OOA 2024 Legislative Update

Privacy Protections for Mental Health Records – SB 1716 (by Sen. Todd Gollihare)

• OOA Request Bill
• Authorizes professional licensing boards to enter into executive session when discussing mental health documents related to a licensee under investigation or review by a professional licensing board, provided the executive session is held only to review documents pertaining to the individual in question, the documents reviewed are kept confidential, and the licensee is given the opportunity to be present during any witness testimony or discussion of the mental health documents.
• This protects the privacy of physicians and other licensees and destigmatizes seeking treatment for mental health concerns.
• Many health professionals are afraid to seek treatment due to fear of public stigma if that treatment is disclosed to their licensure board.
• This bill will help ensure the wellbeing of Oklahoma’s healthcare providers, and therefore their patients.
  • Status: Signed into law; effective Nov. 1, 2024

Licensure Boards – HB 2958 (Kendrix/Bergstrom)

• Extends the sunset of the State Board of Osteopathic Examiners to July 1, 2027.
  • Status: Signed into law by the Governor; effective Aug. 28, 2024

Prior Authorization – HB 3190 (Newton/Garvin)

• Establishes requirements for transparency in prior authorization processes, sets criteria for adverse determinations, and specifies the qualifications of physicians involved in such determinations.
• Addresses emergency and urgent healthcare services, appeals, and the duration of prior authorizations. Additionally, it includes provisions related to the electronic transmission of prior authorization requests and outlines consequences for non-compliance with these requirements.
  • Status: Signed into law; effective Jan. 1, 2025

Prior Authorization – SB 1703 (Daniels/McEntire)

• Prohibits insurers and third-party administrators other than a Medicare Advantage plan from denying Oklahoma Health Care Authority claims solely on the basis that a claimed item or service did not receive prior authorization under the rules or coverage policies of the insurer.
• Requires the insurer or third-party administrator to accept an authorization provided by the Authority for an item or service covered under the state Medicaid program or under a home- and community-based services waiver.
• Requires insurers and third- party administrators to respond within 60 days of receiving an inquiry regarding a claim if the claimed item occurred within the last 3 years.
  • Status: Signed into law; effective June 16, 2024

Health Information Exchange – HB 3556 (Kendrix/Howard)

• Provides that all health care providers in Oklahoma, as defined by the rules of the Oklahoma Health Care Authority Board, have the option to report data to and use the state-designated entity.
  • Status: Signed into law; effective Nov. 1, 2024

Preceptorship Rotation – HB 3351 (McEntire/Thompson, K)

• Establishes a tax credit for faculty preceptors, including allopathic physicians, osteopathic physicians, advanced practical registered nurses, advanced practice registered nursing students, and physician assistants, who conduct preceptorship rotations for medical students, residents, advanced practical registered nurses, and physician assistant students.
• The tax credit, applicable from 2026 to 2035, allows faculty preceptors to claim credits for up to ten preceptorship rotations per calendar year.
• The credit amounts vary for medical students, residents, advanced practical registered nurses, and physician assistant students.
  • Status: Signed into law; effective May 16, 2024

Managed Care – SB 1675 (McCortney/McEntire)

• Extends the deadline for the Oklahoma Health Care Authority to implement provisions related to capitated managed care contracts from October 1, 2023, to April 1, 2024.
• Mandates that all contracted entities complete the credentialing or re- credentialing of a provider within 60 calendar days of receiving a completed application.
• Changes the timeframe for a contracted entity to respond to a request for services for a hospitalized member from 1 business day to 24 hours
• Requires peer-to-peer conversations following an adverse determination to occur within 24 hours.  
• Imposes a 3% limit on the percentage of claims subject to post-payment audits and expands provisions regarding denied claims to include downgraded claims.
• Extends the duration of the minimum reimbursement rates established by the Authority from July 1, 2026, to July 1, 2027.
• Stipulates that at least one capitated managed care contract providing statewide coverage to Medicaid members must be awarded to a provider-owned entity that submitted a responsive proposal and demonstrated the ability to fulfill the contract requirements.
  • Status: Signed into law; effective June 16, 2024

OPPOSED LEGISLATION

APRN Independent Practice – SB 458 (Stanley/McEntire)  

• Would have allowed Advanced Practice Registered Nurses recognized as Certified Nurse Practitioners, Certified Nurse-Midwives, or Clinical Nurse Specialists to prescribe drugs independent of physician supervision after completing a minimum of 2,000 hours of practice with supervised prescriptive authority.  
  • Status: Vetoed by the Governor (although there were efforts to override the Governors veto, that was never brought up so it did not become law).
    • “I don’t believe APRN’s should be able to prescribe Schedule III through V controlled substances without physician supervision.”
    • The Governor’s entire veto message can be found here.

Physician Assistant Practice – HB 3965 (McEntire)

• Would have authorized physician assistants (PAs) who have met the required hours of post-graduate clinical experience to practice prescriptive authority without supervision. 
  • Status: Not heard on the House floor; dead pursuant to the rules

Pharmacists Scope of Practice – SB 232 (Garvin/McEntire)

• Would have added "Minor, nonchronic health condition" to the defined terms in the Oklahoma Pharmacy Act.
• Would have expanded the definition of the "practice of pharmacy" to include ordering, performing, and interpreting tests for minor, nonchronic health conditions and initiating drug therapy for minor, nonchronic health conditions.
• Would have allowed the dispensing of self-administered hormonal contraceptives.
• Would have required licensed pharmacies to maintain a 4:1 ratio of technicians to pharmacists. 
  • Status: Died in conference; dead pursuant to the rules