ENGROSSED SENATE
BILL NO. 839 	By:	Leftwich and Johnson (Constance) of the Senate

			and

		Derby of the House

[ insurance - orally administered anticancer medications – definitions – Medical Care for the Uninsured Revolving Fund – codification - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6060.9a of Title 36, unless there is created a duplication in numbering, reads as follows:
Any individual or group health benefit plan, including the State and Education Employees Group Health Insurance Plan, that provides coverage for cancer chemotherapy treatment and that is offered, issued, or renewed in this state on or after January 1, 2010, shall provide coverage for a prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected cancer medications that are covered as medical benefits.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7100 of Title 36, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this section:
1.  “Health care provider” means any person or entity who is licensed, certified, or otherwise authorized by the law of this state to administer or offer health care in the ordinary course of business or practice of a profession; and
2.  “Medical services” means any care, service or treatment of illness or dysfunction of, or injury to, the human body including, but not limited to, physician care, inpatient care, hospital surgical services, emergency services, ambulance services, dental care services, vision care services, mental health services, substance abuse services, chiropractic services, podiatric care services, laboratory services, and medical equipment and supplies.
B.  The Oklahoma Health Care Authority shall establish and maintain a program by which the Authority will serve as administrator and collector for all charges for medical services for uninsured persons in the state.
C.  Health care providers shall file all charges for medical services for uninsured persons through the Authority.
D.  The Authority shall collect such charges from uninsured persons, provided, however, that the Authority has the authority to override any inappropriate charge for a medical service and direct such health care provider to charge a more appropriate fee to be determined by the Authority.
E.  After the Authority has collected any or all charges for a medical service from an uninsured person, the Authority shall submit such payment to the health care provider.  The Authority is authorized to keep a portion of the collection to cover administrative costs.
F.  Nothing in this section shall be construed to mean that the Authority is responsible for reimbursement of any unpaid charges for medical services.
G.  The Oklahoma Health Care Authority Board shall promulgate rules as necessary to implement the provisions of this act.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7100.1 of Title 36, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the Oklahoma Health Care Authority to be designated the “Medical Care for the Uninsured Revolving Fund”.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by the Oklahoma Health Care Authority from state and federal funds.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Health Care Authority for the purpose of serving as administrator and collector for all charges for medical services for uninsured persons in the state.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
SECTION 4.  This act shall become effective November 1, 2009.
Passed the Senate the 11th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives