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Information on OHCA customer account balance requests

The OBA has received a multitude of calls and emails regarding privacy issues in responding to requests for customer account balances from the Oklahoma Health Care Authority (OHCA) sent by Accuity. Here is what you need to know:

• Federal law allows designated state agencies to administer programs involving federal benefits in accordance with federal statutes.
• OHCH administers several programs involving Medicaid.
• Customer consent has been given in accordance with both federal and state privacy law: each applicant or recipient of benefits under the programs must provide authorization by such applicant or recipient and any other person whose resources are required to be disclosed for OCHA to obtain records for asset verification.
• Federal law permits OHCA to use an approved contractor for asset verification, in this case Accuity.
• Federal law specifically states a copy of the consent does not have to be provided to financial institutions for these programs.
• Unlike requests for statements from the Oklahoma Department of Human Services, the bank is entitled to compensation in accordance with Reg S (which is the same as that contained in the Oklahoma Banking Code.

Further information regarding the OHCA requests, asset verification and Accuity will be found the upcoming edition of the Oklahoma Banker newspaper in the Legal Briefs section.

 

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