Okla. Stat. tit. 63, § 63-5061.1

A. The purpose of this act is to maximize and direct the

reinvestment of any savings to the Oklahoma Health Care Authority

generated by enhanced federal matching authorized under Section

1905(b) of the Social Security Act at a rate of one hundred percent

(100%) for covered services received through participating Indian

Health Service, Tribal and Urban Indian (I/T/U) facilities.

B. There is hereby created the I/T/U Shared Savings Program.

Pursuant to guidance of the Centers for Medicare & Medicaid Services

(CMS), authorized services provided by a non-I/T/U Medicaid provider

to an American Indian or Alaska Native (AI/AN) Medicaid beneficiary

as a result of a referral from an I/T/U facility provider may be

eligible for the enhanced federal matching rate of one hundred

percent (100%).

C. 1. The Authority shall distribute up to fifty percent (50%)

of any savings that result from the I/T/U Shared Savings Program

provided for in this section to participating I/T/U facilities that

have complied with the terms of this act and applicable federal law,

but only after administrative costs incurred by the Authority in

implementing the I/T/U Shared Savings Program have been fully

satisfied.

2. Distributions to participating I/T/U facilities shall be

used to increase care coordination and to support health care

initiatives for AI/AN populations.

3. The Authority shall deposit any shared savings that remain

after administrative costs have been fully paid, and after

distributions have been made to participating I/T/U facilities, into

the I/T/U Shared Savings Revolving Fund created in Section 2 of this

act for the purpose of increasing Medicaid provider rates. Monies

in the fund shall not be used to replace other general revenues

appropriated and funded by the Legislature or other revenues used to

support Medicaid.

D. 1. All actions taken by the Authority in implementing the

I/T/U Shared Savings Program shall be made in accordance with

applicable state and federal Medicaid law and CMS State Health

Official letter (SHO) #16-002, issued on February 26, 2016, and CMS

Frequently Asked Questions (FAQs) regarding "Federal Funding for

Services 'Received Through' an IHS/Tribal Facility and Furnished to

Medicaid-Eligible American Indians and Alaska Natives (SHO #16-002)"

issued on January 18, 2017, and as such guidance may be hereinafter

amended or modified.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1760

2. The Authority shall make distributions to a participating

I/T/U facility in accordance with paragraph 1 of subsection C of

this section, contingent upon the production of executed copies of

Care Coordination Agreements (CCAs) for all services billed to

Oklahoma Medicaid that were received through the I/T/U facility.

CCAs must be executed between the I/T/U facility and the non-I/T/U

provider and must include, at a minimum, assurances that care

coordination shall involve:

a. the I/T/U facility practitioner providing a request

for specific services by electronic or other

verifiable means and relevant information about the

practitioner's patient to the non-I/T/U provider,

b. the non-I/T/U provider sending information about the

care the non-I/T/U provider provides to the patient

including the results of any screening, diagnostic or

treatment procedures, to the I/T/U facility

practitioner,

c. the I/T/U facility practitioner continuing to assume

responsibility for the patient's care by assessing the

information and taking appropriate action including,

when necessary, furnishing or requesting additional

services, and

d. the I/T/U facility incorporating the patient's

information in the medical record through the

statewide health information exchange or other agreed-

upon means.

E. The Oklahoma Health Care Authority Board is authorized to

promulgate administrative rules and to enter into contractual

agreements with I/T/U facilities as needed to effectuate the
ishing or requesting additional

services, and

d. the I/T/U facility incorporating the patient's

information in the medical record through the

statewide health information exchange or other agreed-

upon means.

E. The Oklahoma Health Care Authority Board is authorized to

promulgate administrative rules and to enter into contractual

agreements with I/T/U facilities as needed to effectuate the

provisions of this act. As part of the rulemaking process, the

Authority shall comply with the Tribal Consultation Requirements

provided by the Medicaid State Plan.

F. The Authority shall promptly seek any necessary federal

approval for the implementation of this act. In the event that any

necessary federal approval is not obtained, or in the event funding

of Oklahoma Medicaid from state, federal or other sources is

withdrawn, reduced or limited in any way that affects implementation

of the I/T/U Shared Savings Program, the I/T/U Shared Savings

Program may be terminated immediately by the Authority, and no court

or tribunal shall have jurisdiction to review such termination.