{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-3242.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-3242.3","heading":"Access payment program fee","body":"A. For the purpose of assuring access to quality emergency and\n\nnonemergency transports for state Medicaid beneficiaries, the\n\nOklahoma Health Care Authority shall, after considering input and\n\nrecommendations from the Oklahoma Ambulance Alliance, assess\n\nambulance service providers licensed in Oklahoma, unless exempt\n\nunder subsection B of this section, an ambulance service provider\n\naccess payment program fee.\n\nB. The following ambulance services shall be exempt from the\n\nambulance service provider access payment fee:\n\n1. An ambulance service that is owned or operated by the state\n\nor a state agency, the federal government, a federally recognized\n\nIndian tribe, or the Indian Health Service;\n\n2. An ambulance service that is eligible for supplemental\n\nMedicaid reimbursement under Section 3242 of Title 63 of the\n\nOklahoma Statutes;\n\n3. An ambulance service that provides air ambulance services\n\nonly; or\n\n4. An ambulance service that provides nonemergency transports\n\nonly or a de minimis amount of emergency medical transportation\n\nservices, as determined by the Authority.\n\nC. 1. The ambulance service provider access payment program\n\nfee shall be an assessment imposed on each ambulance service\n\nprovider, except those exempted under subsection B of this section,\n\nfor each calendar year in an amount calculated as a percentage of\n\neach ambulance service provider's net operating revenue.\n\n2. The assessment rate shall be determined annually based upon\n\nthe percentage of net operating revenue needed to generate an amount\n\nup to the sum of:\n\na. the nonfederal portion of the upper payment limit gap\n\nfor all ambulance service providers eligible to\n\nreceive Medicaid ambulance service provider access\n\npayments, plus\n\nb. the annual fee to be paid to the Authority under\n\nsubparagraph b of paragraph 2 of subsection F of\n\nSection 4 of this act, plus\n\nc. the amount to be transferred by the Authority to the\n\nMedical Payments Cash Management Improvement Act\n\nPrograms Disbursing Fund under subparagraph a of\n\nparagraph 2 of subsection F of Section 4 of this act.\n\nIn no event shall the assessment rate exceed the maximum rate\n\nallowed by federal law or regulation.\n\n3. The assessment rate described in this subsection shall be\n\ndetermined after consultation with the Alliance. The base year for\n\nassessment, the method for calculating net operating revenue and\n\nrelated matters not provided for in this section shall be determined\n\nby rules promulgated by the Oklahoma Health Care Authority Board.\n\nD. 1. If an ambulance service provider conducts, operates or\n\nmaintains more than one licensed ambulance service, the ambulance\n\nservice provider shall pay the ambulance service provider access\n\npayment program fee for each ambulance service separately. However,\n\nif the ambulance service provider operates more than one ambulance\n\nservice under one Medicaid provider number, the ambulance service\n\nprovider may pay the fee for the ambulance services in the\n\naggregate.\n\n2. Notwithstanding any other provision of this section, if an\n\nambulance service provider subject to the ambulance service provider\n\naccess payment fee operates or conducts business only for a portion\n\nof a year, the assessment for the year shall be adjusted by\n\nmultiplying the annual assessment by a fraction, the numerator of\n\nwhich is the number of days in the year during which the ambulance\n\nservice operates and the denominator of which is three hundred\n\nsixty-five (365). Immediately upon ceasing to operate, the\n\nambulance service provider shall pay the assessment for the year as\n\nso adjusted, to the extent not previously paid.\n\n3. The Authority shall determine the assessment for new\n\nambulance services and ambulance services that undergo a change of\n\nownership, in accordance with this section, using the best available\n\ninformation, as determined by the Authority.\n\nE. 1. In the event that federal financial participation\nice provider shall pay the assessment for the year as\n\nso adjusted, to the extent not previously paid.\n\n3. The Authority shall determine the assessment for new\n\nambulance services and ambulance services that undergo a change of\n\nownership, in accordance with this section, using the best available\n\ninformation, as determined by the Authority.\n\nE. 1. In the event that federal financial participation\n\npursuant to Title XIX of the Social Security Act is not available to\n\nthe state Medicaid program for purposes of matching expenditures\n\nfrom the Ambulance Service Provider Access Payment Program Fund at\n\nthe approved federal medical assistance percentage for the\n\napplicable year, the ambulance service provider access payment\n\nprogram fee 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. In the event of an invalidation of the Ambulance Service\n\nProvider Access Payment Program by any court of last resort, the\n\nprogram shall be null and void as of the effective date of that\n\ninvalidation.\n\n3. In the event that the Ambulance Service Provider Access\n\nPayment Program is determined to be null and void for any of the\n\nreasons described in this subsection, any ambulance service provider\n\naccess payment program fee assessed and collected for any period to\n\nwhich such invalidation applies shall be returned in full within\n\nforty-five (45) days by the Authority to the ambulance service from\n\nwhich it was collected.\n\nF. The Oklahoma Health Care Authority Board, after considering\n\nthe input and recommendations of the Alliance, shall promulgate\n\nrules for the implementation and enforcement of the ambulance\n\nservice provider access payment program fee. Unless otherwise\n\nprovided, the rules promulgated under this subsection shall not\n\ngrant any exceptions to or exemptions from the ambulance service\n\nprovider access payment program fee imposed under this section.\n\nG. The Authority shall provide for administrative penalties in\n\nthe event an ambulance service provider fails to:\n\n1. Submit the ambulance service provider access payment program\n\nfee;\n\n2. Submit the fee in a timely manner;\n\n3. Submit reports as required by the Authority; or\n\n4. Submit reports timely.\n\nH. The Oklahoma Health Care Authority Board shall have the\n\npower to promulgate emergency rules to implement the provisions of\n\nthe Ambulance Service Provider Access Payment Program Act.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"28cdb28daceb5ab95bb8dfbcb97612fa9c9cfdd10c8f01d07532886d01297383","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-3242.2","next":"us-ok/okla.-stat.-tit.-63-63-3242.4"},"notice":"GroundRules: Original legal text. Not legal advice."}