US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 56

POOR PERSONS

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§56-26.1.  Repealed by Laws 1957, p. 455, § 7.

§56-26.2.  Repealed by Laws 1957, p. 455, § 7.

§5626.3.  Purpose of act.

It shall be the purpose of this act to:

1.  Provide aid and assistance for indigent or unemployable citizens of the state who meet the minimum requirements hereinafter described;

2.  Provide temporary emergency assistance to those victims of emergencies resulting from fire, flood, tornado and other acts of God; and

3.  Provide for the receipt, warehousing, transporting and distributing of any item of value donated to the State of Oklahoma by the United States Department of Agriculture, or any other agency of the federal government, or any agency or subdivisions of state, county or city government, with whom the Oklahoma Emergency Relief Board enters into a contract.

Added by Laws 1951, p. 151, § 3, emerg. eff. April 5, 1951.  Amended by Laws 1994, c. 87, § 1, eff. Sept. 1, 1994.

§56-26.4.  Repealed by Laws 1957, p. 455, § 7.

§5626.5.  Definitions.

A.  The word "unemployable", as used in this act, is hereby defined as meaning those persons who are unable to:

1.  Secure employment due to physical or mental disability, infirmity, temporary illness, or other disability which prevents such person from securing employment; or

2.  Secure employment due to Federal Relief Administration rules regarding age requirements or work relief programs; or

3.  Secure employment due to ineligibility for workmen's compensation insurance; and

4.  Leave their homes to procure employment because of illness of persons who are in their care and who require constant supervision and attention.

B.  "Indigent" means a person who does not have sufficient property or means to support members of his or her family who are lawfully dependent upon him or her for support, and who has no one legally liable to support and maintain him or her.

Added by Laws 1951, p. 151, § 5, emerg. eff. April 5, 1951.  Amended by Laws 1994, c. 87, § 2, eff. Sept. 1, 1994.

§5626.6.  Eligibility for assistance.

(A) Any person in order to be eligible to receive assistance under the provisions of this act must have been a bona fide citizen and actual resident of this state for a period of one (1) year immediately prior to the date of application for assistance provided by this act.

(B) Other minimum requirements will be established by rules and regulations promulgated by the Board and adopted by said Board in official meeting.

(C) Repealed by Laws 1957, p. 455, § 7, emerg. eff. Jan. 22, 1957.

Added by Laws 1951, p. 152, § 6, emerg. eff. April 5, 1951.  Amended by Laws 1957, p. 455, § 7, emerg. eff. Jan. 22, 1957.

§5626.7.  Temporary relief employment of destitute but ablebodied persons.

The Oklahoma Emergency Relief Board may provide temporary relief employment to destitute but ablebodied persons not otherwise cared for by the federal government, state or county agencies, public or private charity organizations or institutions; provided, that the maximum amount paid for such employment does not exceed the maximum amount paid to a destitute and unemployable person, and such employment shall be granted in accordance with rules and regulations promulgated by said Board.

Added by Laws 1951, p. 152, § 7, emerg. eff. April 5, 1951.

§5626.8.  Victims of disasters.

Emergency assistance may be extended to victims of disasters as a result of fire, flood, tornado and other acts of God, but such assistance shall be for a period of not to exceed ninety (90) days, unless the applicant meets all requirements for general relief assistance.

Added by Laws 1951, p. 152, § 8, emerg. eff. April 5, 1951.

§5626.9.  Equipment of governmental agencies, use of.

Any department or institution of the state, or of any county, city, town or school district, is hereby authorized to permit any of its equipment to be used by the Oklahoma Emergency Relief Board; provided, that the cost of utilizing any equipment of such agencies of government shall be paid for by the Oklahoma Emergency Relief Board out of funds appropriated to carry out the purposes of this act.

Added by Laws 1951, p. 152, § 9, emerg. eff. April 5, 1951.

§5626.10.  Direct relief.

(A) The Oklahoma Department of Institutions, Social and Rehabilative Services is authorized to maintain a general relief fund account for direct relief purposes, and monies allocated to said fund shall be made, upon order of the Oklahoma Department of Institutions, Social and Rehabilitative Services, direct to the State Budget Director; the State Treasurer shall thereupon issue his warrant to credit said funds to the General Relief Account, as provided herein.

(B) Payments made to eligible clients for direct relief shall be disbursed to said clients from or through the state office of the Oklahoma Department of Institutions, Social and Rehabilitative Services.

(C) No grant made to a client under the provisions of this act shall be subject to assignment for discount, garnishment, or other means of final process.

(D) Where a voucher is issued by the Oklahoma Department of Institutions, Social and Rehabilative Services a copy of the voucher register shall be furnished the State Treasurer for the purpose of paying out any money subject to disbursement under direction of the Oklahoma Department of Institutions, Social and Rehabilitative Service; any right to payment on such voucher, or to recover thereon, shall cease after six (6) months from the date of registration, which registration shall then be cancelled, and any obligation represented thereby against the funds, or otherwise, shall then expire.

Added by Laws 1951, p. 152, § 10, emerg. eff. April 5, 1951.  Amended by Laws 1979, c. 47, § 27, emerg. eff. April 9, 1979.

§56-26.11.  Repealed by Laws 1957, p. 455, § 7.

§56-26.12.  Repealed by Laws 1957, p. 455, § 7.

§5626.13.  Abolition of Oklahoma Emergency Relief Board.

The Oklahoma Emergency Relief Board is hereby abolished.

Added by Laws 1957, p. 454, § 1, emerg. eff. Jan. 22, 1957.

§5626.14.  Transfer of properties, records and funds to Department of Public Welfare.

(A) All properties, records, equipment and supplies now owned and in use by the Oklahoma Emergency Relief Board shall be transferred to and become the property of the State Department of Public Welfare.

(B) All contracts, leases, and such other agreements as may have been entered into by the Oklahoma Emergency Relief Board, and such responsibilities as are in effect on the effective date of this act, shall be assumed by and become binding upon the State Department of Public Welfare and the Oklahoma Public Welfare Commission.

(C) All unexpended funds to the credit of the Oklahoma Emergency Relief Board shall be transferred by the State Treasurer to the State Department of Public Welfare and placed in a separate account with said State Treasurer.  The account to be known as "Oklahoma Emergency and General Assistance Account."

Added by Laws 1957, p. 454, § 2, emerg. eff. Jan. 22, 1957.

§5626.15.  Contracts.

The Oklahoma Public Welfare Commission is authorized to enter into contracts with the various agencies of the United States Government, or any agency or subdivision of state, county or city government, for the purpose of receiving for the State of Oklahoma, items of food, clothing or other things of value which may be donated and used by schools, penal or eleemosynary institutions, or by any citizen, public or private charitable organization that may be designated as an eligible recipient of the item by the donating agency with which the Commission has entered into contractual agreement.

Added by Laws 1957, p. 455, § 3, emerg. eff. Jan. 22, 1957.

§5626.16.  Rules and regulations  Payments.

The Director of Human Services, subject to the approval of the Oklahoma Commission for Human Services, is hereby authorized and directed to promulgate rules and regulations establishing policies with reference to eligibility of applicants for general assistance and emergency relief and the maximum sums that may be allocated to those persons having met the minimum requirements and declared as eligible for participation in accordance with the provisions of this act, subject to the availability of funds.  Provided that the minimum payment shall not be less than Ten Dollars ($10.00) and the maximum payment shall not be more than the standard for aid to families with dependent children.

Added by Laws 1957, p. 455, § 4, emerg. eff. Jan. 22, 1957.  Amended by Laws 1984, c. 263, § 13, operative July 1, 1984.

§56-26.17.  Department of Human Services - Classification of employees.

A.  The Director of Human Services, subject to the approval of the Commission for Human Services, shall have the power to employ and fix the qualifications, duties and compensation of employees necessary to the fulfillment of the provisions of this act, and shall have the power to approve any legal claim for payment.

B.  The Department of Human Services shall be a Merit System agency.  The provisions of this section shall supersede and revoke any and all Executive Orders placing the Department of Human Services or its predecessors under the provisions of the Merit System of Personnel Administration.

C.  In addition to offices, positions, and personnel in the unclassified service pursuant to Sections 840-5.3 and 840-5.5 of Title 74 of the Oklahoma Statutes, the following offices, positions, and personnel shall be in the unclassified service:

1.  Campus police appointed pursuant to Section 162.2 of this title;

2.  The legal division or unit established pursuant to Section 236 of this title;

3.  The Construction Unit and the Architectural and Engineering Unit or their successor units; and

4.  A maximum of five percent (5%) of the maximum number of full-time-equivalent positions authorized by law to the Department of Human Services and selected at the discretion of the Director of the Department of Human Services.  Employees retained in the unclassified service under the provisions of this section shall be employees at will.  Any classified employee occupying a position selected by the Director pursuant to this paragraph to become an unclassified position may elect to retain classified status.  All future appointees to such position shall be in the unclassified service.  The Director shall submit a list of such positions to the Office of Personnel Management by September 1, 2004, and annually thereafter.

D.  All other offices, positions and personnel of the Department of Human Services shall be classified and subject to the provisions of the Merit System of Personnel Administration, as provided in the Oklahoma Personnel Act and rules promulgated thereunder.

Added by Laws 1957, p. 455, § 5, emerg. eff. Jan. 22, 1957.  Amended by Laws 1994, c. 242, § 42; Laws 2001, c. 278, § 1, emerg. eff. May 31, 2001; Laws 2004, c. 541, § 1, emerg. eff. June 9, 2004; Laws 2005, c. 409, § 1, eff. Sept. 1, 2005.

§56-26.18.  Application for relief - Allowance of false claims - Penalty.

Every applicant for emergency relief or general assistance shall make a written application, containing a written certification, under penalty of perjury, alleging that all facts set out in such application are true and correct.  And said application shall be forthwith acted upon, with dispatch and without delay.

Any person, whose duty it is to pass upon the eligibility of persons to participate in any benefits provided in this act, who shall knowingly, willfully or intentionally allow, or cause to be allowed, any claim to any person known to be ineligible for such relief, or, who aids, or abets, or persuades any person to sign an application to obtain by means of a willfully false statement or representation or other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled shall be guilty of a felony, and upon conviction thereof shall be imprisoned not less than one (1) year or more than five (5) years or be fined not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00), or be both so fined and imprisoned in the discretion of the court.

Added by Laws 1957, p. 455, § 6, emerg. eff. Jan. 22, 1957.  Amended by Laws 1984, c. 263, § 12, operative July 1, 1984; Laws 1997, c. 133, § 497, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 362, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 497 from July 1, 1998, to July 1, 1999.

§5627.1.  Community work and training program.

The term community work and training program shall be defined as follows:  A plan jointly entered into between the Department of Public Welfare and an agency, department, board or commission of the state or federal government, county, city or municipal corporation which is subject to approval of the Department of Public Welfare under which the state or federal government, county, city or municipal corporation undertakes to provide work in and about public works or improvements, utilizing labor and services required to be performed by applicants or recipients of public assistance.

Added by Laws 1967, c. 236, § 1, emerg. eff. May 4, 1967.

§5627.2.  Rules and regulations.

The Department of Public Welfare is empowered and directed to adopt such rules and regulations as will make a community work and training program fair, efficient and workable.

Added by Laws 1967, c. 236, § 2, emerg. eff. May 4, 1967.

§5627.3.  Work assignments  Duration of work  Earnings.

When the state or federal government or any agencies thereof, a county, city or municipal corporation has undertaken, or is about to undertake, a program which is for the benefit of the general public or any segment thereof, said state agency, county, city or municipal corporation may enter into an agreement with the Department of Public Welfare wherein and whereby the Department of Public Welfare may assign unemployed employable persons who have attained the age of sixteen (16) and who are eligible for assistance to do and perform work and labor on behalf of said state, or federal government, county, city or municipal corporation and such person shall perform, if available, work and labor for such state, or federal government, county, city or municipal corporation for the length of time necessary to earn at the legal minimum wage or the going hourly rate prevailing in the area for labor of like kind, whichever is higher, an amount of money equal to the amount of assistance granted to such person and the assistance unit of which he or his dependents is a part.

Added by Laws 1967, c. 236, § 3, emerg. eff. May 4, 1967.

§5627.4.  Suspension or denial of assistance for failure to work or misconduct.

Any person assigned to a community work and training program may be denied assistance or may be suspended for such time as may be fixed by the rules and regulations of the Department of Public Welfare if such person without good cause:

(1) Fails or refuses to satisfactorily perform the labor or services as may be assigned to him;

(2) Fails or refuses to report to work under such a program when and as directed by the state, or federal government, county, city or municipal corporation or by his foreman, overseer or other supervisor therein;

(3) Abandons or repeatedly absents himself from work;

(4) Is insubordinate to his foreman, overseer or other supervisor therein;

(5) Fails or refuses to take due precaution for the safety of himself or others or to use safety clothing or equipment made available to him; or

(6) Is guilty of misconduct connected with such work.

Added by Laws 1967, c. 236, § 4, emerg. eff. May 4, 1967.

§5627.5.  Approval of projects.

All community work and training programs, before an applicant or recipient of public assistance shall be assigned, shall have met the approval of the Department of Public Welfare; provided, that the state, or federal government, county, city or municipal corporation utilizing assistance applicants or recipients for work and labor shall insure that such employment is covered by workmen's compensation, or a similar plan approved by the Department of Public Welfare, and all fees and charges for such coverage shall be paid by such state, or federal government, county, city or municipal corporation except that portion which is paid for medical aid and is properly chargeable to such applicant or recipient of assistance.

Added by Laws 1967, c. 236, § 5, emerg. eff. May 4, 1967.

§5627.6.  Furnishing transportation, tools, equipment and supervision.

The state, or federal government, county, city or municipal corporation utilizing assistance applicants or recipients for work and labor shall furnish, where necessary, transportation, protective clothing and necessary tools and equipment for individuals performing such work or labor and shall take such measures as are necessary to insure that adequate supervision is provided on all such programs.

Added by Laws 1967, c. 236, § 6, emerg. eff. May 4, 1967.

§5627.7.  Nature of work  Effect on regular workers.

The work performed on a community work and training program by a recipient of public assistance must serve a useful public purpose, must not displace regular workers or result in the performance by such persons of work that would otherwise be performed by employees of public or private agencies, institutions or organizations except in case of projects which are of emergency or are nonrecurring.

Added by Laws 1967, c. 236, § 7, emerg. eff. May 4, 1967.

§5627.8.  Effect of work on right to assistance.

Work and labor performed by an applicant or recipient of public assistance on a community work and training program shall not be deemed such employment as shall deprive such person of any rights or benefits available under the provisions of law granting public assistance.

Added by Laws 1967, c. 236, § 8, emerg. eff. May 4, 1967.

§5627.9.  Termination of agreement.

The Department of Public Welfare shall have the right to terminate unilaterally any agreement entered into pursuant to this act with the state or federal government or any agency thereof, a county, city or municipal corporation whenever the community work and training program contemplated by such agreement fails, for any reason, to meet any of the provisions of law relating to community work and training or the purposes thereof, or any rule or regulation promulgated by the Department hereunder.

Added by Laws 1967, c. 236, § 9, emerg. eff. May 4, 1967.

§5627.10.  Department of Public Welfare  Scope of participation.

The State Department of Public Welfare may participate in community work and training programs financed in whole or in part with federal funds, and may submit a new or amended state plan for such purposes to any appropriate federal agency and enter into agreements with any federal agency for such purpose, and comply with requirements necessary to obtain federal funds for such work and training programs; and may provide either for the establishment and operation of such programs, or for cooperation with a federal administrative agency in the operation of such programs, as may be required under federal legislation now or hereafter enacted, providing federal funds for such programs.

Added by Laws 1967, c. 236, § 10, emerg. eff. May 4, 1967.

§5627.11.  Conflicts with federal law.

If any of the provisions of this act shall be in conflict with any applicable federal statutes, rules and regulations, such federal statutes, rules and regulations shall prevail and be controlling, until such time as the federal statute, rules and regulations shall be revised to conform to this act.

Added by Laws 1967, c. 236, § 11, emerg. eff. May 4, 1967.

§5628.1.  Planned parenthood  Educational materials and information.

Whenever a person receiving public assistance makes a request therefor, the Department of Public Welfare shall furnish to such person educational materials and information with respect to achieving a planned parenthood; or refer such person to a Family Planning Center, organization or agency where the same may be obtained.  Every such person shall be advised that he or she is a free agent to accept or not to accept advice and counsel thus furnished or obtained; and that his or her refusal or failure to avail himself or herself of such materials, information or advice will in no way affect the person's right to receive assistance, or his or her right to take advantage of any other public program.

Added by Laws 1967, p. 723, H.J.R. No. 522, § 1.

§5628.2.  Medical services.

The Department of Public Welfare is hereby authorized to pay, within the scope of its medical programs, for medical services rendered by licensed medical and osteopathic physicians in furtherance of such planned parenthood.

Added by Laws 1967, p. 723, H.J.R. No. 522, § 2.

§56-28.3.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§56-29.1.  Repealed by Laws 1993, H.J.R. No. 1018, § 5, eff. July 1, 1995.

§56-29.2.  Repealed by Laws 1993, H.J.R. No. 1018, § 5, eff. July 1, 1995.

§56-29.3.  Repealed by Laws 1993, H.J.R. No. 1018, § 5, eff. July 1, 1995.

§5631.  Overseers of the indigent.

The county commissioners of the counties of this state shall be overseers of the indigent for their respective counties, and shall perform all the duties with reference to the indigent of their counties that may be prescribed by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4525.  Amended by Laws 1994, c. 87, § 3, eff. Sept. 1, 1994.

§5632.  Duties of overseers.

The overseers of the indigent in each county shall have the oversight and care of all the indigent persons in their county so long as such persons remain a county charge.  Such overseers shall see that the indigent are taken care of in the manner provided by law, and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4526.  Amended by Laws 1994, c. 87, § 4, eff. Sept. 1, 1994.

§56-32.1.  Authority to establish county department.

In all counties of this state having a population in excess of two hundred thousand (200,000), as shown by the last Federal Decennial Census, the boards of county commissioners are hereby given authority in their respective counties to establish a department which shall be known as the "Human Services Center" or "Social Services Center," wherein may be housed the "Indigent Care Facility" and any other services for the care of the indigent which the board of county commissioners may deem to be in the best interests of their respective counties and the welfare of the people therein.

Added by Laws 1994, c. 87, § 5, eff. Sept. 1, 1994.

§56-32.2.  Director of Human Services - Social Services.

A.  Whenever, under the provisions of Section 5 of this act, a Human Services Center or Social Services Center for the indigent has been established in a county by the board of county commissioners, the board shall employ a person who is a resident of the county in which the center is established to take charge of such center upon such terms and under such restrictions as the board shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.  Such person shall also serve as overseer of the indigent.

B.  The person so employed shall be called the Director of Human Services/Social Services of said center and shall be appointed wholly on the basis of ability and experience qualifying him or her for the position of director.  The director shall serve at the pleasure of the board and the salary of the director shall be fixed by the board of county commissioners.  The salary of the director shall be exempt from the provisions of the comprehensive salary code as provided in Section 180.67 of Title 19 of the Oklahoma Statutes, but shall not exceed ninety percent (90%) of the salary of the county commissioner.

Added by Laws 1994, c. 87, § 6, eff. Sept. 1, 1994.

§56-32.3.  Employment of pharmacists and doctors - Compensation - Blanket bond.

A.  A person employed as a pharmacist by a board of county commissioners to distribute medical prescriptions and medical supplies to indigents in any county of this state having a population greater than three hundred fifty thousand (350,000) persons according to the last federal decennial census, shall receive as compensation a salary to be fixed by the board of county commissioners for his or her services.  Such compensation shall be paid out of the general operating fund of the county.  The compensation of the pharmacist shall be exempt from the provisions of the Comprehensive Salary Code as provided in Section 180.67 of Title 19 of the Oklahoma Statutes.

B.  The board of county commissioners of any county of this state having a population greater than five hundred thousand (500,000) persons according to the last Federal Decennial Census, may employ an Oklahoma licensed allopathic or osteopathic doctor to provide professional medical services, as directed by the commissioners, for indigent patient care and care for adult and juvenile offenders.  The allopathic or osteopathic doctor shall also provide education, training, and other necessary services, as directed by the commissioners, to enhance the health and well-being of county employees and county citizens.  Compensation for an allopathic or osteopathic doctor who is employed by the county shall be set by the board of county commissioners and paid out of the general operating fund of the county.  The compensation of an allopathic or osteopathic doctor employed by the commissioners shall be exempt from the provisions of the Comprehensive Salary Code pursuant to Section 180.67 of Title 19 of the Oklahoma Statutes.

C.  The pharmacist or allopathic or osteopathic doctor shall be covered by the blanket bond of the county.

Added by Laws 2002, c. 40, § 1, emerg. eff. April 11, 2002.  Amended by Laws 2003, c. 45, § 1, eff. Nov. 1, 2003.

§5633.  County to support indigent persons  Power to provide indigent care facility.

Every county of this state shall relieve and support all indigent persons lawfully residing therein, whenever they shall actually need assistance, and shall allow such temporary relief to persons not residing therein as shall be actually necessary pending the ascertainment of his or her legal residence.  The boards of county commissioners of the respective counties of this state may, if they deem it to be in the best interests of the county, purchase land for a county indigent care facility and erect such buildings and make such other improvements thereon as shall be necessary to establish a county indigent care facility for such indigent of the county.  The board of county commissioners is hereby given authority in their respective counties to place all indigent persons who are desirous of, needing and entitled to support from the county in such facility; and to receive into such facility all indigent and homeless persons who are in need of shelter or a place to convalesce; provided, however, that the boards of county commissioners shall not establish any county indigent care facility in any county of this state, having a valuation of less than Seven Million Dollars ($7,000,000.00), at a greater expense to the county, for lands and improvements thereon, than the sum of Five Thousand Dollars ($5,000.00); in counties having a valuation of more than Seven Million Dollars ($7,000,000.00), and less than Fifteen Million Dollars ($15,000,000.00), at a greater expense to the county, for lands and improvements thereon, than the sum of Ten Thousand Dollars ($10,000.00); in counties having a valuation of Fifteen Million Dollars ($15,000,000.00), and up to Fifty Million Dollars ($50,000,000.00), at a greater expense to the county, for lands and improvements thereon, than the sum of Fifteen Thousand Dollars ($15,000.00); and in counties having Fifty Million Dollars ($50,000,000.00), valuation or more, at a greater expense to the county, for lands and improvements thereon, than the sum of Forty Thousand Dollars ($40,000.00), without having submitted the proposition for the establishment of such facility to a vote of the people of the county at some general election, at which it shall take a majority of all votes cast to carry the proposition.

R.L. 1910, § 4527.  Amended by Laws 191011, c. 13, p. 30, § 1; Laws 1994, c. 87, § 7, eff. Sept. 1, 1994.

§5634.  County may rent indigent care facility.

Such counties of the State of Oklahoma as are not ready or able to purchase or erect an indigent care facility, but which desire a place to keep the indigent of the county together, are authorized to rent a suitable place and establish an indigent care facility in all other respects the same as though such county or counties had purchased an indigent care facility, and thus obtained a facility for the indigent, except that instead of levying a tax to pay for such facility, the overseers shall levy a tax annually to pay the rental of such facilities.

R.L. 1910, § 4528.  Amended by Laws 1994, c. 87, § 8, eff. Sept. 1, 1994.

§5635.  Where county has no indigent care facility.

It shall be the duty of the overseers of the indigent in counties where no common indigent care facility is established, two (2) weeks next preceding the first Monday of April, in each year, to give public notice by having published in the newspaper or newspapers in their respective counties, or in case no such newspaper is published in the county, by posting upon three public places in the county, an advertisement certifying the indigent that are to be provided for and asking for sealed proposals for their maintenance during the coming year.  The sealed proposals shall be opened and acted upon by the overseers of the indigent at their regular meeting, beginning on the said first Monday in April; but nothing herein contained shall prohibit any overseers of the indigent from receiving and accepting propositions at any time for the keeping of such indigent persons as may in the interim become a county charge, or of rejecting the propositions of such persons as they know to be unable to fulfill their obligations to the indigent.

R.L. 1910, § 4529.  Amended by Laws 1994, c. 87, § 9, eff. Sept. 1, 1994.

§5636.  Form of relief.

The overseers of the indigent shall examine any application made to them by or on behalf of any indigent person for relief, and if such applicant has a residence in the county, they shall determine whether such relief is temporary and such as may be supplied by said overseers, or the applicant, if desired, shall be removed to the county indigent care facility.  If, in such case, the relief sought is temporary, or the person seeking relief cannot be removed, the relief shall be furnished by said overseers; if otherwise, and such indigent person can be removed, he or she shall be placed in the county indigent care facility.

R.L. 1910, § 4530.  Amended by Laws 1994, c. 87, § 10, eff. Sept. 1, 1994.

§5637.  Overseers to receive person removed  Appeal.

If any person be removed by process under this article, from any county in the state to any other county therein, as hereinbefore provided, the overseers of the poor of the county to which such poor person is removed, shall receive such person: Provided, that if the overseers of any county to which a poor person has been removed, shall feel aggrieved over said removal, they may appeal from said order of removal to the district court of the county whence the removal was made within twenty (20) days after notice of said removal, which appeal shall in other respects be taken as other appeals are taken from the probate court to the district court, and there be tried as other appeals are by law tried.

R.L. 1910, § 4531.

§5638.  Time of hearing appeal.

Such appeal shall be heard at the term of the court next after the same is filed therein, if in the opinion of the court reasonable notice of the appeal has been given the opposite party; but if not thus given, the cause shall stand continued until the next term of court, and notice of the appeal be then given, if not before done.

R.L. 1910, § 4532.

§5639.  Court may amend order of removal.

If the order of removal is defective, the court shall permit the same to be amended without costs, and after such amendment is made the appeal shall be heard and determined as if such order had not been defective.

R.L. 1910, § 4533.

§56-40.  Repealed by Laws 1976, c. 149, § 1.

§5641.  Commissioners to bring suits.

All suits and proceedings under this article, for the purpose of determining residence for obtaining relief, or resisting the same shall be in the name of the board of county commissioners of the county or counties concerned.

R.L. 1910, § 4535.

§5642.  Administrator of indigent care facility.

Whenever, under the provisions of this title, an indigent care facility for the indigent has been established by the overseers of the indigent of any county in this state, the overseers shall employ a resident of the county wherein the indigent care facility is erected to take charge of the same upon such terms and under such restrictions as such overseers shall consider most advantageous for the interests of the county and the welfare of the indigent persons residing in said facility.  The party so employed shall be called administrator of the county indigent care facility, and shall protect the property of the county in his or her charge and under his or her control, and shall faithfully discharge his or her duties as guardian of the indigent.  He or she shall be appointed by the Director of Human Services/Social Services and shall serve at his or her discretion.  At the end of each fiscal year, he or she shall make and transmit to the Director who shall file with the county clerk, to be considered by the board of county commissioners, a complete report of all business transacted by him or her as such administrator, and shall attach to such report an invoice of all the personal property in his or her possession as such administrator.  The administrator shall have authority to solicit as volunteers the indigent persons residing in such indigent care facility, who are able to do so, to labor in and about such facility, under his or her direction.  Said administrator shall have such salary as the said overseers shall fix, and in accordance with such laws regulating the salaries of county employees.

R.L. 1910, § 4536.  Amended by Laws 1994, c. 87, § 11, eff. Sept. 1, 1994.

§5643.  Repealed by Laws 1994, c. 87, § 31, eff. Sept. 1, 1994.

§5644.  Tax levy for indigent care facility.

The board of county commissioners may provide for a special tax each year, not to exceed onehalf (1/2) mill on the dollar, of the assessed valuation of said county, to be applied to the payment for an indigent care facility and improvements, thereon, until said facility is fully paid for.

R.L. 1910, § 4538.  Amended by Laws 1994, c. 87, § 12, eff. Sept. 1, 1994.

§5645.  Repealed by Laws 1994, c. 87, § 31, eff. Sept. 1, 1994.

§5646.  Duties when complaint is made.

In any county in this state where the indigent are cared for pursuant to the provisions of Section 33 of this title, it shall be the duty of the overseers of the indigent, on any complaint made to them in behalf of the indigent, to examine the grounds of such complaint, and if, in their judgment, the indigent have not been sufficiently provided with the common necessities of life, or have in any respect been illtreated by the person or persons under whose charge they shall have been placed, the overseers have the authority to withhold any part of the compensation allowed to such person or persons for keeping them, as such overseers may deem reasonable and proper, and remove said indigent and place them in the care of some other person.

R.L. 1910, § 4540.  Amended by Laws 1994, c. 87, § 13, eff. Sept. 1, 1994.

§5647.  Overseers to maintain documentation concerning indigent.

The overseers of the indigent shall compile and maintain documentation concerning the indigent of their respective counties who are unable to care for themselves, and who shall, in their judgment, be entitled to the benefits of the provisions of this title, together with the date of such entry.

R.L. 1910, § 4541.  Amended by Laws 1994, c. 87, § 14, eff. Sept. 1, 1994.

§5648.  Poor person may apply to district court.

If any poor person shall suppose that he is entitled to the benefit of the laws for the relief of the poor, and the overseers of the poor of the county in which he resides, shall refuse to give such person the benefit thereof, upon applicant of such person, the judge of the district court of the county, may, if he shall think proper, direct the said overseers of the poor to receive such person on the poor list, on his application therefor.

R.L. 1910, § 4542.

§5649.  Proceedings when legal residence not known.

If anyone within the description of indigent persons specified in this title, shall be found in any county, and the overseers of the indigent of such county shall be unable to ascertain and establish the last place of legal residence of such person, they shall proceed in their discretion to provide for such indigent person, in the same manner as other persons are hereby directed to be provided for by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4543.  Amended by Laws 1994, c. 87, § 15, eff. Sept. 1, 1994.

§5650.  Temporary relief.

Whenever any person entitled to temporary relief as an indigent person shall be in any county in this state in which he or she is not a legal resident, the overseers of the indigent thereof may, if the same is deemed advisable, grant such relief by placing him or her temporarily in the indigent care facility of such county, if there be one; but if there be no indigent care facility then they shall provide the same relief as is customary in cases where a legal residence has been obtained.

R.L. 1910, § 4544.  Amended by Laws 1994, c. 87, § 16, eff. Sept. 1, 1994.

§5651.  Overseers' account.

In any county in this state where the indigent are cared for pursuant to Section 33 of this title, the overseers of the indigent shall make an account to the clerk of the board of county commissioners of the sums of money required by the indigent of their respective counties, within fifteen (15) days after such contract hereinbefore provided for shall have been made, which sums shall be paid quarterly out of the county treasury, upon the order of the board of county commissioners in the same manner as other claims against the county are paid.

R.L. 1910, § 4545.  Amended by Laws 1994, c. 87, § 17, eff. Sept. 1, 1994.

§5652.  Compensation of overseers.

In any county in this state where the indigent are cared for pursuant to the provisions of Section 33 of this title, the overseers of the indigent in such county shall be entitled to receive the prevailing rate of pay per day for each and every day during which they shall be necessarily employed in the discharge of their several duties as such.

R.L. 1910, § 4546.  Amended by Laws 1994, c. 87, § 18, eff. Sept. 1, 1994.

§5653.  Submission of accounts and sworn statements of overseers.

In any county in this state where the indigent are cared for pursuant to the provisions of Section 33 of this title, the overseers of the indigent shall annually, at the first session of the board of county commissioners in the year, submit their accounts and make a sworn statement of their proceedings for the past year, which report shall be presented to the clerk of the board of county commissioners at least one (1) day prior to the meeting of said board.  The board may then credit and allow the accounts so presented, and may draw on the county treasurer therefor, whose duty it shall be to pay the same out of any money in the county treasury not otherwise appropriated.

R.L. 1910, § 4547.  Amended by Laws 1994, c. 87, § 19, eff. Sept. 1, 1994.

§5654.  Sickness or death of poor stranger.

A.  It shall be the duty of the overseers of the poor, on complaint made to them that any person not an inhabitant of their county is lying sick therein or in distress, without friends or money, so that he will likely suffer, to examine into the case of such person and grant such temporary relief as the nature of the same may require; and if any person shall die within any county, who shall not have money or means necessary to defray his funeral expenses, it shall be the duty of the overseers of the poor of such county to employ some person to provide for and superintend the burial of such deceased person.  Public cemeteries shall provide a burial plot at no cost at the request of the overseers of the poor or the person employed by the overseers of the poor to provide for and superintend the burial.  Public cemeteries shall also provide the service of opening and closing the grave for the purpose of interring the remains of the poor or indigent person.  The overseers of the poor of each county shall establish the necessary and reasonable expenses of the opening and closing services which shall be paid by the county treasurer upon the order of such overseers.

B.  As used in this section, "public cemeteries" means cemeteries located in any county with a population of three hundred thousand (300,000) or more, according to the latest Federal Decennial Census, which sell burial plots to the general public and which are exempt from taxation under the laws of this state.  "Public cemeteries" shall not include any municipal, fraternal, religious, rural, community, township, state, county or nonprofit cooperative cemeteries, or free community burial grounds.

R.L. 1910, § 4548.  Amended by Laws 1993, c. 2, § 1, eff. Sept. 1, 1993.

§56-55.  Repealed by Laws 1977, c. 256, § 1-106, eff. July 1, 1978.

§56-56.  Repealed by Laws 1977, c. 256, § 1-106, eff. July 1, 1978.

§5657.  Short title.

Sections 2 through 10 of this act shall be known and may be cited as the "Oklahoma Indigent Health Care Act".

Added by Laws 1984, c. 294, § 1, eff. Nov. 1, 1984.  Amended by Laws 1987, c. 192, § 1, eff. Nov. 1, 1987.

§5657.1.  Intent of Legislature.

Adequate health care is a basic human right which should be available to all Oklahomans.  Rapidly increasing health care costs threaten to make such care unaffordable to many citizens.  Unreimbursed health care services provided to indigent persons cause the cost of services to paying patients to increase in a manner unrelated to the actual cost of services delivered.  It is therefore the intent of the Oklahoma Legislature to develop a system of health care delivery that ensures fair and adequate access for all Oklahomans.  Further, it is the intent of the Legislature that this system promote the utilization of the most costeffective health care services including, but not limited to, health care education and prevention and seek to utilize the most costeffective administrative policies and procedures.

Added by Laws 1987, c. 192, § 2, eff. Nov. 1, 1987.

§5658.  Definitions.

As used in the Oklahoma Indigent Health Care Act:

1.  "Department" means the Department of Human Services;

2.  "Indigent" or "medically indigent" means a person or head of household:

a. (1) with an income less than or equal to the poverty level as designated by the latest decennial census and insufficient personal resources to provide for needed medical care for himself or his dependents, and

(2) who requires medically necessary hospital or primary health care services for himself or his dependents for which no public or private thirdparty coverage is available, and

(3) who has made no assignment, transfer, or encumbrance of property for the purpose of establishing eligibility for services pursuant to a state or federal medical program or the Oklahoma Indigent Health Care Act at any time within the last twentyfour (24) months, or

b. with an occurrence of a catastrophic injury or illness to himself or a dependent resulting in noncovered incurred medical debt for hospital services or for physician and drug costs related to a hospital stay which exceed fifty percent (50%) of the gross annual income of a person or head of household.  Insurance benefits for the medical debt shall be first exhausted;

3.  "Hospital" means "hospital" as that term is defined in Section 1701 of Title 63 of the Oklahoma Statutes;

4.  "Clinic" means a health care facility separate from a hospital which provides outpatient medical services to patients and has a patient mix of at least fiftyone percent (51%) indigent persons;

5.  "Patient mix" means the composition of the patient population based on information regarding the payor source.

Added by Laws 1984, c. 294, § 2, eff. Nov. 1, 1984.  Amended by Laws 1985, c. 255, § 2, eff. Nov. 1, 1985; Laws 1987, c. 192, § 3, eff. Nov. 1, 1987.

§56-59.  Repealed by Laws 1987, c. 192, § 12, eff. Nov. 1, 1987.

§5659.1.  Income tax check-off for indigent health care  Indigent Health Care Revolving Fund.

A.  The Oklahoma Tax Commission shall include on each state individual income tax return form for tax years beginning after December 31, 2001, an opportunity for the taxpayer to donate from a tax refund for the benefit of the Oklahoma Indigent Health Care Fund.

B.  There is hereby created in the State Treasury a revolving fund for the Department of Human Services, to be designated the "Indigent Health Care Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department of Human Services from:

1.  Any state monies appropriated for the purpose of implementing the provisions of the Oklahoma Indigent Health Care Act; and

2.  Any monies collected pursuant to this section or any other monies available to the Department of Human Services to implement the provisions of the Oklahoma Indigent Health Care Act.

C.  All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended directly to eligible clinics by the Department for the purpose of implementing the Oklahoma Indigent Health Care Act.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1985, c. 255, § 1, eff. Nov. 1, 1985.  Amended by Laws 1987, c. 192, § 4, eff. Nov. 1, 1987; Laws 2001, c. 358, § 25, eff. July 1, 2001.

§56-60.  Repealed by Laws 1987, c. 192, § 12, eff. Nov. 1, 1987.

§56-61.  Repealed by Laws 1985, c. 255, § 5, eff. Nov. 1, 1985.

§56-62.  Repealed by Laws 1987, c. 192, § 12, eff. Nov. 1, 1987.

§5663.  Department of Human Services  Responsibilities and duties.

A.  The Department of Human Services shall have the following responsibilities:

1.  Establish and review the eligibility standards and criteria for:

a. participation by hospitals and clinics pursuant to the Indigent Health Care Act, and

b. reimbursement to clinics for services through the Indigent Health Care Fund;

2.  Establish and review the screening criteria and procedures for persons receiving services through participating hospitals and clinics in order to determine which persons are eligible for reimbursement pursuant to existing state and federal medical programs and which persons are eligible for reimbursement pursuant to the Oklahoma Indigent Health Care Act;

3.  Review the documentation provided by participating hospitals and clinics;

4.  Determine the types of services offered by participating hospitals and clinics that shall be eligible for reimbursement or the allocation of funds pursuant to state or federal medical programs and the Oklahoma Indigent Health Care Act and that such services have been approved by the proper regulatory agencies; and

5.  Disburse state monies to hospitals and clinics meeting requirements of the Oklahoma Indigent Health Care Act as provided by Section 66 of this title.

B.  The Commission for Human Services shall promulgate rules and regulations, as necessary and appropriate, to implement the provisions of the Indigent Health Care Act.

Added by Laws 1984, c. 294, § 7, eff. Nov. 1, 1984.  Amended by Laws 1987, c. 192, § 5, eff. Nov. 1, 1987.

§5664.  Exemptions from act  Duties of hospitals and clinics  Reports and documentation.

A.  The Oklahoma Indigent Health Care Act shall not apply to state or federally operated medical institutions except the State of Oklahoma Medical Center and the George Nigh Rehabilitation Institute of the Oklahoma Department of Veterans Affairs.

Hospitals and clinics participating in the Oklahoma Indigent Health Care Act shall have the following responsibilities:

1.  Implement the screening criteria and procedures and comply with such other eligibility criteria for participation in the Oklahoma Indigent Health Care Act established pursuant to the provisions of Section 63 of this title.

2.  In addition to or as part of other reports required by law or by the rules and regulations of the State Board of Health, annually submit to the State Department of Health reports and data documenting:

a. the total amount of health care costs incurred by the hospital or clinic for medical indigents,

b. total patient charges by the hospital or clinic for medical indigents,

c. the patient mix including, but not limited to, the number of indigent persons served as measured by hospital patient days or clinic encounters as appropriate, and

d. such other information and in such form as may be required by the State Department of Health pursuant to the Oklahoma Indigent Health Care Act.

Such documentation shall indicate that the person served or the party responsible for such person meets the criteria established by the Oklahoma Indigent Health Care Act.  Such documentation shall also be specific as to the county of residence of the person served.  These records shall be available to the public upon request.

B.  Clinics shall submit to the Department of Human Services necessary information to certify eligible clinic status pursuant to Section 58 of this title.

C.  The State Department of Health shall forward copies of such documentation to the Department of Human Services as necessary for use by the Department in determining the eligibility of a hospital or a clinic for reimbursement pursuant to the provisions of the Oklahoma Indigent Health Care Act.  The State Department of Health and the Department of Human Services shall cooperate for the purpose of coordinating the reports and documentation required by the Oklahoma Indigent Health Care Act, and ensuring the timely transmission of said reports and documentation between, said agencies.

D.  The State Department of Health may expand or modify the reporting requirements of hospitals and establish reporting requirements for clinics as necessary to complete the study required by Section 66.2 of this title.

Added by Laws 1984, c. 294, § 8, eff. Nov. 1, 1984.  Amended by Laws 1987, c. 192, § 6, eff. Nov. 1, 1987; Laws 1988, c. 15, § 1, emerg. eff. March 15, 1988; Laws 1988, c. 326, § 7, emerg. eff. July 13, 1988; Laws 1989, c. 227, § 4; Laws 1992, c. 312, § 1, eff. Sept. 1, 1992.

§5665.  Screening of persons requesting assistance.

Any person requesting assistance pursuant to the Oklahoma Indigent Health Care Act and who meets the criteria specified in paragraph 2 of Section 58 of this title shall be required to go through a screening process established by the Department of Human Services as follows:

1.  A determination shall be made as to whether the person is eligible for any existing state or federal health care program; and

2.  If the person is ineligible for existing state or federal programs, said person's account shall be placed in the indigent health care account of the hospital or clinic's records.

Added by Laws 1984, c. 294, § 9, eff. Nov. 1, 1984.  Amended by Laws 1987, c. 192, § 7, eff. Nov. 1, 1987.

§5666.  Reimbursements and payments to hospitals and clinics  Disbursement of state monies.

A.  The Department of Human Services, from all monies deposited into the Indigent Health Care Revolving Fund for the purpose of implementing the provisions of the Oklahoma Indigent Health Care Act, shall reimburse clinics which meet the requirements of Section 64 of this title and elect to participate in the Oklahoma Indigent Health Care Act.

B.  Disbursements of state monies from the Indigent Health Care Revolving Fund to eligible clinics shall be as follows:

1.  Following certification and approval by the Department of Human Services of the accuracy of reports submitted pursuant to Section 64 of this title the Department shall determine the amount of state monies available to the clinics; and

2.  The Department shall make payments from state monies available to all participating clinics in the state pursuant to provisions of the Oklahoma Indigent Health Care Act.  Payment rates shall be determined by the Department of Human Services following consultation with provider groups.  The Department of Human Services shall determine the amount due each clinic according to available monies.  The rate of clinic reimbursement shall not exceed the individual clinic's reimbursement rate established by the Department of Human Services for Medicaid patients.

C.  The Department, from sources other than the Indigent Health Care Revolving Fund, shall make payments from available state and federal monies to all participating hospitals and clinics in the state pursuant to provisions of the Oklahoma Indigent Health Care Act.  Payment rates shall be determined by the Department of Human Services following consultation with provider groups.  The Department of Human Services shall determine the amount due each hospital and clinic according to available monies.  The per diem payments to participating hospitals shall not exceed the individual hospital's per diem rate established by the Department of Human Services for Medicaid patients.  The rate of clinic reimbursement shall not exceed the individual clinic's reimbursement rate established by the Department of Human Services for Medicaid patients.

Added by Laws 1984, c. 294, § 10, eff. Nov. 1, 1984.  Amended by Laws 1987, c. 192, § 8, eff. Nov. 1, 1987; Laws 1988, c. 15, § 2, emerg. eff. March 15, 1988.

§56-66.2.  Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

§56-67.  Repealed by Laws 1985, c. 255, § 5, eff. Nov. 1, 1985.

§5681.  Repealed by Laws 1994, c. 87, § 31, eff. Sept. 1, 1994.

§5682.  Repealed by Laws 1994, c. 87, § 31, eff. Sept. 1, 1994.

§5691.  Issue of bonds authorized.

All counties in the State of Oklahoma are hereby authorized to issue bonds for the purpose of purchasing lands and making improvements thereon for the benefit of the poor in said counties.

Added by Laws 1923, c. 138, p. 233, § 1.

§5692.  Election authorized  Manner of calling election.

The board of county commissioners in each county in the State of Oklahoma is hereby authorized and empowered to call any election for the purpose of issuing bonds to purchase lands, make improvement thereon, or to make improvements upon lands already owned by such counties, for the use and benefit of the poor people of such counties.  Said commissioners shall call said election by issuing a proclamation therefor and giving notice thereof in four consecutive issues of a weekly newspaper published in and of general circulation in such county proposing to issue said bonds.  Provided, that no election shall be held until the expiration of thirty (30) days following the date of the first publication of said notice.

Added by Laws 1923, c. 138, p. 233, § 2.

§5693.  Contents of proclamation.

The proclamation calling for said election shall name the amount of bonds to be issued, the time said bonds shall run, the interest said bonds shall bear, and the time for holding the election.

Added by Laws 1923, c. 138, p. 233, § 3.

§5694.  Conduct of election.

Said election shall be conducted by the duly qualified election officials of such county and the returns thereof made to the secretary of the county election board, in all things and respects as now provided by law for holding county elections.

Added by Laws 1923, c. 138, p. 234, § 4.

§5695.  Bonds  Sale.

If at said election the voters, voting thereon, shall vote in favor of the issuance of the bonds, the board of county commissioners shall at once proceed to issue the same and shall deposit the bonds in the treasury of the county, the treasurer being responsible and chargeable therefor on his official bond.  The board of county commissioners shall proceed to sell said bonds and deposit the proceeds from the sale thereof in the county treasury, to be paid out by the treasurer upon orders of the board from time to time as the same shall be needed.  Provided, said bonds shall not be sold for less than par and accrued interest.

Added by Laws 1923, c. 138, p. 234, § 5.

§5696.  Rate of interest  Payment  Signatures  Recording.

Bonds issued as herein provided shall bear interest at a rate not to exceed the maximum rate provided by Section 498.1 of Title 62 of the Oklahoma Statutes, payable semiannually, and of denominations of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00) each.  The entire amount shall be payable within twentyfive (25) years.  They shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk.  They shall be recorded by the county clerk and by the State Auditor and Inspector, both of whom shall endorse the same on the back thereof.  Facsimile signatures may be used as provided by the Registered Public Obligations Act of Oklahoma.

Added by Laws 1923, c. 138, p. 234, § 6.  Amended by Laws 1979, c. 30, § 15, emerg. eff. April 6, 1979; Laws 1983, c. 170, § 39, eff. July 1, 1983.

§5697.  Taxes  Levy.

It shall be the duty of the officers charged by law with levying taxes for county purposes to levy annually an amount sufficient to pay the interest due each year on the bonds issued hereunder, and in addition thereto levy an amount sufficient to pay the principal as the same comes due.

Added by Laws 1923, c. 138, p. 234, § 7.

§5698.  Purchase of lands and buildings.

Out of the proceeds of the sale of bonds the board of county commissioners shall purchase lands or grounds for indigent care facility purposes, or erect buildings and make improvements thereon as the case may be.  The board of county commissioners shall have the right to purchase the lands at private or public sale.

Added by Laws 1923, c. 138, p. 234, § 8.  Amended by Laws 1994, c. 87, § 20, eff. Sept. 1, 1994.

§5699.  Persons admitted  Authority and supervision.

The board of county commissioners shall admit all indigent persons, who are legal residents of such county, to the indigent care facility, under such rules and regulations as may be prescribed by said commissioners.  The board of county commissioners shall have complete authority and supervision over the facility and shall provide for managing and controlling the facility.

Added by Laws 1923, c. 138, p. 234, § 9.  Amended by Laws 1994, c. 87, § 21, eff. Sept. 1, 1994.

§56111.  Erection of buildings  Care of patients.

The board of county commissioners of the counties throughout the state shall have power to erect buildings upon land occupied by county indigent care facilities for the isolation and treatment of all indigent persons who are afflicted with an illness or disease which makes it necessary that these measures be taken, and that the patients may, if the building is erected, be cared for out of the indigent care budget of the county of which the patients are residents.

Added by Laws 1923, c. 39, p. 52, § 1.  Amended by Laws 1994, c. 87, § 22, eff. Sept. 1, 1994.

§56112.  Supervision of treatment of patients.

The board of county commissioners shall provide for and supervise the treatment of said patients residing in the indigent care facility in a manner provided by law and under such restrictions as the board of county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

Added by Laws 1923, c. 39, p. 52, § 2.  Amended by Laws 1994, c. 87, § 23, eff. Sept. 1, 1994.

§56113.  Public donations.

Said board of county commissioners shall be permitted to accept public donations in aid of the construction, upkeep and maintenance of said buildings and support of patients therein.

Added by Laws 1923, c. 39, p. 52, § 3.

§56114.  Employment of nurses, etc.

The board of county commissioners shall be authorized to employ a suitable person or persons to care for such patients and quarters, upon such terms and conditions as provided by law, and under such restrictions as the board of county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

Added by Laws 1923, c. 39, p. 52, § 4.  Amended by Laws 1994, c. 87, § 24, eff. Sept. 1, 1994.

§56121.  When commissioners may sell.

The board of county commissioners of any county of this state is hereby authorized and empowered to sell and convey any real estate deeded to or held by such county for the purpose of indigent care facilities, when in the opinion of the board of commissioners such real estate is not needed, is unsuitable or inconvenient for such purposes.  Such sale shall be in the manner hereinafter provided.

Added by Laws 191011, c. 75, p. 172, § 1.  Amended by Laws 1994, c. 87, § 25, eff. Sept. 1, 1994.

§56122.  Resolution of county commissioners  Appraisement.

Before any such sale or conveyance shall be made, the board of county commissioners, in regular or special session, shall adopt a resolution declaring that said real estate is not needed for indigent care facility purposes, or is unsuitable or inconvenient for such purpose, or that other or more suitable or convenient real property within the county is obtainable at a fair and reasonable value.  The resolution shall be published with other proceedings of the board, and a copy of the resolution shall be certified by the county clerk to the judge of the district court of such county.  The judge shall determine whether such sale is in the best interest of the county.  The judge shall order and direct the board to sell the real estate, as hereinafter provided, and he or she shall appoint three disinterested freeholders of the county to appraise the real estate.  The appraisal is to be returned by the appraisers to the board of county commissioners.

Added by Laws 191011, c. 75, p. 172, § 2.  Amended by Laws 1994, c. 87, § 26, eff. Sept. 1, 1994.

§56123.  Publication of notice.

Upon the return of the appraisement as provided for in Section 2 of this act, the board of county commissioners shall give notice of such sale by publication in some newspaper of general circulation in the county for a period of thirty (30) days.

Added by Laws 191011, c. 75, p. 172, § 3.

§56124.  Procedure  Bids  Report to district judge.

Bids for said real estate shall be in writing, sealed and delivered to the county clerk of such county and by him preserved unopened, until the next regular meeting of the board of county commissioners, at which time said board shall open such bids and award the said real estate to the highest and best bidder for the same and file a report of such sale with the judge of the district court for approval and confirmation; provided that such real estate shall not be sold for less than ninety percent (90%) of its appraised value, and the board of county commissioners shall have the power to reject any and all bids.

Added by Laws 191011, c. 75, p. 173, § 4.

§56125.  Deeds  Order for execution  Signing, acknowledging and attesting  Prima facie evidence.

If such sale be by the judge of the district court approved and confirmed, he shall direct and order the chairman of the board of county commissioners to execute a deed to the purchaser thereof, which shall be signed and acknowledged by the chairman of said board, and attested by the county clerk, which deed shall recite the several steps and proceeding had in such sale, and such recitals shall be prima facie evidence of the truth of the same.

Added by Laws 191011, c. 75, p. 173, § 5.

§56126.  Proceeds  Disposition.

Proceeds derived by a county from any sale of real estate deeded to it or held by it for use as indigent care facilities shall be credited to the county's building fund.

Added by Laws 191011, c. 75, p. 173, § 6.  Amended by Laws 1969, c. 25, § 1, eff. Feb. 17, 1969; Laws 1994, c. 87, § 27, eff. Sept. 1, 1994.

§56127.  Authorization to use or lease realty held for indigent care facilities  Sales not restricted.

The board of county commissioners of any county in this state is hereby authorized and empowered to hold, own, or use for any other lawful county purpose, or lease for any other lawful purpose, any real estate deeded to or held by such county for the purpose of county indigent care facilities, when, in the opinion of the board of county commissioners, such real estate is not needed, is unsuitable, or inconvenient for the purpose of an indigent care facility; provided that nothing contained in this section shall prevent the said county from selling the said property as provided by law, and the power to hold, own, or use said property for any lawful county purpose, or lease said property for any lawful purpose, shall be in addition to the power to sell said property as provided in Sections 121 through 126 of this title.

Added by Laws 1959, p. 92, § 1.  Amended by Laws 1971, c. 235, § 1, emerg. eff. June 12, 1971; Laws 1994, c. 87, § 28, eff. Sept. 1, 1994.

§56128.  Resolution.

Before any real estate deeded to or held by any such county for the purpose of county indigent care facilities shall be held, owned, or used for any other lawful county purpose, or leased for any other lawful purpose, the board of county commissioners in regular or special session shall adopt a resolution declaring that said real estate is not needed for county indigent care facility purposes, or is unsuitable or inconvenient for such purposes, or that other or more suitable or convenient real property within the county is obtainable at a fair and reasonable value, such resolution to be published with other proceedings of the county commissioners.

Added by Laws 1959, p. 92, § 2.  Amended by Laws 1971, c. 235, § 2, emerg. eff. June 12, 1971; Laws 1994, c. 87, § 29, eff. Sept. 1, 1994.

§56-131.  Repealed by Laws 1986, c. 69, § 1, emerg. eff. April 1, 1986.

§56141.  Repealed by Laws 1994, c. 87, § 31, eff. Sept. 1, 1994.

§56142.  Amount of allowance.

The allowance to each of such women shall not exceed Ten Dollars ($10.00) a month when she has but one child under the age of fourteen (14) years, and if she has more than one child under the age of fourteen (14) years, it shall not exceed the sum of Ten Dollars ($10.00) a month for the first child and Five Dollars ($5.00) a month for each of the other children under the age of fourteen (14) years.

Added by Laws 1915, c. 183, § 2.

§56143.  Conditions of allowance.

Such allowance shall be made by the county court and only upon the following conditions:

(1) The child or children for whose benefit the allowance is made must be living with the mother of such child or children; (2) The allowance shall be made only when in the absence of such allowance the mother would be required to work regularly away from her home and children, and when by means of such allowance she will be able to remain at home with her children; (3) The mother must, in the judgment of the county court, be a proper person, morally, physically and mentally, for the bringing up of her children; (4) Such allowance shall, in the judgment of the court, be necessary to save the child or children from neglect; (5) No person shall receive the benefit of this act who shall not have been a resident of the county in which such application is made for at least one (1) year next before the making of such application for such allowance.

Added by Laws 1915, c. 183, § 3.  Amended by Laws 1921, c. 19, p. 26, § 1.

§56144.  Termination or modification of allowance.

Whenever any child shall reach the age of fourteen (14) years any allowance made to the mother of such child for the benefit of such child shall cease.  The county court may, at its discretion, at any time before such child reaches the age of fourteen (14) years, discontinue or modify the allowance to any mother and for any child.

Added by Laws 1915, c. 183, § 4.

§56145.  Provisions when fund is insufficient.

Should the fund herein authorized be sufficient to permit an allowance to only a part of the persons coming within the provisions of this law, the county court shall select those cases in most urgent need of such allowance.

Added by Laws 1915, c. 183, § 5.

§56146.  Class of widows entitled.

The provisions of this law shall not apply to any woman whose husband is not dead or who is not confined in the Oklahoma State Penitentiary or other prison in this state, or is in a state institution for the insane in this state, and in the two latter cases it shall not apply unless such prisoner is the lawful husband of the woman seeking such allowance.

Added by Laws 1915, c. 183, § 6.

§56147.  Unlawful procurement  Penalty for attempt.

Any person procuring or attempting to procure any allowance for a person not entitled thereto shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.

Added by Laws 1915, c. 183, § 7.

§56148.  Judgments for allowance  Citizens may petition rehearing.

In each case where an allowance is made to any woman under the provisions of this act, a judgment entry to that effect shall be entered upon the records of the county court making such allowance, and it shall be the right of any taxpaying citizen at any time to file a motion to set aside such judgment; and on such motion the county court, or the court to whom such motion may be taken on a change of venue, shall hear evidence, either with or without a jury, as either side may demand, and may make a new order granting or refusing such allowance, and from such order so made an appeal shall lie as in ordinary civil cases.  If the judgment making such allowance is not appealed from, or is affirmed on appeal, the person filing such motion shall pay all the costs of such motion and the proceedings subsequent thereto.  Such motion may be renewed from time to time, but not oftener than once in any calendar year.

Added by Laws 1915, c. 183, § 8.

§56161.  Definitions.

(a) When used herein, the term "State Department" shall mean the State Department of Public Welfare;

(b) The term "Commission" shall mean the Oklahoma Public Welfare Commission;

(c) The term "county board" shall mean the county board of public welfare;

(d) The term "Director" shall mean the Director of Public Welfare;

(e) The term "applicant" shall mean a person who has applied for assistance under this act;

(f) The term "recipient" shall mean any person who is receiving assistance under the terms of this act;

(g) The term "assistance" shall mean money payments to, medical care in behalf of, or any other kind of benefit to or for recipients who receive aid under the provisions of this act.

(h) The singular shall include the plural and the masculine shall include the feminine;

(i) The term "county department" shall mean the county board of public welfare, a county director of public welfare and such other personnel as may be necessary for the efficient performance of the duties of the county department;

(j) The term "Department" shall mean the State Department of Public Welfare and the county department of public welfare.

Added by State Question No. 226, Initiative Petition No. 155, § 1, adopted July 7, 1936.  Amended by Laws 1939, p. 85, § 1, emerg. eff. May 9, 1939; Laws 1951, p. 156, § 1, emerg. eff. June 1, 1951.

§56162.  Duties and powers of Commission.

The Commission shall have the power and it shall be its duty to:

(a) Select a Director of Public Welfare who shall not be a member of the Commission and who shall serve as executive and administrative officer of the Department.  The Director shall be appointed wholly on the basis of ability, training and experience qualifying him or her for public welfare administration.  The Director shall serve at the pleasure of the Commission.  The salary of the Director shall be fixed by the Commission;

(b) Formulate the policies and adopt rules and regulations for the effective administration of the duties of the Department;

(c) Require and set the amount of the bond for employees within its discretion;

(d)

(e) Cooperate with the Federal Social Security Board, created under Title 7 of the Social Security Act, enacted by the SeventyFourth Congress and approved August 14, 1935, or other like agency created by Congress, in any reasonable manner as may be necessary to qualify for federal aid to states in providing assistance to needy persons in conformity with the provisions of this act, including the making of such reports in such form and containing such information as the Social Security Board or other similar federal agency may from time to time require, and comply with such provisions as the Social Security Board, or other similar federal agency may find necessary to insure the correctness and verification of such reports; and

(f) Publish an annual report, not later than four (4) months after the close of each fiscal year, showing for such year the total amount paid to needy persons in this state under the provisions of this act, and the total number of such needy persons given assistance, classified by age, sex, race, residence of persons assisted, and such other particulars as may be deemed advisable.  Such report shall be presented to the Governor.

(g) Present to the Federal Social Security Board a new or modified plan for oldage assistance, aid to dependent children and aid to needy blind.

Added by State Question No. 226, Initiative Petition No. 155, § 2, adopted July 7, 1936.  Amended by Laws 1939, p. 86, § 2, emerg. eff. May 9, 1939.

§56162.1.  Additional names for Department of Public Welfare, Welfare Commission and Director.

(a) The Department of Public Welfare shall also be known as, and may perform official acts and transact official business in the name of, Department of Human Services.

(b) The Oklahoma Public Welfare Commission shall also be known as, and may perform official acts and transact official business in the name of, the Commission for Human Services.

(c) The Director of Public Welfare shall also be known as, and may perform official acts and transact official business in the name of, the Director of Human Services.

Added by Laws 1968, p. 816, H.J.R. No. 561, § 1, emerg. eff. April 15, 1968.  Amended by Laws 1980, S.J.R. No. 46, § 1, emerg. eff. Feb. 6, 1980.

§56162.1a.  Additional names for Department of Welfare, Public Welfare Commission and Director of Public Welfare.

Whenever the name of Department of Institutions, Social and Rehabilitative Services, or Commission for Institutions, Social and Rehabilitative Services, or Director of Institutions, Social and Rehabilitative Services appears in any law, contract or other document, it shall be deemed to refer to Department of Human Services, Commission for Human Services, or Director of Human Services, respectively.

Added by Laws 1980, S.J.R. No. 46, § 2, emerg. eff. Feb. 6, 1980.

§56162.2.  Campus police and juvenile officers  Appointment  Powers.

The Department of Human Services shall have the authority to appoint campus police for institutions, county office buildings and any other buildings and their adjacent grounds under the jurisdiction of the Department, in the same manner and with the same powers as campus police appointed by governing boards of state institutions for higher education under the provisions of Sections 360.11 through 360.14 of Title 74 of the Oklahoma Statutes.  The Department may also appoint and commission juvenile officers to assist it in maintaining custody of children committed to the Department, and in making investigations and in prosecuting court proceedings under the provisions of Sections 233 through 236 of this title, relating to child support enforcement.  Such officers shall have the powers of peace officers, including the authority to serve and execute process, bench warrants and other court orders in cases in which the Department is a party or a participant.  Each juvenile officer shall be required to execute a bond in such form and amount as may be approved by the Department, the cost thereof to be paid by the Department.

Added by Laws 1971, c. 124, § 1, emerg. eff. May 4, 1971.  Amended by Laws 1985, c. 68, § 1, emerg. eff. May 16, 1985; Laws 1988, c. 326, § 9, emerg. eff. July 13, 1988; Laws 1993, c. 330, § 23, eff. July 1, 1993.

§56162.3.  Police officers  Certification.

Employees of the Department of Human Services serving as police officers shall obtain a certificate as provided for in Section 3311 of Title 70 of the Oklahoma Statutes.

Added by Laws 1985, c. 68, § 2, emerg. eff. May 16, 1985.

§56-162.4.  Peace officers for Commission.

The Director of the Department of Human Services shall have the authority to commission certified employees within the Office of the Inspector General of the Department as peace officers.  The authority of employees so commissioned shall include the authority to investigate crimes committed against the Department or crimes committed in the course of any program administered by the Department.  Employees so commissioned shall also have the authority to serve and execute process, bench warrants and other court orders in any judicial or administrative proceeding in which the Department is a party or participant.  Use and possession of firearms shall be at the discretion of the Director of the Department of Human Services, for the fraud unit only.  To become qualified as peace officers for the commission, employees shall first obtain a certificate as provided for in Section 3311 of Title 70 of the Oklahoma Statutes.

Added by Laws 1993, c. 272, § 1, emerg. eff. May 27, 1993.

§56-162.5.  Institutional Maintenance and Construction Unit and Architecture and Engineering Planning Unit - Authority to contract with Oklahoma Medical Center.

The Institutional Maintenance and Construction Unit and the Architecture and Engineering Planning Unit of the Department of Human Services, or its successors, shall have authority to submit bids and enter into contracts with and to perform services for the Oklahoma Medical Center for construction and remodeling projects that fall within the scope of services of the Unit or its successors.

Added by Laws 1997, c. 174, § 7, emerg. eff. May 8, 1997.

§56-162.6.  Renumbered as § 4122 of Title 74 by Laws 2001, c. 348, § 5, eff. Nov. 1, 2001.

§56163.  County boards  Appointment  Duties.

The Commission may appoint in each county a county board consisting of either three, five, or seven members, the majority of whom shall constitute a quorum.  These members shall serve without salary at the pleasure of the Commission.  No candidate for office nor any elective officer shall serve as a member of the county board.  Members of the Legislature and any elective official of the State of Oklahoma shall be disqualified to recommend for appointment any member of the county board.

It shall be the duty of the county departments to:

(a) Administer the provision of this act within their respective counties, subject to the rules and regulations prescribed by the Commission pursuant to the provisions of this act;

(b) Report to the Commission at such times and in such manner and form as the Commission may from time to time direct.

Added by State Question No. 226, Initiative Petition No. 155, § 3, adopted July 7, 1936.  Amended by Laws 1939, p. 87, § 3, emerg. eff. May 9, 1939; Laws 1947, p. 342, § 1, emerg. eff. May 23, 1947.

§56-163.1.  Satellite meal sites.

The Department of Human Services shall authorize the establishment of local satellite meal sites for the purpose of encouraging older Oklahomans to congregate in order to eat meals prepared at another location and delivered to the local satellite meal site.

The Department of Human Services with the cooperation of the State Fire Marshal and the Oklahoma State Department of Health shall adopt and promulgate standards for the establishment of such satellite meal sites so as to comply with any applicable fire and health code based on occupancy and use of the site.  It is the intention of the Legislature that such standards shall be adequate to protect the health and safety of the persons congregating at satellite meal sites but also which will authorize and allow the establishment of the satellite meal sites by the Department, and which will encourage the use of the satellite meal sites for meal delivery services to older Oklahomans.

Added by Laws 1992, c. 277, § 10, eff. July 1, 1992.

§56164.  Eligibility for assistance.

A.  Assistance shall be given under this act:

1.  To any needy person who has attained the age of sixtyfive (65) years; provided, however, that when authorized by federal law or regulations, and in conformity therewith, the age requirement for needy persons under this act shall be sixtytwo (62) years.  In addition to the above age requirements, said needy person shall possess the following qualifications:

a. shall be residing in this state with intent to remain in the state at the time assistance is received,

b. has not sufficient income or other resources to provide for himself or herself,

c. is not an inmate of a public institution as defined by the Oklahoma Commission for Human Services, and

d. has not made an assignment, transfer or encumbrance of property for the purpose of rendering himself or herself eligible for assistance under this act, at any time within five (5) years immediately preceding the filing of an application for assistance;

2.  To any needy person who is blind and who possesses the following qualifications:

a. shall be residing in this state with intent to remain in this state at the time assistance is received,

b. has not sufficient income or other resources to provide for himself or herself,

c. is not an inmate of a public institution as defined by the Oklahoma Commission for Human Services,

d. has not made an assignment, transfer or encumbrance of property so as to render himself or herself eligible for assistance under this act at any time within five (5) years immediately preceding the filing of an application for assistance, and

e. shall not, during the period of receiving assistance, solicit alms;

3.  To any child possessing the following qualifications:

a. is crippled or is suffering from conditions which may lead to crippling,

b. is in need of medical, surgical, corrective or other services and care,

c. has not sufficient income or other resources to provide such medical, surgical, corrective or other services and care,

d. has no relatives who are financially able and who are required by law to provide such services and care,

e. shall be residing in this state with intent to remain in the state at the time assistance is received, and

f. who is not receiving adequate aid under other provisions of law;

4.  To or on behalf of any dependent child who is under the age of eighteen (18) years of age or will graduate from high school prior to reaching nineteen (19) years of age and who possesses the following qualifications:

a. shall be residing in this state with intent to remain in the state at the time assistance is received,

b. has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with a relative of the proper degree as designated by the Commission for Human Services in a place of residence maintained by one or more of such relatives as his or their own home,

c. has not sufficient income or other resources to provide for himself, and

d. is a resident of the state at the time of receiving assistance.

As an incentive to accept employment, an amount as established by the Commission for Human Services may be disregarded in the determination of the amount of earned income to be considered against the grant of aid to families with dependent children.

Incapacitated parents of dependent children and all other disabled persons receiving public assistance from the Department of Human Services, who, considering age, degree of incapacity, and ability to work, appear to be able to return to a status of selfsupport through surgery, medical treatment, vocational training, and selective placement, or any one or any combination of these services, shall be referred to the State Department of Rehabilitation Services, and encouraged to accept such rehabilitation services as may be available to them.  The Department of Human Services and the State Department of Rehabilitation Services are directed to jointly formulate an agreement for the orderly referral of such cases, and the prevention of duplication of effort and expense, and the full implementation of this policy, such agreement to become effective when approved by the Oklahoma Public Welfare Commission and the Commission for Rehabilitation Services; provided that, in cases where either parent would be required to support such child or children except for his or her physical incapacity, it is the duty of the Director of the Department of Human Services to furnish the name of such parent to the State Department of Rehabilitation Services.  The State Department of Rehabilitation Services shall review the available medical and social information and shall contact such parent, if it can be ascertained that he or she can be rehabilitated.  If such parent refuses to allow an examination by the State Department of Rehabilitation Services, the State Department of Rehabilitation Services shall so notify the Director of the Department of Human Services and the children of such parent may be immediately removed from the welfare rolls.  If said parent submits to examination and it is found that he or she can be rehabilitated, the State Department of Rehabilitation Services shall proceed to rehabilitate him or her.  If said parent refuses to submit himself or herself for rehabilitation, whether by medical treatment or otherwise, said service shall so certify to the Director of the Department of Human Services who may immediately order the children of said parent removed from the welfare rolls; and

5.  To any needy person who is permanently and totally disabled and who possesses the following qualifications:

a. shall be residing in this state with intent to remain in the state at the time assistance is received,

b. has not sufficient income or other resources to provide for himself or herself; provided, that the resources or income of a person's parents shall be considered in determining his or her eligibility for assistance for persons under eighteen (18) years of age; provided further, that no person shall be eligible to receive assistance under this subsection for any period of time with respect to which he or she receives assistance under any other provision of the section of which this subsection is a part,

c. is not an inmate of a public institution as defined by the Oklahoma Commission for Human Services, and

d. has not made an assignment, transfer or encumbrance of property so as to render himself or herself eligible for assistance under this act, at any time within five (5) years immediately preceding the filing of an application for assistance.

B.  Eligibility for assistance under provisions of this subsection shall be determined under rules promulgated, from time to time, by the Department of Human Services as provided by law.

Added by State Question No. 226, Initiative Petition No. 155, § 4, adopted July 7, 1936.  Amended by Laws 1939, p. 89, § 4, emerg. eff. May 9, 1939; Laws 1945, p. 182, § 1, emerg. eff. April 17, 1945; Laws 1949, p. 380, § 1, emerg. eff. April 21, 1949; Laws 1951, p. 156, § 2, emerg. eff. June 1, 1951; Laws 1953, p. 230, §§ 1, 2, emerg. eff. June 9, 1953; Laws 1957, p. 456, § 1, emerg. eff. June 6, 1957; Laws 1957, p. 458, § 1, emerg. eff. May 31, 1957; Laws 1961, p. 437, § 1, emerg. eff. July 12, 1961; Laws 1961, p. 434, § 1, emerg. eff. July 11, 1961; Laws 1973, c. 38, § 1, emerg. eff. April 24, 1973; Laws 1985, c. 29, § 1, eff. Nov. 1, 1985; Laws 1993, c. 364, § 11, emerg. eff. June 11, 1993.

§56165.  Amount of assistance.

A.  1.  The amount of assistance which any person shall receive under the provisions of this act shall be determined with due regard to the resources, to income and need of the individual and other conditions existing in each case and in accordance with funds available and rules of the Commission for Human Services, but in no case shall it be an amount which, when added to the income of the applicant from all other sources, is more than necessary to provide such person with reasonable subsistence compatible with decency and health.

2.  The cash or loan value of all life insurance policies, and all revocable and irrevocable contracts for prepaid funeral benefits, as defined by Sections 6121 through 6135 of Title 36 of the Oklahoma Statutes, and all monies set aside in a separate account and specifically designated for funeral expenses of an applicant for and recipient of public assistance shall be considered as a resource available to meet the needs of the applicant.  However, the following accruals by the applicant for and recipient of public assistance shall not be considered:

a. One Thousand Five Hundred Dollars ($1,500.00) cash value of the policies or revocable contracts or designated accounts or any combination thereof, provided the cash value does not exceed One Thousand Five Hundred Dollars ($1,500.00), or

b. Seven Thousand Five Hundred Dollars ($7,500.00) plus accrued interest in an irrevocable contract, designated account or cash value in insurance policies, or Seven Thousand Five Hundred Dollars ($7,500.00) plus accrued interest in any combination of irrevocable account, designated account, or cash value in insurance policies.

3.  If the recipient receives any money from the policies or revocable contracts or designated accounts before the recipient's death, the amount received shall be considered as a resource available to meet the recipient's needs, provided, that an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) from all policies may be used for prepaid burial expenses of the recipient.

B.  It shall be the duty of the Commission for Human Services, in conformity with the Federal Social Security Laws and in regard to funds available, to revise and liberalize the budget as now used in ascertaining the need of any person eligible to receive assistance, and, in so doing, the increased cost of living and condition of health of such person shall be given due consideration.

C.  1.  Except as otherwise provided in this subsection, the limitations specified pursuant to paragraph 2 of subsection A of this section shall apply to the cash or loan value of all life insurance policies and all revocable and irrevocable contracts for prepaid funeral benefits and all monies set aside in a separate account and specifically designated for funeral expenses of an applicant for or recipient of public assistance which were entered into or created prior to July 1, 1986, and on and after July 1, 1985.

2.  Any person who entered into an irrevocable life insurance policy or irrevocable contract for prepaid funeral expenses prior to July 1, 1986, which exceeds the maximum limitation specified by paragraph 2 of subsection A of this section, and who is receiving assistance on July 1, 1986, is eligible to continue to receive such assistance provided such recipient does not add to or otherwise increase such irrevocable policy or contract.

Added by State Question No. 226, Initiative Petition No. 155, § 5, adopted July 7, 1936.  Amended by Laws 1939, p. 89, § 5, emerg. eff. May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws 1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1, emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May 28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws 1986, c. 139, § 1, operative July 1, 1986; Laws 1998, c. 231, § 1, emerg. eff. May 20, 1998.

§56166.  Application for assistance.

Application for assistance under this act shall be made to the county department of the county in which the applicant resides.  The application shall be in writing, signed by the applicant or legal guardian and shall be in a manner and upon the form prescribed by the State Department.

Added by State Question No. 226, Initiative Petition No. 155, § 6, adopted July 7, 1936.  Amended by Laws 1939, p. 89, § 6, emerg. eff. May 9, 1939.

§56-166.1.  Application for assistance resulting from birth of child.

Any person who makes application with the Department of Human Services for medical assistance resulting from the birth of any child shall provide the name of the person or persons legally responsible for the support of such child prior to receipt of any such medical assistance.

Added by Laws 1994, c. 356, § 18, eff. Sept. 1, 1994.

§56167.  Investigation of applications.

The Department shall promptly investigate all applications for assistance, and shall determine whether the applicant is eligible for assistance under the provisions of this act, the amount of assistance, if any, and the date such assistance shall begin.  The applicant shall be notified in writing of the decision.

Added by State Question No. 226, Initiative Petition No. 155, § 7, adopted July 7, 1936.  Amended by Laws 1939, p. 90, § 7, emerg. eff. May 9, 1939.

§56167.1.  Request for financial records  Consent.

The Department of Human Services, with the written consent of the client, may request a copy of the financial records or any other records specified in said written consent from a financial institution or other agency regulated by federal or state law.  The request shall be for the purpose of investigating the eligibility of the client for assistance or service from the Department.  Said financial institution or agency shall furnish said records at no cost to the client or the Department.  If the client refuses to sign said written consent, then the Department shall refuse the client assistance or service.

Added by Laws 1984, c. 84, § 1, emerg. eff. April 4, 1984.

§56168.  Appeal by applicant  Procedure  Review.

A.  Any applicant or recipient adversely affected by a decision of the Department of Human Services 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 Department.

B.  1.  Upon timely receipt of a request for a hearing as specified in the notice of adverse decision, the Department shall hold a hearing pursuant to the provisions of Section 310 of Title 75 of the Oklahoma Statutes.

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 Department.  Any party may request a copy of the tape recording of their administrative hearing or may request a transcription of the tape recording to comply with any federal or state law.

4.  The decision issued pursuant to this subsection shall be the final decision of the Department unless appealed pursuant to subsection C of this section.

C.  Any decision of the Department after such a hearing pursuant to subsection B of this section shall be subject to review by the Director of Human Services upon a timely request for review by the applicant, recipient or Department staff.  The Director shall issue a decision after review or may refer review of the hearing decision to the Commission for Human Services.  The referral shall be based on criteria established by the Commission.  The Director's decision shall be final unless appealed as provided by the provisions of subsection D of this section.

D.  Any applicant or recipient under this title aggrieved by a decision of the Director 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 Department.

Added by State Question No. 226, Initiative Petition No. 155, § 8, adopted July 7, 1936.  Amended by Laws 1939, p. 90, § 8, emerg. eff. May 9, 1939; Laws 1985, c. 11, § 1, eff. Nov. 1, 1985; Laws 1993, c. 7, § 1, eff. July 1, 1993; Laws 1994, c. 233, § 1, eff. Sept. 1, 1994; Laws 1995, c. 170, § 1, emerg. eff. May 8, 1995; Laws 2001, c. 415, § 17, emerg. eff. June 5, 2001.

§56169.  Reinvestigation of assistance grants.

All assistance grants made under this act shall be reinvestigated by the Department as frequently as may be required by the Commission. In all cases, the Department shall have the power to modify or revoke its former grant.  The same right of hearing shall be accorded an aggrieved recipient as provided in Section 8 thereof.  Provided, that on and after June 1st, 1957, it shall be the duty of the Oklahoma Public Welfare Commission in conformity with the Federal Social Security Laws and in regard to funds available to revise and liberalize the budget as now used in ascertaining the need of any person eligible to receive old age assistance, and in so doing the increased cost of living and condition of health shall be given due consideration (and excepting earned and/or inconsequential resources and casual irregular or unpredictable wages or salary in an amount of an average of $50.00 or a greater amount per month). Provided further, that the Commission shall immediately direct the reinvestigation and revision of the budget of each and every recipient and the payment of assistance thereafter shall be made on such basis.

Added by State Question No. 226, Initiative Petition No. 155, § 9, adopted July 7, 1936.  Amended by Laws 1939, p. 90, § 9, emerg. eff. May 9, 1939; Laws 1945, p. 181, § 2, emerg. eff. May 7, 1945; Laws 1957, p. 457, § 2, emerg. eff. April 9, 1957.

§56-170.  Repealed by Laws 1939, p. 93, § 19, emerg. eff. May 9, 1939.

§56-171.  Disclosure of property and income - Overpayments or payments resulting from misrepresentation or concealment - Notice of sale or encumbrance.

Any applicant for assistance under this act shall set forth upon the form prescribed by the Department of Human Services all his real and personal property and income from whatever sources.  If the recipient of assistance under this act thereafter becomes possessed of real property, or if such recipient comes into possession of personal property or money in excess of that given in the application for assistance and in such amount as would materially affect his right to assistance, it shall be the duty of the recipient immediately to notify the Department of the receipt and possession of such property, real or personal, or money.  Provided, however, when assistance grants available are insufficient to meet the needs of a recipient as determined by the Department, such recipient may earn or receive the difference between such assistance grant and the budgetary needs of the recipient subject to availability of funds appropriated for this purpose.  If any recipient receives overpayment of assistance under this act, or receives assistance while ineligible therefor under this act, through misrepresentation or concealment of material facts, either in his original application or thereafter, materially affecting the amount of assistance, the Department may, upon investigation, either cancel the assistance or reduce the amount thereof in accordance with the circumstances.

If any recipient conceals any resource, either in his original application or thereafter, which would render the recipient ineligible for public assistance, such recipient shall be liable for the entire amount of assistance paid during the period of ineligibility.  If, during the continuance of assistance, a recipient comes into possession of any money or resource which does not render him completely ineligible for assistance but which, if reported, would have reduced the amount of his assistance grant, such recipient shall be liable for the excess paid by the Department over the amount which the Department would have paid had the money or resources been reported.  The Department may bring an action in a court of competent jurisdiction for the amount paid an ineligible recipient or the amount of the overpayment, as the case may be, unless the recipient voluntarily acknowledges the indebtedness, voluntarily gives a lien upon his property or voluntarily makes repayment.  Providing, however, that the Department of Human Services shall credit any recipient who has received assistance while ineligible by reason of such fraud, misrepresentation and concealment of facts for the time he has been held off the rolls according to the budgetary requirements in effect during the time he has remained off the rolls and such amount shall be deducted from the amount found to have been received ineligibly, by means of such fraud and misrepresentation.  After the fact and amount of indebtedness has been established by a court of competent jurisdiction, the Department shall proceed to collect said judgment as other judgments for money are collected and all sums recovered under such judgments shall be paid into the State Treasury to the credit of the Human Services Medical and Assistance Fund; provided, however, that an action to establish the fact and amount of overpayment under the provisions of this act must be brought within one (1) year from the date of the discovery of the overpayment, misrepresentation or concealment of material facts by the recipient. Such judgment shall be a lien upon all assets, except the homestead and exempt personal property of such recipient, while the same are exempt from execution under the laws of the State of Oklahoma.  Any funds received through the voluntary action of the recipient shall be paid into the State Treasury to the credit of the Human Services Medical and Assistance Fund.