SECTION 317:45-11-20. Insure Oklahoma IP eligibility requirements  


Latest version.
  • (a)   Oklahoma employed working adults not eligible to participate in an employer's qualified benefit plan, employees of non-participating employers, self-employed, unemployed seeking work, workers with a disability, and qualified college students may apply for the Individual Plan. Applicants, unless a qualified college student, must be: considered "employed" in accordance with State law, including, but not limited to, Title 40 O.S. § 1-210; engaged in routine, for-profit activity, if self-employed; or considered "unemployed" in accordance with State law, including, but not limited to Title 40 O.S. § 1-217. Applicants cannot obtain IP coverage if they are eligible for ESI.
    (b)   The eligibility determination will be processed within thirty (30) days from the date the complete application is received. The applicant will be notified of the eligibility decision.
    (c)   In order to be eligible for the IP, the applicant must:
    (1)   choose a valid PCP according to the guidelines listed in OAC 317:45-11-22, at the time he/she completes application;
    (2)   be a US citizen or alien as described in OAC 317:35-5-25;
    (3)   be an Oklahoma resident;
    (4)   furnish, or show documentation of an application for, a Social Security number at the time of application for Insure Oklahoma IP benefits;
    (5)   be not currently enrolled in, or have an open application for SoonerCare or Medicare;
    (6)   be age 19 through 64;
    (7)   make premium payments by the due date on the invoice;
    (8)   not have full-time employment with any employer who does not meet the eligible employer guidelines listed in OAC 317:45-7-1(a) (1)-(2);
    (9)   be not currently covered by a private insurance policy or plan; and
    (10)   provide in a timely manner any and all documentation that is requested by the Insure Oklahoma program by the specified due date.
    (d)   If employed and working for an approved Insure Oklahoma employer who offers a qualified benefit plan, the applicant must meet the requirements in subsection (c) of this Section and:
    (1)   have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma IP Income Guidelines form.
    (A)   Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits is determined using the MAGI methodology. Unless questionable, the income of applicants do not require verification. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income.
    (B)   Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma IP Benefits;
    (2)   be ineligible for participation in their employer's qualified benefit plan due to number of hours worked.
    (e)   If employed and working for an employer who does not offer a qualified benefit plan, the applicant must meet the requirements in subsection (c) of this Section and have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma IP Income Guidelines form.
    (1)   Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits is determined using the MAGI methodology. Unless questionable, the income of applicants does not require verification. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income.
    (2)   Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma IP Benefits.
    (f)   If self-employed, the applicant must meet the requirements in subsection (c) of this Section and:
    (1)   have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma IP Income Guidelines form.
    (A)   Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits is determined using the MAGI methodology. Unless questionable, the income of applicants does not require verification. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income.
    (B)   Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma IP Benefits.
    (2)   must not have full-time employment with any employer who does not meet the eligible employer guidelines listed in OAC 317:45-7-1(a)(1)-(2).
    (3)   must verify self-employment by completing and submitting to Insure Oklahoma the Self-Employment Attestation Form. In addition,
    (A)   for any applicant who filed a Federal tax return for the tax year immediately preceding the date of application, he or she must provide a copy of such tax return with all supporting schedules and forms, or
    (B)   for any applicant exempt from filing a Federal tax return for the previous tax year in accordance with Federal law, including, but not limited to, 26 Code of Federal Regulation, Section 1.6017-1, he or she must submit a completed 12-Month Profit and Loss Worksheet to Insure Oklahoma, as well as any other information requested by Insure Oklahoma that could reasonably be used to substantiate the applicant's regular, for-profit business activity.
    (g)   If unemployed seeking work, the applicant must meet the requirements in subsection(c) of this Section and the following:
    (1)   Applicants must have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma IP Income Guidelines form.
    (2)   Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits is determined using the MAGI methodology. Unless questionable, the income of applicants does not require verification. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income.
    (3)   Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma IP Benefits. Applicant must verify eligibility by providing a most recent copy of their monetary OESC determination letter and a most recent copy of at least one of the following:
    (A)   A OESC eligibility letter;
    (B)   A OESC weekly unemployment payment statement, or;
    (C)   A bank statement showing state treasurer deposit.
    (h)   If working with a disability, the applicant must meet the requirements in subsection (c) of this Section and the following:
    (1)   Applicants must have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma IP Income Guidelines form.
    (2)   Applicants may need to verify eligibility of their enrollment in the Ticket to Work program.
    (3)   Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits is determined using the MAGI methodology. Unless questionable, the income of applicants does not require verification. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income.
    (4)   Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma IP Benefits.
    (i)   IP approved individuals must notify the OHCA of any changes, including household status and income, that might impact individual and/or dependent eligibility in the program within 10 days of the change.
    (j)   When the agency responsible for determining eligibility for the member becomes aware of a change in the member's circumstances, the agency will promptly redetermine eligibility for all household members whose eligibility is affected by the change.
    (k)   College students may enroll in the Insure Oklahoma IP program as dependents. Effective January 1, 2016, financial eligibility for Insure Oklahoma IP benefits for college students is determined using the MAGI methodology. See OAC 317:35-6-39 through OAC 317:35-6-54 for the applicable MAGI rules for determining household composition and countable income. Dependent college students must enroll under their parents and all annual gross household income (including parent income) must be included in determining eligibility. Independent college students may apply on their own without parent income included in the household. College student status as dependent or independent is determined by the student's current Free Application for Federal Student Aid (FAFSA) or the university's financial aid office. College students must also provide a copy of their current student schedule to prove full-time student status.
    (l)   Any misleading or false representation, or omission of any material fact or information required or requested by OHCA as part of the Insure Oklahoma application process, may result in, among other things, closure of eligibility pursuant to OAC 317:45-11-27.
[Source: Added at 24 Ok Reg 101, eff 8-2-06 (emergency); Added at 24 Ok Reg 700, eff 2-1-07 (emergency); Added at 24 Ok Reg 2160, eff 6-25-07; Amended at 25 Ok Reg 169, eff 11-1-07 (emergency); Amended at 25 Ok Reg 1289, eff 5-25-08; Amended at 26 Ok Reg 2169, eff 6-25-09; Amended at 26 Ok Reg 1784, eff 7-1-09 (emergency); Amended at 27 Ok Reg 727, eff 2-4-10 (emergency); Amended at 27 Ok Reg 1528, eff 6-11-10; Amended at 27 Ok Reg 2391, eff 7-1-10 (emergency); Amended at 28 Ok Reg 1574, eff 6-25-11; Amended at 31 Ok Reg 147, eff 10-15-13 (emergency); Amended at 31 Ok Reg 1751, eff 9-12-14; Amended at 32 Ok Reg 1183, eff 8-27-15; Amended at 33 Ok Reg 916, eff 9-1-16; Amended at 34 Ok Reg 760, eff 9-1-17; Amended at 35 Ok Reg 205, eff 11-7-17 (emergency); Amended at 35 Ok Reg 1503, eff 9-14-18]