SECTION 317:30-3-5. Assignment and cost sharing

(a)   Definitions. The following words and terms, when used in subsection (c) of this Section, shall have the following meaning, unless the context clearly indicates otherwise:

(1)   "Fee-for-service contract" means the provider agreement specified in Oklahoma Administrative Code (OAC) 317:30-3-2. This contract is the contract between the Oklahoma Health Care Authority (OHCA) and medical providers which provides for a fee with a specified service involved.

(2)   "Within the scope of services" means the set of covered services defined at OAC 317:25-7 and the provisions of the SoonerCare Choice contracts in the SoonerCare program.

(3)   "Outside of the scope of the services" means all medical benefits outside the set of services defined at OAC 317:25-7 and the provisions of the SoonerCare Choice contracts in the SoonerCare program.

(b)   Assignment in fee-for-service. Oklahoma's Medicaid State Plan provides that participation in the medical program is limited to providers who accept, as payment in full, the amounts paid by OHCA plus any deductible, coinsurance, or co-payment required by the State Plan to be paid by the member and make no additional charges to the member or others.

(1)   OHCA presumes acceptance of assignment upon receipt of an assigned claim. This assignment, once made, cannot be rescinded, in whole or in part by one party, without the consent of the other party.

(2)   Once an assigned claim has been filed, the member must not be billed and the member is not responsible for any balance except the amount indicated by OHCA. The only amount a member may be responsible for is a co-payment, or the member may be responsible for services not covered under the medical programs. In any event, the member should not be billed for charges on an assigned claim until the claim has been adjudicated or other notice of action received by the provider. Any questions regarding amounts paid should be directed to OHCA, Provider Services.

(3)   When potential assignment violations are detected, the OHCA will contact the provider to assure that all provisions of the assignment agreement are understood. When there are repeated or uncorrected violations of the assignment agreement, the OHCA is required to suspend further payment to the provider.

(c)   Assignment in SoonerCare. Any provider who holds a fee-for-service contract and also executes a contract with a provider in the SoonerCare Choice program must adhere to the rules of this subsection regarding assignment.

(1)   If the service provided to the member is outside of the scope of the services outlined in the SoonerCare contract, then the provider may bill or seek collection from the member.

(2)   In the event there is a disagreement whether the services are in or out of the scope of the contracts referenced in (1) of this subsection, the OHCA shall be the final authority for this decision.

(3)   Violation of this provision shall be grounds for a contract termination in the fee-for-service and SoonerCare programs.

(d)   Cost sharing/co-payment. Section 1902(a)(14) of the Social Security Act permits states to require certain members to share some of the costs of SoonerCare by imposing upon them such payments as enrollment fees, premiums, deductibles, coinsurance, co-payments, or similar cost sharing charges. OHCA requires a co-payment of some SoonerCare members for certain medical services provided through the fee-for-service program. A co-payment is a charge which must be paid by the member to the service provider when the service is covered by SoonerCare. Section 1916(e) of the Act requires that a provider participating in the SoonerCare program may not deny care or services to an eligible individual based on such individual's inability to pay the co-payment. A person's assertion of their inability to pay the co-payment establishes this inability. This rule does not change the fact that a member is liable for these charges, and it does not preclude the provider from attempting to collect the co-payment.

(1)   Co-payment is not required of the following members:

(A)   Individuals under age twenty-one (21). Each member's date of birth is available on the REVS system or through a commercial swipe card system.

(B)   Members in nursing facilities (NF) and intermediate care facilities for individuals with intellectual disabilities (ICF/IID).

(C)   Home and Community-Based Services (HCBS) waiver members except for prescription drugs.

(D)   American Indian and Alaska Native members, per Section 5006 of the American Recovery and Reinvestment Act of 2009 and as established in the federally-approved Oklahoma Medicaid State Plan.

(E)   Individuals who are categorically eligible for SoonerCare through the Breast and Cervical Cancer Treatment program.

(F)   Individuals receiving hospice care, as defined in section 1905(o) of the Social Security Act.

(2)   Co-payment is not required for the following services:

(A)   Family planning services. This includes all contraceptives and services rendered.

(B)   Emergency services provided in a hospital, clinic, office, or other facility.

(C)   Services furnished to pregnant women, if those services relate to the pregnancy or to any other medical condition which may complicate the pregnancy, including prenatal vitamins.

(D)   Smoking and tobacco cessation counseling and products.

(E)   Blood glucose testing supplies and insulin syringes.

(F)   Medication-assisted treatment (MAT) drugs.

(3)   Co-payments are required in an amount not to exceed the federal allowable for the following:

(A)   Inpatient hospital stays.

(B)   Outpatient hospital visits.

(C)   Ambulatory surgery visits including free-standing ambulatory surgery centers.

(D)   Encounters with the following rendering providers:

(i)   Physicians;

(ii)   Advanced practice registered nurses;

(iii)   Physician assistants;

(iv)   Optometrists;

(v)   Home health agencies;

(vi)   Certified registered nurse anesthetists;

(vii)   Anesthesiologist assistants;

(viii)   Durable medical equipment providers; and

(ix)   Outpatient behavioral health providers.

(E)   Prescription drugs.

(F)   Crossover claims. Dually eligible Medicare/SoonerCare members must make a co-payment in an amount that does not exceed the federal allowable per visit/encounter for all Part B covered services. This does not include dually eligible HCBS waiver members.

(4)   Medicaid premiums and cost sharing incurred by all individuals in the Medicaid household may not exceed an aggregate limit of five percent (5%) of the family's income applied on a monthly basis, as specified by the agency.

[Source: Added at 12 Ok Reg 751, eff 1-5-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3131, eff 7-27-95; Amended at 14 Ok Reg 3731, eff 9-18-97 (emergency); Amended at 15 Ok Reg 1528, eff 5-11-98; Amended at 16 Ok Reg 685, eff 12-28-98 (emergency); Amended at 16 Ok Reg 1429, eff 5-27-99; Amended at 16 Ok Reg 3413, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1204, eff 5-11-00; Amended at 19 Ok Reg 532, eff 12-27-01 (emergency); Amended at 19 Ok Reg 2124, eff 6-27-02; Amended at 20 Ok Reg 374, eff 1-1-03 (emergency); Amended at 20 Ok Reg 1920, eff 6-26-03; Amended at 21 Ok Reg 2166, eff 6-25-04; Amended at 23 Ok Reg 239, eff 10-3-05 (emergency); Added at 23 Ok Reg 1346, eff 5-25-06; Amended at 27 Ok Reg 612, eff 1-14-10 (emergency); Amended at 27 Ok Reg 1427, eff 6-11-10; Amended at 28 Ok Reg 9, eff 8-13-10 (emergency); Amended at 28 Ok Reg 1405, eff 6-25-11; Amended at 29 Ok Reg 472, eff 5-11-12; Amended at 31 Ok Reg 646, eff 7-1-14 (emergency); Amended at 32 Ok Reg 1023, eff 8-27-15; Amended at 34 Ok Reg 610, eff 9-1-17; Amended at 37 Ok Reg 510, eff 1-6-20 (emergency); Amended at 37 Ok Reg 1479, eff 9-14-20]