Article XXV-A, Oklahoma Constitution
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Article XXV-A of the Oklahoma Constitution is entitled Medicaid Expansion and consists of four sections. It was added to the state constitution via voter approval of State Question 802 on the June 2020 ballot.
Section 1
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SECTION 1. Definitions As used in this Article: A. "Centers for Medicare and Medicaid Services" or "CMS" refers to the agency responsible for administering the Medicaid program at the federal level, including review and approval of State Plan Amendments. B. "Low Income Adults" refers to those individuals over age 18 and under age 65 whose income does not exceed one-hundred thirty-three percent (133%) of the federal poverty level, as described by and using the income methodology provided in the federal Medicaid statute at 42 U.S.C. § 1396(a)(10)(A)(i)(VIII), and who meet applicable non-financial eligibility conditions for Medicaid under 42 CFR Part 435, Subpart E. C. "Medical assistance" means payment of part or all of the cost of the care and services, or the care and services themselves, or both, as provided in the federal Medicaid statute, 42 U.S.C. § 1396 et seq. D. "Oklahoma Health Care Authority" refers to the single State agency responsible for administering the Oklahoma Medicaid program pursuant to 42 U.S.C. S 1396a(a)(5). E. "State Plan Amendment" refers to the document(s) the State submits to the Centers for Medicare and Medicaid Services for review and approval before making a change to its program policies, including setting forth the groups of individuals to be eligible for medical assistance. |
Section 2
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SECTION 2. Medicaid Expansion A. In addition to those otherwise eligible for medical assistance under Oklahoma's Medicaid program, the State shall provide medical assistance under Oklahoma's Medicaid program to Low Income Adults. B. No greater or additional burdens or restrictions on eligibility or enrollment shall be imposed on persons eligible for medical assistance pursuant to this Article than on any other population eligible for medical assistance under Oklahoma's Medicaid program. |
Section 3
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SECTION 3. Implementation A. Within 90 days of approval of this Article, the Oklahoma Health Care Authority shall submit a State Plan Amendment and all other necessary documents to seek required approvals from the Centers for Medicare and Medicaid Services to include Low Income Adults as a coverage group in Oklahoma' s Medicaid program beginning no later than July 1, 2021. B. The Oklahoma Health Care Authority shall take all actions necessary to maximize federal financial participation in funding medical assistance pursuant to this Article. |
Section 4
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SECTION 4. Severability The provisions of this Article are severable, and if any part or provision hereof shall be void, invalid, or unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions hereof, and the remaining provisions hereof shalI continue in force and effect. |
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