ENGROSSED HOUSE
BILL NO. 1102	By:	Miller and Martin (Scott) of the House

				and

		Johnson (Mike) and Myers of the Senate

( Oklahoma Health Care Authority – appropriations - effective date – 		emergency )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.  There is hereby appropriated to the Oklahoma Health Care Authority from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2010, the sum of __________ Dollars ($0.00) or so much thereof as may be necessary to perform the duties imposed upon the Oklahoma Health Care Authority by law.
SECTION 2.  There is hereby appropriated to the Oklahoma Health Care Authority from any monies not otherwise appropriated from the Tobacco Settlement Fund of the State Treasury for the fiscal year ending June 30, 2010, the sum of ________ Dollars ($0.00) or so much thereof as may be necessary to perform the duties imposed upon the Oklahoma Health Care Authority by law.
SECTION 3.  For the fiscal year ending June 30, 2010, the Oklahoma Health Care Authority shall budget all funds in the following categories and amounts:
Category	Appropriation	Total
Operations						$0.00			$0.00
Medicaid Payments				 0.00			 0.00
Medicaid Contracted Services		 0.00			 0.00
Premium Assistance Program		 0.00			 0.00
Rehabilitation Services			 0.00			 0.00
OSA Non-Title-XIX Medical			 0.00			 0.00
Non-Title-XIX Medical			 0.00			 0.00
  TOTAL						$0.00			$0.00
SECTION 4.  A.  The duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the Oklahoma Health Care Authority by law shall be set by the Administrator of the Oklahoma Health Care Authority.
B.  The salary of the Administrator shall not exceed ___________ Dollars ($0.00) per annum, payable monthly for the fiscal year ending June 30, 2010.
C.  The Oklahoma Health Care Authority is authorized to:
1.  Pay professional expenses of the Administrator of the Authority, including dues, licenses, professional memberships, continuing medical education classes conducted in the State of Oklahoma, and medical malpractice insurance;
2.  Pay professional expenses of any Oklahoma licensed physician, including dues, licenses, professional memberships, continuing medical education classes conducted in the State of Oklahoma, and medical malpractice insurance, provided the physician is a full-time employee of the Authority in accordance with subsection B of Section 5006 of Title 63 of the Oklahoma Statutes or paragraph 1 of subsection B of Section 840-5.5 of Title 74 of the Oklahoma Statutes and utilizing those professional skills in the performance of their job duties; and
3.  Employ six (6) full-time-equivalent attorneys.  This authorization shall not increase the budgetary limits in this section.
D.  The Oklahoma Health Care Authority for the fiscal year ending June 30, 2010, shall be subject to the following budgetary limitations, except as may be authorized pursuant to the provisions of Section 3603 of Title 74 of the Oklahoma Statutes:
Budgetary Limitation	Amount
Full-time-equivalent Employees	0.0
Lease-Purchase Agreements	$0.00
Full-time-equivalent employees solely paid by grant funds will not count against the agency’s budgetary limitations as specified in this section.
SECTION 5.  A.  The Administrator of the Oklahoma Health Care Authority may request in the manner provided in this section that receipt and expenditure of unanticipated federal funds awarded after July 1, 2009, be exempt from expenditure limitations and from budgetary limitations.
1.  The Administrator shall make a request for exemption to the Director of State Finance in writing and file a revised budget program.
2.  The Administrator shall also file copies of the request for exemption and budget work program revisions with the Oklahoma House of Representatives Appropriations and Budget Committee Chair and the Oklahoma State Senate Appropriations Committee Chair.  The Oklahoma House of Representatives Appropriations and Budget Committee Chair and/or the Oklahoma State Senate Appropriations Committee Chair shall notify the Director of State Finance of any noncompliance of the request with legislative intent within twelve (12) calendar days of their receipt of the exemption request.
B.  The Director of State Finance shall approve the request for exemption unless both the Chair and Vice Chair of the Joint Legislative Committee on Budget and Program Oversight provide written notification to the Director of State Finance within twelve (12) calendar days of the Committee’s receipt of the exemption request that the exemption subverts the intention and objectives of the Legislature in establishing the original limit.  The Director of State Finance shall give written notice of approval or disapproval of each exemption to the agency, the Governor and the Chair of the Oklahoma House of Representatives Appropriations and Budget Committee and the Chair of the Oklahoma State Senate Appropriations Committee within eighteen (18) calendar days of receiving the request.
SECTION 6.  The Director of State Finance shall transfer monies appropriated from the General Revenue Fund to the Oklahoma Health Care Authority disbursing funds in the amounts and ratios requested by the Authority except that the cumulative amount transferred shall not exceed the cumulative amount of equal monthly allotments of the appropriation from the General Revenue Fund.  Monies appropriated or collected for the fiscal year ending June 30, 2010, may be transferred to these disbursing funds for the fiscal year ending June 30, 2009, to satisfy encumbrances and obligations of said fiscal year; provided, that monies equal in amount are transferred from appropriations or collections for the fiscal year ending June 30, 2009, to the disbursing fund for the fiscal year ending June 30, 2010, to satisfy encumbrances and obligations of said fiscal year.  All transfer requests shall be in writing to the Director of State Finance.  The Oklahoma Health Care Authority shall maintain record of the interyear transfers.
SECTION 7.  The Director of the Oklahoma Health Care Authority may request through the Director of State Finance the early transfer by the Oklahoma Tax Commission of tax collections to the General Revenue Fund for the purpose of early allocation to the agency's disbursing funds to alleviate cash-flow problems.
SECTION 8.  The appropriations made by Sections 1 and 2 of this act shall not be subject to fiscal year limitations and shall be available for encumbrance and expenditure purposes for a period of thirty (30) months from the effective date of this act.
SECTION 9.  This act shall become effective July 1, 2009.
SECTION 10.  It being immediately necessary for the preservation of the public peace, health and 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.
Passed the House of Representatives the 16th day of February, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2009.

	
Presiding Officer of the Senate