§ 63-5052. Opportunity for hearing before Authority - Record - Review by Administrator - Judicial review.

A.  Any applicant or recipient, adversely affected by a decision of the Oklahoma Health Care Authority on benefits or services provided pursuant to the provisions of this title, shall be afforded an opportunity for a hearing pursuant to the provisions of subsection B of this section after such applicant or recipient has been notified of the adverse decision of the Authority.

B.  1.  Upon timely receipt of a request for a hearing as specified in the notice of adverse decision and exhaustion of other available administrative remedies, the Authority shall hold a hearing pursuant to the provisions of rules promulgated by the Oklahoma Health Care Authority Board pursuant to this section.

2.  The record of the hearing shall include, but shall not be limited to:

a.all pleadings, motions, and intermediate rulings,

b.evidence received or considered,

c.any decision, opinion, or report by the officer presiding at the hearing, and

d.all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.

3.  Oral proceedings shall be electronically recorded by the Authority.  Any party may request a copy of the tape recording of such person's administrative hearing or may request a transcription of the tape recording to comply with any federal or state law.

C.  Any decision of the Authority after such a hearing pursuant to subsection B of this section shall be subject to review by the Administrator of the Oklahoma Health Care Authority upon a timely request for review by the applicant or recipient.  The Administrator shall issue a decision after review.  A hearing decision of the Authority shall be final and binding unless a review is requested pursuant to the provisions of this subsection.  The decision of the Administrator may be appealed to the district court in which the applicant or recipient resides within thirty (30) days of the date of the decision of the Administrator as provided by the provisions of subsection D of this section.

D.  Any applicant or recipient under this title who is aggrieved by a decision of the Administrator rendered pursuant to this section may petition the district court in which the applicant or recipient resides for a judicial review of the decision pursuant to the provisions of Sections 318 through 323 of Title 75 of the Oklahoma Statutes.  A copy of the petition shall be served by mail upon the general counsel of the Authority.

Added by Laws 1997, c. 137, § 1, emerg. eff. April 22, 1997.