§36-6570.1. Definitions.
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/ok/title-36-insurance/36-6570-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this act:
1. "Adverse determination" means a determination by a health carrier or its designee utilization review entity that an admission, availability of care, continued stay, or other health care service that is a covered benefit has been reviewed and, based upon the information provided, does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness, and the requested service or payment for the service is therefore denied, reduced, or terminated as defined by Section 6475.3 of Title 36 of the Oklahoma Statutes;
2. "Chronic condition" means a condition that lasts one
(1)year or more and requires ongoing medical attention or limits activities of daily living or both;
3. "Clinical criteria" means the written policies, written screening procedures, determination rules, determination abstracts, clinical protocols, practice guidelines, medical protocols, and any other criteria or rationale used by the utilization review entity to determine the necessity and appropriateness of health care services;
4. "Emergency health care services", with respect to an emergency medical condition as defined in 42 U.S.C.A., Section 300gg-111, means:
a. a medical screening examination, as required under
Section 1867 of the Social Security Act, 42 U.S.C.,
Section 1395dd, or as would be required under such
section if such section applied to an independent,
freestanding emergency department, that is within the
capability of the emergency department of a hospital
or of an independent, freestanding emergency
department, as applicable, including ancillary
services routinely available to the emergency
department to evaluate such emergency medical
condition, and
b. within the capabilities of the staff and facilities
available at the hospital or the independent,
freestanding emergency department, as applicable, such
further medical examination and treatment as are
required under Section 1395dd of the Social Security
Act, or as would be required under such section if
such section applied to an independent, freestanding
emergency department, to stabilize the patient,
regardless of the department of the hospital in which
such further examination or treatment is furnished, as
defined by 42 U.S.C.A., Section 300gg-111;
5. "Emergency Medical Treatment and Active Labor Act" or "EMTALA" means Section 1867 of the Social Security Act and associated regulations;
6. "Enrollee" means an individual who is enrolled in a health care plan, including covered dependents, as defined by Section 6592.1 of Title 36 of the Oklahoma Statutes;
7. "Health care provider" means any person or other entity who is licensed pursuant to the provisions of Title 59 or Title 63 of the Oklahoma Statutes, or pursuant to the definition in Section 1- 1708.1C of Title 63 of the Oklahoma Statutes;
8. "Health care services" means any services provided by a health care provider, or by an individual working for or under the supervision of a health care provider, that relate to the diagnosis, assessment, prevention, treatment, or care of any human illness, disease, injury, or condition, as defined by paragraph 2 of Section 1-1708.1C of Title 63 of the Oklahoma Statutes.
The term also includes the provision of mental health and substance use disorder services, as defined by Section 6060.10 of Title 36 of the Oklahoma Statutes, and the provision of durable medical equipment. The term does not include the provision, administration, or prescription of pharmaceutical products or services;
9. "Licensed mental health professional" means:
a. a psychiatrist who is a diplomate of the American
Board of Psychiatry and Neurology,
b. a psychiatrist who is a diplomate of the American
Osteopathic Board of Neurology and Psychiatry,
c. a physician licensed pursuant to the Oklahoma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine
Act,
d. a clinical psychologist who is duly licensed to
practice by the State Board of Examiners of
Psychologists,
e. a professional counselor licensed pursuant to the
Licensed Professional Counselors Act,
f. a person licensed as a clinical social worker pursuant
to the provisions of the Social Worker's Licensing
Act,
g. a licensed marital and family therapist as defined in
the Marital and Family Therapist Licensure Act,
h. a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act,
i. an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act,
j. a physician assistant who is licensed in good standing
in this state, or
k. a licensed alcohol and drug counselor/mental health
(LADC/MH) as defined in the Licensed Alcohol and Drug
Counselors Act;
10. "Medically necessary" means services or supplies provided by a health care provider that are:
a. appropriate for the symptoms and diagnosis or
treatment of the enrollee's condition, illness,
disease, or injury,
b. in accordance with standards of good medical practice,
c. not primarily for the convenience of the enrollee or
the enrollee's health care provider, and
d. the most appropriate supply or level of service that
can safely be provided to the enrollee as defined by
Section 6592 of Title 36 of the Oklahoma Statutes;
11. "Notice" means communication delivered either electronically or through the United States Postal Service or common carrier;
12. "Physician" means an allopathic or osteopathic physician licensed by the State of Oklahoma or another state to practice medicine;
13. "Prior authorization" means the process by which utilization review entities determine the medical necessity and medical appropriateness of otherwise covered health care services prior to the rendering of such health care services. The term shall include "authorization", "pre-certification", and any other term that would be a reliable determination by a health benefit plan. The term shall not be construed to include or refer to such processes as they may pertain to pharmaceutical services;
14. "Urgent health care service" means a health care service with respect to which the application of the time periods for making an urgent care determination, which, in the opinion of a physician with knowledge of the enrollee's medical condition:
a. could seriously jeopardize the life or health of the
enrollee or the ability of the enrollee to regain
maximum function, or
b. in the opinion of a physician with knowledge of the
claimant's medical condition, would subject the
enrollee to severe pain that cannot be adequately
managed without the care or treatment that is the
subject of the utilization review; and
15. "Utilization review entity" means an individual or entity that performs prior authorization for a health benefit plan as defined by Section 6060.4 of Title 36 of the Oklahoma Statutes, but shall not include any health plan offered by a contracted entity defined in Section 4002.2 of Title 56 of the Oklahoma Statutes that provides coverage to members of the state Medicaid program or other insurance subject to the Long-Term Care Insurance Act. Added by Laws 2024, c. 303, § 2, eff. Jan. 1, 2025.