Attorney General opinion, 2013-7, 05/16/2013

              OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION 2013-7
The Honorable Dan Newberry May 16,2013
State Senator, District 37
2300 N. Lincoln Blvd., Room 414
Oklahoma City, Oklahoma 73105
Dear Senator Newberry:
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:
Is the Oklahoma Health Care Authority Board authorized by 63 O.S.2011, § 5030.5 to create, by administrative rule, a third tier of drugs or drug classes to be placed on prior authorization for approval for Medicaid payment?
I.
THE STATUTORY FUNCTIONS OF THE OKLAHOMA HEALTH CARE AUTHORITY, THE OKLAHOMA HEALTH CARE AUTHORITY BOARD AND THE MEDICAID DRUG UTILIZATION REVIEW BOARD
Your question requires an analysis of the functions of three statutorily created entities: the Oklahoma Health Care Authority ("Health Care Authority"), created at 63 O.S.2011, § 5006(A); the Oklahoma Health Care Authority Board ("OHCA Board"), created at 63 O.S.2011, § 5007(A); and the Medicaid Drug Utilization Review Board ("DUR Board"), an entity created within the Health Care Authority pursuant to 63 O.S.2001, § 5030.1(A).
A. The Oklahoma Health Care Authority
The Legislature created the Health Care Authority for the stated purpose of " [pjurchas [ing] state and education employees' health care benefits and Medicaid benefits" and vested it with the responsibility of exercising all "incidental powers which are necessary and proper to carry out the purposes ofthe Oklahoma Health Care Authority Act." 63 O.S.2011, §§ 5003(B)(1), 5006(A)(10). The Health Care Authority has been given the specific power to " [ajdminister programs and enforce laws placed under the jurisdiction of the Authority pursuant to the Oklahoma Health Care Authority Act, and such other duties prescribed by law[.]" Id. § 5006(A)(7).
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
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