1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|SENATE BILL 1017 By: Deevers | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to the state Medicaid program; | | defining terms; allowing coverage of educationally | 8| necessary school-based services; prohibiting certain | | acts by the Oklahoma Health Care Authority; stating | 9| requirements for school-based services; providing for | | codification; providing an effective date; and | 10| declaring an emergency. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 5028.2 of Title 63, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| As used in this section: | | | 18| 1. "Individualized education program" or "IEP" means, in | | | 19|accordance with the Individuals with Disabilities Education Act, a | | | 20|specially designed instruction for the individual child to access | | | 21|classroom instruction and activities to receive a free and | | | 22|appropriate public education (FAPE) in the least restrictive | | | 23|environment for the individual child. The IEP shall contain goals | | | 24|with short term objectives, and each shall have objective means of | | | Req. No. 1462 Page 1 ___________________________________________________________________________
1|measuring. As provided by the Individuals with Disabilities | | | 2|Education Act: | | | 3| a. any related service identified as therapy such as | | | 4| physical therapy, occupational therapy, speech | | | 5| language therapy, behavioral therapy, and | | | 6| psychological therapy is considered medical and | | | 7| therefore shall not be written into the IEP, | | | 8| b. medically necessary related services, accommodations, | | | 9| modifications, and assistive technology shall be | | | 10| attached to the IEP, and | | | 11| c. only medically necessary related services that are | | | 12| educationally necessary for the child to access | | | 13| classroom instruction to make sure the child receives | | | 14| a Free and Appropriate Public Education (FAPE) may be | | | 15| written into the IEP. | | | 16| Related services, medical, assistive technology, modifications, | | | 17|and accommodations shall be attached to the child's Individualized | | | 18|Educational Plan, not written in the IEP; | | | 19| 2. "School-based services" means specially designed instruction | | | 20|and services that are educationally necessary for the eligible | | | 21|student to receive a free and appropriate public education. This | | | 22|excludes medically necessary services that are not included within | | | 23|the definition of "educationally necessary" under the Individuals | | | 24|with Disabilities Education Act, such as non-educational | | | Req. No. 1462 Page 2 ___________________________________________________________________________
1|health-related and rehabilitative services including, but not | | | 2|limited to, health examinations, immunizations, flu vaccines, eye | | | 3|examinations, speech and language therapy, physical therapy, | | | 4|occupational therapy, social work services, and psychological and | | | 5|counseling services. These services are not the responsibility of | | | 6|the Oklahoma K-12 public schools and shall be the responsibility of | | | 7|the parents or guardians to provide for their children off campus | | | 8|and after school hours. | | | 9| B. The state Medicaid program may cover educationally-necessary | | | 10|school-based services in accordance with this section. The Oklahoma | | | 11|Health Care Authority shall not: | | | 12| 1. Define school-based services more broadly than defined under | | | 13|this section or the Individuals with Disabilities Education Act; or | | | 14| 2. Cover school-based health care that is not educationally | | | 15|necessary under this section or the Individuals with Disabilities | | | 16|Education Act. | | | 17| C. School-based services may be provided only by a qualified | | | 18|school provider to a student under twenty-one (21) years of age | | | 19|pursuant to an individualized education program (IEP), in accordance | | | 20|with the Individuals with Disabilities Education Act. Payment may | | | 21|be made only to qualified school providers for delivery of | | | 22|school-based services, provided that such services are educationally | | | 23|necessary to receive a free and appropriate public education, and | | | 24|sufficiently supported by appropriate documentation. | | | Req. No. 1462 Page 3 ___________________________________________________________________________
1| SECTION 2. This act shall become effective July 1, 2025. | | | 2| SECTION 3. It being immediately necessary for the preservation | | | 3|of the public peace, health or safety, an emergency is hereby | | | 4|declared to exist, by reason whereof this act shall take effect and | | | 5|be in full force from and after its passage and approval. | | | 6| | | | 7| 60-1-1462 DC 1/16/2025 3:40:31 PM | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1462 Page 4