OKLAHOMA SENATE ROUNDUP

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Insurance claim measure approved by Senate

Oklahoma senators have given their approval to a measure that would require insurers to provide a detailed notice to both the patient and health care provider when denying a claim.

Authored by Sen. Joe Newhouse, R-Tulsa, Senate Bill 550 would require the notification to include the reason for denial and instructions on where a person or entity could respond. Upon receiving the denial, the recipient may submit a detailed appeal in writing explaining why the claim should be approved. If the appeal is then denied, the insurer must address in writing the specific details of why it is further appealed and provide the phone number of a health plan representative.

“When dealing with health insurance companies, it’s pretty common to have some frustrations, especially when a claim has been denied and you have no clue why,” Newhouse said. “This bill is all about creating transparency and efficiency within the health care claim process by streamlining the denied claims process and improving communication between all parties.”

The measure was developed with the Oklahoma State Medical Association; Oklahoma Hospital Association; Oklahoma Association of Health Plans; Integris Health; BlueCross/BlueShield of Oklahoma; and the Oklahoma Insurance Department.

It now heads to the House of Representatives for further consideration where Rep. Marcus McEntire (R-Duncan) will carry the measure.

Senators pass Oklahoma Religious Freedom Act

The Senate voted overwhelmingly to protect churches as essential in the state of Oklahoma on March 11.

Senate Bill 368, by Sen. David Bullard (R-Durant), creates the Oklahoma Religious Freedom Act, prohibiting declaration of religious institutions as nonessential.

SB 368 prohibits any governmental entity from declaring or deeming a religious institution and any activity directly related to the institution’s discharge of its mission and purpose to be nonessential. Additionally, it prohibits the closure of such institutions for health or security purposes if those actions are greater than what is imposed on any private entity facing the same or similar health or security conditions.

The bill will next be considered in the House where Rep. Tom Gann, R-Inola, is the principal House author.

Censorship measure passed by Senate

The full Senate has approved legislation by Sen. Rob Standridge allowing social media users to sue for damages against any social media website that censors a user’s political or religious speech.

Standridge, (R-Norman), authored Senate Bill 383 to eliminate selective censorship of opinion on social media and to ensure free speech is treated fairly.

Under SB 383, users in the state could sue any owner or operator of a social media website that purposely censors a user’s political or religious speech. The measure applies to deleted posts or the use of algorithms to suppress such speech.

The websites would be immune from liability if any censored posts called for immediate acts of violence or enticed criminal conduct.

It would also exempt posts involved in bullying minors, false impersonation or those from an inauthentic source.

The measure does not apply to individual users who censor the speech of other users.

Users above the age 18 could seek damages of a minimum of $75,000 per intentional deletion or censoring of that user’s speech, along with actual damages and punitive damages if aggravating factors are present. The prevailing party may also be awarded costs and reasonable attorney fees.

SB 383 now moves to the House of Representatives for further consideration.

Senate approves Delayed Sentencing Program bill A measure to allow more people to qualify for the state’s Delaying Sentencing Program for Young Adults received unanimous approval last week by the Senate.

Sen. Michael Brooks, D-Oklahoma City, is the author of Senate Bill 140 to allow nonviolent, first-time male offenders to participate in the program up to the age of 25, rather than 21.

The Department of Corrections (DOC) started the program, also known as the Regimented Inmate Discipline (RID) program, which is a deferred sentencing option for young adults who aren’t juveniles or youthful offenders. To be eligible for the program, offenders must be between the ages of 18-21 as of the date of a guilty verdict or a guilty/no contest plea for a nonviolent felony offense or a juvenile who has been certified to stand trial as an adult for a nonviolent felony offense, who has no charges pending for a violent offense.

The offender also cannot have been convicted for several crimes including assault and battery, first- or second-degree murder, kidnapping, any crime against a child or any kind of drug trafficking.

Participants go through a strict “boot camp” type program where they learn respect for authority, themselves and others. Services while in the program include counseling, psychiatric or medical treatment, education or vocational training, work, restitution, and other program help in their rehabilitation. Sentencing is delayed until the individual finishes the program at which time, a judge can defer the judgment, sentence the offender, suspend the sentence, sentence the individual to community sentencing or dismiss the criminal charges altogether.

SB 140 was requested by DOC as the number of qualified participants dropped dramatically after State Question 780 changed simple possession to a misdemeanor. Given the success of the program, the agency asked that the maximum age for participants be increased for the state to fully utilize the program.

The measure will now be considered by the state House.

—Compiled by Tim Farley, Southwest Ledger