Current through Vol. 41, No. 13, March 15, 2024
Oklahoma Statutes require compliance with the Open Records
Act found at 51 O.S. §§ 24A.3-24A.29 . The administrative regulations
that follow are meant to clarify OHCA procedure and interpretation of state law
regarding open records.
(1)
Records request.
(A) A form is
provided on OHCA's website that may be electronically mailed to the agency to
request records from the Oklahoma Health Care Authority. The form may also be
downloaded, completed and mailed to the agency. An open records form can be
obtained by writing to the Open Records Coordinator, OHCA Legal Division, PO
Drawer, 18497, Oklahoma City, Oklahoma 73154-0497.
(B) The person requesting records may also
provide a written narrative at the address noted in paragraph (A). The written
request must provide enough detail to allow the agency to ascertain the needs
of the requestor. For example, a request asking for "all data relating to
provider "b"" is not sufficient for the agency to properly answer the request.
The reason the request in this example cannot be answered without further
inquiry is that it has no time limitation nor any database information
restriction. This type of request will be unavoidably delayed and eventually
returned to the sender for additional information.
(C) In the event of any records request
(electronic or otherwise) the agency will estimate the work involved in
answering the request and bill the requestor either;
(i) the reasonable direct cost of record
copying or mechanical reproduction; or
(ii) the reasonable cost of record search and
the direct cost of record copying (or mechanical reproduction).
(D) The amount in paragraph (C)(i)
is charged for all requests that are not solely for commercial purposes or
requests that cause an excessive disruption of the essential functions of the
public body.
(E) The amount in
paragraph (C)(ii) is charged for all requests that are solely for commercial
purposes or requests that cause an excessive disruption of the essential
functions of the public body.
(F)
OHCA generally waives the payment requirement from media searches and
government agency searches because it considers these record requests to be
matters of public interest.
(G)
OHCA generally regards requests for pharmacy or other payment data as requests
solely for commercial purposes.
(2)
OHCA fees for copying and
search.
(A) As required by law, OHCA
posts its copying fees and search fees in the Oklahoma County Clerk's office
and at its principal place of business.
(B) OHCA also posts its schedule on its
public website at www.okhca.org. The legally recognized schedule however, is
the schedule posted at its principal place of business and County Clerk's
office.
(C) OHCA's fee schedule
specifically takes into account the statutory limit of fees for copying and
certified copies.
(D) OHCA's fee
schedule minimizes costs by using electronic data transmission when possible.
Its fee schedule takes into account charges for electronic search and data
devices (such as storage media).
(E) OHCA must receive any fees associated
with the fee request before the records will be provided.
(3)
Open records request
exceptions. OHCA may deny record requests in anticipation of litigation
against the agency. The Oklahoma Civil Discovery Code is properly used for
these requests. OHCA may deny open records requests for the reasons stated in
any of the exceptions provided in the Open Records Act. The use of the
exceptions is not to thwart the accountability of state government.
(4)
Timeliness of responses. The
agency endeavors to answer all record requests within a reasonable time as
required by law. Generally a reasonable period of time is 30 days from receipt
of a specific record request depending upon the following factors;
(A) the ability to communicate with the
requestor regarding federal or state law redaction requirements;
(B) the workload within the agency regarding
open record requests and program activity;
(C) the inability to produce the record with
or without redaction;
(D) the
specificity of the written request;
(E) payment of the fee; and
(F) the size and complexity of the data
request.
Added at 27 Ok Reg 284,
eff 11-3-09 (emergency); Added at 27 Ok Reg 916, eff
5-13-10