Okla. Admin. Code § 317:45-9-1 - Employee eligibility requirements

(a) Employees must complete and submit the OHCA required forms and application to be considered for participation in the program.

(b) The eligibility determination will be processed within thirty (30) days from the date the application is received. The employee will be notified in writing of the eligibility decision.

(c) All eligible employees described in this section must be enrolled in their employer's qualified benefit plan. Eligible employees must:

(1) Have countable income at or below the appropriate standard according to the family size on the Insure Oklahoma ESI Income Guidelines form;

(A) Financial eligibility for Insure Oklahoma ESI benefits is determined using the MAGI methodology. Unless questionable, the income of applicants does not require verification. See OAC 317:35-6-39 through 317:35-6-55 for the applicable MAGI rules for determining household composition and countable income.

(B) Income is evaluated on a monthly basis for all individuals included in the case for Insure Oklahoma ESI Benefits.

(2) Be a US citizen or alien as described in OAC 317:35-5-25;

(3) Be Oklahoma residents;

(4) Furnish, or show documentation of an application for, a Social Security number at the time of application for Insure Oklahoma ESI benefits;

(5) Not be receiving benefits from SoonerCare or Medicare;

(6) Be employed with a qualified employer at a business location in Oklahoma;

(7) Be age nineteen (19) through age sixty-four (64);

(8) Be eligible for enrollment in the employer's QBP;

(9) Not have full-time employment with any employer who does not meet the eligible employer guidelines listed in OAC 317:45-7-1(a)(1) -(2);

(10) Select one of the QBPs the employer is offering; and

(11) Provide in a timely manner any and all documentation that is requested by the Insure Oklahoma program by the specified due date.

(d) An employee's dependents are eligible when:

(1) The employer's benefit plan includes coverage for dependents;

(2) The employee is eligible;

(3) If employed, the spouse may not have full-time employment with any employer who does not meet the eligible employer guidelines listed in OAC 317:45-7-1(a) (1)-(2); and

(4) The dependents are enrolled in the same benefit plan as the employee.

(e) If an employee or their dependents are eligible for multiple QBPs, each may receive a subsidy under only one benefit plan.

(f) College students may enroll in the Insure Oklahoma ESI program as dependents. Financial eligibility for Insure Oklahoma ESI benefits for college students is determined using the MAGI methodology. See OAC 317:35-6-39 through 317:35-6-55 for the applicable MAGI rules for determining household composition and countable income. Dependent college students must enroll under their parents and all annual gross household income (including parent income) must be included in determining eligibility. Independent college students may apply on their own without parent income included in the household. College student status as dependent or independent is determined by the student's current Free Application for Federal Student Aid (FAFSA) or the university's financial aid office. College students must also provide a copy of their current student schedule to prove full-time student status.

(g) Working dependent children must have countable income at the appropriate standard according to the family size on the Insure Oklahoma ESI Income Limits Guidelines form. Financial eligibility for Insure Oklahoma ESI benefits is determined using the MAGI methodology. See OAC 317:35-6-39 through 317:35-6-55 for the applicable MAGI rules for determining household composition and countable income. Children found to be eligible for SoonerCare may not receive coverage through Insure Oklahoma.

(h) ESI approved individuals must notify the OHCA of any changes, including household status and income, that might impact individual and/or dependent eligibility in the program within ten (10) days of the change.

(i) When the agency responsible for determining eligibility for the member becomes aware of a change in the member's circumstances, the agency will promptly redetermine eligibility for all household members whose eligibility is affected by the change.

Notes

Okla. Admin. Code § 317:45-9-1

Added at 23 Ok Reg 278, eff 10-3-05 (emergency); Added at 23 Ok Reg 819, eff 2-1-06 (emergency); Added at 23 Ok Reg 2590, eff 6-25-06; Amended at 24 Ok Reg 101, eff 8-2-06 (emergency); Amended at 24 Ok Reg 700, eff 2-1-07 (emergency); Amended at 24 Ok Reg 2160, eff 6-25-07; Amended at 25 Ok Reg 169, eff 11-1-07 (emergency); Amended at 25 Ok Reg 1289, eff 5-25-08; Amended at 26 Ok Reg 2169, eff 6-25-09; Amended at 27 Ok Reg 2391, eff 7-1-10 (emergency); Amended at 28 Ok Reg 1574, eff 6-25-11

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015 Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 9/1/2016 Amended by Oklahoma Register, Volume 34, Issue 23, August 15, 2017, eff. 9/1/2017 Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018 Amended by Oklahoma Register, Volume 38, Issue 22, August 2, 2021, eff. 7/1/2021 Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022