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Chapter 10 – Rule Impact Statement
Chapter 10 – OAC 365:10-5-129.2 Medicare Supplement SEP Proposed Emergency Rule Text
Chapter 10 – OAC 365:10-5-129.2 Medicare Supplement SEP Adopted Emergency Rule Text
Chapter 10 – Governors Approval of OAC 365:10-5-129.2 Medicare Supplement SEP Emergency Rule
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For Immediate Release:
March 9, 2023
By Oklahoma Insurance Commissioner Glen Mulready
Here in Oklahoma, we know all too well the damage flooding causes and the danger it presents. In May 2019, Oklahomans saw some of the worst flooding in history after 17 tornadoes struck the state in one day. The storm carried 5 to 6 inches of rainfall, causing the tragic loss of lives and significant financial damage. Flooding devastated thousands of Oklahomans, resulting in more than $31 million in estimated losses. In addition, more than 6,000 flood claims were reported, yet far too many storm victims did not have flood insurance.
March is Flood Insurance Awareness Month in Oklahoma. I want to remind Oklahomans to get ready before spring flooding and consider getting flood insurance coverage now. Here are three reasons why now is a great time to learn more about the importance and benefits of flood insurance.
While we cannot prevent another flood from occurring, we can get our state financially prepared for the damage when it hits. This month let’s make sure Oklahomans understand their flood risk. As I always like to remind folks—If it rains where you live, it can flood where you live.
For more insurance information, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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| To: | Oklahoma Licensed Producers, Oklahoma Licensed Health Insurers and HMOs and Other Interested Parties |
| Re: | End of Medicaid Continuous Enrollment Period |
| From: | Glen Mulready, Insurance Commissioner |
| Date: | March 8, 2023 |
The Families First Coronavirus Response Act of 2020 (FFCRA) required state Medicaid agencies to continue coverage for enrollees through the COVID-19 Public Health Emergency (COVID-19 PHE). The Consolidated Appropriations Act decoupled the continuous enrollment period from the public health emergency effective April 1, 2023, which means the continuous enrollment period eligibility will also end. More than 300,000 Oklahomans currently enrolled in SoonerCare (Oklahoma Medicaid) are expected to be ineligible to participate in the program.
On December 29, 2022, the Consolidated Appropriations Act of 2023 was signed into law and includes a provision directing state Medicaid agencies to resume normal eligibility determinations as early as February 2023 as outlined by the Centers for Medicare & Medicaid Services (CMS). Termination of coverage or disenrollment based on eligibility determinations will take place beginning April 30, 2023 and over the remainder of 2023. Disenrollment timing will be based on criteria established by the Oklahoma Health Care Authority (OHCA), the state agency responsible for the SoonerCare program.
Impacted SoonerCare members will be sent a series of letters from the OHCA as follows: 1) an initial letter that renewals are restarting; 2) a second letter that identifies the end of coverage and the reason for the ineligibility; 3) a third letter, 45 days before the coverage end date, reminding the participant to update information on the on-line application; and 4) a fourth letter 10 days before coverage ends.
For those losing SoonerCare benefits, a special enrollment period (SEP) on the Affordable Care Act (ACA) marketplace has been established that will run from March 31, 2023 to July 31, 2024. OHCA will send participant information directly to www.healthcare.gov, which will communicate information and assist with an ACA plan enrollment. An SEP also has been put into place for participants who are losing SoonerCare coverage and have access to employer-based coverage. The employee must request enrollment in the employer plan within 60 days of his or her termination date from SoonerCare.
Licensed agents, brokers, issuers, and other interested parties are strongly encouraged to assist individuals and families in understanding and facilitating enrollment in ACA plans or employer-based coverage. Additionally, navigator entities across the state, organized by Legal Aid of Oklahoma (myOKplan.org) will be assisting with enrollments.
Regulated entities can direct inquiries to Mike Rhoads at mike.rhoads@oid.ok.gov and Rebecca Ross at rebecca.ross@oid.ok.gov at the OID.
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For Immediate Release:
March 3, 2023
OKLAHOMA CITY – The Oklahoma Insurance Department’s (OID) Captive Insurance Director, Steve Kinion, has been named in the 2023 Captive Review Power 50. The Captive Review Power 50 recognizes professionals having the most influence within the global captive insurance industry. Kinion was listed as number 41. According to Captive Review, more than 7,800 individuals voted for the Power 50 this year.
Kinion was named to the Top 50 from 2014 to 2019 and 2021 to 2023. Captive Review also named Kinion as the inaugural recipient of the Captive Industry Advocate in 2016 to recognize his advocacy for captive insurance before the National Association of Insurance Commissioners. He also holds the Associate in Captive Insurance (ACI) designation, the highest professional designation for captive insurance. Fewer than 700 individuals hold the ACI designation.
“Steve is a talented leader and well-respected across the captive insurance industry,” Insurance Commissioner Glen Mulready said. “This recognition demonstrates Steve’s and his team’s commitment and determination to bring Oklahoma’s captive insurance program to a higher level of excellence.”
“It’s an honor to be included again in the Power 50 list,” Kinion said. “It’s also a credit to Oklahoma’s continued success as one of the fastest-growing captive domiciles and a great recognition of Oklahoma’s modern captive insurance laws and practices.”
Earlier this week, Senate Bill 620 was passed out of the Oklahoma Senate Judiciary Commissioner with a vote of 12-0. SB 620 will allow captive insurance companies to insure Side A Directors and Officers insurance coverage for Oklahoma corporations.
If you have insurance questions, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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For Immediate Release:
February 27, 2023
OKLAHOMA CITY -The Oklahoma Insurance Department (OID) has become aware of inaccurate and misleading communications affecting Oklahoma consumers. Several large employers have sent letters to their employees with erroneous information regarding changes to their CVS/Caremark prescription program.
One of the most troubling inaccuracies is the claim that the law in Oklahoma no longer allows for 90-day prescriptions. The law (HB2632, creating the Patient’s Right to Pharmacy Choice Act) in Oklahoma does allow for the filling of 90-day supply prescriptions. However, it is against the law to incentivize patients to fill prescriptions through mail order rather than their pharmacy of choice. Furthermore, some letters claimed that the Oklahoma Insurance Commissioner would begin enforcing HB2632 on February 23, 2023. The Oklahoma Insurance Department has been enforcing this law since September 2020.
Oklahoma Insurance Commissioner Glen Mulready stated, “It is concerning that these misrepresentations are being spread to employees in Oklahoma. The facts are that as part of a legal settlement with CVS/Caremark, letters were supposed to be sent out to consumers explaining their options for prescriptions and instead of clarifying, the letters that were sent have only spread more misinformation to the citizens of this great state.”
The Oklahoma Insurance Department has issued $3.5 million in fines to pharmacy benefit managers and overseen $700,000 in reimbursements to local pharmacies since enforcement of this law began on September 1, 2020.
OID is committed to ensuring the people of Oklahoma have access to accurate information regarding their healthcare needs. We urge Oklahoma employers to verify the accuracy of their communications before sending them to their employees.
Please direct questions to Ashley Scott, Director of PBM Compliance and Enforcement, at Ashley.scott@oid.ok.gov.
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For Immediate Release:
February 24, 2023
According to the most recent report from the United States Geological Survey, almost half of all Americans are at risk for damage from an earthquake. Unlike other disasters, earthquakes occur with no warning. Unfortunately, standard homeowners and renters policies don’t cover earthquake damage. If your home is damaged in an earthquake and you don’t have earthquake insurance, you’ll have to pay for repairs yourself.
As February is Earthquake Awareness Month, I like to remind Oklahomans to get ready before an earthquake strikes and consider earthquake insurance. This month, please talk to your insurance agent to understand your risk and determine whether earthquake coverage makes sense for you. Here’s what you need to know about earthquake insurance.
What Earthquake Insurance Covers
Earthquake insurance covers the cost of rebuilding your home or replacing your belongings if they’re damaged during an earthquake. If your home is so damaged that you can’t live there, your policy might also pay for temporary living expenses while your home is being repaired.
What Earthquake Insurance Does Not Cover
It doesn’t cover damage caused by a disaster that’s caused by an earthquake. This type of loss is called indirect damage. For example, earthquake insurance will not pay to repair the damage if you live near a lake that floods your home after an earthquake. However, you’ll get some financial help if you have flood insurance.
To learn more about earthquake insurance, visit https://www.oid.ok.gov/earthquakes.
For more information, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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For Immediate Release:
February 23, 2023
OKLAHOMA CITY – The Oklahoma Insurance Department (OID) today announced the latest captive numbers in Oklahoma. As one of the fastest-growing domiciles for captives in the country, the OID has attracted many companies to do business in Oklahoma and now has more than 50 licensed captives in the state.
The State of Oklahoma added 11 new captive insurance companies in 2022. Four were licensed as series captive insurers, four as pure captive insurers, two as special purpose and one as a sponsored captive insurer. In addition, the OID had four captive insurer dissolutions in 2022, netting seven new captives in the Sooner State. In 2021, Oklahoma ended with 45 active captive insurers and the seven new additions resulted in 52 captive insurers—a 15% percent growth rate from 2021 to 2022.
“2022’s results represent the continuous growth of Oklahoma’s captive insurance program,” said Insurance Commissioner Glen Mulready. “I am not only pleased with 2022’s growth, but to date in 2023, Oklahoma has already issued three additional captive insurer licenses. This growth is attributable to Oklahoma’s business-friendly environment, modern captive insurance laws and experienced captive insurance staff.”
“Our Captive Insurance Division’s dedication and efficient regulation of captive insurance companies have helped raise awareness about captive insurance in Oklahoma. We look forward to continuing this momentum and expanding our efforts in 2023,” OID’s Captive Insurance Director Steve Kinion said.
If you have insurance questions, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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For Immediate Release:
February 14, 2023
OKLAHOMA CITY – On February 2, 2023, the Oklahoma Receivership Office’s (ORO) Donna Wilson received the Distinguished Service Award from the International Association of Insurance Receivers (IAIR). The IAIR Distinguished Service Award is an annual award given to an IAIR member who exhibits characteristics consistent with IAIR’s Mission and Code of Ethics. This year’s award was presented during the 2023 Resolution Workshop in Savannah, Georgia.
Wilson is the Assistant Receiver and Estate Manager at the ORO and has been a member of the IAIR since 2014. Wilson achieved the designation of IAIR’s Certified Insurance Receiver of Multiple Lines, now called Certified Insurance Resolution Director of Multiple Lines (CIRD-ML) in 2010. Since being elected as Director in 2011, she has served in various offices and committees, including serving as President from 2015-2017.
“I am honored to receive the IAIR Distinguished Service Award,” Wilson said. “IAIR has been instrumental to my success as Assistant Receiver to the Oklahoma Insurance Commissioner. Not only are the IAIR educational events important, but I also appreciate the support of each IAIR member and Commissioner Mulready.”
“Donna’s new award is well deserved,” Insurance Commissioner Glen Mulready said. “We are fortunate to have an individual as dedicated and accomplished as Donna to represent us as Receiver. I appreciate the IAIR for recognizing her hard work, expertise, and contributions to the insurance industry.”
The following are some of the recipient’s criteria:
If you have insurance questions, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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For Immediate Release:
February 9, 2023
OKLAHOMA CITY – Oklahoma Insurance Commissioner Glen Mulready has been appointed by the National Association of Insurance Commissioners (NAIC) to serve as the Chair for the American Indian and Alaska Native Liaison Committee in 2023. He was also named Vice Chair of the Receivership and Insolvency (E) Task Force and the Regulatory Framework (B) Task Force.
“I am honored and excited to serve as Chair of this important committee. This appointment holds significant importance as Oklahoma has a rich history of Native American heritage and 39 tribal nations,” Mulready said. “It is an opportunity to bring attention to consumer protection issues and market challenges unique to sovereign tribal nations and to reflect the deep heritage, culture, and contributions of Oklahoma Native Americans.”
In addition to these leadership roles, Commissioner Mulready is a standing member on three letter committees for the upcoming year; Life Insurance and Annuities (A), Health Insurance and Managed Care (B), and Property and Casualty Insurance (C) Committees.
Furthermore, the NAIC announced the 2023 committee assignments for task forces and liaison groups for Oklahoma. Nine Oklahoma Insurance Department (OID) staff members were assigned various roles after carefully considering multiple factors, including each member’s expertise, zone balance, and other key considerations.
The OID staff members will serve on the following committees:
“I am extremely proud to have our team members selected for these important assignments. I appreciate the NAIC for recognizing our team’s dedicated service, expertise, and contributions to the insurance industry. I am confident they will ensure Oklahoma is well-represented in these committees,” said Mulready.
The NAIC is the U.S. standard-setting and regulatory support organization created and governed by insurance regulators from all 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer reviews, and coordinate regulatory oversight.
If you have insurance questions, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
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For Immediate Release:
February 3, 2023
OKLAHOMA CITY – Oklahoma Insurance Commissioner Glen Mulready announced the appointment of Ashley Scott as the new Director for the Oklahoma Insurance Department’s (OID) Pharmacy Benefit Manager (PBM) Compliance and Enforcement Division. In addition, Molly Clinkscales was appointed as the lead attorney for the program.
Scott has been with the Department since 2020 and currently serves as the agency’s Government and Community Affairs Director. She will continue in this role in addition to the new appointment. Scott has over 15 years of state service focused on policy development and implementation. She has worked in several state agencies and for the Majority Floor Leader, Speaker Pro Tempore and Speaker of the House in the Oklahoma House of Representatives during multiple administrations.
Clinkscales joined the legal team of OID as an Assistant General Counsel in 2021 with the primary focus areas of life and health insurance, including PBM regulation. She graduated from the University of Oklahoma College of Law and has been in state service since 2018.
“Ashley is well-respected across state government and has been a vital part of our team since the beginning of building our PBM regulatory program,” said Insurance Commissioner Glen Mulready. “I am excited that we are officially bifurcating these two positions and having Molly serve as lead counsel gives me great confidence in carrying out our regulatory mission. Both team members have extensive knowledge of current laws and regulations which will allow us to continue seamlessly, and I look forward to this next phase under their leadership.”
Oklahoma is a national leader on developing a regulatory framework for Pharmacy Benefit Managers and serves as vice-chair on the National Association of Insurance Commissioners (NAIC) PBM Working Group. During the last year, the PBM division has resolved over 200,000 violations, issued over 25 administrative orders, entered into five settlement agreements, and returned almost $700,000 in fee reimbursements to local Oklahoma independent pharmacies.
If you have insurance questions, please contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.
