ENGROSSED HOUSE
BILL NO. 2440	By:	Miller and Martin (Scott) of the House

			and

		Johnson (Mike) and Myers
		of the Senate

( State Department of Health - appropriation - effective date – 		emergency )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.  There is hereby appropriated to the State Department of Health from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2011, the sum of ____________ Dollars ($0.00) or so much thereof as may be necessary to perform the duties imposed upon the State Department of Health by law.
SECTION 2.  The State Department of Health is hereby authorized to expend from the American Recovery and Reinvestment Act Fund (“490 Fund”), the sum of ____________ Dollars ($0.00) or so much thereof as may be necessary to perform the duties imposed upon the State Department of Health by law.
SECTION 3.  For the fiscal year ending June 30, 2011, the State Department of Health shall budget all funds in the following categories and amounts:
Category	Appropriation	Total
Support Services			$0.00				$0.00
Disease and Prevention
 Services					 0.00				 0.00
Family Health				 0.00				 0.00
Community Health
   Services				 0.00				 0.00
Protective Health
   Services				 0.00				 0.00
   TOTAL					$0.00				$0.00
Receipt and expenditures of unanticipated federal funds awarded to the State Department of Health after July 1, 2010, shall be exempt from expenditure and budgetary limitations, provided that any such funds used for operations shall be included in the agency's budget work program.
SECTION 4.  The duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the State Department of Health by law shall be set by the State Commissioner of Health.  The salary of the State Commissioner of Health shall not exceed ____________ Dollars ($0.00) per annum, payable monthly for the fiscal year ending June 30, 2011.  The State Department of Health is authorized, provided that the Commissioner of Health possesses a Doctor of Medicine Degree or a Doctor of Osteopathy Degree and a license to practice medicine in this state, to pay the professional expenses of the Commissioner of Health, including dues, licenses, professional memberships, continuing medical education classes conducted in the State of Oklahoma, and medical malpractice insurance.  The State Department of Health for the fiscal year ending June 30, 2011, 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
SECTION 5.  Of the ____________ full-time-equivalent employees authorized in Section 4 of this act, ____________ shall be employed to provide services under the provisions of the Oklahoma Early Intervention Act.
SECTION 6.     TRANSFER     The State Department of Health shall transfer the sum of ____________ Dollars ($0.00) from the funds appropriated in Section 1 of this act to the Child Abuse Prevention Fund established pursuant to Section 1-227.8 of Title 63 of the Oklahoma Statutes, to be expended in accordance with law.
SECTION 7.     TRANSFER     The State Department of Health shall transfer the sum of ____________ Dollars ($0.00) from the funds appropriated in Section 1 of this act to the Dental Loan Repayment Revolving Fund established pursuant to Section 1-2714 of Title 63 of the Oklahoma Statutes, to be expended in accordance with law.
SECTION 8.     TRANSFER     The State Department of Health shall transfer the sum of ____________ Dollars ($0.00) from the funds appropriated in Section 1 of this act to the Kidney Health Revolving Fund established pursuant to Section 1-2603 of Title 63 of the Oklahoma Statutes, to be expended in accordance with law.
SECTION 9.     TRANSFER     The State Department of Health shall transfer the sum of ____________ Dollars ($0.00) from the funds appropriated in Section 1 of this act to the Alternatives-to-Abortion Services Revolving Fund established pursuant to Section 1-740.12 of Title 63 of the Oklahoma Statutes, to be expended in accordance with law.
SECTION 10.     TRANSFER     The State Department of Health shall transfer the sum of ____________ Dollars ($0.00) from the funds appropriated in Section 1 of this act to the Oklahoma Institute for Disaster and Emergency Medicine Revolving Fund established pursuant to Section 1-2523 of Title 63 of the Oklahoma Statutes, to be expended in accordance with law.
SECTION 11.  From the funds appropriated to the State Department of Health in Section 1 of this act, the following categories and amounts shall be expended:
Contractual services of the Oklahoma Institute for Child Advocacy	$0.00
Contractual services of Dental for the Disabled and Elderly in Need of Treatment (D-DENT)	0.00
Contractual services of the Hearts for Hearing Foundation	0.00
Contractual services of the College of Osteopathic Medicine of Oklahoma State University for the Area Health Education Centers Campaign	0.00
Contractual services of the Alzheimer’s Association, Oklahoma Chapter	0.00
Contractual services of the University of Oklahoma Health Sciences Center, Department of Pathology	0.00
Contractual services for the University of Oklahoma Health Sciences Center Pediatric Endocrinology Department	0.00
Contractual services of the North Tulsa Heritage Foundation, Incorporated	0.00
Contractual services of the Greenwood Educational and Cultural Center	0.00
Contractual services of the Oklahoma Dental Foundation	0.00
Contractual services of the College of Osteopathic Medicine of Oklahoma State University	   0.00
TOTAL	$0.00
SECTION 12.  From the funds appropriated to the State Department of Health in Section 1 of this act, the State Department of Health shall, pursuant to the existing contract, continue contracted services with Emergency Medical Services Authority (EMSA) for operation of a trauma transfer and referral center.  Prior to completion, termination, or cancellation date of existing contract, the State Department of Health may request competitive bids for such service and award to successful bidder.  Any funds remaining from the Emergency Medical Services Authority (EMSA) contract shall be transferred to the selected provider contract.  The State Department of Health shall work towards minimizing interruption of services during any contract transitions.
SECTION 13.  From the funds appropriated to the State Department of Health in Section 1 of this act, the amount of ____________ Dollars ($0.00) shall be used for providing perinatal, women's and children's services for low-income persons statewide.
Direct services for maternal and child health and to encourage early entry of high-risk clients into the health care system	$0.00
Contractual services with the Perinatal Continuing Education Program within the Department of Obstetrics and Gynecology of the University of Oklahoma College of Medicine	$0.00
SECTION 14.  A.  From the funds appropriated to the State Department of Health in Section 1 of this act, ____________ Dollars ($0.00) shall be expended in the following manner.  It is the intent of the Legislature that the amount of ____________ Dollars ($0.00) shall be disbursed to health centers authorized under Section 330 of the Public Health Services Act, and incorporated in the State of Oklahoma.  Any disbursement shall be solely for the reimbursement of uncompensated care costs associated with the delivery of primary health care to uninsured patients as regulated by 42 CFR, Chapter 1, Part 51c and all applicable current and future subparts and sections.  Any disbursement shall be supported by data contained within the annually submitted Federal Uniform Data System Report and supporting documentation as specified by the State Department of Health within the contract.  The methodology for disbursement shall be developed by the Primary Care Office within the Community Health Development Service of the State Department of Health with the approval of the Commissioner of Health.  The State Board of Health is authorized to promulgate the methodology into rules.  The amount of ____________ Dollars ($0.00) shall be expended as follows: the State Department of Health, Office of Primary Care and Rural Health Development within the Community Health Development Service, for the following purpose: Implement the Charitable Health Care Provider Initiative as specified in Section 152.2 of Title 51 of the Oklahoma Statutes; and contracts to assist with the continued expansion of Section 330 health centers and/or organizations meeting the requirements of Section 330 health centers and designated as Federally Qualified Health Centers (FQHCs), as defined by 42 U.S.C., Section 1396d(l)(2)(B) including:
1.  Contracts and related costs for the provision of Charitable Health Care Providers, as defined under the provisions of Section 152.2 of Title 51 Of the Oklahoma Statutes; 
2.  Contracts to provide for community needs assessment, strategic planning, and/or community development prior to Section 330 grant development or FQHC Look-Alike application development;
3.  Contracts to provide for grant application development to assist communities in application submission for federal funding or FQHC Look-Alike application development in submission for FQHC Look-Alike designation to establish and/or expand health center services;
4.	Contracts to assist Section 330 health centers in the development of grant applications to increase the availability or efficiency of health center services; or
5.  Contracts for specified technical assistance to Section 330 federally granted health centers having received their initial federal awards after July 1, 2009. 
B.  The State Department of Health is authorized to accept donations of land, property, buildings, equipment and gifts of money or other objects of value for the purpose of establishing or expanding Federally Qualified Health Centers.
C.  The State Department of Health is authorized to utilize grant funds, donations and other funds made available to the Department for the purpose of establishing or expanding Federally Qualified Health Centers, to the extent funds are available.
SECTION 15.  From the funds appropriated to the State Department of Health in Section 1 of this act, ____________ Dollars ($0.00) shall be expended by reimbursement contract to Eastern Oklahoma Donated Dental Services (EODDS).  It is the intent of the Legislature that Eastern Oklahoma Donated Dental Services shall be the contracted provider of donated dental services in Tulsa and Rogers Counties.
SECTION 16.  It is the intent of the Legislature that the Children First Program shall comply with the uniform components of the State Plan for the Prevention of Child Abuse.  The State Department of Health shall contract with a university-related program for a performance-based evaluation of programs.  Program sites shall fully cooperate and comply with the evaluation process and sites shall provide weekly caseload and referral information to the State Department of Health.
An annual progress and evaluation report on the Children First Program shall be delivered to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor.
SECTION 17.  Appropriations made by this act, not including appropriations made for capital outlay purposes, may be budgeted for the fiscal year ending June 30, 2011 (hereafter FY-11) or may be budgeted for the fiscal year ending June 30, 2012 (hereafter FY-12).  Funds budgeted for FY-11 may be encumbered only through June 30, 2011, and must be expended by November 15, 2011.  Any funds remaining after November 15, 2011, and not budgeted for FY-12, shall lapse to the credit of the proper fund for the then current fiscal year.  Funds budgeted for FY-12 may be encumbered only through June 30, 2012.  Any funds remaining after November 15, 2012, shall lapse to the credit of the proper fund for the then current fiscal year.  These appropriations may not be budgeted in both fiscal years simultaneously.  Funds budgeted in FY-11, and not required to pay obligations for that fiscal year, may be budgeted for FY-12, after the agency to which the funds have been appropriated has prepared and submitted a budget work program revision removing these funds from the FY-11 budget work program and after such revision has been approved by the Office of State Finance.
SECTION 18.  This act shall become effective July 1, 2010.
SECTION 19.  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 3rd day of February, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate