| HB1043 | Paraphrase: | creates the Oklahoma Medical Loan Repayment Program to provide, subject to the availability of funds, educational loan repayment assistance of up to $25,000 per year for five years for up to six Oklahoma licensed primary care physicians per year who agree to establish a practice in a community approved by the Physician Manpower Training Commission. In the Senate, the bill was amended to add qualifications for physicians who participate in the loan program. | ||
| Principal Authors: | Earl Sears (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB1458 | Paraphrase: | creates the Funeral Services Licensing Act. The bill allows the insurance commissioner to deny issuance of a funeral services license to organizations that present misrepresentations on applications and to organizations that fraudulently obtain licenses for others. The bill allows the commissioner to approve or deny an application if an organization does not meet all qualifications. The bill directs organizations to display licenses at all times on the organizations' premises and prohibits the display or use of a license by persons not authorized to represent an organization in contracting prepaid funeral benefits. The bill allows the commissioner to issue renewal permits to organizations prior to the one-year period expiration of the license if good cause is shown. The bill prohibits the transfer of permits and requires selling organization to notify the commissioner 45 days prior to transfer using a form provided by the commissioner. The bill allows the commissioner to waive notice requirement. The bill requires the acquiring organization to make permit application at least 30 days prior to transfer and must be issued a permit before the selling organization relinquishes control of the organization's trust. The bill prohibits acquiring organizations from accessing trust funds until authorized by the commissioner and can be denied transfer of the trust. The bill allows the commissioner to assume the role of acting trust conservator. The bill also requires the net value of a contract to be determined by adding the amount of all principal paid plus all payable interest less taxes and administrative fees and prohibits withdrawals or transfers less than the original principal collected prior to death except accounts with reduced principals caused by cash withdrawals. The bill requires selling organizations to forward to the acquiring organization the net value of a contract plus monies from the first funds collected if a request is made in writing. The bill directs to furnish a cash bond, letter of credit or fidelity bond approved by the commissioner in the greater amount of $25,000.00 or 15 percent of all funds collected. The bill requires prepaid funeral contracts negotiated after Nov. 1, 2009, to contain a price list of actual service costs at the time of delivery. The bill requires organizations to submit to the commissioner the name of an agent responsible for funds deposits at least 10 days prior to becoming subject to the act and to notify the commissioner of any agent changes at least 10 days prior to the change. The bill requires persons collecting money for an organization to deposit the funds within 10 days of receipt and makes violation a misdemeanor punishable by a fine of not less than $100.00 nor more than $500.00 and/or by imprisonment in the county jail for not less than one month nor more than six months. The bill requires the commissioner to prescribe rules for steps required to convert prepaid funeral benefit contracts funded by a trust to prepaid funeral benefits funded by insurance. In the Senate, the bill was amended to require that each organization subject to the provisions furnish a bond in the form of a cash bond, letter of credit or fidelity bond to be approved by the insurance commissioner. It states the bonds must be of $25,000 for insurance only or $25,000, or 15 percent of all trust funds collected, for prepaid funeral benefits, not to exceed $600,000 for those that have trust-only or a combination of trust and insurance. It also strikes language stating that non-specified prepaid funeral benefit contracts negotiated after Nov. 1, 2009, are to contain a price list. It also states all such price lists reflecting the actual retail cost of funeral services and merchandise used at the time of the delivery of services must be retained for a period of at least three years. In the Senate, the bill was further amended to require insurance companies to provide coverage for colorectal examinations. The CCR replaces the previous language with language increasing from $15,000 to $20,000 the maximum amount of principal an organization may receive from any one individual under a contract for prepaid funeral benefits. It allows the maximum allowable amount of principal for subsequent years to be increased annually by a percentage equal to the previous year's increase in the national Consumer Price Index. It directs the insurance commissioner to determine the amount of the increase, if any, on April 1 of each year. | ||
| Principal Authors: | Daniel Sullivan (H), Harry Coates (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB1658 | Paraphrase: | exempts from liability for damages any physician or health care provider who provides medical services at a secondary school athletic event and renders or attempts to render emergency care to an injured participant in need of immediate aid, except for gross, willful or wanton negligence. The CCR adds language regarding the voluntary nature of the services provided by the health care provider or physician. | ||
| Principal Authors: | Joe Dorman (H), Don Barrington (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB1741 | Paraphrase: | authorizes district courts to establish a family drug court for treating children adjudicated as deprived and for treating their families who have in some way a substance abuse disorder. The bill establishes processes and provides court guidance on broad case matters, assessments and hearings. The bill creates the Family Drug Court Revolving Fund. In the Senate, the bill was amended to allow a family drug court assessment to be ordered by motion of the Department of Human Services, and it removes language specifying district courts. It also modifies language to include multiple children in a household. The CCR modifies language under the Oklahoma Children's Code regarding the Department of Human Services' responsibility to refer families to prevention and intervention-related services. It allows DHS to recommend a child be placed in protective or emergency custody or a petition be filed if the family refuses to access services directly related to the safety of the child. It also modifies the definition of "routine and ordinary medical care and treatment" to include the provision of psychotropic medications. It removes a requirement calling for the publication once a week for three weeks of notice for custody-related hearings. It also clarifies that a parent is entitled to demand a jury trial on the sole issue of termination of parental rights. The measure also states that all other hearings and proceedings, other than those to determine whether a child is deprived or to terminate parental rights, are to be conducted informally, and the rules of evidence do not apply. It retains the language regarding family drug courts. The CCR also increases from two to five the number of judicial days prior to movement of a foster child. It also allows a court to extend a period of trial reunification. It also modifies language related to orders of a referee, directing that they become effective and continue until vacated or modified upon rehearing by order of the reviewing judge. The bill modifies language regarding arrangements for a child whose custodial parent has been incarcerated. The CCR also allows proceedings under the Inpatient Mental Health and Substance Abuse treatment of Minors Act to be conducted via teleconference. | ||
| Principal Authors: | Ron Peters (H), Sean Burrage (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/27/2010 | Current Status: | Governor Action - Signed | |
| HB1964 | Paraphrase: | amends the Independent Living Act. The bill provides that the Department of Human Services will provide transitional planning services to children in its custody. The bill also removes the "when funds become available" requirement for providing Medicaid services to those between the ages of 18 and 21 years of age who are eligible for other services under the act. The fourth CCR adds language stating that the mother of a child whose paternity has not been established is presumed to have custody of the child until paternity is established, and the parents of a child whose paternity is established are presumed to have custody until determined otherwise by a court. It also modifies language regarding authorization to consent to emergency medical care, adding the provision of psychotropic medications to the definition of "routine and ordinary medical care and treatment." The CCR also modifies language regarding Department of Human Services rules for facilities where children in DHS custody may be placed, directing such policies to include that a child is to be allowed daily access to a shower. It adds language regarding court orders for transfer of permanent care and custody, directing that they require that the placement be reviewed within one year and that the person to whom custody is transferred submit any records or reports the court deems necessary. It also allows further periodic review by the courts. It establishes guidelines under which a qualified relative may be granted custody by abandonment of a minor, and it grants such relatives the rights to arrange and consent for day care, medical care, psychological care, dental care, education services and other services. The CCR allows the clerk of a district court in which an application for relative guardianship has been filed to collect $50 in court costs, and it grants the court the ability to waive the fee. The CCR also recreates the Adoption Review Task Force until June 1, 2011, which is required to publish a final report by Jan. 1, 2011 | ||
| Principal Authors: | Kris Steele (H), Brian Crain (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB2004 | Paraphrase: | includes methods on mental illness symptoms identification and mental health issues in preservice programs developed by the Commission for Teacher Preparation. The bill requires school administrators, teachers and other school employees to be trained to recognize, accommodate and assist students with mental health issues. The CCR removes the requirement that the preservice programs be developed by the Commission for Teacher Preparation. The CCR also removes the requirement that current school administrators, teachers and other school employees to be trained to recognize, accommodate and assist students with mental health issues. | ||
| Principal Authors: | Harold Wright (H), Gary Michael Stanislawski (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2168 | Paraphrase: | provides that any plea of guilty or finding of guilt for certain assault violations shall constitute a conviction for a period of 10 years following the completion of any court imposed probationary term, providing good behavior. | ||
| Principal Authors: | Mark McCullough (H), Patrick Anderson (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 04/16/2010 | Current Status: | Governor Action - Signed | |
| HB2285 | Paraphrase: | recreates until July 1, 2014, the Long-Term Care Facility Advisory Board. | ||
| Principal Authors: | John A. Wright (H), Cliff Aldridge (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| HB2288 | Paraphrase: | recreates until July 1, 2014, the Oklahoma Funeral Board. | ||
| Principal Authors: | John A. Wright (H), Cliff Aldridge (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| HB2353 | Paraphrase: | reduces from $581,040,412 to $469,389,576 the allocation from the General Revenue Fund to OHCA for fiscal year 2010. It also authorizes OHCA to transfer $114,650,836 from the American Recovery and Reinvestment Act Fund to the CMIA Programs Disbursing Fund. It also appropriates $30 million from the Constitutional Reserve Fund to OHCA. It states that the appropriations and transfers are not subject to FY2010 agency category and budget limits. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 03/05/2010 | Current Status: | Governor Action - Signed | |
| HB2437 | Paraphrase: | creates the Health Carrier Access Payment Revolving Fund in the State Treasury for the Oklahoma Health Care Authority to be used to fund the state's Medicaid program and make full use of any federal matching funds available to the state. It prohibits funds collected from health carriers as access payments from being used for any wage or salary of any employee of any state agency or to provide any general or administrative funding for the state or any of its agencies, except for reasonable expenses incurred by the insurance commissioner. The bill requires all health carriers to pay to the insurance commissioner an access payment of 1 percent on all claims paid beginning from the effective date of the act until Jan. 1, 2015. It requires the payments to be made to the insurance commissioner monthly on all claims paid an incurred beginning July 1, 2010. It requires the insurance commissioner to pay collected funds to the State Treasury weekly. The bill allows the insurance commissioner to refuse to renew, suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the state of any health carrier failing to pay an access payment. It also allows the commissioner to assess civil penalties and collect reasonable attorney fees if judicial action is necessary for enforcement. | ||
| Principal Authors: | Doug Cox (H), Mike Johnson (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2438 | Paraphrase: | authorizes the Oklahoma Health Care Authority to transfer $30 million from the 245 Fund to the 340 Fund. It also directs the director of the Office of State Finance to transfer monies appropriated from the General Revenue Fund and the 245 Fund of the Oklahoma Health Care Authority to the Oklahoma Health Care Authority disbursing funds. The bill also allows the Oklahoma Health Care Authority director to request the Office of State Finance director to request an early transfer of tax collections to the General Revenue Fund for early allocation to disbursing funds to alleviate cash-flow problems. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Signed | |
| HB2567 | Paraphrase: | modifies language to require municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles to extend special parking privileges to a physically disabled person with the proper item displayed on that person's vehicle. The bill also adds language modifying what can be used as a proper display. The bill directs municipalities and political subdivisions of the state with the authority to regulate the standing or parking of vehicles to follow the current version of the Americans with Disabilities Act Accessibility Guidelines when designing or redesigning disabled parking spaces. The bill also directs such municipalities and political subdivisions to enact ordinances or rules and develop procedures for rigorous enforcement related to disabled parking spaces. The bill also removes language related to parking privileges for a physically disabled person. The bill also removes language related to handicap and disability stickers issued by the Department of Veterans Affairs and federal military bases. The bill removes language authorizing the commissioner of public safety to enter into reciprocity agreements with other states. It modifies language related to a person using a physically disabled parking placard without authorization. The bill also authorizes the civilian volunteer disabled parking violation unit to report violations of disabled parking ordinances or rules. The bill also adds language related to photographs of violations submitted by volunteers. The bill also allows municipalities to investigate and enforce an ordinance related to disabled parking on private party where the public is invited. The bill also raises the penalty for parking in a disabled parking space access aisle, wheelchair ramp, wheelchair loading area or any portion thereof to $500. It exempts someone who is escorting or accommodating a physically disabled person who has been issued a placard or license plate from penalties for knowingly allowing a placard or license plate to be used by someone else. The bill also directs the Department of Public Safety to develop, implement, deploy and administer a database that identifies all people to whom disabled parking permits have been issued after certain conditions have been met. The measure also directs that 80 percent of the revenue generated from penalties be directed to municipalities to aid in enforcement efforts, and it directs 20 percent of the revenue to be directed to DPS for development of the database containing information regarding disabled placards and license plates. In the Senate, the bill was amended to clarify that the 80/20 revenue-sharing provision applies only to tickets written by municipalities' law enforcement officers. The CCR removes language directing municipalities and political subdivisions to enact ordinances or rules and develop procedures for rigorous enforcement related to disabled parking spaces. The CCR also removes the language limiting the revenue-sharing provisions to funds generated from municipalities. | ||
| Principal Authors: | Paul Wesselhoft (H), Debbe Leftwich (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2573 | Paraphrase: | requires rather than allows the salaries of all county officers ? including the county sheriff, county treasurer, county clerk, court clerk, county assessor and board of county commissioners ? to be increased according to a set scale. The bill also modifies language regarding reimbursement to health care providers for medical care and treatment for inmates in county jail. It states that unless a contract exists between a hospital and the county for medical care and treatment of inmates in the county jail, a hospital must accept, as payment in full, reimbursement according to the current fee schedule of the State and Education Employees Group Insurance Board in effect at the time services were rendered, as long as the payment is made within 45 calendar days of the hospital submitting the claim. | ||
| Principal Authors: | John Trebilcock (H), Glenn Coffee (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB2596 | Paraphrase: | creates the Empower-OK Act, directing the Oklahoma Health Care Authority's cash and counseling program to include provisions ensuring that existing benefits are not terminated or decreased as a result of developing the program; that consumers receive a monthly budget based on the needs of the individual; authority for consumers to use the budget to obtain personal care services and make home modifications to suit the needs of the individual; and counselors available to work with consumers to develop and revise individual budgets. | ||
| Principal Authors: | Richard Morrissette (H), Harry Coates (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2652 | Paraphrase: | reduces from 10 to eight the number of judges on the Workers' Compensation Court. It requires five of the judges to be permanently assigned to Oklahoma City and three to Tulsa. It increases from six years to eight years the terms of Workers' Compensation Court judges, and it allows judges to serve an additional term after at least three years have passed. It also allows judges currently serving on the court to be eligible for an initial eight-year term upon expiration of the current term. The bill also requires Senate approval of gubernatorial nominations to the court. It states that if the Senate fails to grant approval within 90 days, the governor can select from the two remaining nominees or request additional nominees from the Judicial Nominating Commission. It requires Workers' Compensation Court judges to have at least five years of workers' compensation experience prior to appointment. The measure also prohibits the closing of the Tulsa Workers Compensation Court without the approval of the Legislature. | ||
| Principal Authors: | Daniel Sullivan (H), Glenn Coffee (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Signed | |
| HB2656 | Paraphrase: | states legislative intent that the birth of a child does not constitute a legally recognizable injury and that it is contrary to public policy to award damages because of the birth of a child or for the rearing of the child. It states that no damages can be recovered in a wrongful life or birth action for any condition that existed at the time of a child's birth if the claim is that the defendant's act or omission contributed to the mother's not having obtained an abortion. The bill states that the language does not preclude causes of action based on a claim that, but for a wrongful act or omission, maternal death or injury would not have occurred or the handicap, disease or disability of an individual prior to birth would have been prevented, cured or ameliorated. It repeals current statutory language related to a limitation on damages in wrongful life and birth actions. | ||
| Principal Authors: | Daniel Sullivan (H), Brian Crain (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/27/2010 | Current Status: | Secretary of State | |
| HB2733 | Paraphrase: | allows county courts to grant a qualified relative custody in cases in which a minor or minors have been abandoned if: the minor is residing full time with the qualified relative and the qualified relative contributes the major degree of support for the minor; the qualified relative is unable to contact the parent or parents or person or persons having legal custody of the minor; or if the parent or other person having legal custody of the minor fails to or refuses to regain physical custody of the minor after a written request to do so by the qualified relative. It grants the qualified resident who is granted custody the same rights as a parent with respect to medical care, education and other services that may be necessary, except that they may not consent to an adoption. The bill establishes a form for petitioning for rights as a qualified relative, and provides for related processing procedures and fees. The bill also states that the parent or guardian that abandoned the minor or minors may not regain custody except by order of the courts. It establishes instances in which custody by abandonment is ceased, including court order, abandonment by the qualified relative, marriage of the minor or the minor reaching the age of 19. | ||
| Principal Authors: | Wade Rousselot (H), Earl Garrison (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/13/2010 | Current Status: | Governor Action - Veto | |
| HB2776 | Paraphrase: | creates a presumption that the best interest of the public is served by disclosing information when a person responsible for the care of a vulnerable adult is charged or indicted with committing a crime resulting in the death or near death of the adult. It directs disclosure of the circumstances of the investigation and any other investigations concerning the vulnerable adult or others living in the same facility or involving the individual provider of services. The bill also prescribes the release of certain information seven days after the person providing care to the vulnerable adult has been criminally charged and the Department of Human Services Adult Protective Services Division, district attorney, district court clerk and judge have jurisdiction over the case. It prohibits the information from identifying or providing an identifying description of a complainant or reporter of vulnerable adult abuse or neglect, the names of other vulnerable adults in the household or facility, the name of the person responsible for caring for the adult and any other member of the facility or household. | ||
| Principal Authors: | Kris Steele (H), Ron Justice (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/16/2010 | Current Status: | Governor Action - Signed | |
| HB2777 | Paraphrase: | provides a method for the Oklahoma Health Care Authority to verify the income of applicants to the Employer/Employee Partnership for Insurance Coverage Premium Assistance Program. It directs the Tax Commission, Employment Security Commission and Department of Human Services to cooperate with the authority to establish procedures for the secure electronic transmission of applicant income data to the authority. In the Senate, the bill was modified to make implementation contingent upon available funds. The CCR adds language directing the Oklahoma Health Care Authority and the Department of Human Services to operate the Self-Directed Care Option, rather than self-directed care pilot programs. It also modifies membership of the committee created to assist DHS in the development of waivers and rules related to self-directed care services, and it directs the committee to sunset within four years after implementation of the programs. | ||
| Principal Authors: | Kris Steele (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2778 | Paraphrase: | directs the Oklahoma Health Care Authority to refine its incentive reimbursement rate plan for nursing facilities to ensure transparency and integrity. It describes such refinements as including the establishment of minimum standards for incentive payments; the use of state survey results as a threshold metric for determining if facilities should receive incentive payments; strengthening the data collection process and the establishment of an advisory group with consumer, provider and state agency representation. The bill directs the authority to provide an annual report on the incentive reimbursement rate plan to the governor, House speaker and Senate president pro tempore by Dec. 31 each year. | ||
| Principal Authors: | Kris Steele (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB2780 | Paraphrase: | requires an abortion provider one hour prior to performing or inducing an abortion to perform an obstetric ultrasound on the woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, provide a medical description of the images, obtain written certification that the woman received such information and retain such certification for at least seven years. It states that the language does not prevent a woman from averting her eyes from the ultrasound images. The bill provides an exception to such requirements if it is determined a medical emergency exists with respect to the pregnant woman and the provider certifies in writing the specific medical conditions constituting the emergency. It makes abortion providers who knowingly violate the requirements liable for damages and subject to enjoinment. It allows causes of action for injunctive relief to be filed by the woman upon whom the abortion was performed or attempted; the spouse, parent, sibling or guardian of or current or former licensed health care provider of the woman upon whom the abortion was performed or attempted; a district attorney with appropriate jurisdiction; or the attorney general. It states that a person who knowingly violates the injunction is subject to civil contempt and fines. The bill allows a pregnant woman upon whom an abortion is performed or the parent or legal guardian of the woman if she is an unemancipated minor to commence civil action against an abortion provider for knowing or reckless violation of the act for actual and punitive damages. It repeals current statutory language regarding definitions, required ultrasounds before abortions and causes of actions and civil remedies for violations of such requirements. | ||
| Principal Authors: | Lisa J. Billy (H), Anthony Sykes (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/27/2010 | Current Status: | Secretary of State | |
| HB2828 | Paraphrase: | authorizes the Oklahoma Health Care Authority to annually assess a Home-Based Support Quality Assurance Assessment on each contracted community-based service provider. It directs payments of the Home-Based Quality Assurance Assessment by contracted community-based service providers to be an allowable cost for Medicaid reimbursement purposes. It also creates the Home-Based Quality Assurance Fund to be expended by the Oklahoma Health Care Authority for Medicaid services provided by contracted community-based service providers. The measure states that the Home-Based Quality Assurance is null and void if federal financial participation is not available at the approved federal medical assistance percentage for the applicable fiscal year. | ||
| Principal Authors: | Ron Peters (H), Brian Bingman (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| HB2895 | Paraphrase: | modifies the definition of "political subdivision" to include a circuit engineering district. | ||
| Principal Authors: | Purcy D. Walker (H), Brian Bingman (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| HB2907 | Paraphrase: | modifies language related to the issuance of placards for the physically disabled stating that nothing prohibits the issuance of a temporary placard to a pregnant woman whose condition, as determined by a physician, physician assistant or advanced registered nurse practitioner, meets one or more certain criteria. | ||
| Principal Authors: | Danny Morgan (H), Susan Paddack (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/09/2010 | Current Status: | Governor Action - Signed | |
| HB2920 | Paraphrase: | creates the Oklahoma Maternal-Infant Quality Care Act and the Oklahoma Maternal-Infant Quality Care Collaborative until Dec. 31, 2015, to identify, implement and monitor ways to remove barriers to hospitals and providers in providing safe, quality maternal-infant care; provide mothers and newborns access to safe, quality health care; maximize resources; and focus on improving outcomes in certain areas. It directs the collaborative to submit a report to the governor, House speaker and Senate president pro tempore by Dec. 31, 2011, and Dec. 31 of each year thereafter. The CCR replaces the previous language with language that creates the Shaken Baby Prevention Education Initiative. It creates until Dec. 31, 2015, the Shaken Baby Prevention Education Initiative Task Force to identify evidence-based models for reducing the incidence of abusive head trauma in infants and develop a plan for implementing the models. The CCR requires the task force to report its findings to the governor, House speaker and Senate president pro tempore by Dec. 31, 2011, and Dec. 31 of each year thereafter. | ||
| Principal Authors: | John Trebilcock (H), Clark Jolley (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB2999 | Paraphrase: | directs the Board of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority Board to continue until June 30, 2013, to purchase, on a fee-for-service basis, treatment services provided by certified alcohol and drug counselors, if they are provided by certified alcohol and drug counselors employed by organizations under contract with the mental health or OHCA boards. It states that nothing in the bill prohibits the Board of Mental Health and Substance Abuse Services or the OHCA Board from initiating or terminating contracts with certified substance abuse providers, establishing contract limits, developing or modifying reimbursement schedules or otherwise managing appropriated resources on behalf of the state. The CCR adds language clarifying the terms of Board of Mental Health and Substance Abuse Services to be seven years and allows members to be re-appointed to subsequent terms. The CCR also allows rather than requires the Department of Mental Health and Substance Abuse Services to maintain specific facilities in the state. It adds municipal employees to the list of persons required to make reports regarding a vulnerable adult suffering from abuse, neglect or exploitation. | ||
| Principal Authors: | Kris Steele (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/10/2010 | Current Status: | Governor Action - Signed | |
| HB3075 | Paraphrase: | requires facilities that perform abortions, other than abortions performed for the safety of the mother, to post a legal notice in each waiting or consultation room stating that it is illegal to perform an abortion against the patient's will or for anyone to force the patient to get an abortion. It stipulates the exact language and placement of the notice and provides for enforcement. | ||
| Principal Authors: | Rebecca Hamilton (H), Ron Justice (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/22/2010 | Current Status: | Governor Action - Signed | |
| HB3231 | Paraphrase: | modifies language related to the Oklahoma Health Care Authority's duty to establish a method to deter abuse and reduce errors in Medicaid billing, payment and eligibility. It provides a definition of "error rate," and it requires training to meet the objective documentation standards to be provided on at least an annual basis by the authority. It states that if errors are suspected to be the result of fraudulent acts, the errors are to be reported and investigated by the attorney general. It states that recoupment of overpayments due to identified errors are to occur only after the provider has the opportunity to exercise a right of appeal, which includes a hearing by an administrative law judge appointed by the attorney general. It gives a provider the right to participate in the hearing and be represented by legal counsel. The measure also directs the authority to evaluate and report findings concerning the limited use of the extrapolation method to the governor and Legislature. | ||
| Principal Authors: | Mike Jackson (H), Patrick Anderson (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB3251 | Paraphrase: | requires registrants to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control that prescribe, administer or dispense methadone to check the prescription profile of the patient on the central repository of the Bureau of Narcotics and Dangerous Drugs Control beginning Nov. 1, 2010. In the Senate, the bill was amended to prohibit pharmacists from entering into a contract with a pharmacy benefit manager that requires pharmacists to charge a copayment for prescription drugs that is greater than the cash value of the prescription drug. The CCR adds language making it unlawful for a retailer within the state to offer for retail sale to any patron a glass tube, as defined in the bill that may be used to facilitate violations of the Uniform Controlled Dangerous Substances Act. It creates a misdemeanor for a retailer or employee of the retailer to willfully and knowingly commit a violation, punishable by incarceration in county jail for up to one year and/or a fine of at least $1,000. The CCR also removes the language added in the Senate regarding pharmacist contracts. | ||
| Principal Authors: | Sue Tibbs (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB3290 | Paraphrase: | prohibits any health plan, including health insurance contracts, plans or policies offered by or outside of the state exchange created by the federal Patient Protection and Affordable Care Act from providing coverage for elective abortions, except by optional separate supplemental coverage for elective abortion for which there must be paid a separate premium. It also sets procedures for calculating the cost of the premium for the separate plan. The measure also provides exceptions to the definition of "elective abortion," including an abortion to prevent the death of the mother; an abortion when the pregnancy is the result of rape and the incident is reported to law enforcement within 48 hours after the incident occurs or when the victim is able; or an abortion when the pregnancy is the result of incest, the mother is a minor and the incident was reported to law enforcement prior to the abortion. It also repeals current statutory language that allows health insurance coverage for elective abortions only by optional riders for which an additional premium is required. | ||
| Principal Authors: | Skye McNiel (H), Anthony Sykes (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/26/2010 | Current Status: | Governor Action - Veto | |
| HB3393 | Paraphrase: | creates the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to provide a scholarship to a private school of choice for students with disabilities for whom an individualized education program, or IEP, has been developed, to be awarded beginning with the 2010-2011 school year. The bill allows a parent or legal guardian of a public school student with a disability to exercise their parental option and request to have a scholarship awarded for the child to enroll in and attend a private school if the student has spent the prior year at a public school and the student has been accepted into a private school eligible for the scholarship program. The bill establishes parameters for private schools to qualify to participate in the scholarship program, including meeting the accreditation requirements set by the State Board of Education or another accrediting association and demonstrating fiscal soundness through one year of operation or providing the Department of Education a statement from a certified public accountant. The bill also establishes parameters for student participation and payment of the scholarship. It states that no liability shall arise on the part of the state or a school district based on the award or use of any scholarship provided under the act. | ||
| Principal Authors: | Jason Nelson (H), Patrick Anderson (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| HB3394 | Paraphrase: | increases from three to four the number of two-year terms members of the Oklahoma Commission on Children and Youth may serve. It also removes language related to appointment of members. It clarifies that any member serving as of the effective date of the act is entitled to complete his/her term and is eligible to serve one additional term of two years. It also allows a person who previously served on the commission to serve an additional two-year term. | ||
| Principal Authors: | Dan Kirby (H), Patrick Anderson (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/10/2010 | Current Status: | Governor Action - Signed | |
| HJR1054 | Paraphrase: | proposes statutory language prohibiting a resident of the state - regardless of whether he/she has or is eligible for health insurance coverage under any policy or program provided by or through an employer, the state or federal government - from being required to obtain or maintain a policy of individual insurance coverage, except as required by a court or the Department of Human Services in a case where the individual is named a party in a judicial or administrative proceeding. It prohibits a law or administrative rule from making a resident liable for any penalty or fine resulting from the failure to obtain insurance coverage. The language previously in the joint resolution allowing a person or employer to pay directly for health care services is retained as a statutory provision. The resolution also authorizes the Senate president pro tempore and House speaker to employ legal counsel to file a lawsuit against the U.S. Congress, the president and the secretary of the U.S. Department of Health and Human Services to prevent the provisions of the Patient Protection and Affordable Care Act from taking effect. | ||
| Principal Authors: | Mike Ritze (H), Randy Brogdon (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 05/14/2010 | Current Status: | Governor Action - Veto | |
| HJR1065 | Paraphrase: | creates the Oklahoma Juvenile Justice Reform Committee to study and make recommendations on the state's juvenile justice code. It directs state departments, agencies and officers and employees to cooperate with the committee. It states that the committee is to be comprised of 20 members. It directs the committee to prepare a report of its recommendations on the most efficient organization, most effective transition programs, incorporation of existing statutes and updates to statutory language to the House speaker and Senate president pro tempore by Dec. 1, 2011. | ||
| Principal Authors: | Ron Peters (H), Patrick Anderson (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| SB0479 | Paraphrase: | creates the Oklahoma Interventional Pain Management and Treatment Act. The bill makes it unlawful to practice or offer to practice interventional pain management unless a person is licensed under the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act. The measure states that the new law does not forbid the administration of lumbar intra-laminar epidural steroid injections or peripheral nerve blocks by a certified registered nurse anesthetist when requested by a physician and under the supervision of a licensed allopathic or osteopathic physician and under conditions in which timely on-site consultation by such allopathic or osteopathic physician is available. It also prohibits a certified registered nurse anesthetist from operating a freestanding pain management facility without direct supervision of a physician who is board-certified in interventional pain management or its equivalent. It also permits the State Board of Osteopathic Examiners to impose administrative penalties against any person who violates any of the provisions of the act or any rule promulgated under the act. The bill authorizes the board to initiate disciplinary and injunctive proceedings against any person who has violated any provisions of the act or any rule of the board promulgated under the act. The bill also authorizes the board to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of the act or to restrain any violation of the act. The measure also exempts members of the board from being personally liable for proceeding under the act. It requires osteopathic physicians engaged in interventional pain management pursuant to the act to be licensed by the State Board of Osteopathic Examiners. | ||
| Principal Authors: | Clark Jolley (S), John Trebilcock (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/09/2010 | Current Status: | Governor Action - Signed | |
| SB0673 | Paraphrase: | clarifies the definition of "public bathing place" under the Whitney Starks Act, clarifying that it does not include spray pads or spray grounds. It defines "spray pads" or "spray grounds" as an interactive recreation area intended for use by children in which the water is supplied by a system of sprays and is not allowed to accumulate above ground. | ||
| Principal Authors: | Patrick Anderson (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SB0956 | Paraphrase: | modifies language related to human trafficking, defining terminology and what constitutes "human trafficking." It increases from 14 to 18, the age of victims that would constitute stiffer penalties for conviction of human trafficking. The bill states that victims may seek civil damages with or without criminal conviction. It also establishes a statute of limitations for civil action, stipulating that the cause of action shall not commence until the latter of the victim's emancipation from the defendant or the victim's twenty-first birthday. The bill also makes it illegal to knowingly engage in human trafficking and increases victims' age from under 14 to under 18 years of age at which the offense will be deemed a felony. It allows victims to bring a civil action against the person or persons responsible for human trafficking and to recover actual and punitive damages and reasonable attorneys fees. It also states that a criminal prosecution is not necessary for filing a civil action and establishes that the statute of limitations for the cause of action will not commence until the latter of the victim's emancipation form the defendant or the victim's 21st birthday. The bill allows law enforcement officers to seize any vehicle or other property used to facilitate or participate in human trafficking or when used by a prostitute, pimp or panderer to facilitate or participate in prostitution. The bill exempts vehicles or property used by a customer or anyone procuring the services or a prostitute from seizure. | ||
| Principal Authors: | Todd Lamb (S), Pam Peterson (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB1251 | Paraphrase: | prohibits health benefit plans from denying coverage, refusing to issue or renew coverage, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan issued or renewed on or after Nov. 1, 2010, on the basis of the applicant's or insured's status as a victim of domestic abuse. It also prohibits health benefit plans from denying a claim on the basis of the insured's status as a victim of domestic violence, and it prohibits domestic abuse from being considered a preexisting condition. In the House, language was added stating that in order to comply with the provisions, the acts constituting the domestic abuse must be reported to a law enforcement agency setting forth the relevant facts. | ||
| Principal Authors: | Jim Wilson (S), Mike Brown (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SB1289 | Paraphrase: | expands circumstances under which a long-term care facility employer is prohibited from hiring an individual to include if the results of a criminal history background check reveal he/she pled guilty or no contest to or received a deferred sentence for certain crimes. | ||
| Principal Authors: | Harry Coates (S), Danny Morgan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | Governor Action - Signed | |
| SB1295 | Paraphrase: | modifies membership of the Oklahoma Emergency Response Systems Development Advisory Council to include a person specializing in pediatric services. | ||
| Principal Authors: | Andrew Rice (S), Doug Cox (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/13/2010 | Current Status: | Governor Action - Signed | |
| SB1325 | Paraphrase: | modifies language related to the prescribed form for an Oklahoma do-not-resuscitate consent form. | ||
| Principal Authors: | Patrick Anderson (S), John Enns (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| SB1373 | Paraphrase: | creates the Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act, directing the Department of Health to create a comprehensive obstructive pulmonary disease state plan to outline sustainable solutions for reducing the burden of COPD. In the House, the bill was modified to remove a requirement that the department include increased access to nonpharmacologic therapies for COPD. The bill was further amended in the House to allow the Department of Health to use existing strategies developed by advocacy organizations as a cost-saving means. Language was also added providing circumstances under which staffing ratio levels at nursing and intermediate care facilities may be reduced. It states that if the state Medicaid reimbursement rate for facilities subject to the Nursing Home Care Act and intermediate care facilities for the mentally retarded with 17 or more beds is reduced below the July 1, 2009, rate, the staffing ratios may be adjusted according to a sliding scale. The CCR creates the Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act, directing the Department of Health to create a comprehensive obstructive pulmonary disease state plan to outline sustainable solutions for reducing the burden of COPD. The CCR also allows the Department of Health to use existing strategies developed by advocacy organizations as a cost-saving means. The CCR also approves the creation of a public trust to be name the "Oklahoma Health Information Exchange Trust" to serve as the state's Qualified State-Designated Entity for purposes of receiving certain federal grants. The CCR establishes membership requirements, duties and responsibilities for the trust. | ||
| Principal Authors: | Brian Crain (S), Colby Schwartz (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SB1389 | Paraphrase: | exempts the State Board of Pharmacy from a restriction of employing or appointing attorneys to advise or represent an officer, board or commission in any matter. | ||
| Principal Authors: | Clark Jolley (S), Doug Cox (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/09/2010 | Current Status: | Governor Action - Signed | |
| SB1488 | Paraphrase: | authorizes the Oklahoma Capitol Improvement Authority to issue obligations of $6 million to provide financing for the acquisition of property and to construct buildings for a facility to provide inpatient and outpatient services for the Department of Mental Health and Substance Abuse Services. The funds are to be used to replace a facility in Tulsa. The bill makes the issue contingent on the authority finding that the department has received at least $6 million in private donations designated for the construction of the facility. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 09/01/2010 | Emergency: | Yes | |
| Status Date: | 06/10/2010 | Current Status: | Governor Action - Signed | |
| SB1561 | Paraphrase: | makes $6.67 billion in general appropriations to executive, legislative and judicial agencies for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | No | |
| Status Date: | 06/10/2010 | Current Status: | Governor Action - Signed | |
| SB1579 | Paraphrase: | adds employees of the Oklahoma Public Employees Retirements System, the Teachers Retirement System and the State Election Board to the unclassified service. The bill also adds employees in certain positions in the Office of State Finance and the Department of Central Services to the unclassified service. It repeals language that declares all employees of the Teachers Retirement System to be classified employees. The measure also requires that the involuntary furloughs of employees by the Senate president pro tempore, the House speaker or authorized by the Oklahoma Supreme Court shall not count as a break in continuous employment for the purpose of calculating retirement benefits. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SB1601 | Paraphrase: | modifies language related to the Protective Services for Vulnerable Adults Act, stating that records of investigations conducted under the act cannot be expunged except by court order. The bill also directs the Department of Human Services and the Department of Mental Health and Substance Abuse Services, contingent upon funding, to develop and implement an 11-member Vulnerable Adult Intervention Task Force to study and examine how to best provide interdisciplinary community assistance, intervention and referral services for persons with mental or physical illnesses or disabilities, dementia or other related diseases or conditions. It directs the task force to submit a report to the Legislature by Dec. 31, 2010, and annually thereafter. The bill states that if the department is currently or was previously appointed as temporary guardian of the alleged victim of abuse, neglect, financial exploitation or financial neglect, any petition or motion requesting expungement of the investigative records of the department shall be filed under the same case number. It requires that written notice of the hearing and a copy of any such petition or motion shall be properly and timely served upon: the alleged victim of abuse, neglect, financial exploitation or financial neglect; the department's office of general counsel and any other counsel of record in a proceeding in which the department was appointed as temporary guardian, an all other persons due notice in a guardianship proceeding. | ||
| Principal Authors: | Sean Burrage (S), Ron Peters (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Signed | |
| SB1640 | Paraphrase: | creates the Certified Retirement Communities Program Act. It directs the Department of Commerce to create the Oklahoma Certified Retirement Communities Program to recognize communities that have made themselves attractive destinations for retirees. It encourages the department to collaborate with the Oklahoma Cooperative Extension Service in the development of an outreach program to assist communities seeking certification. The bill authorizes the Department of Commerce to implement the program as a pilot project with the city of Stillwater. | ||
| Principal Authors: | Jim Halligan (S), Cory T. Williams (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/05/2010 | Current Status: | Governor Action - Signed | |
| SB1699 | Paraphrase: | exempts from the requirement of lawful presence in the United States applicants for special volunteer health care licenses that specify that the eligible volunteer shall not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any services rendered in this state. | ||
| Principal Authors: | Andrew Rice (S), Doug Cox (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/13/2010 | Current Status: | Governor Action - Signed | |
| SB1700 | Paraphrase: | directs school district boards of education to work in cooperation with the Oklahoma Secondary School Activities Association to develop the guidelines and other pertinent information and forms to inform and educate coaches, athletes and their parents or guardians of the nature and risk of concussion and head injury, including continuing to play after a concussion or head injury. It requires a concussion and head injury information sheet to be completed and returned to the school district by a youth athlete and his/her parents or guardians prior to the athlete's participation in practice or competition. The measure states that a youth athlete suspected of sustaining a concussion or head injury during a practice or game is to be removed from participation and he/she may not participation until evaluated by a licensed health care provider and given written clearance. | ||
| Principal Authors: | Patrick Anderson (S), Doug Cox (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/14/2010 | Current Status: | Governor Action - Signed | |
| SB1772 | Paraphrase: | directs information, records and reports related to investigations by the Department of Mental Health and Substance Abuse Services into allegations of consumer abuse, neglect or mistreatment to be confidential and privileged, not open to public inspection or subject to subpoena. It allows a court to order inspection or disclosure of such records only after a review of the records and a determination that compelling reason exists for privilege to be waived and the inspection or disclosure of the records is necessary to protect a legitimate public or private interest. The measure allows the department to summarize allegations made, facts and evidence gathered and findings and to provide that summary to certain individuals or entities. It removes language related to the department's advocate general. It prohibits the department from charging in excess of $300 for site visit fees for inspections and certifications. The bill directs the Board of Mental Health and Substance Abuse Services to promulgate rules for certification of peer recovery support specialists employed by the state or behavioral service providers contracting with the state. It allows the board to promulgate rules establishing fines for failure to meet required rules for such certification. In the House, the bill was amended to modify terms for members of the board, limiting terms to seven years unless reappointed. It authorizes the department to declare and dispose of surplus equipment. It removes language related to receipt and use of federal funds. It removes language restricting original leases to 10 years. It requires community mental health facilities to comply with rules promulgated by the department. | ||
| Principal Authors: | Patrick Anderson (S), Scott Martin (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/27/2010 | Current Status: | Governor Action - Signed | |
| SB1817 | Paraphrase: | modifies language related to the treatment of eye diseases in newborns. The bill eliminates language requiring certain medical providers and parents of newborn children to provide certain care. The bill requires physicians, midwives and other individuals attendant at the birth of a child to ensure treatment of the eyes of the infant with a prophylactic ophthalmic agent as recommended by the Centers for Disease Control and Prevention as prophylaxis against ophthalmia neonatorum. The bill also permits a parent or legal guardian of a newborn to refuse the treatment when the person deems it is in the best interest of the child and requires the health care provider to document the refusal in the newborn's medical file. The bill requires the State Board of Health to promulgate rules necessary to implement the legislation. The bill repeals existing language related to the treatment for the inflammation of eyes and reporting requirements for the treatment. | ||
| Principal Authors: | Brian Crain (S), Corey Holland (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/04/2010 | Current Status: | Governor Action - Signed | |
| SB1819 | Paraphrase: | creates the Direct Care Worker Advisory Council to make recommendations on maximizing profitability, minimizing redundancy, introducing uniformity and certification, and it directs the council to report those recommendations to the governor, speaker of the House and president pro tempore of the Senate by Nov. 30, 2011. The bill establishes membership guidelines and provides for travel reimbursements. In the House, the bill was replaced with language allowing any 16-year-old with parental permission or any 17-year-old without parental permission to donate blood voluntarily. | ||
| Principal Authors: | Brian Crain (S), Doug Cox (H) | |||
| Effective Date: | 12/01/2010 | Emergency: | No | |
| Status Date: | 05/04/2010 | Current Status: | Governor Action - Signed | |
| SB1890 | Paraphrase: | prohibits any person for knowingly or recklessly performing or attempting to perform an abortion with knowledge that the pregnant female is seeking the abortion solely on account of the sex of the unborn child. The bill allows for an injunction to be filed by the female upon which an abortion was performed in violation of this section, any person who is a spouse of that female, a district attorney with appropriate jurisdiction or the attorney general to prevent the abortion provider from performing further actions in violation of the bill. It also requires that anyone who violates the terms of the injunction be subject to civil contempt and fined $10,000 for the first violation, $50,000 for the second violation and $100,000 for the third and each succeeding violation as exclusive penalties. The bill also directs that any person who performed an abortion in violation of the section shall have his or her license to provide health care services in this state revoked. | ||
| Principal Authors: | Todd Lamb (S), Daniel Sullivan (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| SB1891 | Paraphrase: | creates the "Freedom of Conscience Act." It prohibits an employer from discriminating against an employee or prospective employee by refusing to reasonably accommodate that person's religious observance or practice in regards to an abortion unless the pregnant woman suffers from certain conditions, an experiment or medical procedure that destroys an in vitro human embryo or uses cells derived from the destruction of an in vitro human embryo, an experiment or medical procedure on an in vitro human embryo not related to beneficial treatment of the embryo, an experiment or medical procedure on a developing child in an artificial womb that is not related to the beneficial treatment of that child, a procedure that uses fetal tissue or organs that come from a source other than a stillbirth or miscarriage or an act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia or mercy killing. The bill also directs that no health care facility is required to admit a patient or allow the use of the facility for the purpose of any acts specified in this act. An employee who refuses to participate in any of these procedures in writing shall not be required to participate and shall not be disciplined. It also directs that any employee is immune from liability for any damage caused by a refusal to participate in the procedures. The bill also prohibits any health care facility, school or facility from discriminating against a person on the ground that the person refuses or states an intention to refuse in any of the stated procedures. It also allows anyone who is adversely affected by conduct in violation of the act to bring a civil action for equitable relief. The bill also repeals current statutory language related to the Freedom of Conscience Act. | ||
| Principal Authors: | Anthony Sykes (S), Pam Peterson (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| SB1902 | Paraphrase: | prohibits a person knowingly or recklessly giving, selling, dispensing, administering, prescribing or providing RU-486 for the purpose of inducing an abortion in a pregnant female, unless the person who gives, sells, dispenses, administers, prescribes or provides the RU-486 is a physician who meets certain qualifications. The bill also provides requirements for the dispensing of RU-486. The bill requires that RU-486 only be administered by or in the same room and in the physical presence of the physician who prescribed, dispensed or otherwise provided the drug to the patient. The bill also requires the physician or a person acting on behalf of the physician to make all reasonable efforts to ensure that the patient returns 12 to 18 days after the administration or use of RU-486 for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and assess the patient's medical condition. The bill requires that a brief description of the efforts, including the date, time and identification by name of the person making such efforts be included in the patient's medical record. The bill also allows any female upon whom an abortion has been performed, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed or a maternal grandparent of the unborn child to maintain an action against the person who performed the abortion in knowing or reckless violation of the legislation for actual and punitive damages. The bill exempts women who obtain RU-486 from having actions brought against them. The bill also repeals existing law regulating RU-486. | ||
| Principal Authors: | Clark Jolley (S), Skye McNiel (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| SB1966 | Paraphrase: | requires applicants for the Small Employer Quality Jobs Incentive Act meet qualifying employment requirements within 24 month of the date of application after July 1, 2011. The bill also requires applicants for the Small Employer Quality Jobs Incentive Act to pay employers in new jobs an annualized wage which exceeds 125 percent of the average county wage of small employers located in that county based on the most recent wage and employment including health care premiums paid by the applicant for individuals in new jobs, or 110 percent of the average county wage of small employers located in that county based on the most recent wage and employment not including health care premiums paid by the applicant for individuals in new jobs. | ||
| Principal Authors: | Ron Justice (S), Skye McNiel (H) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 05/10/2010 | Current Status: | Governor Action - Signed | |
| SB2007 | Paraphrase: | removes time-specific language related to the Department of Public Safety canceling or denying driving privileges for those under the age of 18. The bill also requires that if the person is less than 16 years of age at the time of the determination and will be less than 16 years of age at the end of the cancellation or denial period, the department will extend the period to the date the individual turns 16. The bill also limits certain denial modifications to Class D motor vehicles only and prohibits certain other modifications. It directs that anyone issued an intermediate Class D license for one year and has not been convicted of a traffic offense for that one-year period or anyone issued a six-month intermediate license, having completed other prerequisites, and has not been convicted of a traffic offense for that six-month period may be issued a Class D license. | ||
| Principal Authors: | Don Barrington (S), Jason Nelson (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB2043 | Paraphrase: | clarifies individuals for whom the Oklahoma Life and Health Insurance Guaranty Association Act must provide coverage. It lists people for whom the act is prohibited from providing coverage. It states the act is intended to provide coverage to a person who is a resident of this state and in special circumstances, to a nonresident. It requires the act be construed in conjunction with laws of other states to result in coverage by only one association in situations where a person could be covered by the association of more than one state. It requires the insurance commissioner to notify the commissioners of all other states, territories of the United States and the District of Columbia within 30 days after the commissioner takes certain actions against a member insurer. It lists duties the commissioner must perform. It entitles the association and other similar associations to receive a disbursement of assets out of marshaled assets as a credit against contractual obligations under the act. It requires all proceedings in which an insolvent insurer is a party in any court in this state to be stayed 180 days from the date an order of liquidation, rehabilitation or conservation is final. It prohibits any of the amendatory provisions from applying to any member insurer that is impaired or insolvent on the date the provisions become effective. It repeals sections of law related to the Oklahoma Life and Health Insurance Guaranty Association Act. | ||
| Principal Authors: | Bill Brown (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| SB2045 | Paraphrase: | requires the insurance commissioner to develop, by a rule, a uniform health questionnaire for use by small employers applying for health insurance coverage under group health plans offered by small employer carriers, and it requires small employer carriers to accept and use the questionnaire not more than six months after its adoption. The bill also requires that insurance companies provide children with autism the same coverage for non-autism-related illnesses, diseases and injuries that children without autism are provided and states that such coverage does not constitute coverage for autism-related treatments. | ||
| Principal Authors: | Bill Brown (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/22/2010 | Current Status: | Governor Action - Signed | |
| SB2046 | Paraphrase: | creates the Health Care Choice Act to increase the availability of health insurance coverage by allowing insurers authorized to engage in the business of insurance in other states to issue accident and health policies in Oklahoma. The bill requires certain disclosures and permits the insurance commissioner to promulgate rules necessary to implement the act. The bill also prohibits insurance companies from using pre-existing conditions as a basis for denying a claim during certain time periods. The CCR adds to the duties of insurance commissioner to enforce any other insurance related law applicable within the state. The CCR also authorizes the Health Insurance High Risk Pool to establish and operate other high-risk pools and permits the Board of Directors of the Health Insurance High Risk Pool to use funds from other sources as they become available to operate other pools. | ||
| Principal Authors: | Bill Brown (S), Mike Ritze (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Veto | |
| SB2051 | Paraphrase: | prohibits a contract between a dental plan of a health benefit plan and a dentist for the provision of services to patients from requiring that a dentist provide services to its subscribers at a fee set by the health benefit plan unless the services are covered under the applicable subscriber agreement. | ||
| Principal Authors: | Glenn Coffee (S), Chris Benge (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| SB2052 | Paraphrase: | requires the Oklahoma State and Education Employees Group Insurance Board to contract for plan year 2011 with a vendor that offers a Web-based, doctor-patient mutual accountability incentive program to work as a pilot program. It lists requirements of the program. It requires the program be voluntary to both the provider and patient on an encounter-by-encounter basis. It requires the program be offered and administered by the vendor through an Internet application. The CCR creates the Oklahoma Health and Wellness Board that will be made up of 11 members appointed by the governor, the Senate president pro tempore and t House Speaker. The CCR also establishes that a representative of the Oklahoma Education Association and the Oklahoma Public Employees Association will serve as non-voting members of the board. The CCR requires the board to create and oversee two divisions - the HealthChoice Health Insurance Division and the Employee Benefits Division - for procuring, administering and managing health benefit plans offered to state and education employees. The CCR also requires the board to consolidate the personnel and facilities of the board and its divisions and to identify inefficient and duplicative functions or services. The CCR directs the board to eliminate any duplicative positions or services and to sell or dispose of any duplicative assets. The CCR requires the board to annually remit to the State Treasurer for deposit in the General Revenue Fund an amount that reflects 15 percent of the combined administrative costs of the board as of the end of fiscal year 02010. The CCR also requires the board at the end of each plan year to utilize all amounts from the fund equity of the Health and Dental Fund that are in excess of 175 percent of the Experience Fluctuation Risk Component of the National Association of Insurance Commissioners Health Risk-Based Capital calculation for the purpose of funding health savings accounts, flexible spending accounts and the wellness program at the discretion of the board. The CCR requires the board, at their discretion, to utilize the $5 million Employees Benefits Council surplus for the purpose of funding health savings accounts, flexible spending accounts and the wellness program. The CCR requires the board to establish a wellness program for all participants in the plan, including financial incentives for participation in the wellness program and health living practices. The CCR also requires all state employees to participate in the wellness program. The CCR specifies that the board will choose one health maintenance organization, or HMO, to provide health insurance coverage to state employees. The CCR modifies the current benefit allowance by specifying that the allowance cannot go lower than Plan Year 2010 amounts and that the benefit allowance will be indexed on the basic preferred provider organization health benefit plan available. The CCR provides that any excess benefit allowance for new state employees hired after Nov. 1, 21010,will be deposited in a health savings account, a flexible savings account or deferred compensation account. The CCR provides that any new eligible school district employees will use their benefit allowance for health insurance, deferred compensation or Section 125 plan offerings. The CCR extends the State Employee Health Insurance Review Working Group for one year and renames the entity the State Employees Health Insurance and Compensation Review Working Group. The CCR repels sections of law that create the currents boards of OSEEGIB and EBC and several other sections related to EBC that are not longer necessary because of the consolidation provided in the bill. The CCR amends numerous sections of law to reflect the consolidation of OSEEGIB and EBC to reflect the name change to the Oklahoma Health and Wellness Board. | ||
| Principal Authors: | Glenn Coffee (S), Chris Benge (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Veto | |
| SB2054 | Paraphrase: | authorizes the insurance commissioner to require any entity obligated to submit or file documents with the Department of Insurance to electronically file the documents. The bill also clarifies language in the Oklahoma Insurance Code and removes outdated language. The bill also eliminates the requirement to certain funds collected be paid to the state treasury for credit to the General Revenue Fund. The bill eliminates the requirement that the Department of Insurance mail an affidavit of exempt status under the Workers' Compensation Act form to those requesting it but requires the department to make the form available on its Web site. The bill requires insurers that use credit information to provide certain information if the consumer's credit information has been directly influenced by certain events. The bill permits a nonresident life or accident and health insurance broker applicant to receive a license in Oklahoma if they are licensed and in good standing in their home state and if the applicant's home state awards nonresident licenses to Oklahoma residents on the same basis. The bill modifies language related to health benefit plans and eliminates group policies applicable to less than 50 people from the definition. The bill removes commercial lines insurance risks or portions thereof that are not rated according to manual, rating plans or schedules, including "a" rates, from the exemption from review requirements. It creates the Unauthorized Insurers and Surplus Lines Insurance Act. It modifies language referring to surplus line insurers. It requires all licensed administrators to file an annual report for the previous calendar year reviewed by a certified public accountant who shall be independent of the administrator. The bill adds advisory board or advisory organizations to the list of organizations that are required to make loss runs or claims history available to current and former policyholders within thirty 30 days upon a written request by the policyholder. The bill permits a nonresident life or accident and health insurance broker applicant to receive an Oklahoma license if they are licensed and in good standing in their home state, and if the home state of the applicant awards nonresident licenses to residents of Oklahoma on the same basis. The bill amends the Genetic Nondiscrimination in Insurance Act to certain acts on the basis of genetic information. The bill also permits health benefit plans to provide coverage other than those required by law for mental health and substance use disorders. The bill also provides that treatment limitations for mental health and substance abuse disorder benefits will be no more restrictive than the predominant treatment limitations substantially applied to all medical and surgical benefits covered by the plan and that there shall be no separate treatment limitations applicable only to mental health or substance abuse disorder benefits. The bill requires the board to develop a plan to end the business of the Oklahoma Small Employer Health Reinsurance Program. The bill requires the board to submit the plan to the insurance commissioner for approval within 120 days of the effective date of the program's repeal and requires that the plan include, but not be limited to, an accounting of the funds and expenses of the Oklahoma Small Employer Health Reinsurance Program and a detailed description of the method of reimbursement of any funds or monies from the initial assessment to any reinsuring carriers. The bill modifies certain reporting requirements related to medical professional liability insurance policy claims. The bill permits a professional employer organization, or PEO, to use a qualified assurance organization as approved by the commissioner to provide services related to the registration of the PEO. The bill also repeals requirements that copies of volunteer fire department ordinances be submitted to the insurance commissioner. The bill also repeals additional language concerning the Small Employer Health Insurance Reform Act. The bill repeals language related to the application for license as a service warranty association. In the House, the bill was amended to remove the repealer of language under the Service Warranty Insurance Act related to application for license as a service warranty association. | ||
| Principal Authors: | Bill Brown (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/06/2010 | Current Status: | Governor Action - Signed | |
| SB2074 | Paraphrase: | requires certain insurers authorized to do business in Oklahoma to have a rating of B++ or better by A.M. Best Company Inc. The bill also repeals provisions of the Service Warranty Insurance Act related to the maintenance of funded, unearned premium reserve accounts and the purchase of contractual liability insurance. | ||
| Principal Authors: | John Sparks (S), Daniel Sullivan (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/22/2010 | Current Status: | Governor Action - Signed | |
| SB2113 | Paraphrase: | amends, merges, consolidates and repeals duplicate sections of law. | ||
| Principal Authors: | Patrick Anderson (S), Rex Duncan (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 03/03/2010 | Current Status: | Governor Action - Signed | |
| SB2124 | Paraphrase: | defines specific support activities for rail transportation and specific support activities for water transportation as "basic industry" in relation to tax and incentive purposes. In the House, language was added to include alternative energy structure construction, solar reflective coating application and solar heating equipment installation to the definition of "basic industry" under certain conditions. | ||
| Principal Authors: | Mike Mazzei (S), Jeff Hickman (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB2126 | Paraphrase: | includes "technology center school district" in the definition of "political subdivision" under the Governmental Tort Claims Act. | ||
| Principal Authors: | Debbe Leftwich (S), Randy Terrill (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/10/2010 | Current Status: | Governor Action - Signed | |
| SB2128 | Paraphrase: | specifies within the Quality Jobs Act that a "qualified federal contract" shall not qualify unless both the qualified federal contractor and subcontractor verify to the qualified federal contractor verifier that they offer or will offer within 180 days of employment of their respective employees, a basic health benefits plan. The bill also increases the average wage requirement maximum from $25,000 to $29,409, and it states that within three years of the first complete calendar quarter that the federal contractor must have actual annual verified gross qualified labor hours of a minimum of $2.5 million to continue receiving incentive payment. It also provides for other reasons that the incentive payments shall not be made, including average annualized wage requirements. The bill also directs the Department of Commerce to determine prior to application approval that neither the federal contractor nor subcontractor have previously received incentive payments under several state incentive programs. The measure requires that a qualified federal contract involve services that are capable of being accomplished without a state of Oklahoma workforce and are performed by a state of Oklahoma workforce. It also requires a business to offer a basic health benefits plan to its employees within 180 days to qualify. It also requires that total qualified labor hours only apply to hours of work performed by a state of Oklahoma workforce. The bill also allows subcontractors in order of tier ranking as determined by a federal contract verifier to assume the role of the prime contractor and apply to become a qualified federal contractor should a prime contractor provide notice of its intent to not apply for incentive for a qualified federal contract. It requires all costs for the federal contract verifier to be reimbursed through value-added services on the qualified federal contract. The bill also requires a qualified federal contractor to pay $31 per hour in any county for qualified subcontractor work. It allows the Department of Commerce to establish a renewable 10-year contract with a qualified federal contractor using a net cost/benefit analysis model. It allows a qualified federal contractor or subcontractor receiving inventive payments under various state acts to defer in part or in entirety other incentives. | ||
| Principal Authors: | David Myers (S), Mike Jackson (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/14/2010 | Current Status: | Governor Action - Signed | |
| SB2150 | Paraphrase: | makes assault and battery against a former spouse of one's current spouse to be punishable by not more than one year in prison and/or a $5,000 fine. In the House, language was modified to include a person who is or was in a dating relationship with the defendant. | ||
| Principal Authors: | John Sparks (S), Ron Peters (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB2163 | Paraphrase: | creates a seven-member board of trustees for the Health Care Indemnity Fund. It states that earnings from the trust fund are to be expended to pay a portion of damages awarded and approved by the district court in professional negligence cases against physicians in the state following entry of a jury verdict. It states that such expenditures are to be limited to noneconomic damages. It directs the board of trustees to develop rules to request and review bids for insurance coverage required for the operation of the trust fund. It authorizes the board to retain legal counsel. It also directs the board to submit a report of the fund's investment and asset value annually to the governor and the state treasurer. It was further amended to grant the board of trustees the authority to select an insurance broker and/or administrator to assist in soliciting bids. | ||
| Principal Authors: | Susan Paddack (S), Daniel Sullivan (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Veto | |
| SB2235 | Paraphrase: | requires a motion for an emergency custody hearing to include an independent report that demonstrates the child is in surroundings that could endanger the child in a court proceeding concerning child custody or child visitation. If there is no report, it requires an individual with personal knowledge that the child is in a surrounding that could endanger the child to provide a notarized affidavit. It also requires the court to conduct a hearing within 72 hours from when the motion and supporting documentation is received. It states a court shall not be required to conduct a subsequent hearing if the court finds any information included in a notarized affidavit is false. The bill also imposes certain limits judicial districts may place on the qualifications of parenting coordinators. | ||
| Principal Authors: | Brian Crain (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB2239 | Paraphrase: | requires that the concealed handgun license issued by the Oklahoma State Bureau of Investigation to be issued in the applicant's county of residence. It also requires the sheriff to submit to OSBI legible fingerprints meeting OSBI's Automated Fingerprint Identification submission standards. It requires OSBI to either issue a concealed handgun license or deny an application within 60 days of the date of the receipt of the completed application if the background check reveals no records pertaining to the applicant. It requires the sheriff to issue or deny a concealed handgun license within 90 days in all other cases. | ||
| Principal Authors: | Steve Russell (S), John Enns (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/21/2010 | Current Status: | Governor Action - Signed | |
| SB2258 | Paraphrase: | creates the Greater Protecting Victims of Human Trafficking Act of 2010. The bill makes it unlawful for any person to intentionally destroy, hide, alter, abscond or keep documentation, including birth certificates, visas, passports, green cards or other documents utilized in the regular course to either verify or legally extend an individual's legal status within the United States for the purpose of trafficking a person. The bill authorizes the attorney general, subject to the availability of funds, to establish an emergency hotline number for victims of human trafficking to call in order to request assistance or rescue. The bill also authorizes the attorney general to enter into agreements with county health departments to require posting of the rights contained in the law and the hotline number for publication in locations as directed by the State Department of Health. The bill also modifies the definition of blackmail to including threatening to report a person as being illegally present in the United States. | ||
| Principal Authors: | Clark Jolley (S), Randy Terrill (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SJR0059 | Paraphrase: | proposes a constitutional amendment prohibiting a law from compelling any person, employer or health care provider from participating in any health care system and allowing a person or employer to pay directly for health care services without being required to pay penalties or fines and allowing a health care provider to accept payment for health care services without being required to pay penalties or fines. It prohibits the purchase or sale of health insurance in private health care systems from being prohibited by law or rule, subject to reasonable and necessary rules that do not substantially limit a person's options. | ||
| Principal Authors: | Dan Newberry (S), Mike Thompson (H) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 05/26/2010 | Current Status: | Secretary of State | |