1. education

d a i ly e d i t i o n • v o l u m e 2 3 , i s s u e 1 6 3 • m o n d ay , o c t o b e r 2 7 , 2 0 1 4
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“Right when you need it”
Workers file suit
challenging
OPERS change
Person of interest detained in
10 Commandments monument destruction
By Shawn Ashley
News Director
n (eCap) A person of interest in the
destruction of the Capitol’s 10 Commandments
monument was being detained Friday.
Capt. George Brown, spokesman for
the Oklahoma Highway Patrol, said, “The
Oklahoma Highway Patrol confirms they have
a person of interest in custody for the destruction
of property which occurred at the State Capitol
last night. Troopers took custody of a man whose
identity has not yet been released. Authorities
have transported the man to an Oklahoma
County mental facility for emergency order of
detention and mental evaluation.”
According to Brown, state troopers
responded at approximately 7 p.m. Thursday to
an abandoned vehicle which was driven into the
10 Commandments monument, which is located
just east of the Capitol’s north stairway. That
stairway has been closed to public access since
shortly after the Sept. 11, 2001, terrorist attacks.
John Estus, spokesman for the Office of
Management and Enterprise Services which
oversees Capitol complex, said the car drove
across the Capitol lawn and into the monument.
The driver then abandoned the car and fled.
The monument was destroyed. Workers
removed the monument, which was broken into
several pieces, Friday morning and took it to a
warehouse for storage, according to Estus.
The man was turned over to OHP by the
Secret Service, according to David Allison,
special agent in charge of the Oklahoma City
office, after he was detained for questioning by
the Federal Protective Service. The service is
responsible for protecting federal facilities, their
By Shawn Ashley
News Director
n (eCap) Two public employees are seeking
to overturn legislation that would close the
Oklahoma Public Employees Retirement System
to new members and would establish a separate
retirement system for new state employees.
“I spend long hours every day protecting the
people of Oklahoma from its worst criminals.
Working inside a prison is a dangerous and
stressful job”, stated Oklahoma Department of
Corrections Lt. Cecil Dooley, one of the plaintiffs
in the suit. “I don’t earn a high salary, but I take
pride in the career I’ve chosen. More inmates
are imprisoned every day. There are fewer staff
monument destruction • see page 7
opers change • see page 8
Lawmakers to address nursing home concerns with ‘meaningful’ legislation
By Christie Southern
inside
Capitol Reporter
n (eCap) State Reps. Richard
Morrissette and David Dank said
last week they plan to address
a variety of concerns regarding
nursing home care in the state with
“meaningful” legislation after a
public hearing at the Capitol.
A national report released earlier
this summer gave Oklahoma’s
nursing home facilities a failing
grade, ranking them among the
worst in the nation. Last year’s
report from citizen’s advocacy
group ‘Families for Better Care’
ranked Oklahoma 48th in nursing
home care. This year, the ranking
dropped to 49th, and now many are
calling for change.
During Interim Study H14053, hosted by the House Longterm Care and Senior Services
Committee, advocates and nursing
care providers expressed their
frustration with Oklahoman’s
current system and the declining
staffing ratios.
“More staff is needed to keep
everyone safe with higher staffing
we would see better results in
nursing home care,” said Trish
Engel, first vice president of
the Silver Hair Legislature and
member of the State Council on
Aging. “I have seen firsthand
absolute horrendous things that
are happening as we speak in
these homes. My main concern is
the health and well-being of our
most vulnerable adults and I say
ours because they are absolutely
our responsibility.”
In addition to an increase
in the current legislatively
authorized staffing ratio, Engel
called for increase in oversight
of nursing home staff to prevent
overmedication.
“Our nursing home industry is
broken and it is in need of repair,”
she said.
H o w e v e r, o t h e r s f e l t
Oklahoma should be praised for the
improvements it has made -- such
as eradicating practices of tying up
patients, reducing antipsychotic
medication prescription for
dementia patients and embracing
a cultural change in the quality of
care of residents.
“It important the positive
changes we are making in long-term
care be recognized in our state,”
said Diana Sterving, a 30-year
advance practice nurse. “Nursing
home work is hard work and those
nursing home concerns • see page 6
Higher Ed committee
discusses use of data for
proper transition after K-12
Professor: Student loan
debt has lingering economic
implications
DHS, CareerTech work
together to offer services,
committee told
see STORY ON PAGE 2
see STORY ON PAGE 3
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Higher Ed committee discusses use of
data for proper transition after K-12
Higher Ed committee discusses use of data for proper transition after
K-12 .................................................................................................. 2
Professor: Student loan debt has lingering economic implications..... 3
DHS, CareerTech work together to offer services, committee told....... 3
Executions delayed until 2015................................................................. 4
OPERS, OTRS unfunded liabilities improve............................................ 4
State Department of Education sends revised application to USDE..... 5
Refusal to Accept Federal Funds Adversely Affects Oklahomans’
Health................................................................................................ 5
BILL SECTION
2014 Election Preview............................................................................... 9
2014-2015 Deadline Schedule................................................................. 10
Calendar................................................................................................... 17
Order your Governor’s
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october 27, 2014
By Christie Southern
Capitol Reporter
n (eCap) Members of the House Higher
Education Committee heard presentations on
potential assessment reforms to provide for a
proper transition from K-12 to higher education,
CareerTech or the workforce during an interim
study Wednesday at the Capitol.
Interim Study H14-068, requested by Rep.
Ann Coody, R-Lawton, was a continuation
of discussions previously held in her House
Common Education Committee regarding
alternative testing and assessment for common
education students.
Wednesday’s study focused on potential
solutions to making a successful transition after
high school by evaluating Oklahoma’s current
system and whether of end-of-instruction (EOI)
exams were useful in providing adequate data.
Most of the speakers called for the use of ACT
exams and called for an end of EOIs.
“Some of the issues we have encountered are
making sure our expectations in the K-12 system
are in alignment with the expectations of higher
education and the workforce,” said Ryan Owen,
general counsel for the Cooperative Council for
Oklahoma School Administration, said.
The committee heard from Blake Sonobe,
vice chancellor for academic affairs with the
Regents for Higher Education, on the use of
ACT exams for college entrance and other
general admission requirements for Oklahoma
universities.
Sonobe pointed out to lawmakers the
state’s colleges did not use EOI data for student
placement.
“We don’t use EOI data for placement at all,”
he said. “We would like empirical evidence that
EOI’s do work and without that evidence we’re
hesitant to make that decision.”
Sonobe also touched on the Regents’ process
for certifying PASS academic standards, which
looked at alignment with ACT standards.
Catherine Dunn, senior director of state
partnerships at ACT, spoke to lawmakers about
the ACT and what they can offer Oklahoma aside
from services currently provided such as the ACT
exam and ACT Explore.
“Our mission in all this is what drives us,”
Dunn said. “Our purpose is helping people
achieve education and workplace success that’s
what we hope Oklahoma can do.”
“ACT is the only organization with decades
of data showing exactly what happens to high
school graduates once they go to college or
workforce based on how well they were prepared
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in middle school and high school,” she said. “We
can show that with 75 percent accuracy …I think
that’s shown great value to state that we can do
that.”
Speakers, which included Janet Donlap,
assistant superintendent of Broken Arrow
Public Schools, suggested the state use the ACT
Aspire tests instead, despite their association
with Common Core. ACT Aspire gives tests in
science, math, reading and writing which would
satisfy the state’s federal requirement.
“EOIs are worth nothing,” Donlap said. “It’s
an after the fact autopsy. We need to eliminate
it and be done with it; it is a waste of taxpayer
money.”
Recently, Alabama became the first state to
adopt ACT Aspire and has had great success in
monitoring student progress, Dunn noted. She
said the program has helped the state identify
and perform interventions accordingly.
“You can really move the needle on the
number getting into higher education without the
need for remediation if problems are addressed
in high school,” Dunn said. Through ACT
programs, she said, that could be a possibility.
In recent weeks, lawmakers have expressed
a desire to use ACT testing to replace the EOI
for high school completion, but Dunn said her
organization strongly recommends the ACT be
only one component of determining high school
completion. Donlap agreed.
“ACT is intended as a predictor of postsecondary success and should not be used as
a sole criterion for completion of high school
curriculum,” she said.
Donlap also talked about appropriate
assessment for students wishing to take different
paths—be it higher education or CareerTech.
“As we are making this transition to
whatever we end up we ask respectfully that
you give us a year to make transition into new
standards before using any kind of summative
assessments,” Donlap told legislators.
Asked about potential costs, presenters
admitted it has been difficult to do a cost
comparison as there is lack of information on
testing contracts from OSDE but Dunn said any
quote from ACT would be highly competitive
with whatever the state is paying currently.
Lawmakers also heard from Renaissance
Learning, an educational assessment and
learning analytics company that makes cloudbased educational software for use in K-12.
Asked how to get everyone in agreement
over what assessment measures to use, Owen
said “it’s not an overnight, one night fix.”
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Professor: Student loan debt has lingering economic implications
By Shawn Ashley
News Director
n (eCap) Student loan debt will have
negative long-term effects on the borrower and
the overall economy, a University of Central
Oklahoma finance professor told the House
Higher Education and Career Technology
Committee during an interim study Wednesday.
“There is a social cost to too much debt,” Dr.
Randal Ice, a finance professor at the University
of Central Oklahoma, told committee members
during a hearing on Interim Study H14-013,
concerning Oklahoma student loan debt. The
study was requested by Rep. Emily Virgin,
D-Norman, and Cory Williams, D-Stillwater.
Ice said Oklahoma students, on average,
borrow less money and have less student loan
debt because Oklahoma public and private
schools are less expensive, a point reiterated
by Amanda Paliotta, vice chancellor with the
Oklahoma State Regents for Higher Education.
Ice said the amount of student loan debt varies
widely from school-to-school.
“Fifty-seven percent of UCO students
graduate with student loan debt,” said Ice, who
said he believed student could avoid borrowing
if they lived as inexpensively as possible.
However, he noted, even students from
high income families take advantage of student
loans. One-quarter of students, he added, borrow
nothing, relying instead on scholarships, grants,
programs like Oklahoma’s Promise and work
income to pay for their higher education costs
and living expenses.
“So, the numbers show it can be done.”
Ice, who said he was spoken with college
students about their borrowing and other
financial habits, reminded the lawmakers that
students directly receive the balance of grant
and loan money after tuition, fees and books are
deduced for living expenses. “And every used
car dealer in Edmond knows when these checks
go out,” he said.
Ice said an estimated 41 million Americans
owe $1.2 billion in student loan debt. Ten
percent, he added, will default in the first year
after beginning payments. The largest share of
those comes from for-profit institutions, which
account for 50 percent of all student loan debt.
Ice criticized for-profit schools, noting many
of their programs are substandard. As a result,
many schools, including UCO, will not accept
credits from them.
“These schools are convincing students to
borrow money for an over-priced education that
isn’t any good,” he said.
When it comes time to pay their student loan
debt, Ice said the payments reduce individual and
family’s discretionary income. It also reduces
the amount they can attribute to their retirement
accounts, and as a result, the amount available
for retirement.
Student debt also affects adult borrowing,
Ice said, because it factors into the borrower’s
credit score. Home equity, he added, is often a
source for long-term health care funding, which
is reduced by student debt. The borrower also
can expect to pay higher interest when they do
borrow because of their student debt.
Also testifying before the committee were
Matt Hamilton, University of Oklahoma vice
president of enrollment and student financial
service, and Kyle Ray, Oklahoma State University
vice president of enrollment management &
marketing. Both outlined programs their schools
have in place to education students and parents
about financial aid opportunities and the costs
associated with student loans. Nearly one-half of all
OU students and just more than half of Oklahoma
State University students graduate owning some
student loans, the committee was told.
DHS, CareerTech work together to offer services, committee told
By Shawn Ashley
News Director
n (eCap) The Department of Human Services and the Department
of Career and Technology Education team together to offer job training
services to Temporary Assistance to Needy Families recipient, members
of the House Higher Education and Career Tech Committee were told
during a recent interim study.
Becky Boyd-Wood, with the Moore-Norman Technology Center
walked the committee through the program, which serves adults receiving
TANF, during its consideration of Interim Study H14-071, Temporary
Assistance for Needy Families and CareerTech. The study was requested
by Rep. Emily Virgin, D-Norman.
“A lot of people don’t have a clue that these kinds of services are
available,” Wood told the committee.
The program relies on a combination of federal, state and local funding,
said Wood, and the participation of local businesses, as well as the state.
It targets people who receive TANF. Wood said federal TANF guidelines
only provide for one year of training, so the program emphasizes ongoing
education for its participants as they complete it.
“We are really focusing on people who will benefit the most from
education and training,” she said.
Wood said the program focuses on skill identification, career research
and developing career pathways for program participants. “We provide
education and training in high-demand industry driven careers,” said Wood.
Wood said it would be possible place all the program’s participants
in minimum wage jobs. “But they need to be in jobs where they have the
october 27, 2014
potential for higher-wage employment,” she added.
Wood said the program also helps its participants identify problems that
might hinder their employment opportunity and assists them in finding ways
to solve those problems. Life skills, she added, “are a big part of what we do.”
Wood stressed that if a program participant is unable to find a job in
the area in which they training it was the program, not the student, who
failed.
The program also follows the student for six months after the
program’s completion to assist them if they need additional training or
other assistance. “The longer they are attached (to a job), the less likely
they are to go back to DHS,” she said.
Wood said 93 percent of the program’s participants are women and
just 7 percent are male. Fourteen percent are former offenders.
A federal tax credit is available for employers who hire graduates of
the program and some employers also qualify for a wage subsidy program.
Program participants also have an opportunity to enter a program that leads
to full-time employment with the State of Oklahoma.
Wood said previously approved legislation that requires TANF
applicants to undergo drug testing appears to be having a negative impact
on the program. The concern of participants, she said, is that a positive
drug screen comes with a child welfare investigation.
The simple threat that a positive test could prompt a child welfare
referral keeps some potential participants away from the program, she
said.
Wood suggested the law be reexamined. The idea that someone could
receive TANF and sit at home using drugs, she explained is a myth. CAPITOL NEWS NOW
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Executions delayed until 2015
By Shawn Ashley
News Director
n (eCap) The Court of Criminal Appeals
on Friday stayed the state’s three pending
executions until 2015.
Attorney General Scott Pruitt asked the
court Oct. 13 to delay the executions of Charles
Frederick Warner and Richard Eugene Glossip
until January and of John Marian Grant until
February to allow the Department of Corrections
to implement its new execution protocol and to
obtain the drugs and medical staff to perform the
execution.
The court set Warner’s execution on Jan.
15, Glossip’s on Jan. 29, and Grant’s on Feb.
19. Warner and Glossip were scheduled to be
executed in November and Grant in December.
That means there will be no executions in
Oklahoma for the remainder of 2014.
The Department of Corrections’ execution
protocol and procedures were changed following
a Department of Public Safety investigation
into the April 29 execution of Clayton Lockett.
The DPS report pointed to problems with the
intravenous line that was to deliver the lethal
drugs as the primary problem that left the
inmate writhing and sometimes moaning in
the execution chamber. Eventually, the blinds
separating the execution chamber from the
witness room were lowered and Locket died as
a result of the lethal injection, according to an
independent autopsy report.
Oklahoma Department of Corrections
Director Robert Patton said in September he
would ask the attorney general to have the
executions delayed if he did not believe his
agency would be prepared for the November
date. When Pruitt filed the request for the
stays, Patton said, “While we continue to work
diligently to meet the mandates of the training
required in the protocol, we feel we should not
rush the training. We appreciate the attorney
general’s efforts on our behalf and we await the
decision from the court.”
Patton, who recently had a death in the
family and missed a scheduled appearance
Wednesday before the House Public Safety
Committee and Thursday’s Board of Corrections
meeting, had no comment concerning the stays.
Oklahoma Department of Corrections
Associate Director of Administrative Operations
Tina Hicks told the Board of Corrections during
its meeting that the training of staff on the new
protocols and procedures began Oct. 9.
OPERS, OTRS unfunded liabilities improve
By Shawn Ashley
News Director
n (eCap) The unfunded liabilities and the funded ratios of Oklahoma’s
two largest public retirement systems improved in fiscal year 2014, the
systems’ governing boards learned this week.
According to their independent actuarial reports:
The unfunded actuarially accrued liability of the Oklahoma Public
Employees Retirement System improved from $1.6 billion at the end of
FY2013 to $994 million at the end of FY2014 and its funded ratio moved
from 81.6 percent to 88.6 percent; and
The unfunded actuarially accrued liability of the Oklahoma Teachers
Retirement System declined from $8.1 billion to $7.2 billion and its funded
ratio moved from 57.2 percent to 63.2 percent.
The two numbers are considered somewhat of a measure of the relative
health of the retirement system and often are focused on in discussions
about likely reform proposals to the state’s pension funds.
“It is more than I had hoped,” OPERS Executive Director Tom Spencer
said. “Everything is trending upward, which is good.”
Spencer said it was important to note that the system’s unfunded
liability is now less than $1.0 billion after hitting a high of $1.5 billion. He
also noted the market value of the fund, another measure of its health, is at
97.9 percent. The market value funded ratio of a fund looks at the current
value of its assets compared to its liabilities. The actuarial funded ratio is
calculated using a smoothing technique to compensate for the impact of
extraordinarily good and bad years in the investment markets.
Spencer said that shows there are some gains the actuarial unfunded
liability has yet to take into account. “Even if we have an average year
this year, I think you will see the unfunded (actuarial) liability improve,”
he said.
Spencer, who currently also serves as interim executive director of the
Teachers Retirement System, said, “I am not sure the Teachers Retirement
System has likely had a finding this good in some time.”
At one point, the system’s funded ratio was in the 40 to 50 percent range.
october 27, 2014
Spencer also noted a significant improvement in the period of time
the actuaries calculated would be necessary for the system to reach fully
funded status. That period dropped from 17 years to 11 years. A few
years ago, the funding period was indefinite, meaning it was impossible
to actuarially calculate.
“That is significant,” said Spencer.
“Obviously, the biggest reason for the improvement in Teachers is
that significant assets are going into the system. The state has made a
commitment to see that enough contributions to attack the (unfunded
liability) problem and now it’s paying off,” he added.
Both systems, Spencer added, have benefit for the attention being paid
to them. The increases, he said, reflect the contributions being made to the
plans, their growth from investments and the requirement that any cost
of living adjustment be funded, rather than drawn from the plan without
being replaced.
“All those things are helping (the plans) improve,” Spencer said.
Spencer will leave OPERS at the end of the month and become OTRS
executive director at the start of November. The OPERS Board of Trustees
named Joe Fox, the system’s general counsel, as its new executive director
beginning Nov. 1, replacing Spencer.
“The OPERS Board is very happy with its selection of Joe as executive
director,” said OPERS Board Chair DeWayne McAnally. “The search
committee met and discussed the possibilities at length, and after many
consultations with outside sources and OPERS staff, Joe became the clear
choice.”
Fox has served as general counsel of OPERS since 2005, after serving
as legal counsel for the Oklahoma House of Representatives for many
years, including general counsel for former Speaker of the House Larry
Adair.
“This is a critical time for OPERS as it is focusing on implementing a
new defined contribution retirement plan in 2015. The agency needs strong
and enduring leadership, and the board feels Joe provides that continuity,”
McAnally added.
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State Department of Education sends revised application to USDE
From Dept of Education
n(PRESS) The State Department of Education
submitted an updated application for reinstatement of its flexibility request from No Child
Left Behind requirements late Thursday to the
U.S. Department of Education (USDE).
“While we’ve been given no assurances
from USDE that we will be granted flexibility
for this school year, we did want to immediately
get them our updated application seeking
reinstatement so consideration could be made
as soon as possible,” State Superintendent of
Public Instruction Janet Barresi said.
The request follows the Oklahoma
State Regents for Higher Education’s report
released Oct. 16, which shows Oklahoma’s
Priority Academic Student Skills (PASS)
standards are college- and career-ready. The
USDE refused to grant Oklahoma’s request
for an extension of the flexibility waiver
in August saying the state was unable to
demonstrate at that time that state academic
standards adequately prepared students for
college and career.
Refusal to Accept Federal Funds Adversely Affects Oklahomans’ Health
From House Media
n(PRESS) The state’s failure to accept federal aid for health care programs contributes to
the overall poor health of Oklahomans, and is
proving costly because uninsured Oklahomans
seek uncompensated medical care in hospital
emergency rooms.
“Everyone benefits when more people receive
health care services outside a hospital,” said Rep.
Emily Virgin, D-Norman. “When individuals
are able to access a primary-care physician and
receive regular preventive medicine, everyone’s
costs decrease.”
Oklahoma Hospital Association records
indicate the 132 hospitals in this state that have
emergency departments record 2.1 million patient
visits annually, and about one of every eight
emergency room patients is admitted to a hospital
for more extensive treatment.
People who have little or no health insurance
are more likely to let some ailments go untreated
until they become severe, resulting in even worse
conditions later on, noted Rick Snyder, vice
president of finance and information services for
the Hospital Association.
Hospital emergency rooms are a safety net for
nearly 666,000 Oklahomans who have no health
insurance whatsoever, Snyder said during a recent
interim legislative study.
“It is sinful that so many Oklahomans are
unable to receive affordable and quality health
care,” Virgin said after a meeting of the Public
Health Subcommittee of the House Committee
on Appropriations and Budget.
Hospitals are required by law to provide
emergency treatment to any patient, regardless
of that person’s ability to pay. Consequently,
Oklahoma hospitals provided $547 million in
uncompensated medical care in 2012, ledgers
reflect.
The median level of uncompensated
medical care amounted to 6.1 percent of a typical
Oklahoma hospital’s expenses that year, Snyder
said. However, he continued, uncompensated
care accounted for more than 10 percent of the
october 27, 2014
budgets for 20 small rural Oklahoma hospitals, and
reached 17 percent at one hospital. “Cost shifting”
to insured patients isn’t viable for those hospitals,
he added.
John Silva, chief executive officer of Morton
Comprehensive Health Services in Tulsa, which
operates community health centers, said that seven
years ago some 34 percent of the care provided
at Morton facilities was uncompensated. That
figure has since soared to 58 percent, he told the
legislators.
Approximately 12,000 of the 22,000 patients
treated at Morton clinics in 16 northeastern
Oklahoma counties are low-income clients who
receive free or reduced-cost health care, and
most of them are working individuals, Silva said.
About 70 percent of them do not earn enough from
employment to qualify for tax credits under the
federal Affordable Care Act, he said.
Because state funds for the uncompensated
medical care pool ran out last year, Morton lost
$1.36 million that had been budgeted for those
services, Silva said; some, but not all, of that
revenue loss was covered through service and
hour reductions, staff layoffs, and alternate sources
of funds, he said. Similarly, he said, because of a
reduction in the uncompensated care pool from
the Fiscal Year 2014 level, Morton has received
approximately $60,000 since July instead of the
$800,000 initially envisioned.
As a direct result, Morton is operating at a
substantial loss this year and may have to close
facilities or reduce services if some relief isn’t
provided soon, Silva stated.
David Whitaker, CEO of the Norman
Regional Health System, said the area served
by Norman Regional encompasses more than
11,000 Oklahomans who are uninsured but are
nevertheless receiving medical care. “Everyone
is paying for uninsured care,” he said, because the
cost is usually shifted to patients who are insured.
Norman Regional will lose approximately
$113 million in reimbursement payments through
2022 because of federal budget cuts and loss of
Affordable Care Act funding. “We have to find a
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way to access those federal funds,” Whitaker said.
Snyder said Oklahoma hospitals would
receive about $4 billion over 10 years if Oklahoma
accepted federal funds to expand its health-care
program for the indigent. Oklahoma’s refusal to
embrace health-care expansion is “a political stand
that hurts Oklahomans” and results in Oklahoma
subsidizing health care in other states that have
accepted Medicaid expansion, he said.
According to the Oklahoma Policy Institute,
expanding the state’s low-income health-care
program would have extended insurance coverage
to roughly 150,000 Oklahomans, or about 22.5
percent of the uninsured people in this state. Those
150,000 citizens “are caught in the ‘coverage
crater’,” the institute contends. “They earn too
much for traditional Medicaid, but don’t qualify
for subsidies to purchase health insurance in the
online marketplace.”
Arkansas, Kentucky and New Jersey, three
of the 28 states that have expanded their Medicaid
programs, “are using the accompanying funding in
innovative ways to improve not only their states’
health outcomes but also their local economies and
state budgets,” the institute reports. “A healthier
workforce, increased consumer demand, and the
infusion of federal funds ... drive job creation and
grow the whole economy.”
In fact, the Leavitt Report produced last
year for the Oklahoma Health Care Authority
estimated that if Oklahoma’s Medicaid program
were expanded, it would create between 12,000
and 15,000 jobs and result in an economic impact
of $14.2 billion to $17.9 billion by 2023.
Accepting federal aid would be more efficient
“than what Oklahoma already spends on economic
development,” the Oklahoma Policy Institute
pointed out. In 2012 alone, the state paid $896
million in incentives to attract private businesses
to Oklahoma - a sum greater than the total 10year cost to the state of $689 million to expand
Medicaid, the institute emphasized.
National companies that own hospitals are
experiencing a more business-friendly climate
oklahomans' health • see page 6
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oklahomans' health • from page 5
in states that have accepted federal funding,
Snyder said, because they are coping with less
uncompensated medical care, especially in their
emergency rooms.
“To accept federal funding and reduce the
number of uninsured Oklahomans is just plain
common sense,” Virgin said after the interim study
meeting.
Carter Kimble, director of government
relations for the Health Care Authority, informed
the legislators that approximately 632,000
Oklahomans are served by the federal Medicare
program, about 2.3 million Oklahomans have
some type of private insurance coverage, and
approximately 665,000 Oklahomans are served
by the state’s low-income health-care program.
There is overlap among those three programs;
for example, some workers who have private
insurance also are enrolled in Medicare, and about
100,000 Oklahomans who have federal Medicare
coverage also are enrolled in the state Medicaid
program.
Kimble said that 808,438 Oklahomans 65 percent of them children - are enrolled in
SoonerCare, SoonerPlan or Insure Oklahoma.
SoonerCare is the state health-care program for
low-income Oklahomans - particularly the aged,
blind and disabled, children and pregnant women
- while SoonerPlan is Oklahoma’s family planning
program for women and men who are not enrolled
in regular SoonerCare services.
Oklahoma imposes strict eligibility limits on
its Medicaid program, Kimble said. In households
of three, adult parents who have dependent
children and earn no more than $759 per month,
or $9,108 per year, qualify for state health-care
benefits, Kimble said. Regardless of income, no
able-bodied Oklahoma adult aged 19 to 64 who
has no dependent children at home can qualify for
Medicaid, he said.
Insure Oklahoma, “a subsection” of
SoonerCare that also is administered by the
OHCA, is an employer-sponsored insurance
program for low-income working Oklahomans. IO
is financed with federal funds and approximately
$50 million in state tobacco tax revenue. The
program uses federal dollars to underwrite a
premium subsidy program for small businesses
and their employees.
Participation in the Insure Oklahoma
program in May of this year numbered 4,280
companies (almost 93 percent of which have 0 to
25 employees) and 18,776 enrollees, Health Care
Authority records reflect. The enrollees included
13,854 employees, spouses, college students and
dependents, plus 4,922 individuals who were selfemployed or temporarily unemployed.
Kimble said more Oklahomans could be
covered by Insure Oklahoma if the income
guideline were raised, if the program were
extended to more employers and if it covered
workers who currently do not qualify for the
program, such as people working two part-time
jobs.
Insure Oklahoma was established in 2005
and has been renewed several times. The federal
waiver that allows Oklahoma to use federal funds
to help underwrite the premium subsidy program
expires in December 2015. The Health Care
Authority and state leaders are negotiating with
federal officials for a long-term extension of the
program.
“Even though international health concerns
have monopolized the news over the past several
weeks, the ongoing health of Oklahomans is an
issue that pre-existed Ebola and will remain an
issue after Ebola is no longer a daily news story,”
said Rep. David Perryman, D-Chickasha.
in Oklahoma,” he said. “The reduction of
antipsychotic drugs is a good thing but where we
do need to see improvement is in staffing ratios
in nursing homes.”
“Any increase has been tied to availability
of funding and that has never been certified… I
would love to see that funding certified,” he noted.
Whited requested administrative staff not
be counted in the staffing ratio and only include
direct-care staff. He also suggested the state
remove the provisions for a certificate of need for
any nursing home wishing to establish itself in a
particular geographical area. This way, an increase
in competition can occur which would improve
site-by-site quality of care, he said.
Whited also suggested the Legislature
consider removing the requirement for a backup
generator in all nursing home facilities—citing it
as an expense that many cannot take on. Whited
said at the state should require a nursing home
maintain a contract with a generator company to
provide services as needed but not require them
to maintain one on the premises.
He also asked the Legislature to consider the
increase of civil monetary penalties that come
with inappropriate or illegal discharges, which
often happen without any reason, to prevent
transfer trauma.
Tom Coble, with the Oklahoma Association
for Health Care Providers, said his organization
has been working on setting specific target
goals to improve the quality of care among its
members. The three goals include reducing
hospital readmission, maintaining staff stability
and increasing customer satisfaction.
“We will continue to enhance programs that
create meaningful improvements in the care of
senior services in Oklahoma,” he said.
Solutions like expanding the rights of
patients, increasing nursing staff ratios and
creating a board that would review nursing
home deaths were discussed during the
study, though Morrissette cautioned of future
resistance.
“I think it’s fair to say whatever legislation is
drafted here meets with high resistance no matter
what it is,” said Morrissette, D-Oklahoma City.
“If I drafted something that says the sun sets in
the east it would meet resistance.”
But added “Let me be clear, we plan to draft
a meaningful bill with meat to it and I request that
any resistance be brought directly to us and not
around the ball park and you know what I mean.”
Dank, R-Oklahoma City, echoed his
sentiments.
“I think our properties out here are way out
of whack and we do not do a good enough job to
take care of the people that need our help, whether
it be children or seniors,” Dank said. “This is one
of the most important negotiations we’re going to
do. I don’t know what the answers are but we’re
going to find them out.” nursing home concerns • from page 1
who strive to do their very best to care for your
mothers and your fathers and your grandparents,
your loved ones when you are not able deserve
to have their commitment and their dedication
acknowledged.”
Despite its national low standing, Oklahoma
is one of 11 states to reach CMS’s goal of a
15 percent or better reduction in antipsychotic
medication use.
She added, “Constantly focusing on the
negative does nothing to improve the quality of
life of the frail elderly in our state; in fact, it has
a negative effect.”
Sterving said the negativity makes it
difficult for nursing home administrators to
recruit and retain a quality workforce and called
for lawmakers to find “workable and effective
solutions” with everyone gathered at the table.
Current staffing ratios in the state are tied
to the availability of funds, noted Oklahoma
Ombudsman Bill Whited.
The newly selected long-term care
ombudsman said he’s been on the job less than
30 days but he is no stranger to what is transpiring
in the state.
Whited served as the deputy ombudsman
prior to his new position.
“Many of the things I’ve heard today are
accurate from both sides of the aisle. There
are issues that absolutely need to be addressed
but culture change is slowly taking place
october 27, 2014
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monument destruction • from page 1
occupants, and visitors.
Allison said Federal Protective Services
were called after a white male entered the
Oklahoma City Federal Building and began
making threatening statements concerning
President Barack Obama and spat on a picture
of the president. Because the initial comments
involved threats against the president, two
Secret Service agents responded to determine
the significance of the threat.
During their interview, Allison said, the
man claimed he was bipolar and had not taken
medication to treat his disease for approximately
two years. He also said Satan had told him to
urinate on the monument and to run it over,
according to Allison.
“He admitted to destroying it,” Allison said.
Allison said at that point the agents were
unaware of the incident at the Capitol and
contracted the Oklahoma Highway Patrol,
which confirmed the incident had occurred. The
patrol sent two agents who took custody of the
individual, Allison said.
“We were pleased to be able to assist them,”
he added.
Rep. Mike Ritze, R-Broken Arrow, and
his family contributed $10,000 for the carving
of the monument and another $10,000 to have
it installed. He also authored the legislation
authorizing the monument’s placement on
Capitol grounds, 2009’s House Bill 1330.
“This was an act of violence not vandalism,”
Ritze said Friday morning and prior to the man’s
detention.
Ritze said he had spoken with OHP and the
Oklahoma State Bureau of Investigation and
requested a full forensic investigation. He also
expressed concern about how close the vehicle
came to the Capitol. “What is that had been
a truck bomb? There would have been more
october 27, 2014
damage to persons and structure,” he said.
“Obviously, we are very dismayed but not
discouraged,” Ritze said. “We are committed to
rebuild the monument.”
Gov. Mary Fallin called the monument’s
destruction appalling and offered to assist Ritze
in raising funds for its replacement.
“This monument was built to memorialize
the historical significance of the Ten
Commandments in guiding our own laws and
lives,” Fallin said in a press release issued before
the man’s detention. “It is absolutely appalling
that someone would vandalize anything at the
Oklahoma State Capitol – the People’s Building
– much less a monument of such significance.”
Fallin added, “Our monument will be
rebuilt and restored. The people of Oklahoma
will not stand for acts of violence against the
Capitol or its monuments. Authorities are
currently investigating this criminal act. The
person or people responsible for this crime will
be caught and held responsible.”
Rep. Mike Sanders, R-Kingfisher, said
in a press release issued before information
concerning the alleged suspect was made public
that he was bewildered by the incident.
“This is an attack on Christianity and the
Christian principles in which this country was
founded. It is absolutely unconscionable,”
he said in the release. “Whoever did this is a
despicable person and an absolute coward. Even
if you’re not of the Christian or Jewish faiths
and don’t support the Ten Commandments,
there is nothing on there that should offend a
halfway decent, good person. I mean, is this
person for theft? Are they in favor of murder or
adultery? Do they have an axe to grind against
their mom or dad? The Commandments are –
even if you’re not a person of faith – a great
list of things to abide by when navigating the
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potential pitfalls of life. There is nothing in
those Commandments which is hateful, mean
or vulgar.
“Let’s be honest here,” he added in the
release, “this took a fair degree of planning to
accomplish. To drive a vehicle up to the side of
the state Capitol, drive across the lawn and ram
the statue is not an easy thing to do if you know
how things are laid out around this building.”
The monument is the focus of a lawsuit now
headed to the Oklahoma Supreme Court. The
American Civil Liberties Union of Oklahoma
City filed its appeal Thursday of an Oklahoma
County District Court judge’s September
ruling that the monument did violate the
state constitution, citing the commandments’
historical value.
In a press release, Ryan Kiesel, ACLU of
Oklahoma executive director, said, “The ACLU
of Oklahoma and our clients are outraged at
this apparent act of vandalism. While we have
and continue to seek the removal of the Ten
Commandments monument from the Capitol
grounds through the judicial process, the Ten
Commandments constitute a strong foundation
in our clients’ deeply held religious beliefs.
To see the Ten Commandments desecrated by
vandals is highly offensive to them as people of
faith. Our Oklahoma and Federal Constitutions
seek to create a society in which people of all
faiths and those of no faith at all can coexist
as equals without fear of repressions from the
government or their neighbors. Whether it is
politicians using religion as a political tool or
vandals desecrating religious symbols, neither
are living up to the full promise of our founding
documents.”
Brown said OHP investigators will
coordinate with the Oklahoma County District
Attorney for possible criminal charges Monday.
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opers change • from page 1
to manage them because the state has difficulty
recruiting and retaining employees for these
demanding jobs. It is unfathomable that in the
midst of this crisis, the Legislature would pass
a law that robs DOC employees of a secure
retirement.
“What’s worse -- they didn’t follow the laws
they themselves put into place. I spend every
day managing inmates and enforcing the rule of
law. Our lawmakers should be forced to abide
by the same laws.”
Joe Stevens is the other plaintiff named
in the suit. The lawsuit was filed against Tom
Spencer, as OPERS executive director, OPERS
and the members of its board of trustees.
Lawmakers passed HB2630 in May and
Gov. Mary Fallin signed the bill in June. The
bill, by Rep. Randy McDaniel, R-Edmond, and
Sen. Rick Brinkley, R-Owasso, requires the
Oklahoma Public Employees Retirement System
(OPERS) to establish a defined contribution
system for state employees who join the system
on or after July 1, 2015.
According to the lawsuit, the Legislature
was required to follow the Oklahoma Pension
Legislation Actuarial Analysis Act in its
october 27, 2014
consideration of the bill. The lawsuit alleges the
bill’s passage violated the law in several ways:
No actuarial analysis was performed on
House Bill 2630 – a basic requirement for a
retirement bill that would introduce drastic
changes.
The bill was introduced during an evennumbered year, while the law requires pension
bills to be handled during odd- numbered years.
Pension bills introduced in odd-numbered
years require approval by three-quarters of
the members of each house of the Legislature.
HB2630 failed to meet that threshold.
“There is no doubt that Oklahoma law
treats any bill establishing a new retirement
system as a bill that has a fiscal impact,” said
Bob Klausner, one of the attorneys for the
plaintiffs. “By moving seemingly random
public employees into a completely different
retirement plan without actuarial analysis,
appropriate approval in the state house, and
the introduction of the bill in an election year,
the legislature failed to follow the laws that
it set for itself. House Bill 2630 simply did
not follow a single rule as required by the
Oklahoma Constitution or its statutes.”
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According to a press, Klausner has won
numerous pension fights in state supreme
courts, including two cases in Louisiana
and Florida where legal issues similar to
Oklahoma were at play. Riggs Abney is the
other plaintiffs’ attorney.
HB2630 creates the Retirement Security
and Freedom Act. The bill requires the
Oklahoma Public Employees Retirement
System (OPERS) to establish a defined
contribution system for state employees who
join the system on or after July 1, 2015. The
bill exempts members who are correctional
officers, probation and parole officers or
fugitive apprehension agents employed by
the Department of Corrections and requires
all other state employees to participate in the
defined contribution system. The bill requires
the OPERS Board of Trustees to take whatever
action is reasonable and necessary to have the
defined contribution system recognized as a
federal tax-qualified plan and to establish a
plan or use an existing plan to carry out the
intent of the bill. The bill sets the employee
contribution rate to the plan at a minimum of
3 percent of compensation. The bill provides
the state will watch the contributions up to
7 percent of compensation. The bill permits
the Legislature to increase or decrease the
employer match at it sees fit but may not lower
it to less than 3 percent. The bill establishes
policies and procedures for employee and
employer contributions to the plan. The bill
establishes that members will at all times be
vested at 100 of the amount of their employee
contributions and will have retirement
discretion over these contributions within the
available options offered by the board. The
bill establishes a five-year schedule for the
member’s vesting of employer contributions
and provides members will have investment
discretion over the funds. The bill provides
that the OPERS board will establish default
investment options for the contributions
received from members and default investment
options for matching employer contributions
for members who do not select any investment
options, the OPERS Board will establish
The bill provides non-vested contributions
may be used to offset costs of administering
the plan to the extent that participants leave
employment and have not vested in all of
the employer contributions. The bill requires
statewide elected officials or legislators whose
first service as an elected official occurs on or
after July 1, 2015, to become a participant in
the defined contribution system.
The bill takes effect Nov. 1
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