Okla. Stat. tit. 56, § 56-2004

A. As used in this section:

1. "Additional costs reimbursed to the contracted community-

based service provider" means both state and federal Medicaid

expenditures in excess of the aggregate amounts that would otherwise

have been paid to a contracted community-based service provider

including, but not limited to, costs related to an audit required by

the Department of Human Services, the Oklahoma Health Care

Authority, or the State Auditor and Inspector;

2. "Contracted community-based service provider" means any

entity contracted by the Department of Human Services, the Oklahoma

Health Care Authority, or any private person providing the support,

or promotion of support, for a service recipient to remain in such

person's home or residence and shall include, but not be limited to,

entities and persons providing personal support, professional

support, case management, transportation services, and services

through a Home and Community-Based Waiver or Advantage Waiver as

defined by Title XIX of the Social Security Act, Section 1915 (C);

3. "Gross receipts" means annual gross revenues received in

compensation for services rendered by a contracted community-based

service provider, but shall not include any amount received by a

contracted service provider as a charitable contribution or any

amount received by a provider as compensation for services rendered

that is not reimbursed; and

4. "Medicaid" means the medical assistance program established

in Title XIX of the federal Social Security Act and administered in

the state by the Oklahoma Health Care Authority.

B. Information required to calculate the Home-Based Support

Quality Assurance Assessment provided in Section 4002 of Title 68 of

the Oklahoma Statutes for a contracted community-based service

provider shall be reported to the Oklahoma Health Care Authority

using forms supplied by the Oklahoma Health Care Authority.

C. The payment of the Home-Based Quality Assurance Assessment

by contracted community-based service providers shall be an

allowable cost for Medicaid reimbursement purposes.

Oklahoma Statutes - Title 56. Poor Persons Page 273

D. 1. There is hereby created in the State Treasury a

revolving fund for the Oklahoma Health Care Authority to be

designated the "Home-Based Quality Assurance Fund".

2. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of:

a. all monies received by the Oklahoma Health Care

Authority pursuant to Section 4002 of Title 68 of the

Oklahoma Statutes and otherwise specified or

authorized by law,

b. monies received by the Oklahoma Health Care Authority

due to federal financial participation pursuant to

Title XIX of the Social Security Act, and

c. interest attributable to investment of money in the

Home-Based Quality Assurance Fund.

3. All monies accruing to the credit of the fund are

appropriated and may be budgeted and expended by the Oklahoma Health

Care Authority for Medicaid services provided by contracted

community-based service providers.

4. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

5. The Home-Based Quality Assurance Fund and the programs

specified in this section that are funded by revenues collected from

the Home-Based Quality Assurance Assessment pursuant to this section

are exempt from budgetary cuts, reductions, or eliminations.

6. The reimbursement rate for contracted community-based

service providers shall be made in accordance with Oklahoma's

Medicaid reimbursement rate methodology and the provisions of this

section.

7. No contracted community-based service provider shall be

guaranteed, expressly or otherwise, that any additional costs

reimbursed to the contracted community-based service provider shall
inations.

6. The reimbursement rate for contracted community-based

service providers shall be made in accordance with Oklahoma's

Medicaid reimbursement rate methodology and the provisions of this

section.

7. No contracted community-based service provider shall be

guaranteed, expressly or otherwise, that any additional costs

reimbursed to the contracted community-based service provider shall

equal or exceed the amount of the Home-Based Quality Assurance

Assessment paid by the contracted community-based service provider.

E. 1. If federal financial participation pursuant to Title XIX

of the Social Security Act is not available to the Oklahoma Medicaid

program, for purposes of matching expenditures from the Home-Based

Quality Assurance Fund at the approved federal medical assistance

percentage for the applicable fiscal year, the Home-Based Quality

Assurance Assessment shall be null and void as of the date of the

nonavailability of such federal funding, through and during any

period of nonavailability.

2. If this section is invalidated by any court of last resort

under circumstances not covered in subsection F of this section, the

Home-Based Quality Assurance Assessment shall be void as of the

effective date of that invalidation.

Oklahoma Statutes - Title 56. Poor Persons Page 274

3. If the Home-Based Quality Assurance Assessment is determined

to be void for any of the reasons enumerated in this section, any

Home-Based Quality Assurance Assessment assessed and collected for

any periods after such invalidation shall be returned in full within

sixty (60) days by the Oklahoma Health Care Authority to the

contracted community-based service provider from which it was

collected.

4. If any provision of this section, or the application

thereof, is determined by any court of last resort to prevent the

state from obtaining federal financial participation in the state

Medicaid program, such provision shall be deemed void as of the date

of the nonavailability of such federal funding and through and

during any period of nonavailability.

F. 1. If any provision of this section or the application

thereof shall be adjudged to be invalid by any court of last resort,

such judgment shall not affect, impair or invalidate the remaining

provisions of the section, but shall be confined in its operation to

the provision thereof directly involved in the controversy in which

such judgment was rendered. The applicability of such provision to

other persons or circumstances shall not be affected thereby.

2. This subsection shall not apply to any judgment that affects

the rate of the Home-Based Quality Assurance Assessment, its

applicability to all contracted community-based service providers in

the state, the usage of the fee for the purposes prescribed in this

section, or the ability of the Oklahoma Health Care Authority to

obtain full federal participation to match its expenditures of the

proceeds of the assessment.

G. The Oklahoma Health Care Authority shall:

1. Promulgate rules for the implementation and enforcement of

the Home-Based Quality Assurance Assessment established by this

section; and

2. Provide for administrative penalties in the event a

contracted community-based service provider fails to:

a. submit the Home-Based Quality Assurance Assessment,

b. submit the Home-Based Quality Assurance Assessment in

a timely manner, or

c. submit reports as required by this section or by the

Oklahoma Health Care Authority.