Medicaid home- and community-based services; modifying certain definition. Effective date.

An Act
ENROLLED SENATE
BILL NO. 1555 By: Reinhardt of the Senate

and

Pae of the House

An Act relating to Medicaid home- and community-based
services; amending 10 O.S. 2021, Section 1408, which
relates to definitions; modifying certain definition;
updating statutory language and references; and
providing an effective date.

SUBJECT: Medicaid home- and community-based services

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 10 O.S. 2021, Section 1408, is
amended to read as follows:

Section 1408. A. “Individual with intellectual disability” as
used in Sections Section 1406 through 1424 et seq. of this title
means a person who has significantly subaverage functioning,
intelligence quotient of less than seventy (70), manifested before
the age of eighteen (18) and existing concurrently with related
limitations in two or more of the following applicable adaptive
skill areas:

1. Communication;

2. Self-care;

3. Home living;

4. Social skills;

5. Use of community resources;

ENR. S. B. NO. 1555 Page 2
6. Self-direction;

7. Health and safety;

8. Functional academics;

9. Leisure; and

10. Work meets the criteria for intellectual disorder as listed
in the Social Security Administration Listing of Impairments for
disability evaluation, 20 C.F.R., Part 404, Subpart P.

B. “Resident” as used in Sections Section 1406 through 1424 et
seq. of this title shall mean a person admitted to and in residence
in any of the institutions named in Section 1406 of this title, or
on a vacation or extended vacation status from such institution.

C. “Developmental disability” as used in Sections Section 1406
through 1424 et seq. of this title means a severe, chronic
disability of a person which:

1. Is attributable to a mental or physical impairment or
combination of mental and physical impairments, such as intellectual
developmental disorder, cerebral palsy, or autism;

2. Is manifested before the person attains twenty-two (22)
years of age;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or
more of the following areas of major life activity:

a. self-care,

b. receptive and expressive language,

c. learning,

d. mobility,

e. self-direction,

ENR. S. B. NO. 1555 Page 3

f. capacity for independent living, and

g. economic self-sufficiency; and

5. Reflects the person’s need for a combination and sequence of
special, interdisciplinary, or generic care, treatment, or other
services which are of lifelong or extended duration and are
individually planned and coordinated. The term developmental
disability shall not include mentally ill incompetent persons, as
those persons are defined by Section 1-103 of Title 43A of the
Oklahoma Statutes, whose sole disability is mental illness as
defined by Section 1-103 of Title 43A of the Oklahoma Statutes.

D. Nothing in subsection C of this section shall be construed
to render persons who are receiving services upon September 1, 1991,
through programs and services for individuals with intellectual
disabilities offered by the Department of Human Services as
ineligible for such services. The Department of Human Services may
provide, within the limitations of funds and other resources
available for such purpose, programs and services for persons with
developmental disabilities who are not presently served by the
Department of Human Services.

SECTION 2. This act shall become effective November 1, 2026.

ENR. S. B. NO. 1555 Page 4
Passed the Senate the 11th day of March, 2026.

Presiding Officer of the Senate

Passed the House of Representatives the 6th day of May, 2026.

Presiding Officer of the House
of Representatives

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________