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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3597 By: Lepak
AS INTRODUCED
An Act relating to state welfare benefits; amending
56 O.S. 2021, Section 241, which relates to
participation in food stamp programs; prohibiting
certain individuals from receiving benefits; amending
56 O.S. 2021, Section 1011.15, which relates to
SoonerCare eligibility; prohibiting certain
individuals from receiving benefits; 63 O.S. 2021,
Section 3209, which relates to determining certain
Medicaid eligibility; prohibiting the authorization
of certain individuals from eligibility; 63 O.S.
2021, Section 3277, which relates to Medicaid
eligibility criteria; prohibiting certain individuals
from receiving eligibility; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 241, is
amended to read as follows:
Section 241. A. It shall be the mandatory duty of the
Department of Human Services to participate in the food stamp
program under the Food Stamp Act of 1977, as amended. The cost of
distributing food stamp benefits shall be paid by the Department.
B. 1. The Department may, at its option:
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a. operate the program of distributing food stamp
benefits to families certified as eligible by the
Department, or
b. contract with private or public entities for the
distribution of food stamp benefits.
2. Any program for distribution of food stamp benefits operated
pursuant to the provisions of this subsection shall provide:
a. adequate qualified personnel, suitable facilities, and
adequate participant access to such benefits through a
system of electronic benefits transfer,
b. adequate qualified personnel and suitable facilities
for storage and issuing of any required food stamp
coupons for benefits,
c. any bonding of personnel, and insurance required by
the Commission for Human Services, and
d. that such exchange, distribution and accounting of
food stamp benefits shall be in compliance with all
federal and state regulations and rules applicable
thereto.
C. Food stamp benefits may be obtained through one or more
approved food stores, or through other means approved by the
Department.
D. Unauthorized immigrants are individuals without proper legal
documentation including, but not limited to, those who entered the
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United States without inspection, overstayed a period of lawful
admission, or violated the terms of their admission and shall not
receive food stamp benefits under any circumstances. Any such
individual who receives food stamp benefits or individual who
knowingly assists an unauthorized immigrant in receiving such
benefits shall be subject to penalties pursuant to Section 243 of
this title.
SECTION 2. AMENDATORY 56 O.S. 2021, Section 1011.15, is
amended to read as follows:
Section 1011.15. A. The Oklahoma Health Care Authority (OHCA)
shall seek Medicaid waiver authority to pursue modifications to
Medicaid eligibility criteria so that receipt of SoonerCare coverage
for certain Medicaid populations is conditional upon documentation
of certain education, skills, training, work or job activities.
Insure Oklahoma eligibility criteria is excluded from this
requirement. This requirement is contingent upon approval from the
federal Centers for Medicare and Medicaid Services and available
state funding.
B. The SoonerCare eligibility modifications provided in
subsection A of this section shall include criteria for work or job
activities as required for the Supplemental Nutrition Assistance
Program (SNAP) in 7 U.S.C., Section 2015(o). In order for an
enrollee to remain eligible for SoonerCare, he or she shall comply
with the work requirements for SNAP in 7 U.S.C., Section 2015(o).
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The SoonerCare eligibility criteria work requirements shall be the
same as the eligibility criteria work requirements for SNAP in 7
U.S.C., Section 2015(o).
C. Exemptions to the eligibility criteria in this section shall
be the same as the exemption criteria for SNAP in 7 U.S.C., Section
2015(o)(3)(A), (B), (D) and (E) or Medicaid populations excluded
pursuant to federal Medicaid laws and guidelines. Populations
excluded from the requirements shall include those which are
excluded by SNAP in 7 U.S.C., Section 2015(o)(3)(A), (B), (D) and
(E) or federal Medicaid laws and guidelines. The state may adopt
additional exemptions subject to agency rule-making and federal
approval.
D. Unauthorized immigrants are individuals without proper legal
documentation including, but not limited to, those who entered the
United States without inspection, overstayed a period of lawful
admission, or violated the terms of their admission and shall not
receive Medicaid or SoonerCare benefits under any circumstances.
Any such individual who receives food stamp benefits or individual
who knowingly assists an unauthorized immigrant in receiving such
benefits shall be subject to penalties pursuant to Sections 1005.1,
1006, or 1007 of this title.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 3209, is
amended to read as follows:
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Section 3209. The Department of Human Services or the successor
agency responsible for Medicaid shall continue to determine
eligibility criteria and standards for Medicaid recipients and
indigents and continue to staff a Medicaid eligibility office at the
University Hospitals. Unauthorized immigrants are individuals
without proper legal documentation including, but not limited to,
those who entered the United States without inspection, overstayed a
period of lawful admission, or violated the terms of their admission
and shall not be eligible for Medicaid or SoonerCare benefits under
any circumstances.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 3277, is
amended to read as follows:
Section 3277. The Oklahoma Health Care Authority shall continue
to determine eligibility criteria and standards for Medicaid
recipients. Unauthorized immigrants are individuals without proper
legal documentation including, but not limited to, those who entered
the United States without inspection, overstayed a period of lawful
admission, or violated the terms of their admission and shall not be
eligible for Medicaid or SoonerCare benefits under any
circumstances.
SECTION 5. This act shall become effective November 1, 2026.
60-2-15161 TKR 01/12/26