Judges: W.A. DREW EDMONDSON, Attorney General of Oklahoma
Filed Date: 4/15/2002
Status: Precedential
Modified Date: 7/6/2016
Dear Representative Lindley
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:
Do the duties of the Advisory Committee on Medical Care forPublic Assistance Recipients include a duty to review and makerecommendations on the placement of drugs on the Medicaid priorauthorization program proposed by the Drug Utilization ReviewBoard prior to the consideration of such recommendations by theOklahoma Health Care Authority?
¶ 1 A function of the Oklahoma Health Care Authority ("Authority") is to administer the Medicaid program in the State of Oklahoma. 63 Ohio St. 2001, § 5006[
¶ 2 In response to this mandate, the Legislature created the Advisory Committee on Medical Care for Public Assistance Recipients ("Advisory Committee"). 63 Ohio St. 2001, § 5009.2[
B. The Advisory Committee shall meet bimonthly to review and make recommendations related to:
1. Policy development and program administration;
2. Policy changes proposed by the Authority prior to consideration of such changes by the Authority;
1. Financial concerns related to the Authority and the administration of the programs under the Authority; and
2. Other pertinent information related to the management and operation of the Authority and the delivery of health and medical care services.
Id.
¶ 3 Furthermore, the Legislature has said, "The Authority shall give due consideration to the comments and recommendations of the Advisory Committee in the Authority's deliberations on policies. . . ." Id. § 5009.2(D).
¶ 4 In addition to the Advisory Committee, federal law requires that all participating states provide for a drug use review board.
¶ 5 The object of statutory interpretation is to discern legislative intent. Neer v. Okla. Tax Comm'n,
¶ 6 It is a rule that a specific statute controls and acts as an exception to a general statute. Taylor v. Special Indem.Fund,
Where there are two provisions of the statutes, one of which is special and particular and clearly includes the matter in controversy, and where the special statute covering the subject prescribes different rules and procedure from those in the general statute, it will be held that the special statute applies to the subject matter, and [that] the general statute does not apply.
Id. (quoting State ex rel. White v. Beeler,
¶ 7 The Advisory Committee has a general mandate to review program administration and policy changes. 63 Ohio St. 2001, §5009.2[
¶ 8 Through the Advisory Committee and the DUR Board, the Legislature has developed a comprehensive scheme to assist in the administration and policy development of the Medicaid program. Within that scheme, the Legislature has indicated that the DUR Board is to bear the responsibility of placing drugs and drug classes on the prior authorization program. Given the specific nature of the DUR Board's mission, this delegation of authority works to relieve the Advisory Committee of its general obligations to review and make recommendations on policy changes and program administration in so far as such policy change or program administration involves a duty specifically delegated to the DUR Board. Therefore, the DUR Board has the specific statutory obligation to make recommendations on the placement of drugs on the Medicaid prior authorization program.
¶ 9 It is, therefore, the official Opinion of the AttorneyGeneral that:
The Advisory Committee on Medical Care for Public AssistanceRecipients, created at 63 Ohio St. 2001, § 5009.2[
W.A. DREW EDMONDSON Attorney General of Oklahoma
D. CASEY DAVIS Assistant Attorney General