Okla. Admin. Code § 317:55-3-3

Current through Vol. 42, No. 4, November 1, 2024

Section 317:55-3-3 - Enrollee rights

(a) In accordance with 42 C.F.R. § 438.100, state and federal regulations, and all contractual requirements, the CE and DBM shall allow the Enrollee the right to:

(1) Receive information on the Sooner Select program and the CE or DBM;

(2) Receive information on all available treatment options and alternatives;

(3) Participate in decisions regarding their healthcare;

(4) Free from any form of restraint or seclusion used as a means of coercion, discipline, convenience, or retaliation; and

(5) Request and receive a copy of their medical records in accordance with all HIPAA rules.

(b) Each Enrollee is free to exercise their rights without the CE or DBM treating them adversely.

(c) The CE or DBM may not otherwise discriminate against Enrollees on the basis of race, color, national origin, sex, sexual orientation, gender identity, health status, need for medical services, or disability and may not use any policy or practice that has the effect of discriminating on the basis of race, color or national origin, sex, sexual orientation, gender identity, or disability. If the CE or DBM fails to comply with OAC 317:55-3-3, the OHCA may impose any or all the CE intermediate sanctions, found at OAC 317:55-5-10 and the CE Contract, or DBM administrative remedies, found at OAC 317:55-5-11 and the DBM Contract.

Okla. Admin. Code § 317:55-3-3

Adopted by Oklahoma Register, Volume 39, Issue 10, February 1, 2022, eff. 12/21/2021

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022

Amended by Oklahoma Register, Volume 40, Issue 16, May 1, 2023, eff. 7/1/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/1/2024