Bill > SJR50

Introduced Session

A Joint Resolution approving certain proposed permanent rules of the Oklahoma Health Care Authority; and directing distribution. AUTHORS: Remove Representative Kendrix as principal House author and substitute with Representative Eaves Add the following House Coauthors: Kendrix and Hilbert AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill and insert: "A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 2 of Article XXV-A of the Constitution of the State of Oklahoma; modifying duty of State of Oklahoma to provide funding for certain persons pursuant to federal Medicaid program based on modification of certain matching amount of funding provided by the federal government; providing for repeal of Sections 1, 2, 3, and 4 of Article XXV-A of the Constitution based upon modification of federal funding provisions in the Medicaid program; ordering a legislative referendum; providing for enactment of statutory provisions related to Medicaid funding based on modification of certain matching amount of funding provided by the federal government; prescribing procedures for notification to the Secretary of State, the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate; imposing duties on the Attorney General for notification of events related to modification of federal Medicaid funding; providing ballot title; and directing filing. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE: SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to the Constitution of the State of Oklahoma by repealing Sections 1, 2, as amended by Section 2 of this measure, 3, and 4 of Article XXV-A of the Oklahoma Constitution. The repeal of these sections shall only become effective as law if the question contained in this measure is both approved by the people and also if the federal government modifies the federal medical assistance percentage (FMAP). If the federal medical assistance percentage (FMAP) established under 42 U.S.C., Section 1396d(y) is modified, then within fifteen (15) days of the effective date of such modification, the Attorney General shall send a certification of that event to the Secretary of State, the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the Oklahoma State Senate. Each and every one of those public officials, acting together or separately as required, shall take such steps as necessary to cause the provisions of the Oklahoma Constitution to be modified in order to make the repeal of Sections 1, 2, 3, and 4 of Article XXV-A of the Oklahoma Constitution effective as law. Such actions shall be completed not later than fifteen (15) days after the latest date upon which any one of the public officials receive the certification required by the provisions of this section. SECTION 2. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 2 of Article XXV-A of the Constitution of the State of Oklahoma to read as follows: Section 2. A. In addition to those otherwise eligible for medical assistance under Oklahoma's Medicaid program, the State shall, until the conditions described in subsection B of this section occur, provide medical assistance under Oklahoma's Medicaid program to Low Income Adults and for medical services at health care facilities for which the State receives a match of one hundred percent (100%) pursuant to federal law. B. No greater or additional burdens or restrictions on eligibility or enrollment shall be imposed on persons eligible for medical assistance pursuant to this Article than on any other population eligible for medical assistance under Oklahoma's Medicaid programIf the federal medical assistance percentage (FMAP) established under 42 U.S.C., Section 1396d(y) is reduced below ninety percent (90%), then the constitutional duty imposed on the State by subsection A of this section shall cease to have effect, notwithstanding any subsequent increases to such FMAP; provided, however, this subsection shall not be construed to prohibit the Legislature from enacting laws to provide Medicaid coverage to Low Income Adults. The provisions of this subsection shall not be applicable to medical services at health care facilities for which the State receives a match of one hundred percent (100%) pursuant to federal law. SECTION 3. Pursuant to Section 3 of Article V of the Oklahoma Constitution, there is hereby ordered the following legislative referendum which shall be filed with the Secretary of State and addressed to the Governor of the state, who shall submit the same to the people for their approval or rejection. The enactment of Sections 4, 5, and 6 of this measure shall only occur if this measure is both approved by the people and also if the federal government modifies the federal medical assistance percentage (FMAP). If the federal medical assistance percentage (FMAP) established under 42 U.S.C., Section 1396d(y) is modified, then within fifteen (15) days of the effective date of such change, the Attorney General shall send a certification of that event to the Secretary of State, the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the Oklahoma State Senate. Each and every one of those public officials, acting together or separately as required, shall take such steps as necessary to cause the statutory provisions contained in Sections 4, 5, and 6 of this measure to become effective as law and to cause those provisions to become part of the Oklahoma Statutes in the same manner as other enacted statutes. Such actions shall be completed not later than fifteen (15) days after the latest date upon which any one of the public officials receive the certification required by the provisions of this section. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 7401 of Title 63, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Centers for Medicare and Medicaid Services" or "CMS" refers to the agency responsible for administering the Medicaid program at the federal level, including review and approval of State Plan Amendments; 2. "Low-income adults" refers to those individuals over age eighteen (18) and under age sixty-five (65) whose income does not exceed one hundred thirty-three percent (133%) of the federal poverty level, as described by and using the income methodology provided in the federal Medicaid statute at 42 U.S.C., Section 1396a(a)(10)(A)(i)(VIII), and who meet applicable nonfinancial eligibility conditions for Medicaid under 42 CFR, Part 435, Subpart E; 3. "Medical assistance" means payment of part or all of the cost of the care and services, or the care and services themselves, or both, as provided in the federal Medicaid statute, 42 U.S.C., Section 1396 et seq.; 4. "Oklahoma Health Care Authority" refers to the single state agency responsible for administering the Oklahoma Medicaid program pursuant to 42 U.S.C., Section 1396a(a)(5); and 5. "State Plan Amendment" refers to the document(s) the state submits to the Centers for Medicare and Medicaid Services for review and approval before making a change to its program policies, including setting forth the groups of individuals to be eligible for medical assistance. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 7402 of Title 63, unless there is created a duplication in numbering, reads as follows: In addition to those otherwise eligible for medical assistance under Oklahoma's Medicaid program, the state shall provide medical assistance under Oklahoma's Medicaid program to low-income adults and for medical services at health care facilities for which the State receives a match of one hundred percent (100%) pursuant to federal law. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 7403 of Title 63, unless there is created a duplication in numbering, reads as follows: The Oklahoma Health Care Authority shall take all actions necessary to maximize federal financial participation in funding medical assistance pursuant to this act. SECTION 7. The Ballot Title for the proposed Constitutional amendment repealing Sections 1, 2, as amended by Section 2 of this measure, 3, and 4 of Article XXV-A of the Oklahoma Constitution and the enactment of statutory provisions related to Medicaid as set forth in Sections 4 through 6 of this measure shall be in the following form: BALLOT TITLE Legislative Referendum No. ____ State Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure proposes an amendment to the Oklahoma Constitution by repealing Sections 1, 2, 3, and 4 of Article 25-A, and it also proposes the enactment of substantially the same language from those constitutional sections as statutes. The repeal of the constitutional sections and the enactment of statutes to replace those constitutional provisions would not occur unless the federal government reduces the amount of money it pays to states in order to operate the Medicaid program. It also proposes an amendment to Section 2 of Article 25-A which relates to Medicaid. This change in the Constitution would become effective if this measure is approved by the voters. The change is related to the amount of money the federal government provides for the Medicaid program. If the federal government reduced the amount of money that it pays to states for the Medicaid program to less than ninety percent (90%), then Oklahoma would not be required to provide funding to pay medical costs in the Medicaid program for certain low-income adults. If this measure is approved and if the federal government modifies the amount of money it pays to states for the Medicaid program, then all of the provisions in the Oklahoma Constitution related to Medicaid would be repealed, but the substantive language related to Medicaid from the constitutional sections would become enacted as statutes of the State of Oklahoma. The statutes could be amended, repealed, or otherwise modified by the Legislature pursuant to the same procedures that allow enactment of laws during any regular or extraordinary session of the Legislature. If the federal government makes funding changes in the Medicaid program, the Attorney General would notify several public officials and the officials would have fifteen (15) days to update the text of the Constitution and Oklahoma Statutes. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES _____________ AGAINST THE PROPOSAL — NO _____________ SECTION 8. The Chief Clerk of the House of Representatives, immediately after the passage of this measure, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 7 hereof, with the Secretary of State and one copy with the Attorney General." Passed the House of Representatives the 7th day of May, 2026. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2026. Presiding Officer of the Senate ENGROSSED SENATE JOINT RESOLUTION NO. 50 By: Bergstrom of the Senate and Kendrix of the House A Joint Resolution approving certain proposed permanent rules of the Oklahoma Health Care Authority; and directing distribution.

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Micheal Bergstrom (R)*,  Ryan Eaves (R)*,  Kyle Hilbert (R),  Gerrid Kendrix (R), 

HAs read (on 05/14/2026)

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