SB 729 Summary

• Amends 63 O.S. 2011, Section 5051.1 to clarify that medical damages are a priority over all other damages and must be paid by the tortfeasor before other damages are allocated or paid.

• Establishes that the Oklahoma Health Care Authority's lien is superior to any other lien or subrogation of interest, except only to attorney fees and costs.

• Requires Medicaid recipients to notify the Authority prior to any compromise or settlement with a third party when the Authority has provided or become obligated to provide medical assistance.

• Prohibits approval of Medicaid special needs trusts until the Authority has been made whole and paid in full for all medical claims associated with the action.

• Effective date: November 1, 2017.