Okla. Admin. Code § 317:35-5-2 - Categorically related programs
(a) In order to be
eligible for SoonerCare, an individual must first meet the description of a
member eligibility group.
(1) For individuals
related to the aged, blind, or disabled groups, categorical relationship is
established using the same definitions of age, disability, and blindness as
used by the Social Security Administration (SSA) in determining eligibility for
Supplemental Security Income (SSI) or SSA benefits.
(2) If the individual is a SSA/SSI recipient
in current payment status (including presumptive eligibility), a Temporary
Assistance for Needy Families (TANF) recipient, an adoption assistance or
kinship guardianship assistance recipient, or is under age nineteen (19),
categorical relationship is automatically established.
(3) For individuals related to expansion
adults the categorical relationship is established and defined by
42 Code of Federal
Regulations (C.F.R.) §
435.119.
(4) Categorical relationship to the pregnancy
group is established when the determination is made by medical evidence that
the individual is or has been pregnant. Verification of pregnancy is only
required if the individual's declaration that she is pregnant is not reasonably
compatible with other information available to the agency. Pregnancy-related
services include all medical services provided within the scope of the program
during the prenatal, delivery and postpartum periods for women in this
pregnancy group; see Subchapter 22 of this Chapter for services for unborn
children covered under Title XXI.
(5) For an individual age nineteen (19) or
over to be related to the parent and caretaker relative group, the individual
must have a minor dependent child.
(6) For an individual to be related to the
former foster care children group, the individual must have been receiving
Medicaid benefits as a foster care child in Oklahoma or another state when
he/she attained the age of eighteen (18), or aged out of foster care, until
he/she reaches the age of twenty-six (26). If the individual aged out of foster
care in a state other than Oklahoma, the date of ageing out had to occur on
January 1, 2023, or later, and the individual must now be residing in Oklahoma.
There is no income or resource test for the former foster care children group.
(7) Categorical relationship to
refugee services is established in accordance with OAC
317:35-5-25.
(8) Categorical relationship for the Breast
and Cervical Cancer (BCC) treatment program is established in accordance with
Subchapter 21 of this Chapter.
(9)
Categorical relationship for the SoonerPlan family planning program is
established in accordance with OAC
317:35-5-8.
(10) Categorical relationship for pregnancy
related benefits covered under Title XXI is established in accordance with
Subchapter 22 of the Chapter. Benefits for pregnancies covered under Title XXI
medical services are provided within the scope of the program during the
prenatal, delivery and postpartum care when included in the global delivery
payment.
(b) To be
eligible for SoonerCare benefits, an individual must be related to one (1) of
the following eligibility groups and as defined above in this Section:
(1) Aged;
(2) Disabled;
(3) Blind;
(4) Pregnancy;
(5) Children, including newborns deemed
eligible;
(6) Parents and caretaker
relatives;
(7) Refugee;
(8) BCC treatment program;
(9) SoonerPlan family planning
program;
(10) Benefits for
pregnancies covered under Title XXI;
(11) Former foster care children; or
(12) Expansion
adults.
(c) The Authority
may provide SoonerCare to reasonable categories of individuals under age
twenty-one (21).
(1) Individuals eligible for
SoonerCare benefits include individuals between the ages of nineteen (19) and
twenty-one (21):
(A) For whom a public agency
is assuming full or partial financial responsibility who are in custody as
reported by Oklahoma Human Services (OKDHS) and in foster homes, private
institutions or public facilities; or
(B) In adoptions subsidized in full or in
part by a public agency; or
(C)
Individuals under age twenty-one (21) receiving active treatment as inpatients
in public psychiatric facilities or programs if inpatient psychiatric services
for individuals under age twenty-one (21) are provided under the State Plan and
the individuals are supported in full or in part by a public agency;
or
(2) Individuals
eligible for SoonerCare benefits include individuals between the ages of
eighteen (18) and twenty-one (21) if they are in custody as reported by OKDHS
on their eighteenth (18 th) birthday and living in an out-of-home
placement.
Notes
Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency) ; Added at 12 Ok Reg 3133, eff 7-27-95 ; Amended at 13 Ok Reg 911, eff 8-1-95 (emergency) ; Amended at 13 Ok Reg 2537, eff 6-27-96 ; Amended at 19 Ok Reg 136, eff 9-1-01 (emergency) ; Amended at 19 Ok Reg 2149, eff 6-27-02 ; Amended at 22 Ok Reg 1012, eff 4-1-05 (emergency) ; Amended at 22 Ok Reg 2518, eff 7-11-05 ; Amended at 23 Ok Reg 275, eff 9-1-05 (emergency) ; Amended at 23 Ok Reg 1387, eff 5-25-06 ; Amended at 25 Ok Reg 430, eff 1-1-08 (emergency) ; Amended at 25 Ok Reg 1227, eff 5-25-08 ; Amended at 27 Ok Reg 1481, eff 6-11-10 ; Amended at 29 Ok Reg 1149, eff 6-25-12 ; Amended at 30 Ok Reg 1209, eff 7-1-13
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) In order to be eligible for SoonerCare, an individual must first meet the description of a member eligibility group.
(1) For individuals related to the aged , blind, or disabled groups, categorical relationship is established using the same definitions of age, disability, and blindness as used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) or SSA benefits.
(2) If the individual is a SSA/SSI recipient in current payment status (including presumptive eligibility), a Temporary Assistance for Needy Families (TANF) recipient, an adoption assistance or kinship guardianship assistance recipient, or is under age nineteen (19), categorical relationship is automatically established.
(3) For individuals related to expansion adults the categorical relationship is established and defined by 42 Code of Federal Regulations (C.F.R.) § 435.119.
(4) Categorical relationship to the pregnancy group is established when the determination is made by medical evidence that the individual is or has been pregnant. Verification of pregnancy is only required if the individual's declaration that she is pregnant is not reasonably compatible with other information available to the agency. Pregnancy-related services include all medical services provided within the scope of the program during the prenatal, delivery and postpartum periods for women in this pregnancy group; see Subchapter 22 of this Chapter for services for unborn children covered under Title XXI.
(5) For an individual age nineteen (19) or over to be related to the parent and caretaker relative group, the individual must have a minor dependent child.
(6) For an individual to be related to the former foster care children group, the individual must have been receiving Medicaid benefits as a foster care child in Oklahoma or another state when he/she attained the age of eighteen (18), or aged out of foster care, until he/she reaches the age of twenty-six (26). If the individual aged out of foster care in a state other than Oklahoma, the date of ageing out had to occur on January 1, 2023, or later, and the individual must now be residing in Oklahoma. There is no income or resource test for the former foster care children group.
(7) Categorical relationship to refugee services is established in accordance with OAC 317:35-5-25.
(8) Categorical relationship for the Breast and Cervical Cancer (BCC) treatment program is established in accordance with Subchapter 21 of this Chapter.
(9) Categorical relationship for the SoonerPlan family planning program is established in accordance with OAC 317:35-5-8.
(10) Categorical relationship for pregnancy related benefits covered under Title XXI is established in accordance with Subchapter 22 of the Chapter. Benefits for pregnancies covered under Title XXI medical services are provided within the scope of the program during the prenatal, delivery and postpartum care when included in the global delivery payment.
(b) To be eligible for SoonerCare benefits, an individual must be related to one (1) of the following eligibility groups and as defined above in this Section:
(1) Aged ;
(2) Disabled ;
(3) Blind ;
(4) Pregnancy;
(5) Children, including newborns deemed eligible;
(6) Parents and caretaker relatives;
(7) Refugee;
(8) BCC treatment program;
(9) SoonerPlan family planning program;
(10) Benefits for pregnancies covered under Title XXI;
(11) Former foster care children; or
(12) Expansion adults.
(c) The Authority may provide SoonerCare to reasonable categories of individuals under age twenty-one (21).
(1) Individuals eligible for SoonerCare benefits include individuals between the ages of nineteen (19) and twenty-one (21):
(A) For whom a public agency is assuming full or partial financial responsibility who are in custody as reported by Oklahoma Human Services (OKDHS) and in foster homes, private institutions or public facilities; or
(B) In adoptions subsidized in full or in part by a public agency; or
(C) Individuals under age twenty-one (21) receiving active treatment as inpatients in public psychiatric facilities or programs if inpatient psychiatric services for individuals under age twenty-one (21) are provided under the State Plan and the individuals are supported in full or in part by a public agency; or
(2) Individuals eligible for SoonerCare benefits include individuals between the ages of eighteen (18) and twenty-one (21) if they are in custody as reported by OKDHS on their eighteenth (18 th) birthday and living in an out-of-home placement.
Notes
Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency) ; Added at 12 Ok Reg 3133, eff 7-27-95 ; Amended at 13 Ok Reg 911, eff 8-1-95 (emergency) ; Amended at 13 Ok Reg 2537, eff 6-27-96 ; Amended at 19 Ok Reg 136, eff 9-1-01 (emergency) ; Amended at 19 Ok Reg 2149, eff 6-27-02 ; Amended at 22 Ok Reg 1012, eff 4-1-05 (emergency) ; Amended at 22 Ok Reg 2518, eff 7-11-05 ; Amended at 23 Ok Reg 275, eff 9-1-05 (emergency) ; Amended at 23 Ok Reg 1387, eff 5-25-06 ; Amended at 25 Ok Reg 430, eff 1-1-08 (emergency) ; Amended at 25 Ok Reg 1227, eff 5-25-08 ; Amended at 27 Ok Reg 1481, eff 6-11-10 ; Amended at 29 Ok Reg 1149, eff 6-25-12 ; Amended at 30 Ok Reg 1209, eff 7-1-13