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Hand-Picked Group to Begin Wielding Powers over State Agencies

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A small group of unelected citizens, all appointed by Republican state leaders, will soon be exercising significant powers to decide how the state’s top agencies spend their funding and which services they should provide.
Legislators and Gov. Mary Fallin added $2 million to the state budget this year to pay for state agency audits to be conducted by a private firm and overseen by a commission of Oklahoma business leaders.
Conservative lawmakers say this private-sector approach work will uncover waste, fraud and unnecessary spending that goes beyond agencies’ legislative or constitutional directives.
But the new funding has drawn critics from both Republicans and Democrats, who say the audits are expensive and are likely to reveal little beyond agencies’ need for more money to carry out their core missions.
A larger concern, they argue, is that the state is potentially politicizing the audits and giving a group of businessmen undue influence over how the state spends taxpayer dollars.
A Focus on Cost-Cutting
The task of overseeing the audits falls to the newly formed, nine-member Agency Performance and Accountability Commission. The general concept of the group was spelled out in a billapproved by the Legislature and signed by Gov. Mary Fallin last year. Appointed by Fallin and GOP House and Senate leaders, the commission is in the process of hiring a firm that will conduct the first round of performance audits. Performance audits are designed look at how effective and efficient programs are.
Instead of just forwarding cost-saving recommendations to the audited agencies – the case with traditional audits – the law creating the commission says the agencies “shall implement the recommendations” unless otherwise directed by the Legislature.
That gives the group more powers than those of other private-led commissions that the Legislature created in the past. For example, the Incentive Evaluation Commission, charged with making recommendations on many business tax breaks, only had an advisory role and could not instruct agencies on what to cut or keep.
Rep. David Perryman, D-Chickasha, said he believes this is an attempt by lawmakers to circumvent the Legislature and agency directors who control spending decisions, with the goal of cutting budgets and shrinking government.
“Theoretically, under Oklahoma law, when an agency head is hired, they’re supposed to have expertise in wherever they are serving,” Perryman said. “So we are basically taking away their ability to function in their own areas of expertise and, instead, having this group come in and dictate that something needs to be done a certain way.”
Perryman said because just three Republicans – Fallin, Senate Pro Tempore Mike Schulz, R-Altus, and House Speaker Charles McCall, R-Atoka – had any say in selecting the members, he questions how objective and non-partisan the commission will be. The commission could “conceal” findings that might not coincide with the views of those leaders, giving political cover to cut budgets or reduce services, he said.
State Auditor and Inspector Gary Jones, a Republican who is running for governor, said he’s also concerned.
A request for proposal, which set out the scope of work for companies that wanted to bid, is proof that the audits won’t be independent or meet the standards his office must meet, he said.
Instead of honestly evaluating whether an agency is performing correctly, needs more money or can cut costs, the document specifically requires the firm to identify cost-cutting moves.
Among other things, the request says the firm “will be expected to explore savings” by identifying areas where the level of service exceeds what is necessary, or by consolidating agencies and privatizing services.
Jones said it’s improper for such a request to require the auditor to assume that costs need to be cut.
“You can’t have pre-determined outcomes,” he said.
Jones said his office was invited to bid on the audits or recommend who should do the audits. But he declined because he didn’t believe the request for proposal would allow him to perform a truly independent audit.
“We didn’t want any of our fingerprints on this,” he said.
He said concerns over politicizing the process would have been moot had Fallin not vetoed a billin 2013 to create the Joint Legislative Committee on Accountability.
Jones said his office would likely be able to perform the audit more cheaply than a private firm could. The state auditor’s office does not make a profit, and would be better qualified than a company that may not even be located in Oklahoma, he said.
 ‘A Fresh Look’
Republican leaders have defended the commission and expressed confidence in its members, who are volunteering without pay.
At the commission’s first meeting in December, McCall, the Speaker, called the effort a “fresh look” and said taking a “very private-sector approach” can be more productive than a traditional government audit.
“The vision for this commission is not to just look at financial matters – those are currently reviewed,” he said. “But this will look at the processes agencies use, the programs they are involved in and their structure and other various things.”
Senate leader Schulz added, “There never can be too much oversight” when it comes to deciding how taxpayers’ dollars are spent.
In a recent email to Oklahoma Watch, Schulz said, “It’s not surprising that Capitol insiders would reject the infusion of common sense and business acumen (the commission) will undoubtedly bring. Legislators, agency directors and taxpayers should expect (the commission) to provide actionable ideas and best practices that will ensure more efficient delivery of government services and expenditure of taxpayer dollars.”
Bob Sullivan, who heads the Tulsa-based oil and gas firm Sullivan and Company, is among those on the accountability commission. He also said commission members will bring a fresh perspective. The language requiring agencies to follow the recommendations is necessary because it gives “teeth” to their work.
“It makes me feel better that we are going to be spending time on something that has some chance of being implemented here,” he said.
Outlook for Audits 
The company that wins the bid to do the audits will face tight deadlines. A preliminary report is due Sept. 28, and a final one is due Dec. 31.
Only a small number of agencies will get a look this year. The commission is to audit the 20 largest state agencies on a rotating basis, but the $2 million in funding for fiscal year 2019 will only go so far.
The request for proposal, issued well before the 2019 budget was approved, says agencies that could be audited in the first year are the Oklahoma Tax Commission, Office of Management and Enterprise Services, the Department of Corrections, the Department of Public Safety, the District Attorneys Council and the Office of Juvenile Affairs.
The commission planned to meet May 9 to discuss its next steps and review proposals from five bidders. It also was expected to discuss when the Department of Education would be audited and how to pay for it.
But the meeting was called off when the group was told that its notice didn’t comply with the state Open Meeting Act. Another meeting will be scheduled.
The commission is required to publish its final report and a follow-up report online. The reports track whether agencies are following audit recommendations.

By Trevor Brown 
Oklahoma Watch

OKLAHOMA PARDON AND PAROLE BOARD RECOMMENDS LARGEST SINGLE-DAY COMMUTATION IN U.S. HISTORY

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OKLAHOMA CITY – The Oklahoma Pardon and Parole Board voted unanimously Friday to recommend the sentences of 527 state inmates be commuted, the largest such action in state and national history. The office of Governor Kevin Stitt will process the recommendations by end of day Friday for final approval.

“This is a historical day for criminal justice reform in Oklahoma, as we send the largest single day commutation of sentences in our nation’s history to the governor’s desk,” said Steven Bickley, Executive Director of the Pardon and Parole Board. “With this vote, we are fulfilling the will of Oklahomans. However, from day one, the goal of this project has been more than just the release of low level, non-violent offenders, but the successful reentry of these individuals back into society. It has been a moving experience to see our state and community partners help connect our inmates with the resources they need for a successful reentry and I thank Governor Stitt, DOC Director Scott Crow, and the many local nonprofits, churches, and job creators that stepped up to ensure these inmates have every opportunity for success.” 

“I applaud the Pardon and Parole Board’s dedication to fulfill the will of the people through the HB 1269 docket, giving hundreds of non-violent, low-level offenders an opportunity at a second chance,” said Governor Stitt. “I also thank the Department of Corrections and the many non-profits who are stepping up and working hard to connect our inmates with the resources they need for a successful transition. This event is another mark on our historic timeline as we move the needle in criminal justice reform, and my administration remains committed to working with Oklahomans to pursue bold change that will offer our fellow citizens a second chance while also keeping our communities and streets safe.”

Friday’s historic vote on the single-stage commutation docket is the result of months-long collaboration among numerous state entities, including Pardon and Parole, the Oklahoma Department of Corrections, Office of Governor Kevin Stitt, Oklahoma Department of Mental Health and Substance Abuse Services, Oklahoma Employment Security Commission, Oklahoma Department of Human Services, Oklahoma District Attorneys Council and Oklahoma Department of Public Safety.

The board considered 814 inmates’ cases during the special meeting which was held the first day HB 1269 took effect. The 2019 law enabled the Pardon and Parole Board to hold an accelerated single-stage commutation docket to review the sentences of inmates in prison for crimes which would no longer be considered felonies if charged today.  In 2016, Oklahomans passed criminal justice reforms that made simple drug possession a misdemeanor and increased the felony dollar threshold from $500 to $1000 for felony property crimes.

The Board recommended to the Governor 527 inmates for commutation, 75% male and 25% female.  Because 65 inmates have detainers, 462 inmates will be released on Monday, November 4.  Of the inmates receiving a favorable recommendation: the average age was 39.7 years old, they had been incarcerated for the past three years, the recommendation was to commute 1,931 years resulting in inmates being released 1.34 years early on average.  Had these inmates served their full uncommuted sentence, it could have cost the State of Oklahoma approximately $11.9M for continued incarceration based upon the average costs.

In addition to the sheer number of inmates who received recommendations for commutation, this collaborative effort produced numerous other notable “firsts” in Oklahoma history.

With the leadership of the governor’s office, Pardon and Parole, and dozens of nonprofits, Oklahoma Department of Corrections held its first ever transition fairs for inmates’ at 28 facilities across the state.  More than 200 people from 45 community partners, nonprofits, and state agencies attended.  These fairs connected 781 inmates with the services they may need once released.

In another first, having done the necessary release work in advance, Oklahoma Department of Corrections will be ready to release the commuted inmates on Monday, November 4.  ODOC expects to receive the signed commutation certificates from the governor’s office Friday afternoon, thus enabling the facilities to work over the weekend processing the discharge paperwork, transferring inmates’ trust account money to debit cards, and preparing the necessary inmate discharge medications. 

Finally, in another first, ODOC was able to remove another major hurdle for many offenders as they return to society by arranging for recommended inmates to have a valid state-issued driver’s license or state-issued ID prior to discharge.  Removing this obstacle required through a massive coordinated work effort by ODOC staff and special grant funding from the George Kaiser Family Foundation and the Arnall Family Foundation, along with assistance from TEEM (The Education and Employment Ministry). 

Sen. Sharp files legislation allowing DAs to decide charges for hate crimes

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OKLAHOMA CITY – In an effort to deter future hate crimes and ensure criminals are held accountable, Sen. Ron Sharp has filed legislation strengthening Oklahoma’s hate crime law.  Senate Bill 1083 would allow districts attorney to choose whether to charge hate crime offenders with a misdemeanor or felony. 

            “When working to improve public safety, it’s important that criminals be held accountable for their crimes and that their punishment reflect the severity of their crimes,” said Sharp, R-Shawnee.  “Currently, Oklahoma’s hate crime statutes are not strong enough and I want to thank D.A. Allan Grubb for bringing this to my attention.  This bill will enable district attorneys to look at the evidence of a hate crime and decide what punishment best suits the circumstances to ensure justice is fully served.”

            Under current law, a first time hate crime offense is a misdemeanor while subsequent offenses are felonies.  SB 1083 will give DAs discretion when deciding what charges to file.

The bill was requested by Pottawatomie District Attorney Allan Grubb. Grubb filed hate crime charges including aggravated assault and battery, and conspiracy and malicious intimidation, in July against Devan Johnson and Brandon Killian for the brutal beating of Jarric Deshawn Carolina on June 22.  The two white men were caught on tape repeatedly punching, kicking and shouting racial slurs at Carolina, who is black, outside the Brick House Saloon in Shawnee.  Carolina’s life-threatening injuries put him in ICU where he spent two days on a ventilator.  He has since returned home where he is still recovering and has been unable to return to work.  Carolina developed an eye socket injury and has trouble walking and remembering things.

“Hate crimes are becoming more prevalent, and as District Attorneys, it’s important we have the ability to file charges that fit the crime.  Mr. Carolina had a brutal crime committed against him yet under current law, these two men can only be charged with a misdemeanor.  That isn’t adequate justice. They nearly killed Mr. Carolina and deserve a much harsher sentence,” Grubb said.  “I want to thank Senator Sharp for filing this important public safety legislation and hope it makes it through the legislative process quickly to ensure future hate crime victims receive fair justice and offenders are prosecuted to the fullest extent of the law.”

            The two men were charged with aggravated assault and battery and conspiracy and malicious intimidation, all of which fall under Oklahoma’s hate crime statute. Killian has also been charged with preparing false evidence for punching himself in the face repeatedly to make it appear Carolina had hurt him. After getting out on bail, Killian was arrested again in July in Oklahoma County after missing a court date for prior drug and stolen vehicle charges.

            SB 1083 will be assigned to committee when session begins in February.

Oklahoma Senators take oath of office

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Twenty-four new and returning members of the Oklahoma State Senate were sworn into office at the Capitol Wednesday with Lt. Gov. Todd Lamb, President of the Senate, presiding over the ceremony. The oath was administered by the Honorable Douglas L. Combs, Chief Justice of the Supreme Court.

New members taking the oath of office include David Bullard, R-Durant; Chuck Hall, R-Perry; Bill Coleman, R-Ponca City; Darrell Weaver, R-Moore; Mary Boren, D-Norman; Julia Kirt, D-Oklahoma City; John Michael Montgomery, R-Lawton; Carri Hicks, D-Oklahoma City; John Haste, R-Broken Arrow; Brenda Stanley, R-Oklahoma City; Brent Howard, R-Headrick; and George Young, D-Oklahoma City.

Returning members include Senators Marty Quinn, R-Claremore; Mark Allen, R-Spiro; Roger Thompson, R-Okemah; James Leewright, R-Sapulpa; Frank Simpson, R-Springer; Stephanie Bice, R-Oklahoma City; Darcy Jech, R-Kingfisher; Michael Brooks, D-Oklahoma City; Kim David, R-Porter; J.J. Dossett, D-Owasso; Kay Floyd, D-Oklahoma City; and Jason Smalley, R-Stroud.

The full Senate will officially convene for an organizational day on Tuesday, January 8, 2019, and the First Session of the 57th Legislature reconvenes on Monday, February 4. The deadline for requesting bills for the upcoming session is December 7. Those measures must be filed by January 17.

The Senate website has streaming video from all committee rooms and the chamber. Legislation, the Senate Journal, biographical information on members, high resolution photos, committee and floor agendas, votes and press releases can also be accessed at www.oksenate.gov.

House Democrats Name Emily Virgin as Minority Leader

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OKLAHOMA CITY – The House Democratic Caucus today elected a new leader for the 57thLegislature.

Rep. Emily Virgin, D-Norman, has been chosen to lead the caucus as Minority Leader. She served as the Caucus Chair during the 56th Legislature.

Virgin’s election is historic as women now lead both Democratic Caucuses in the Oklahoma Legislature.

“It’s humbling that the caucus has faith in me to lead during this important time in Oklahoma’s statehood,” Virgin said. “I am proud to represent women in this endeavor, but make no mistake, our caucus is focused on including all Oklahomans in the conversation regardless of gender, race or income level. This caucus moved the state in a positive direction the last session and helped guarantee the largest teacher pay raise in state history. We will fight to build on this success – not only in education but also in access to health care, expansion of mental health services, criminal justice reform, and providing opportunities for quality employment in Oklahoma communities.”

Budget Surplus for Next Year?

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 Last session, the Legislature raised taxes on cigarettes, motor fuels and production from new oil and gas wells. This provided enough money to fill a budget hole that loomed for much of the year. It also raised enough to fund an average teacher pay raise of $6,100 – the first raise in a decade – as well as give additional benefits to teachers and funding for textbooks and classroom materials. Money also went to DHS to support in-home care for elderly or disabled adults. Medicaid providers saw reimbursements increased. The Department of Health was able to reinstate funding for child abuse prevention services. Also, money was appropriated to the Department of Corrections to give their employees and guards a very modest pay raise. And, legislators were able to appropriate enough dollars to the Transportation Department to continue its 8-year plan for roads and bridges.

I’m hearing arguments that the state Legislature raised taxes too high last year. I’ve heard some say there will be a billion-dollar budget surplus next year.

I hate to argue, but it’s too early to tell. The taxes the Legislature raised last year have already been spent to fill the $800 million budget hole and provide funding to areas of the budget that needed it. We may, for the first time in several years, have enough to fund core government services instead of cutting services to the vulnerable among us. Enough to keep our teachers in classrooms, fund healthcare, mental health and elder care, put a dent in the disabled services waiting list, sufficiently staff our state public safety agencies, continue the push to fully repair state roads and structurally deficient bridges, and more.

The good news is our economy is trending positive. According to the Office of Management and Enterprise Services (OMES), the past two months’ data shows 2 percent growth above the amount the office estimated for the current fiscal year. This is good news, but we simply do not have enough data to predict a massive surplus at this time.

Let’s assume receipts keep coming in at the same rate as the past two months for the entire year. That would be an overall surplus of 2 percent. The total appropriated state budget was around $6.5 billion last year. A 1 percent change equals around $65 million; 2 percent growth would be a surplus of $130 million – certainly not chump change, but not the excessive billion-dollar amount some are arguing. To reach that amount, receipts would need to come in at more than 15 percent over estimates.

We are moving ahead with the audits of state agencies to find duplication of services and efficiencies. This is good, but the Legislature must make a concerted effort to scrutinize spending across-the-board to stretch our budget and fund what really needs to be funded.

Thankfully, we made a significant dent in our structural budget deficit problem. The policies the Legislature enacted over the past two years have allowed a shift from using one-time, erratic funding sources to more stable recurring sources of revenue. This will help stabilize our budget, but there is still much work to do. We need the economy to hold like it is or get better so we can focus on long-term planning to help us save dollars instead of focusing on filling budget holes. 

Fortunately, we shouldn’t have a budget hole next year, but that doesn’t mean we’ll be flush with cash.  For now, growth is positive based on the two-months of data we have, but much can change and in a short time, in Oklahoma – as we all know.

Senator Kidd Appointed to OCAST Governing Board

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Oklahoma City (October 7, 2019) – Russell W. Teubner and Senator Chris Kidd have been appointed to the Oklahoma Science and Technology Research and Development Board, the governing board for the Oklahoma Center for the Advancement of Science and Technology. OCAST is the state’s technology-based economic development agency.

 Teubner is founder and CEO of HostBridgeTechnology, a software solutions company in Stillwater. Governor Kevin Stitt named Teubner to the board to serve in the small business category – the category formerly held by Brent Kisling before becoming director of the Oklahoma Department of Commerce. By statute, Kisling remains on the board in his new capacity.

President Pro Tempore Greg Treat appointed Senator Chris Kidd to the OSTRaD board succeeding Senator Jason Smalley. Senator Kidd is from Waurika and serves District 31.

Mr. Teubner earned his Bachelor of Science in management science computer systems from Oklahoma State University in 1978. He is broadly recognized as a serial entrepreneur and serves on several boards and councils, including the board of directors for Simmons Bank.

Senator Kidd from Waurika, is a fifth generation Oklahoman. He received an associate degree in agricultural science from Murray State College, and then went on to graduate from Oklahoma State University with a Bachelor of Science degree in agricultural sciences and natural resources. Kidd is also a graduate of the 2014 Oklahoma Agricultural Leadership Program and Leadership Oklahoma’s Entrepreneurial program. Kidd was elected to the Oklahoma state Senate in November of 2016. In addition to his work for the State Senate, Kidd and his father operate a cattle ranch in southern Oklahoma.

Families can register their grade 7-9 children for free online math tutoring

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Students, families can sign up for OSDE’s Math Tutoring Corps through Sept. 1

OKLAHOMA CITY (Aug. 15, 2022) – The Math Tutoring Corps initiative offered by the Oklahoma State Department of Education (OSDE) is encouraging interested Oklahoma families to register their students for free, high-dosage tutoring in mathematics. Beginning in September, trained tutors will work with groups of no more than four students in grades 7, 8 and 9 to reinforce the math processes they are studying in class and prepare them for higher-level coursework.

The tutoring will be done virtually and is designed for students who seek targeted support for growth in grade-level mathematics. Students will attend three 50-minute online tutoring sessions per week.

“Research has shown that students who participate in intensive, high-dosage tutoring improve their grades in math,” said State Superintendent of Public Instruction Joy Hofmeister. “The Math Tutoring Corps will help kids have greater confidence in their math skills and be more college and career ready.”

The OSDE launched a successful pilot program for Math Tutoring Corps in spring 2022, with nearly 400 participants. A post-pilot survey revealed:

  • 90% of participants increased their understanding of mathematics.
  • 84% of families said participating students were more confident about math.
  • 84% of students indicated they would be more likely to persevere after making a mistake.

Students are eligible to participate in one or both of the OSDE’s Math Tutoring Corps sessions during the 2022-23 school year. Each session can accommodate up to 1,500 students. The first runs Sept. 18 through Nov. 19, the second in spring 2023. Families and students can enroll for the upcoming session through this link by Sept. 1. The OSDE will provide any needed technology or internet access, and tutoring schedules will occur during students’ free time outside of the school day.

Additional information is available on the OSDE’s Math Tutoring Corps webpage.

The OSDE is investing $5 million in pandemic relief funding in the Oklahoma Math Tutoring Corps through summer 2024. Math Tutoring Corps is a component of Ready Together Oklahoma: An Action Plan for Supporting Students Through the Pandemic and Beyond. More information is available in this FAQ document.

To see a video of a student from the Math Tutoring Corps pilot, click here: https://www.youtube.com/watch?v=WtkrnyJI0gQ

Teacher Pay Negotiations Continue

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The Capitol has been fairly quiet this past week, which is typical for Spring Break. Lawmakers met briefly on the floor each day, and Senate bills were assigned to committees. Several of my colleagues and I brought our families to Oklahoma City for the break, and I really enjoyed getting to meet everyone. It was especially fun to watch our children play together and observe life on the House floor – a future generation of leaders, that’s for sure!

Even though floor sessions and committee meetings were pretty light this week, negotiations continue on a teacher pay raise plan. Leaders in the House, Senate and governor’s office are hard at work trying to provide teachers with proper compensation while balancing the needs of all other core services of government. It’s not an easy feat, which is why you may have seen several possible plans floating around social media lately.

Last week, House Speaker Charles McCall unveiled a proposal that is being dubbed the Transformational Teacher Pay Raise Plan. This plan is a backup plan should a grand revenue package we can pass not materialize. It is a long-range plan intended to come to fruition over the course of the next six years. What it lacks in immediacy, it makes up for in salary increases. By the time the plan is complete, Oklahoma’s teacher salaries would be highest in the region. Educators who have been in the classroom for 25 years would be making $60,000 on the minimum teacher salary schedule.

As the teacher walkout looms, there are a number of other plans on the table to fund education, fund teacher and state employee pay increases, and fund core services. It is becoming evident I will be forced to make some tough calls on your behalf soon. Lawmakers will be faced with choices I would honestly rather not face over these next few weeks and months, but my job is to listen to you and carry out the will of the people in House District 50.

Of course, none of this is easy – and all of it is taking much longer than anyone would like. But I am in this for the long haul, and I intend to stand with teachers every step of the way.

If you have any thoughts on the pay raise proposals, please reach out and let me know. I’m at Marcus.McEntire@okhouse.gov  or 405-557-7327. Thanks, and may God continue to bless our great state.

Get Ready for Open Enrollment 2020 What you need to know before applying

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Open enrollment for 2020 individual health insurance plans under the Affordable Care Act (ACA) starts November 1 and ends December 15. If you want your coverage to start on January 1, you must sign up by December 15. With a new insurer available for the Oklahoma City area, there are some important things you need to know about the 2020 open enrollment before you apply. I urge all Oklahomans who plan to enroll for 2020, to not automatically renew. Look closely for changes. 

In 2017 and 2018, Blue Cross Blue Shield of Oklahoma (BCBSOK) was the only insurance carrier offering plans in the Oklahoma exchange. However, Medica joined the Oklahoma exchange for 2019 with coverage available in all 77 counties. In 2020, Bright Health also joined the Oklahoma exchange and offers plans in Oklahoma, Canadian and Cleveland counties.

  •  If you are currently uninsured: you can visit healthcare.gov to compare plans and enroll in a plan that meets your health care needs.
  •  If you already have health insurance: you will be automatically re-enrolled in your existing plan if it is still available. Even if you are satisfied with your current plan, review your coverage and compare plans to ensure you can select the best option for you.

Keep in mind that cost-sharing subsidies are available only on silver plans and subsidies available on silver plans have changed. Shop around to look for coverage that truly meets your needs. I encourage you to check with your agent to help you sort out your options.

You can visit https://www.healthcare.gov/see-plans/ to view plan options, estimate monthly premiums and total annual out-of-pocket costs for each plan, and learn how to buy a plan. You can also determine if you qualify for Medicaid and the Children’s Health Insurance Program (CHIP) at https://www.healthcare.gov/medicaid-chip/.

To help make the application process quicker and easier, make sure you have everything you need to apply by reviewing this checklist (PDF). Also, check out these tips about the Health Insurance Marketplace at heathcare.gov.

In addition to those resources, directly visit or call these insurers available for Oklahoma’s exchange for 2020:

If you have questions about other insurance issues, contact the Oklahoma Insurance Department at 1-800-522-0071 or visit our website at www.oid.ok.gov.

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