Title 56. Poor Persons
§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 Repealed by Laws 1957, p. 455, § 7.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 Repealed by Laws 1957, p. 455, § 7.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 Repealed by Laws 1957, p. 455, § 7.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(C) Repealed by Laws 1957, p. 455, § 7, emerg.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 requ