Okla. Stat. tit. 63, § 63-5052
This is the official text of Okla. Stat. tit. 63, § 63-5052, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Opportunity for hearing before Authority - Record -
Official statutory text
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 Page 1750
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.
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 Page 1750
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.
Status: in_force · Read it on the official government site
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