{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-2004","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-2004","heading":"Home-Based Support Quality Assurance Assessment","body":"A. As used in this section:\n\n1. \"Additional costs reimbursed to the contracted community-\n\nbased service provider\" means both state and federal Medicaid\n\nexpenditures in excess of the aggregate amounts that would otherwise\n\nhave been paid to a contracted community-based service provider\n\nincluding, but not limited to, costs related to an audit required by\n\nthe Department of Human Services, the Oklahoma Health Care\n\nAuthority, or the State Auditor and Inspector;\n\n2. \"Contracted community-based service provider\" means any\n\nentity contracted by the Department of Human Services, the Oklahoma\n\nHealth Care Authority, or any private person providing the support,\n\nor promotion of support, for a service recipient to remain in such\n\nperson's home or residence and shall include, but not be limited to,\n\nentities and persons providing personal support, professional\n\nsupport, case management, transportation services, and services\n\nthrough a Home and Community-Based Waiver or Advantage Waiver as\n\ndefined by Title XIX of the Social Security Act, Section 1915 (C);\n\n3. \"Gross receipts\" means annual gross revenues received in\n\ncompensation for services rendered by a contracted community-based\n\nservice provider, but shall not include any amount received by a\n\ncontracted service provider as a charitable contribution or any\n\namount received by a provider as compensation for services rendered\n\nthat is not reimbursed; and\n\n4. \"Medicaid\" means the medical assistance program established\n\nin Title XIX of the federal Social Security Act and administered in\n\nthe state by the Oklahoma Health Care Authority.\n\nB. Information required to calculate the Home-Based Support\n\nQuality Assurance Assessment provided in Section 4002 of Title 68 of\n\nthe Oklahoma Statutes for a contracted community-based service\n\nprovider shall be reported to the Oklahoma Health Care Authority\n\nusing forms supplied by the Oklahoma Health Care Authority.\n\nC. The payment of the Home-Based Quality Assurance Assessment\n\nby contracted community-based service providers shall be an\n\nallowable cost for Medicaid reimbursement purposes.\n\nD. 1. There is hereby created in the State Treasury a\n\nrevolving fund for the Oklahoma Health Care Authority to be\n\ndesignated the \"Home-Based Quality Assurance Fund\".\n\n2. The fund shall be a continuing fund, not subject to fiscal\n\nyear limitations, and shall consist of:\n\na. all monies received by the Oklahoma Health Care\n\nAuthority pursuant to Section 4002 of Title 68 of the\n\nOklahoma Statutes and otherwise specified or\n\nauthorized by law,\n\nb. monies received by the Oklahoma Health Care Authority\n\ndue to federal financial participation pursuant to\n\nTitle XIX of the Social Security Act, and\n\nc. interest attributable to investment of money in the\n\nHome-Based Quality Assurance Fund.\n\n3. All monies accruing to the credit of the fund are\n\nappropriated and may be budgeted and expended by the Oklahoma Health\n\nCare Authority for Medicaid services provided by contracted\n\ncommunity-based service providers.\n\n4. Expenditures from the fund shall be made upon warrants\n\nissued by the State Treasurer against claims filed as prescribed by\n\nlaw with the Director of the Office of Management and Enterprise\n\nServices for approval and payment.\n\n5. The Home-Based Quality Assurance Fund and the programs\n\nspecified in this section that are funded by revenues collected from\n\nthe Home-Based Quality Assurance Assessment pursuant to this section\n\nare exempt from budgetary cuts, reductions, or eliminations.\n\n6. The reimbursement rate for contracted community-based\n\nservice providers shall be made in accordance with Oklahoma's\n\nMedicaid reimbursement rate methodology and the provisions of this\n\nsection.\n\n7. No contracted community-based service provider shall be\n\nguaranteed, expressly or otherwise, that any additional costs\n\nreimbursed to the contracted community-based service provider shall\ninations.\n\n6. The reimbursement rate for contracted community-based\n\nservice providers shall be made in accordance with Oklahoma's\n\nMedicaid reimbursement rate methodology and the provisions of this\n\nsection.\n\n7. No contracted community-based service provider shall be\n\nguaranteed, expressly or otherwise, that any additional costs\n\nreimbursed to the contracted community-based service provider shall\n\nequal or exceed the amount of the Home-Based Quality Assurance\n\nAssessment paid by the contracted community-based service provider.\n\nE. 1. If federal financial participation pursuant to Title XIX\n\nof the Social Security Act is not available to the Oklahoma Medicaid\n\nprogram, for purposes of matching expenditures from the Home-Based\n\nQuality Assurance Fund at the approved federal medical assistance\n\npercentage for the applicable fiscal year, the Home-Based Quality\n\nAssurance Assessment shall be null and void as of the date of the\n\nnonavailability of such federal funding, through and during any\n\nperiod of nonavailability.\n\n2. If this section is invalidated by any court of last resort\n\nunder circumstances not covered in subsection F of this section, the\n\nHome-Based Quality Assurance Assessment shall be void as of the\n\neffective date of that invalidation.\n\n3. If the Home-Based Quality Assurance Assessment is determined\n\nto be void for any of the reasons enumerated in this section, any\n\nHome-Based Quality Assurance Assessment assessed and collected for\n\nany periods after such invalidation shall be returned in full within\n\nsixty (60) days by the Oklahoma Health Care Authority to the\n\ncontracted community-based service provider from which it was\n\ncollected.\n\n4. If any provision of this section, or the application\n\nthereof, is determined by any court of last resort to prevent the\n\nstate from obtaining federal financial participation in the state\n\nMedicaid program, such provision shall be deemed void as of the date\n\nof the nonavailability of such federal funding and through and\n\nduring any period of nonavailability.\n\nF. 1. If any provision of this section or the application\n\nthereof shall be adjudged to be invalid by any court of last resort,\n\nsuch judgment shall not affect, impair or invalidate the remaining\n\nprovisions of the section, but shall be confined in its operation to\n\nthe provision thereof directly involved in the controversy in which\n\nsuch judgment was rendered. The applicability of such provision to\n\nother persons or circumstances shall not be affected thereby.\n\n2. This subsection shall not apply to any judgment that affects\n\nthe rate of the Home-Based Quality Assurance Assessment, its\n\napplicability to all contracted community-based service providers in\n\nthe state, the usage of the fee for the purposes prescribed in this\n\nsection, or the ability of the Oklahoma Health Care Authority to\n\nobtain full federal participation to match its expenditures of the\n\nproceeds of the assessment.\n\nG. The Oklahoma Health Care Authority shall:\n\n1. Promulgate rules for the implementation and enforcement of\n\nthe Home-Based Quality Assurance Assessment established by this\n\nsection; and\n\n2. Provide for administrative penalties in the event a\n\ncontracted community-based service provider fails to:\n\na. submit the Home-Based Quality Assurance Assessment,\n\nb. submit the Home-Based Quality Assurance Assessment in\n\na timely manner, or\n\nc. submit reports as required by this section or by the\n\nOklahoma Health Care Authority.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c2078055dd8ab19e8c713cb9de394209c12ff0cb18415b8203f73c60a3365fac","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-2002","next":"us-ok/okla.-stat.-tit.-56-56-200a"},"notice":"GroundRules: Original legal text. Not legal advice."}