Okla. Stat. tit. 51, § 51-156

Notice - Wrongful death.

A. Any person having a claim against the state or a political

subdivision within the scope of Section 151 et seq. of this title

shall present a claim to the state or political subdivision for any

appropriate relief including the award of money damages.

B. Except as provided in subsection H of this section, and not

withstanding any other provision of law, claims against the state or

a political subdivision are to be presented within one (1) year of

the date the loss occurs. A claim against the state or a political

subdivision shall be forever barred unless notice thereof is

presented within one (1) year after the loss occurs.

C. A claim against the state shall be in writing and filed with

the Office of the Risk Management Administrator of the Office of

Management and Enterprise Services who shall immediately notify the

Attorney General and the agency concerned and conduct a diligent

investigation of the validity of the claim within the time specified

for approval or denial of claims by Section 157 of this title. A

claim may be filed by certified mail with return receipt requested.

A claim which is mailed shall be considered filed upon receipt by

the Office of the Risk Management Administrator.

D. A claim against a political subdivision shall be in writing

and filed with the office of the clerk of the governing body.

E. The written notice of claim to the state or a political

subdivision shall state the date, time, place and circumstances of

the claim, the identity of the state agency or agencies involved,

the amount of compensation or other relief demanded, the name,

address and telephone number of the claimant, the name, address and

telephone number of any agent authorized to settle the claim, and

any and all other information required to meet the reporting

requirements of the Medicare Secondary Payer Mandatory Reporting

Provisions in Section 111 of the Medicare, Medicaid and SCHIP

Extension Act of 2007 (MMSEA) through the Centers for Medicare &

Medicaid Services (CMS). Failure to state either the date, time,

place and circumstances and amount of compensation demanded, or any

information requested to comply with the reporting claims to CMS

under MMSEA shall not invalidate the notice unless the claimant

Oklahoma Statutes - Title 51. Officers Page 109

declines or refuses to furnish such information after demand by the

state or political subdivision. The time for giving written notice

of claim pursuant to the provisions of this section does not include

the time during which the person injured is unable due to

incapacitation from the injury to give such notice, not exceeding

ninety (90) days of incapacity.

F. If the written notice of claim demands relief for personal

injuries, the claimant shall provide the name and address of all

health care providers who treated the claimant since the date and

time of the circumstances claimant set forth in the notice of claim

required by subsection E of this section and the date of the notice

required by subsection E of this section. For each health care

provider required to be identified, the claimant shall provide a

HIPPA compliant authorization for release of health information.

Failure to provide the name and address of all health care providers

and the HIPPA compliant authorization required by this subsection

shall not invalidate the notice required by subsection E of this

section unless the claimant declines or refuses to furnish such

information after demanded by the state or political subdivision.

G. If the written notice of claim demands relief for loss of

earnings, the claimant shall provide the documentation of the loss

of earnings since the date and time of the circumstances claimant

set forth in the notice of claim required by subsection E of this

section and the date of the notice required by subsection E of this

section. Failure to provide the documentation required by this
on.

G. If the written notice of claim demands relief for loss of

earnings, the claimant shall provide the documentation of the loss

of earnings since the date and time of the circumstances claimant

set forth in the notice of claim required by subsection E of this

section and the date of the notice required by subsection E of this

section. Failure to provide the documentation required by this

subsection shall not invalidate the notice required by subsection E

of this section unless claimant declines or refuses to furnish such

information after demanded by the state or political subdivision.

H. If the written notice of claim demands relief for losses of

real or personal property, the claimant shall provide the amount of

the property loss claimed, the method used to calculate the amount

of loss, documentation relied upon in determining the amount of

loss, and proof of the claimant's ownership of property. Failure to

provide the documentation required by this subsection shall not

invalidate the notice required by subsection E of this section

unless claimant declines or refuses to furnish such information

after demanded by the state or political subdivision.

I. When the claim is one for death by wrongful act or omission,

notice may be presented by the personal representative within one

(1) year after the death occurs. If the person for whose death the

claim is made has presented notice that would have been sufficient

had he lived, an action for wrongful death may be brought without

any additional notice.

J. Claims and suits against resident physicians or interns

shall be made in accordance with the provisions of Titles 12 and 76

of the Oklahoma Statutes.

Oklahoma Statutes - Title 51. Officers Page 110

K. For purposes of claims based on wrongful felony conviction

resulting in imprisonment provided for in Section 154 of this title,

loss occurs on the date that the claimant receives a pardon based on

actual innocence from the Governor or the date that the claimant

receives judicial relief absolving the claimant of guilt based on

actual innocence; provided, for persons whose basis for a claim

occurred prior to the effective date of this act, the claim must be

submitted within one (1) year after the effective date of this act.