Bill Text For HB3367 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 4, 2024                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 3367                        By: McEntire and Deck of the      |
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 5|                                         and                           |
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 6|                                         McCortney of the Senate       |
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10|       An Act relating to poor persons; amending 56 O.S.               |
  |       2021, Section 4002.2, as last amended by Section 1,             |
11|       Chapter 334, O.S.L. 2022 (56 O.S. Supp. 2023, Section           |
  |       4002.2), which relates to ensuring access to Medicaid           |
12|       Act; clarifying definition; and providing an                    |
  |       effective date.                                                 |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     56 O.S. 2021, Section 4002.2, as     |
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18|last amended by Section 1, Chapter 334, O.S.L. 2022 (56 O.S. Supp.     |
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19|2023, Section 4002.2), is amended to read as follows:                  |
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20|    Section 4002.2  As used in the Ensuring Access to Medicaid Act:    |
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21|    1.  "Adverse determination" has the same meaning as provided by    |
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22|Section 6475.3 of Title 36 of the Oklahoma Statutes;                   |
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 1|    2.  "Accountable care organization" means a network of             |
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 2|physicians, hospitals, and other health care providers that provides   |
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 3|coordinated care to Medicaid members;                                  |
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 4|    3.  "Claims denial error rate" means the rate of claims denials    |
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 5|that are overturned on appeal;                                         |
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 6|    4.  "Capitated contract" means a contract between the Oklahoma     |
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 7|Health Care Authority and a contracted entity for delivery of          |
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 8|services to Medicaid members in which the Authority pays a fixed,      |
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 9|per-member-per-month rate based on actuarial calculations;             |
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10|    5.  "Children's Specialty Plan" means a health care plan that      |
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11|covers all Medicaid services other than dental services and is         |
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12|designed to provide care to:                                           |
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13|         a.    children in foster care,                                |
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14|         b.    former foster care children up to twenty-five (25)      |
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15|              years of age,                                            |
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16|         c.    juvenile justice involved children, and                 |
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17|         d.    children receiving adoption assistance,                 |
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18|         e.    children involved in a Family Centered Services (FCS)   |
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19|              case through the Child Welfare Services division of      |
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20|              the Department of Human Services,                        |
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21|         f.    children in the custody of the Department of Human      |
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22|              Services and placed at home under court supervision,     |
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23|         g.    children who are placed at home in a trial              |
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 1|              reunification plan administered by the Department of     |
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 2|              Human Services, and                                      |
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 3|         h.    Medicaid enrolled parents and guardians whose           |
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 4|              children are in a Family Centered Services case, are     |
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 5|              in trial reunification, or are in the custody of the     |
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 6|              Department of Human Services in Foster Care or under     |
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 7|              court supervision;                                       |
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 8|    6.  "Clean claim" means a properly completed billing form with     |
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 9|Current Procedural Terminology, 4th Edition or a more recent           |
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10|edition, the Tenth Revision of the International Classification of     |
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11|Diseases coding or a more recent revision, or Healthcare Common        |
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12|Procedure Coding System coding where applicable that contains          |
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13|information specifically required in the Provider Billing and          |
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14|Procedure Manual of the Oklahoma Health Care Authority, as defined     |
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15|in 42 C.F.R., Section 447.45(b);                                       |
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16|    7.  "Commercial plan" means an organization or entity that         |
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17|undertakes to provide or arrange for the delivery of health care       |
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18|services to Medicaid members on a prepaid basis and is subject to      |
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19|all applicable federal and state laws and regulations;                 |
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20|    8.  "Contracted entity" means an organization or entity that       |
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21|enters into or will enter into a capitated contract with the           |
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22|Oklahoma Health Care Authority for the delivery of services            |
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23|specified in the Ensuring Access to Medicaid Act that will assume      |
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24|financial risk, operational accountability, and statewide or           |
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 1|regional functionality as defined in the Ensuring Access to Medicaid   |
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 2|Act in managing comprehensive health outcomes of Medicaid members.     |
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 3|For purposes of the Ensuring Access to Medicaid Act, the term          |
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 4|contracted entity includes an accountable care organization, a         |
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 5|provider-led entity, a commercial plan, a dental benefit manager, or   |
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 6|any other entity as determined by the Authority;                       |
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 7|    9.  "Dental benefit manager" means an entity that handles claims   |
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 8|payment and prior authorizations and coordinates dental care with      |
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 9|participating providers and Medicaid members;                          |
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10|    10.  "Essential community provider" means:                         |
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11|         a.    a Federally Qualified Health Center,                    |
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12|         b.    a community mental health center,                       |
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13|         c.    an Indian Health Care Provider,                         |
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14|         d.    a rural health clinic,                                  |
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15|         e.    a state-operated mental health hospital,                |
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16|         f.    a long-term care hospital serving children (LTCH-C),    |
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17|         g.    a teaching hospital owned, jointly owned, or            |
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18|              affiliated with and designated by the University         |
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19|              Hospitals Authority, University Hospitals Trust,         |
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20|              Oklahoma State University Medical Authority, or          |
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21|              Oklahoma State University Medical Trust,                 |
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22|         h.    a provider employed by or contracted with, or           |
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23|              otherwise a member of the faculty practice plan of:      |
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 1|              (1)   a public, accredited medical school in this        |
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 2|                   state, or                                           |
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 3|              (2)   a hospital or health care entity directly or       |
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 4|                   indirectly owned or operated by the University      |
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 5|                   Hospitals Trust or the Oklahoma State University    |
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 6|                   Medical Trust,                                      |
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 7|         i.    a county department of health or city-county health     |
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 8|              department,                                              |
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 9|         j.    a comprehensive community addiction recovery center,    |
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10|         k.    a hospital licensed by the State of Oklahoma            |
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11|              including all hospitals participating in the             |
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12|              Supplemental Hospital Offset Payment Program,            |
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13|         l.    a Certified Community Behavioral Health Clinic          |
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14|              (CCBHC),                                                 |
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15|         m.    a provider employed by or contracted with a primary     |
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16|              care residency program accredited by the Accreditation   |
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17|              Council for Graduate Medical Education,                  |
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18|         n.    any additional Medicaid provider as approved by the     |
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19|              Authority if the provider either offers services that    |
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20|              are not available from any other provider within a       |
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21|              reasonable access standard or provides a substantial     |
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22|              share of the total units of a particular service         |
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23|              utilized by Medicaid members within the region during    |
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24|              the last three (3) years, and the combined capacity of   |
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 1|              other service providers in the region is insufficient    |
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 2|              to meet the total needs of the Medicaid members,         |
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 3|         o.    a pharmacy or pharmacist, or                            |
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 4|         p.    any provider not otherwise mentioned in this            |
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 5|              paragraph that meets the definition of "essential        |
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 6|              community provider" under 45 C.F.R., Section 156.235;    |
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 7|    11.  "Material change" includes, but is not limited to, any        |
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 8|change in overall business operations such as policy, process or       |
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 9|protocol which affects, or can reasonably be expected to affect,       |
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10|more than five percent (5%) of enrollees or participating providers    |
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11|of the contracted entity;                                              |
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12|    12.  "Governing body" means a group of individuals appointed by    |
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13|the contracted entity who approve policies, operations, profit/loss    |
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14|ratios, executive employment decisions, and who have overall           |
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15|responsibility for the operations of the contracted entity of which    |
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16|they are appointed;                                                    |
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17|    13.  "Local Oklahoma provider organization" means any state        |
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18|provider association, accountable care organization, Certified         |
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19|Community Behavioral Health Clinic, Federally Qualified Health         |
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20|Center, Native American tribe or tribal association, hospital or       |
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21|health system, academic medical institution, currently practicing      |
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22|licensed provider, or other local Oklahoma provider organization as    |
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23|approved by the Authority;                                             |
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 1|    14.  "Medical necessity" has the same meaning as provided by       |
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 2|rules promulgated by the Oklahoma Health Care Authority Board;         |
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 3|    15.  "Participating provider" means a provider who has a           |
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 4|contract with or is employed by a contracted entity to provide         |
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 5|services to Medicaid members as authorized by the Ensuring Access to   |
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 6|Medicaid Act;                                                          |
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 7|    16.  "Provider" means a health care or dental provider licensed    |
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 8|or certified in this state or a provider that meets the Authority's    |
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 9|provider enrollment criteria to contract with the Authority as a       |
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10|SoonerCare provider;                                                   |
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11|    17.  "Provider-led entity" means an organization or entity that    |
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12|meets the criteria of at least one of the following two                |
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13|subparagraphs:                                                         |
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14|         a.    a majority of the entity's ownership is held by         |
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15|              Medicaid providers in this state or is held by an        |
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16|              entity that directly or indirectly owns or is under      |
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17|              common ownership with Medicaid providers in this         |
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18|              state, or                                                |
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19|         b.    a majority of the entity's governing body is composed   |
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20|              of individuals who:                                      |
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21|              (1)   have experience serving Medicaid members and:      |
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22|                   (a)   are licensed in this state as physicians,     |
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23|                        physician assistants, nurse practitioners,     |
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 1|                        certified nurse-midwives, or certified         |
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 2|                        registered nurse anesthetists,                 |
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 3|                   (b)   at least one board member is a licensed       |
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 4|                        behavioral health provider, or                 |
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 5|                   (c)   are employed by:                              |
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 6|                        i.    a hospital or other medical facility     |
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 7|                             licensed by this state and operating in   |
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 8|                             this state, or                            |
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 9|                        ii.   an inpatient or outpatient mental        |
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10|                             health or substance abuse treatment       |
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11|                             facility or program licensed or           |
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12|                             certified by this state and operating     |
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13|                             in this state,                            |
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14|              (2)   represent the providers or facilities described    |
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15|                   in division (1) of this subparagraph including,     |
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16|                   but not limited to, individuals who are employed    |
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17|                   by a statewide provider association, or             |
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18|              (3)   are nonclinical administrators of clinical         |
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19|                   practices serving Medicaid members;                 |
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20|    18.  "Statewide" means all counties of this state including the    |
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21|urban region; and                                                      |
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22|    19.  "Urban region" means:                                         |
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 1|         a.    all counties of this state with a county population     |
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 2|              of not less than five hundred thousand (500,000)         |
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 3|              according to the latest Federal Decennial Census, and    |
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 4|         b.    all counties that are contiguous to the counties        |
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 5|              described in subparagraph a of this paragraph,           |
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 6|combined into one region.                                              |
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 7|    SECTION 2.  This act shall become effective November 1, 2024.      |
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 8|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |April 4, 2024 - DO PASS                                                |
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