§ 56-1010.13. Representatives of incompetent Medicaid beneficiaries.

A Medicaid beneficiary, including, but not limited to, a beneficiary currently enrolled in a fully or partially capitated managed care delivery model pursuant to the provisions of the Oklahoma Medicaid Healthcare Options System, who is not medically or legally competent may have another person act on the beneficiary’s behalf for purposes of enrollment or reenrollment into any of the managed care delivery models.  A person so authorized shall be a member of one of the following classes of persons:

1.  An authorized representative pursuant to the provisions of 20 U.S. Code of Federal Regulations, Section 404.2021;

2.  The beneficiary’s spouse;

3.  The guardian of the person appointed pursuant to the Oklahoma Guardianship and Conservatorship Act;

4.  The attorney-in-fact for health care decisions acting pursuant to the provisions of the Uniform Durable Power of Attorney Act or the health care proxy acting pursuant to the provisions of the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act;

5.  A child of the beneficiary who is at least eighteen (18) years of age;

6.  A parent of the beneficiary; or

7.  A brother or sister of the beneficiary who is at least eighteen (18) years of age.

Added by Laws 1999, c. 416, § 1, eff. Nov. 1, 1999.  Amended by Laws 2003, c. 2, § 2, emerg. eff. March 17, 2003.