The Oklahoma Health Care Authority wrote in a Wednesday letter to providers that it is not requiring them to submit attestations disclosing abortion-related activities until further notice.
OHCA board members rejected a proposed emergency rule Monday that implemented Gov. Kevin Stitt’s July executive order, requiring all Oklahoma Medicaid providers to submit a signed attestation disclosing whether they or any related entities engage in abortion-related activities, including referral or affiliation.
Attestations were emailed to providers Sept. 29. They were given until 5 p.m. Nov. 21 to return them.
A proposed rule was first tabled in a Sept. 30 board meeting. Members were concerned about a lack of clarity regarding what words like "affiliation" mean and the consequences providers could face. If they were found to be noncompliant, a provider could be denied, excluded, not renewed or terminated from participating in Oklahoma Medicaid.
OHCA sought to provide clarity through a FAQs document and a revised rule considered during their board’s special Monday meeting. It included definitions of “affiliated with,” “refer for” and “abortion-related activities.”
But board members were still wary, voting to seek an opinion from the attorney general on whether the board must abide by the order’s directive. They also passed a resolution requesting Board Chair Marc Nuttle and OHCA CEO Clay Bullard engage with Stitt to seek clarification on the order and work with him to postpone enforcement of the attestation requirement until the board passes rules.
“If not, I imagine that there will be folks in the provider community that will seek declaratory judgment for a temporary injunction to stay the execution of these attestations until we get cleared either from the courts or from the attorney general,” said Board Vice Chair Alex Yaffe, Monday.
The Wednesday letter, signed by Bullard, reiterates the board’s request for further legal clarification of the executive order and its implementation.
“Pending further review and consideration of rules related to the EO at the next Board meeting on January 21, 2026, OHCA is exercising its discretion to pause implementation,” the letter reads.
Attestations were required to allow providers’ contract applications or renewals to be processed. The letter states that both can now continue without the attestations at this time. The agency said it will provide updates as they become available.
StateImpact reached out to OHCA and Stitt for comment. This story will be updated with any new responses.
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