Okla. Stat. tit. 36, § 36-1416: State Innovation Waiver

A. There is hereby authorized the creation and submission of a

State Innovation Waiver for the purpose of creating Oklahoma health

insurance products that improve health and healthcare quality while

controlling costs.

B. The State Innovation Waiver may include multiple waiver

submissions under federal waiver authorities, including:

1. Waivers as provided in Section 1332 of the federal

Affordable Care Act for the purpose of waiving certain federal

insurance and tax regulations to create more state flexibility

within the health insurance market; and

2. Waivers as provided in Section 1115 of the federal Social

Security Act for the purpose of participating in the Delivery System

Reform Incentive Payment Program or uncompensated care pools or both

the Delivery System Reform Incentive Payment Program and

uncompensated care pools with the aim of incentivizing providers

through payment for achieving better health outcomes.

C. The State Innovation Waiver shall be created consistent with

the innovation design plan developed through the Oklahoma Health

Improvement Plan. It shall be presented to the Oklahoma Legislature

along with a summary of comments received from public hearings and

shall include the identification of specific provisions of the

Affordable Care Act to be waived in the State of Oklahoma.

D. Participating agencies, including but not limited to the

State Department of Health, the Oklahoma Health Care Authority, the

Department of Mental Health and Substance Abuse Services and the

Insurance Department, shall develop the State Innovation Waiver with

input from the private sector partners and various subject matter

experts and submit any and all necessary information for approval to

all relevant entities.

E. The Insurance Department is hereby authorized to conduct

rate review for the individual and small group health insurance

market upon implementation of the State Innovation Waiver under

Section 1332 of the federal Affordable Care Act.