Oklahoma § 63-5052 - Opportunity for hearing before Authority - Record Review by Administrator - Judicial review

§ 63-5052. Opportunity for hearing before Authority - Record Review by Administrator - Judicial review

A. Any applicant or recipient, adversely affected by a decision

of the Oklahoma Health Care Authority on benefits or services

provided pursuant to the provisions of this title, shall be afforded

an opportunity for a hearing pursuant to the provisions of

subsection B of this section after such applicant or recipient has

been notified of the adverse decision of the Authority.

B. 1. Upon timely receipt of a request for a hearing as

specified in the notice of adverse decision and exhaustion of other

available administrative remedies, the Authority shall hold a

hearing pursuant to the provisions of rules promulgated by the

Oklahoma Health Care Authority Board pursuant to this section.

2. The record of the hearing shall include, but shall not be

limited to:

a.

all pleadings, motions and intermediate rulings,

b.

evidence received or considered,

c.

any decision, opinion or report by the officer

presiding at the hearing, and

d.

all staff memoranda or data submitted to the hearing

officer or members of the agency in connection with

their consideration of the case.

3. Oral proceedings shall be electronically recorded by the

Authority. Any party may request a copy of the tape recording of

such person's administrative hearing or may request a transcription

of the tape recording to comply with any federal or state law.

C. Any decision of the Authority after such a hearing pursuant

to subsection B of this section shall be subject to review by the

Administrator of the Oklahoma Health Care Authority or designated

administrative law judge upon a timely request for review by the

applicant or recipient. The Administrator may only designate an

administrative law judge at another state agency, as established in

the State Medicaid Plan and approved by the Centers for Medicare and

Medicaid Services. The Administrator or designated administrative

law judge shall issue a decision after review. A hearing decision

of the Authority shall be final and binding unless a review is

requested pursuant to the provisions of this subsection. The

decision of the Administrator or designated administrative law judge

may be appealed to the district court in which the applicant or

recipient resides within thirty (30) days of the date of the

decision of the Administrator or designated administrative law judge

as provided by the provisions of subsection D of this section.

Oklahoma Statutes - Title 63. Public Health and Safety

D. Any applicant or recipient under this title who is aggrieved

by a decision of the Administrator or designated administrative law

judge rendered pursuant to this section may petition the district

court in which the applicant or recipient resides for a judicial

review of the decision pursuant to the provisions of Sections 318

through 323 of Title 75 of the Oklahoma Statutes. A copy of the

petition shall be served by mail upon the general counsel of the

Authority.

Added by Laws 1997, c. 137, § 1, emerg. eff. April 22, 1997.

Amended by Laws 2021, c. 562, § 1, eff. Nov. 1, 2021.