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An Act
ENROLLED SENATE
BILL NO. 1847 By: Green of the Senate
and
Moore and Deck of the House
An Act relating to Medicaid home- and community-based
services; amending 56 O.S. 2021, Section 1017.3,
which relates to ADvantage Waiver Program; modifying
eligibility criteria; providing certain exception;
providing an effective date; and declaring an
emergency.
SUBJECT: Medicaid ADvantage Waiver eligibility criteria
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 1017.3, is
amended to read as follows:
Section 1017.3. To be eligible for the ADvantage Waiver
Program, a person shall:
1. Qualify financially for Medicaid;
2. Be:
a. sixty-five (65) years of age or older, or
b. nineteen (19) to sixty-four (64) years of age and:
(1) be a physically disabled adult, as determined by
the Social Security Administration, age twenty-
one (21) years or older without
ENR. S. B. NO. 1847 Page 2
(2) have a developmental disability; provided, the
individual does not have an intellectual
disability or cognitive impairment related to the
developmental disability, or
(3) have a clinically documented, progressive, and
degenerative disease that responds to treatment
and previously required hospital- or long-term-
care-facility level of care to maintain the
treatment regimen to prevent health
deterioration;
3. Be determined to meet the nursing facility institutional
level of care by the Aging Services Division of the Department of
Human Services;
4. Reside in his or her own home or, a family member's home, or
an assisted living center contracted with the Department of Human
Services under the ADvantage Waiver Program; and
5. Have needs that can be safely met with waiver services and
family or community supports.
SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1847 Page 3
Passed the Senate the 20th day of April, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 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: _________________________________