/2017

SB0765 Paraphrase: SB0765, by Sen. Ervin Yen, R-Oklahoma City and Rep. Katie Henke, R-Tulsa, makes it unlawful for a person under 18 years of age to use any tanning device of any tanning facility. The bill defines applicable terms. It exempts any physician who is duly licensed to practice medicine and who uses or prescribes to be used a phototherapy device with respect to a patient of any age in the practice of medicine. It requires the owner, lessee or operator of a tanning facility to post in a conspicuous place in each tanning facility owned, leased or operated by that person a notice, available on the State Department of Health’s website, that states all of the following: it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning device; that a tanning facility or operator that violates one or more provisions of this section may be subject to a civil penalty; that an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and that health risks associated with tanning include but are not limited to skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain medications, foods and cosmetics.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Yen, Ervin (S); Henke, Katie (H)

Status: H General Order   Status Date: 04/13/2017

SB0773 Paraphrase: SB0773, by Sen. Kimberly David, R-Porter and Rep. Glen Mulready, R-Tulsa, requires the Oklahoma Health Care Authority, with assistance from the Department of Human Services and the Department of Mental Health and Substance Abuse Services, to initiate a request for proposal for care coordination models for newborns through children 18 years of age in the custody of the Department of Human Services. It requires any request for proposal to require consideration of and incorporate efforts to continue the implementation of relevant initiatives as provided by the Master Settlement Agreement and administered by the Department of Human Services. It requires the Oklahoma Health Care Authority, with assistance from the Department of Human Services and the Department of Mental Health and Substance Abuse Services, to provide a summary of the request for information responses to the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representatives and the Governor on or before January 1, 2018. It requires the Oklahoma Health Care Authority Board to promulgate necessary rules. (Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: David, Kimberly (S); Mulready, Glen (H

SB0806 Paraphrase: SB0806, by Sen. John Sparks, D-Norman and Rep. Carol Bush, R-Tulsa, provides nutrition standards for all licensed child care facilities and eliminates screen time for children less than two years of age with the exception of special occasions. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Sparks, John (S); Bush, Carol (H)

Status: S House Amendments – Read   Status Date: 04/06/2017

SB0811 Paraphrase: SB0811, by Sen. Kimberly David, R-Porter and Rep. John Enns, R-Enid, removes restrictions related to residential substance abuse centers. (Amended by House, Amended by Senate, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: David, Kimberly (S); Enns, John (H)

Status: S House Amendments – Read   Status Date: 04/11/2017

SB0816 Paraphrase: SB0816, by Sen. Kimberly David, R-Porter and Rep. Leslie Osborn, R-Mustang, requires any student of this state who is in good academic standing with an accredited medical college in this state receive priority consideration in the process of assigning clinical rotations at a healthcare facility that accepts funding from this state. (Amended by House, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: David, Kimberly (S); Osborn, Leslie (H)

Status: H Engrossed   Status Date: 04/19/2017

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