Amendment vs bill 1 Floor Amendment by STINSON (UNTIMELY FILED) vs Engrossed

Struck = removed from the bill · added = the amendment's new text.

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ENGROSSED SENATE BILL NO.
SB1380 FA1 StinsonPr-MAH(Untimely Filed) 4/29/2026 4:27:44 pm FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER:
1380 By:
CHAIR:
Stewart of the Senate and Stinson of the House 5 An Act relating to the state Medicaid program;
I move to amend SB1380 Of the printed Bill Page Section Lines Of the Engrossed Bill On page 2, line 7, by inserting after the second occurrence of the word "services" and before the period "." the following language:
amending 56 O.S.
"and applicants receiving care in Nursing Facilities or Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF-IID)";
2021, Sections 246 and 247, which relate to verification of Medicaid eligibility;
On page 3, line 2, by deleting the words "deny the application";
updating statutory language;
On page 3, line 3, by deleting the word "coverage";
requiring certain death record verifications;
On page 3, line 4, by inserting after the word "individual" and before the period "." the following language:
requiring certain denial or disenrollment of deceased individuals;
"for services rendered after the date of death" AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by:
prohibiting certain coverage or payments on behalf of deceased individuals;
Preston Stinson Adopted:
directing certain recoupment of funds;
_____________________________ ______________________Reading Clerk___
requiring certain periodic reviews by the State Auditor and Inspector;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 56 O.S.
2021, Section 246, is amended to read as follows:
Section 246.
A.
This act shall be known and may be cited as the “Act to Restore Hope, Opportunity and Prosperity for Everyone” or the “HOPE Act”.
B.
Prior to awarding assistance approving coverage under the state Medicaid program, the Oklahoma Health Care Authority shall verify eligibility information of each applicant, including death record verification conducted immediately prior to approval, excluding those applicants who would be eligible under the Tax ENGR.
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1380 Page 1 Equity and Fiscal Responsibility Act of 1982 (TEFRA) and excluding those applicants with intellectual disabilities receiving Home and Community Based Medicaid waiver Medicaid home- and community-based services and state-funded services.
C.
The information verified by the Authority shall include, but is not limited to:
1.
Earned and unearned income;
2.
Employment status and changes in employment;
3.
Immigration status;
4.
Residency status, including a nationwide best-address source to verify individuals are residents of the state;
5.
Enrollment status in other state-administered public assistance programs;
6.
Financial resources;
7.
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Incarceration status;
8.
Death records, which shall be verified through, at a minimum, the Social Security Administration’s Death Master File and the State Department of Health’s system of vital statistics;
9.
Enrollment status in public assistance programs outside of this state;
and 10.
Potential identity fraud or identity theft.
D.
If the death of an applicant is confirmed prior to approval, the Authority shall deny the application and ensure that no Medicaid ENGR.
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1380 Page 2 coverage or payments are authorized on behalf of the deceased individual.
E.
The Authority shall sign a memorandum of understanding with any department, agency or division for information detailed in subsection C of this section.
E.
F.
The Authority shall contract with one or more independent vendors to provide information detailed in subsection C of this section.
Any contract entered under this subsection shall establish annualized savings that exceed the contract’s total annual cost to the state.
F.
G.
Nothing in this section shall preclude the Authority from receiving, reviewing or verifying additional information related to eligibility not detailed in this section or from contracting with one or more independent vendors to provide additional information not detailed in this section.
SECTION 2.
AMENDATORY 56 O.S.
2021, Section 247, is amended to read as follows:
Section 247.
A.
On a quarterly monthly basis, the Oklahoma Health Care Authority shall receive and review information concerning individuals enrolled in the state Medicaid program that indicates a change in circumstances that may affect eligibility, excluding those individuals who would be eligible under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and excluding those individuals with intellectual disabilities receiving Home and ENGR.
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B.
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1380 Page 3 Community Based Medicaid waiver Medicaid home- and community-based services and state-funded services.
B.
The information provided to the Authority shall include, but is not limited to:
1.
Earned and unearned income;
2.
Employment status and changes in employment;
3.
Residency status;
4.
Enrollment status in other state-administered public assistance programs;
5.
Financial resources;
6.
Incarceration status;
7.
Death records;
8.
Lottery winnings;
and 9.
Enrollment status in public assistance programs outside of this state.
C.
1.
The Authority shall conduct monthly death record verification for all individuals enrolled in the state Medicaid program beginning no later than January 1, 2027.
Such verification shall include, at a minimum, comparison against the Social Security Administration’s Death Master File and the State Department of Health’s system of vital statistics.
2.
Upon confirmation of death, the Authority shall disenroll the deceased enrollee from the state Medicaid program promptly.
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1380 Page 4 3.
The Authority shall ensure that no Medicaid payments are made on behalf of a deceased enrollee for services rendered after the date of death.
4.
The Authority shall recoup any funds expended on behalf of a deceased enrollee for capitated payments or services occurring after the date of death, to the extent permitted under state and federal law.
D.
The Authority shall sign a memorandum of understanding with any department, agency or division for information detailed in subsection B of this section.
D.
E.
The Authority shall contract with one or more independent vendors to provide information detailed in subsection B of this section.
Any contract entered under this subsection shall establish annualized savings that exceed the contract’s total annual cost to the state.
E.
F.
The Authority shall explore joining any multistate cooperative to identify individuals who are also enrolled in public assistance programs outside of this state, including the National Accuracy Clearinghouse.
F.
G.
Nothing in this section shall preclude the Authority from receiving or reviewing additional information related to eligibility not detailed in this section or from contracting with one or more independent vendors to provide additional information not detailed in this section.
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1380 Page 5 G.
H.
If the Authority receives information concerning an individual enrolled in the state Medicaid program that indicates a change in circumstances that may affect eligibility, the Authority shall review the individual’s case using the following procedures:
1.
If the information does not result in the Authority finding a discrepancy or change in an individual’s circumstances that may affect eligibility, the Authority shall take no further action;
2.
If the information results in the Authority finding a discrepancy or change in an individual’s circumstances that may affect eligibility, the Authority shall promptly redetermine eligibility after receiving such information;
3.
If the information results in the Authority finding a discrepancy or change in an individual’s circumstances that may affect eligibility, the individual shall be given an opportunity to explain the discrepancy;
provided, however, that self-declarations by applicants or recipients shall not be accepted as verification;
4.
The Authority shall provide notice to the individual which shall describe in sufficient detail the circumstances of the discrepancy or change, the manner in which the applicant or recipient may respond, and the consequences of failing to take action.
The applicant or recipient shall have ten (10) business days to respond in an attempt to resolve the discrepancy or change.
The explanation provided by the recipient or applicant shall be given in writing.
After receiving the explanation, the Authority ENGR.
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1380 Page 6 may request additional documentation if it determines that there is risk of fraud, misrepresentation or inadequate documentation;
5.
If the individual does not respond to the notice, the Authority shall discontinue assistance for failure to cooperate, in which case the Authority shall provide notice of intent to discontinue assistance.
Eligibility for assistance shall not be established or reestablished until the discrepancy or change has been resolved;
6.
If an individual responds to the notice and disagrees with the findings, the Authority shall reinvestigate the matter.
If the Authority finds that there has been an error, the Authority shall take immediate action to correct it and no further action shall be taken.
If, after an investigation, the Authority determines that there is no error, the Authority shall determine the effect on the individual’s case and take appropriate action.
Written notice of the Authority action shall be given to the individual;
and 7.
If the individual agrees with the findings, the Authority shall determine the effect on the individual’s case and take appropriate action.
Written notice of the Authority action shall be given to the individual.
In no case shall the Authority discontinue assistance upon finding a discrepancy or change in circumstances until the individual has been given notice of the discrepancy and the opportunity to respond as required under the HOPE Act.
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1380 Page 7 I.
The State Auditor and Inspector shall conduct periodic reviews of the Oklahoma Health Care Authority to ensure compliance with the requirements of this section.
SECTION 3.
This act shall become effective November 1, 2026.
Passed the Senate the 24th day of March, 2026.
7 Presiding Officer of the Senate 9 Passed the House of Representatives the ____ day of __________, 2026.
Presiding Officer of the House of Representatives ENGR.
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