Oklahoma Legislature Approves $1.9 Million for the Waiting List
A big shout out and thank you to Oklahoma Legislature for your unanimous “YES” vote and commitment to ending the Waiting List in Oklahoma, even in the midst of the Covid-19 pandemic. A special thank you to Waiting List co-chairs, Jon Echols and Cyndi Ann Munson!
And, another big thank you to DHS, DDS and our Waiting List advocates who have worked tirelessly to continue to support the goal of shrinking the Waiting List in Oklahoma!
Disability Legislation Tracking
Below is an extensive list of the 2020 bills that were discussed at the Oklahoma State Legislature that could have an impact on Oklahomans with developmental disabilities and their families.
The bills below are listed as either “Legislature Passed – Sent to Governor” or “Not Passed.” They are then listed by category:
- Education
- Healthcare
- Inclusion & Public Policy
- Medicaid & the Waiting List
-
Tax Policies
Each bill begins with its House or Senate bill number and the bill's authors, which is followed by a brief summary of the bill. Click on the bill’s number below to link directly to the bill itself.
Legislature Passed – Sent to Governor
Education
SB1436 Stanislawski and Miller.
Authorizes the State Board of Education to issue standard certificates, or one-year provisional teaching certificates, in the areas of mild-moderate disabilities and comprehensive special education to qualified individuals. The measure also creates a two-year provisional teaching certificate in the area of severe-profound disabilities.
Plain Language: This bill would increase the number of teachers available to teach in special education, mild-moderate disabilities, and severe-profound disabilities across the state.
STATUS: SENATE PASSED. HOUSE PASSED. Sent to Governor 5/15/2020.
HB2804 Sanders and Bice.
Requires any student enrolled in kindergarten through third grade who is not meeting grade-level targets to be screened for dyslexia.
STATUS: HOUSE PASSED. SENATE PASSED. Sent to Governor 5/13/2020.
Healthcare
HB2587 Roberts (Sean) and Daniels.
Creates the Nondiscrimination in Health Care Coverage Act. The Act would prohibit state agencies from developing or employing a dollars-per-quality adjusted life year, or similar measure that discounts the value of a life because of an individual’s disability. State agencies must consult with organizations advocating for individuals with disabilities and older adults before implementing health coverage changes. State agencies must also submit an annual report to the Legislature outlining beneficiary access to services.
Plain Language: This bill would protect people with disabilities and their families from healthcare discrimination by state agencies.
STATUS: HOUSE PASSED. SENATE PASSED. Sent to Governor 5/15/2020.
SB1739 Leewright and Lawson.
Creates the "Barbara E. Hoover Act," which requires assisted living centers and continuum of care facilities to provide the same notifications as nursing facilities as it relates to electronic monitoring. The bill also modifies the term "representative of a resident" to mean any court-appointed guardian, the parent of a minor, a relative, or other person designated in writing by the resident.
Plain Language: This bill would protect people in assisted living centers and continuum of care facilities from being electronically monitored without their knowledge or approval.
STATUS: SENATE PASSED. HOUSE PASSED. Sent to Governor 5/12/2020.
Inclusion & Public Policy
SB1779 Treat and McCall.
Modifies the procedures for absentee ballots. No person shall apply for, transmit or submit an absentee ballot on behalf of another person. A voter may still request assistance to mark the ballot, complete the affidavit or seal the envelope for his/her absentee ballot.
The purpose of this bill is to prohibit absentee ballot/vote harvesting or election fraud. No administrator or employee of a nursing or health facility may attempt to coerce or influence the vote of a person in that facility.
Plain Language: The purpose of this bill is to support the political rights of Oklahomans by making sure that their voting ballots are completed by themselves and without election tampering.
Critics continue to share concerns about how this bill restricts the ability of a person to have assistance with filling out the absentee ballot application itself. While the bill allows for some assistance with the ballot, the level of allowed assistance that is currently within the bill may not be enough for individuals with intellectual and developmental disabilities who need further assistance and accommodations.
STATUS: SENATE PASSED. HOUSE PASSED. Sent to Governor 5/15/2020.
Not Passed
Due to a Legislative Recess caused by the COVID-19 Pandemic, a large number of bills were unable to be moved through the full review process, leaving those bills as unpassed. We have included those unpassed bills below so that you may reach out to your Legislators about the bills that are important to you and your community before the 2021 Legislative Session.
*TAKE ACTION – Contact your local Representatives and discuss legislation that is important to you! Find your local Legislators by visiting the Oklahoma Policy Institute’s Find Your Legislators page and entering your home address.
Education
HB2980 Albright.
Creates an Act to authorize counseling services to be provided by school counselors. It also recommends that all schools strive for a counselor-to-student ratio of 1:250.
Plain Language: This bill would provide more counselors in schools across the state. These counselors would provide additional services and supports to all students, including those with intellectual and developmental disabilities.
STATUS: NOT PASSED. Stopped in House 2/12/2020.
SB1128 Simpson and McCall.
Authorizes the State Board of Education to grant an exception to the requirements for all certification examinations for teacher candidates who are deaf.
Plain Language: This bill would allow flexibility for teacher certification requirements for teachers who are deaf.
STATUS: NOT PASSED. Stopped in House 4/6/2020.
HB2889 Sanders and Stanislawski.
Requires the State Department of Education to maintain the dyslexia handbook created by the Dyslexia and Education Task Force.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
HB3320 Conley and Kidd.
Directs the teacher preparation program to train candidates about identifying dyslexia characteristics and other related disorders in students and classroom instruction techniques.
STATUS: NOT PASSED. Stopped in Senate 4/6/2020.
Healthcare
HB2870 Kiger and Paxton.
Creates the Small Rural Oklahoma Hospital Survival Act. The Act is intended to provide contracting and reimbursement fairness for small rural Oklahoma hospitals. Health insurers may not discourage insureds from utilizing services from a small rural Oklahoma hospital.
Plain Language: This Act would allow all Oklahomans in the rural areas of the State to better access health services closer to home.
STATUS: NOT PASSED. Stopped in Senate 4/6/2020.
HB2968 West (J.) and Rader.
Creates the Audiology and Speech-Language Pathology Interstate Compact. The Compact would allow providers licensed in a member state to practice across state lines. Once ten states have adopted the Compact, it will go into effect. There are currently 8 states that have adopted the Compact.
Plain Language: This Compact would create better access to audiology and speech-language pathology services for Oklahomans. Click here for more information about the Interstate Compact.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
HB3029 Bush and Pugh.
Creates the Transparency in Health Care Prices Act. The Act would require health care providers to make their prices available to the public for the 20 most common health inpatient and outpatient services. This price information must be updated annually.
Plain Language: This Act would make prices for common healthcare services public and transparent.
STATUS: NOT PASSED. Stopped in Senate 5/14/2020
HB3383 Ranson and Rader.
Creates the Advisory Council on Traumatic Brain Injury within the State Department of Health. The Council will provide expertise on treatment for people suffering from traumatic brain injuries, evaluate current rehabilitation standards, and promote education on traumatic brain injuries.
Plain Language: An Advisory Council on Traumatic Brain Injury would highlight the needs of Oklahomans with traumatic brain injuries and help the state better meet those needs.
STATUS: NOT PASSED. Stopped in Senate 5/14/2020.
HB3403 Randleman.
Requires health care providers treating fetal alcohol syndrome to receive training on screening tools and treatment resources every three years to maintain licensure.
Plain Language: This bill would make sure that specialty doctors maintain up-to-date expertise about fetal alcohol syndrome.
STATUS: NOT PASSED. Stopped in House 2/19/2020.
HB3463 West (T.) and Coleman.
Requires that when a resident of an assisted living center is prescribed an antipsychotic drug the facility is required to ensure that the resident is reassessed by a medical provider at least quarterly and the results must be documented. Additionally, all resident care staff must understand the benefits and side effects of the medication and know the procedures to be followed if an antipsychotic drug is prescribed to a resident on an as-needed basis.
Plain Language: This bill would protect people living in long-term care facilities from being prescribed anti-psychotic drugs unless these drugs are necessary and correctly documented.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
SB1201 McCortney and McEntire.
Requires all licensed health care facilities in the state to report data to and utilize the statewide health information exchange.
Plain Language: This bill would support people with numerous doctors because all of their doctors would have easy access to their health information.
STATUS: NOT PASSED. Stopped in House 4/6/2020.
SB1768 Kidd and McEntire.
Authorizes health districts established by county boards of health to be comprised of multiple county health departments operating under agreement to share resources.
Plain Language: This bill would save the state money by allowing county health departments to work together and share health resources.
STATUS: NOT PASSED. Stopped in House 4/6/2020.
Inclusion & Public Policy
HB3041 West (T.) and Weaver.
Allows the Council on Law Enforcement Education and Training (CLEET) to include in its required courses of study for law enforcement certification a minimum of 8 hours of developmental disability awareness training.
**This bill was introduced as a result of the Developmental Disability Council of Oklahoma's Law Enforcement Task Force and Partners in Policymaking (PIP) program.
Plain Language: This bill would add developmental disability awareness training to the topics covered in police officer training.
STATUS: NOT PASSED. Stopped in Senate 4/6/2020.
HB3406 Randleman and Pemberton.
Amends the training requirements for foster parents to include at least one hour of pre-service training on fetal alcohol spectrum disorders.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
HB3952 Dollen and Brooks.
Creates the Oklahoma Universal Changing Station Act, or “Max’s Law”, which requires all public buildings constructed after January 1, 2021 that can hold at least 200 persons to install a university changing station in a family restroom for persons with a physical disability. The station must comply with all accessibility standards of the Americans with Disabilities Act.
Plain Language: This bill would require public buildings in Oklahoma to have universal changing stations. This would make public buildings more inclusive for individuals with developmental disabilities.
STATUS: NOT PASSED. Stopped in Senate 4/6/2020.
SB1389 Hicks and West (T.).
Updates the term “retarded person” to “individual with intellectual disability” in current state statutes.
STATUS: NOT PASSED. Stopped in House 4/6/2020.
SB1809 Rosino and McEntire.
Modifies terminology in the Oklahoma Guardianship and Conservatorship Act. The bill modifies the terms "least restrictive alternative" and "supported decision making." The amendment also requires any court order appointing a guardian for a person to provide specific reasoning as to why the person needs a guardian instead of a less restrictive alternative.
Plain Language: This bill would support the rights of all individuals by providing guidelines about guardianship and decision-making.
STATUS: NOT PASSED. Stopped in House 4/6/2020.
Medicaid & The Waiting List
SB1851 Standridge and Echols.
The bill requires that the Department of Human Services shall, subject to available funds, cover the expense of an adult activity center, up to $5,000 annually, to any person who voluntarily removes him/herself from the Waiting List.
Plain Language: This bill is supposed to help shrink the Waiting List in Oklahoma by giving people on the list incentives to remove themselves from the Waiting List.
STATUS: NOT PASSED. Stopped in Senate 3/2/2020.
SB1852 McCortney and McEntire.
Transfers all personnel, powers and duties relating to the ADvantage Waiver Program from the Department of Human Services to the Oklahoma Health Care Authority. Rulemaking and authority to enter into contracts relating to the Program shall be transferred to the Oklahoma Health Care Authority Board.
Plain Language: This bill moves the management of ADvantage Waiver Program from the Department of Human Services to the Oklahoma Health Care Authority.
STATUS: NOT PASSED. Stopped in Senate 2/17/2020.
SB1907 Pugh.
Directs the Oklahoma Health Care Authority to submit a waiver to the Centers for Medicare and Medicaid Services to transition the Parent/Caretaker population of the state Medicaid program to a health voucher system. The bill outlines acceptable expenditures for the voucher system.
Plain Language: This bill would transition Oklahoma’s Parent/Caretaker population to a voucher system for Medicaid services. Moving to a voucher system has the potential to increase the total financial benefits for these services.
STATUS: NOT Passed. Stopped in Senate 2/24/2020.
Tax Policies
There were two bills reviewed to create an income tax deduction for contributions to accounts established pursuant to the Achieving a Better Life Experience (ABLE) Program. Neither of those bills passed during the 2020 Legislative Session.
SB1190 Pugh and Martinez
STATUS: NOT PASSED. Stopped in House 5/6/2020.
HB4006 Ortega and Howard.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
HB3462 Russ and Standridge.
Amends the definition of prosthetic device in the Sales Tax Code to include hearing aids purchased from a licensed audiologist, hearing aid dealer or fitter. The measure provides a sales tax exemption on hearing aids, effective November 1, 2020.
Plain Language: This bill would provide a tax benefit for people who buy a prosthetic device.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
HB3823 McCall and Hall.
A new law that provides an income tax credit for medical and osteopathic doctors that practice medicine in the rural areas of the state.
Plain Language: This bill would affect individuals with developmental disabilities and their families throughout the state by financially encouraging doctors to remain in rural areas.
STATUS: NOT PASSED. Stopped in Senate 3/16/2020.
If you have any questions or bill addition requests, please email Jennifer Grover, Planning & Grants Management Director for the Developmental Disabilities Council of Oklahoma.
This legislative update is for informational purposes only. Inclusion and tracking of any legislation does not constitute endorsement or opposition by the Redlands Partners: Center for Learning and Leadership, the Developmental Disabilities Council of Oklahoma, or the Oklahoma Disability Law Center.
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