Bill Text For SB1555 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 9, 2026                             |
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 3|SENATE BILL NO. 1555                 By: Reinhardt                     |
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 6|       An Act relating to Medicaid home- and community-based           |
  |       services; amending 10 O.S. 2021, Section 1408, which            |
 7|       relates to definitions; modifying certain definition;           |
  |       updating statutory language and references; and                 |
 8|       providing an effective date.                                    |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     AMENDATORY     10 O.S. 2021, Section 1408, is       |
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13|amended to read as follows:                                            |
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14|    Section 1408.  A.  "Individual with intellectual disability" as    |
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15|used in Sections Section 1406 through 1424 et seq. of this title       |
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16|means a person who has significantly subaverage functioning,           |
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17|evidenced by an intelligence quotient (IQ) of less than seventy        |
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18|(70), or between seventy-one (71) and seventy-five (75) accompanied    |
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19|by a verbal or performance IQ score of seventy (70) or below,          |
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20|manifested before the age of eighteen (18) twenty-two (22) years of    |
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21|age and existing concurrently with related limitations in extreme      |
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22|limitation of one or more or marked limitation of two or more of the   |
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23|following applicable adaptive skill areas:                             |
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24|    1.  Communication;                                                 |
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 1|    2.  Self-care;                                                     |
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 2|    3.  Home living;                                                   |
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 3|    4.  Social skills;                                                 |
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 4|    5.  Use of community resources;                                    |
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 5|    6.  Self-direction;                                                |
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 6|    7.  Health and safety;                                             |
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 7|    8.  Functional academics;                                          |
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 8|    9.  Leisure; and                                                   |
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 9|    10.  Work                                                          |
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10|areas of mental functioning, as described in the listing for           |
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11|intellectual disorder in the Social Security Administration Listing    |
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12|of Impairments for disability evaluation:                              |
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13|    1.  Understand, remember, or apply information;                    |
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14|    2.  Interact with others;                                          |
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15|    3.  Concentrate, persist, or maintain pace; or                     |
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16|    4.  Adapt or manage oneself.                                       |
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17|    B.  "Resident" as used in Sections Section 1406 through 1424 et    |
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18|seq. of this title shall mean a person admitted to and in residence    |
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19|in any of the institutions named in Section 1406 of this title, or     |
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20|on a vacation or extended vacation status from such institution.       |
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21|    C.  "Developmental disability" as used in Sections Section 1406    |
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22|through 1424 et seq. of this title means a severe, chronic             |
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23|disability of a person which:                                          |
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 1|    1.  Is attributable to a mental or physical impairment or          |
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 2|combination of mental and physical impairments, such as intellectual   |
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 3|developmental disorder, cerebral palsy, or autism;                     |
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 4|    2.  Is manifested before the person attains twenty-two (22)        |
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 5|years of age;                                                          |
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 6|    3.  Is likely to continue indefinitely;                            |
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 7|    4.  Results in substantial functional limitations in three or      |
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 8|more of the following areas of major life activity:                    |
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 9|         a.   self-care,                                               |
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10|         b.   receptive and expressive language,                       |
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11|         c.   learning,                                                |
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12|         d.   mobility,                                                |
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13|         e.   self-direction,                                          |
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14|         f.   capacity for independent living, and                     |
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15|         g.   economic self-sufficiency; and                           |
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16|    5.  Reflects the person's need for a combination and sequence of   |
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17|special, interdisciplinary, or generic care, treatment, or other       |
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18|services which are of lifelong or extended duration and are            |
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19|individually planned and coordinated.  The term developmental          |
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20|disability shall not include mentally ill incompetent persons, as      |
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21|those persons are defined by Section 1-103 of Title 43A of the         |
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22|Oklahoma Statutes, whose sole disability is mental illness as          |
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23|defined by Section 1-103 of Title 43A of the Oklahoma Statutes.        |
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 1|    D.  Nothing in subsection C of this section shall be construed     |
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 2|to render persons who are receiving services upon September 1, 1991,   |
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 3|through programs and services for individuals with intellectual        |
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 4|disabilities offered by the Department of Human Services as            |
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 5|ineligible for such services.  The Department of Human Services may    |
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 6|provide, within the limitations of funds and other resources           |
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 7|available for such purpose, programs and services for persons with     |
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 8|developmental disabilities who are not presently served by the         |
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 9|Department of Human Services.                                          |
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10|    SECTION 2.  This act shall become effective November 1, 2026.      |
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11|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |February 9, 2026 - DO PASS                                             |
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