1. (a) The Oklahoma Health Care Authority offers approximately forty (40) different types of administrative appeals. Some of the appeals are appealable to the chief executive officer (CEO) and some are not. The following appeals are subject to further review upon timely submission of a request for CEO appeal and may be reviewed by the CEO, or his or her designated independent administrative law judge (ALJ), following the decision of the OHCA ALJ:

   1. (1) Appeals under Oklahoma Administrative Code (OAC) 317:2-1-2(d)(1)(A) to (d)(1)(H), with the exception of subsection (d)(1)(E); and
   2. (2) Appeals under OAC 317:2-1-2(d)(2)(A) to (d)(2)(I), with the exceptions of subsections (d)(2)(D),(E),(F),(G), and (I).
2. (b) Appeals to the CEO must be filed with the OHCA within thirty (30) days of the date of the Order, or decision by OHCA.
3. (c) No new evidence may be presented to the CEO.
4. (d) Appeals to the CEO under (a) of this Section may be filed by the provider, member, or agency. The CEO will ordinarily render decisions within sixty (60) days of the receipt of the appeal.
5. (e) The CEO may only designate an independent ALJ at another state agency, as established in the Oklahoma State Medicaid Plan and approved by the Centers for Medicare and Medicaid Services, to review a CEO appeal.

Added at 23 Ok Reg 761, eff 3-9-06 (emergency)

Added at 23 Ok Reg 2430, eff 6-25-06

Amended at 26 Ok Reg 3020, eff 7-21-09 (emergency)

Amended at 27 Ok Reg 925, eff 5-13-10

Amended at 28 Ok Reg 259, eff 11-15-10 (emergency)

Amended at 28 Ok Reg 1376, eff 6-25-11

Amended at 33 Ok Reg 783, eff 9-1-16

Amended at 36 Ok Reg 850, eff 9-1-19

Amended at 37 Ok Reg 508, eff 1-6-20 (emergency)

Amended at 37 Ok Reg 1465, eff 9-14-20

Amended at 38 Ok Reg 401, eff 12-18-20 (emergency)

Amended at 38 Ok Reg 958, eff 9-1-21

Amended at 39 Ok Reg 392, eff 12-21-21 (emergency)

Amended at 39 Ok Reg 1411, eff 9-12-22