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ENGR. H. A. to ENGR. S. B. NO. 1380 Page 1
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ENGROSSED HOUSE AMENDMENTS
TO
ENGROSSED SENATE BILL NO. 1380 By: Stewart of the Senate
and
Stinson of the House
An Act relating to the state Medicaid program;
amending 56 O.S. 2021, Sections 246 and 247, which
relate to verification of Medicaid eligibility;
updating statutory language; requiring certain death
record verifications; requiring certain denial or
disenrollment of deceased individuals; prohibiting
certain coverage or payments on behalf of deceased
individuals; directing certain recoupment of funds;
requiring certain periodic reviews by the State
Auditor and Inspector; and providing an effective
date.
AUTHOR: Add the following House coauthor: Archer
AMENDMENT NO. 1. Page 2, line 4, insert after the second occurrence
of the word "services" and before the period, the
words "and applicants receiving care in Nursing
Facilities or Intermediate Care Facilities for
Individuals with Intellectual Disabilities (ICF-
IID)"
AMENDMENT NO. 2. Page 2, line 23, delete after the word "shall" and
before the word "ensure", the words "deny the
application and"
AMENDMENT NO. 3. Page 3, line 1, delete the word "coverage"
AMENDMENT NO. 4. Page 3, line 2, insert after the word "individual"
and before the period, the words "for services
rendered after the date of death"
and amend title to conform
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Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2026.
Presiding Officer of the Senate
ENGR. S. B. NO. 1380 Page 1
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ENGROSSED SENATE
BILL NO. 1380 By: Stewart of the Senate
and
Stinson of the House
An Act relating to the state Medicaid program;
amending 56 O.S. 2021, Sections 246 and 247, which
relate to verification of Medicaid eligibility;
updating statutory language; requiring certain death
record verifications; requiring certain denial or
disenrollment of deceased individuals; prohibiting
certain coverage or payments on behalf of deceased
individuals; directing certain recoupment of funds;
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
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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. 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
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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
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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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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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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
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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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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.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives