Bill Text For SB1096 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            March 6, 2025                              |
 2|                             AS AMENDED                                |
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 3|SENATE BILL NO. 1096                 By: Frix and Coleman of the       |
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  |                                         Tedford of the House          |
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 9|       An Act relating to health benefit plan legislation;             |
  |       defining terms; requiring assignment of certain                 |
10|       legislation to certain committees; requiring analysis           |
  |       of certain legislation by the Insurance Department              |
11|       following certain majority vote; prohibiting                    |
  |       advancement of certain legislation; directing                   |
12|       furnishing of report; specifying report contents;               |
  |       allowing Department to contract with certain third              |
13|       parties for report production; providing for                    |
  |       exceptions to act; limiting amount of reports to be             |
14|       conducted; requiring transmission and publication of            |
  |       report; providing for codification; and providing an            |
15|       effective date.                                                 |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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20|in the Oklahoma Statutes as Section 6013 of Title 36, unless there     |
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21|is created a duplication in numbering, reads as follows:               |
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22|    A.  For the purposes of this act:                                  |
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23|    1.  "Bureau" means the Legislative Service Bureau;                 |
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24|    2.  "Department" means the Insurance Department;                   |
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 1|    3.  "Health benefit plan" means a health benefit plan as defined   |
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 2|pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes;       |
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 3|    4.  "Legislative actuary" means the person who, or firm or         |
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 4|entity that, enters into a contract with the Legislative Service       |
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 5|Bureau pursuant to Section 452.15 of Title 74 of the Oklahoma          |
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 6|Statutes to provide the actuarial services and other duties provided   |
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 7|for in this act; and                                                   |
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 8|    5.  "Mandate" means any bill or joint resolution introduced or     |
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 9|amended by a member or a committee of the Legislature that:            |
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10|         a.    provides, offers, or expands coverage for specific      |
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11|              health care services or providers, treatments, medical   |
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12|              supplies, or populations, or                             |
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13|         b.    implements operational or administrative processes      |
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14|              such as prior authorization, reporting requirements,     |
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15|              or claims procedures related to providing, offering,     |
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16|              or expanding coverage as set forth in subparagraph a     |
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17|              of this paragraph.                                       |
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18|    B.  When a bill providing for a mandate impacting any health       |
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19|benefit plan in this state is introduced, it shall be assigned to      |
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20|the respective Senate or House of Representatives standing committee   |
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21|or subcommittee that is primarily responsible for the consideration    |
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22|of insurance legislation.                                              |
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23|    C.  If a majority of the committee votes in favor of an impact     |
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24|analysis of the bill, an analysis shall be required as provided in     |
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 1|this act.  If a majority of the total membership of such committee     |
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 2|is opposed to the bill or should such bill not receive a hearing in    |
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 3|such committee, no impact analysis shall be necessary.                 |
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 4|    D.  Except as otherwise provided by subsections B and D of         |
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 5|Section 2 of this act, no bill providing for a mandate impacting any   |
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 6|health benefit plan in this state may be reported out of the           |
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 7|committee to which it is assigned or may be considered or adopted by   |
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 8|the House of Representatives or the Senate unless an impact analysis   |
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 9|of the bill is requested in accordance with Section 2 of this act.     |
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10|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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11|in the Oklahoma Statutes as Section 6014 of Title 36, unless there     |
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12|is created a duplication in numbering, reads as follows:               |
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13|    A.  When a committee of the Legislature votes to submit a bill     |
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14|providing for a mandate impacting any health benefit plan in this      |
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15|state for an impact analysis as provided for in Section 1 of this      |
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16|act, the Legislative Service Bureau shall submit the bill to the       |
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17|Insurance Department for the purposes of conducting an impact          |
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18|analysis.                                                              |
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19|    B.  1.  When conducting such impact analysis, the Department       |
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20|shall analyze the proposed mandate and prepare a written report to     |
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21|be returned to the Legislative Service Bureau within sixty (60) days   |
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22|from referral.                                                         |
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23|    2.  Such report shall include, but not be limited to:              |
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24|         a.    social impact, including:                               |
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 1|              (1)   the extent to which the mandate addresses a        |
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 2|                   significant public health issue,                    |
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 3|              (2)   the number of individuals and demographics         |
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 4|                   affected by the proposed mandate, and               |
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 5|              (3)   any anticipated impact on access to health care    |
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 6|                   services,                                           |
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 7|         b.    medical efficacy, including:                            |
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 8|              (1)   a review of peer-reviewed studies, clinical        |
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 9|                   guidelines, and other scientific evidence           |
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10|                   evaluating the effectiveness of the treatment or    |
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11|                   service, and                                        |
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12|              (2)   input from medical experts and professional        |
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13|                   organizations as appropriate, and                   |
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14|         c.    financial impact, including:                            |
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15|              (1)   the estimated effect on insurance premiums for     |
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16|                   consumers and employers,                            |
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17|              (2)   the potential cost implications for insurers,      |
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18|                   health care providers, and state-funded programs    |
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19|                   that provide payment for covered services, and      |
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20|              (3)   any anticipated impact on the stability of the     |
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21|                   state's insurance market.                           |
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22|    3.  The Department may contract with a third-party vendor who      |
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23|specializes in actuarial services, insurance mandate reviews, or       |
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 1|other services as deemed necessary by the Department to implement      |
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 2|the provisions of this act.                                            |
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 3|    4.  The Department may seek the input and expertise of any         |
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 4|agency of this state to evaluate the potential impact to               |
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 5|state-funded programs that provide payment for covered services.       |
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 6|    C.  Any amendment, conference committee report, or other           |
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 7|legislative proposal to a bill providing for a mandate impacting       |
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 8|health benefit plans in this state, which has not been submitted by    |
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 9|the Bureau for analysis following a majority vote of the committee     |
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10|to which the bill is assigned, may, following written request of the   |
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11|chair of the committee to which the bill is assigned or the Majority   |
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12|Floor Leader of the respective chamber of the Legislature, be          |
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13|submitted by the Bureau to the Department for review.                  |
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14|    D.  The Bureau shall not submit more than five (5) referrals for   |
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15|analysis to the Department per fiscal year.  Any additional referral   |
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16|for analysis must be approved by the Department in writing at the      |
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17|discretion of the Insurance Commissioner before submission by the      |
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18|Bureau.                                                                |
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19|    E.  Upon return of the analysis by the Department, the Bureau      |
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20|shall provide a copy by electronic means to the author of the          |
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21|legislative measure, and to the chair of the legislative               |
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22|committee(s) to which the measure is assigned.  The applicable         |
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23|legislative staff shall make such report available on the              |
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24|legislative website.                                                   |
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 1|    SECTION 3.  This act shall become effective November 1, 2025.      |
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 2|COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE               |
  |March 6, 2025 - DO PASS AS AMENDED                                     |
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