Oklahoma Judge to rule on Open Records Request

OK-SAFE, Inc. – (Background note: In mid-2010 former OK Governor Brad Henry signed the grant application for a $54 million Early Innovator grant to establish an insurance exchange in Oklahoma.  This exchange was a cornerstone of Obama Care.  In February 2011 Governor Mary Fallin accepted the grant money, after having won the 2010 election campaigning against Obama Care.

Public outrage and political push back followed.

In late April 2011 Fallin did an ‘about face’ and rejected the $54 million. Open records request by various news outlets sought the correspondence leading up to this decision.  In March 2013 Gov. Fallin’s office released 50,000 pages of documents. Missing were 100 pages of correspondence, held back claiming “executive privilege”.  The Lost Ogle and the ACLU then sued the Governor, seeking the missing documents.)

From FOI Oklahoma, June 13, 2014:

Ruling expected today on whether executive, deliberative process privileges allow Oklahoma governor to keep records secret

An Oklahoma County trial judge said Thursday she expects to rule “by the end of the week” on whether executive and deliberative process privileges permit Gov. Mary Fallin to keep records secret from the public.

Because Fallin is the first Oklahoma governor to claim these privileges, Oklahoma courts have never addressed the issue.

“I am just trying to find out how much authority I have out there to rely on,” District Judge Barbara Swinton told Fallin’s attorney during heard oral arguments Thursday.

The Lost Ogle and the ACLU of Oklahoma sued Fallin in April 2013 after she claimed these privileges allow her to keep secret 100 pages of advice from “senior executive branch officials” on the creation of a state health insurance exchange.

(Vandelay Entertainment LLC v. Fallin, Mary, No. CV-2013-763 (Okla. Co. April 9, 2013))

Fallin’s decision to reject Medicaid expansion funding affected about 250,000 Oklahomans.

The phrases “executive privilege” and “deliberate process privilege” do not exist in Oklahoma’s Constitution or in any Oklahoma statute.

Rest of post here.

We will post the judge’s decision when it becomes available.

 

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UPDATE: Revised First Joint Committee on Federal Health Care Law Meeting Notice – Sept. 14, 2011

(9/8/11 UPDATE: Below is the revised agenda for the first joint committee meeting.)

The first meeting of the joint legislative committee on the effects of the federal health care law (Affordable Care Act, aka “ObamaCare”) on Oklahoma will be held in Oklahoma City on Wednesday, September 14, 2011 at 9:00 am in the House chamber at the OK State Capitol.

This first meeting appears to be featuring some of the key members of the Health Insurance Exchange Steering Committee from the Oklahoma Health Care Authority.  The OHCA is the recipient of the federal grants to implement health care reform, including a $1 M planning grant, as well as being the intended recipient of the $54 M Early Innovator Grant the state accepted then “rejected” earlier this year.

Committee co-chairs are Sen. Gary Stanislawski and Rep. Glen Mulready. Every Oklahoman with concerns about the implementation of health insurance exchanges (now “marketplaces”), the use of electronic medical/health records and medical privacy should try to attend this meeting.  This looks to be an all-day meeting, so come prepared to spend some time.

The entire notice is below, including the joint committee members.

Future meetings are to be held in Tulsa, and then again in Oklahoma City.  Dates and times are not confirmed at this time.

____________________________________________________________________________________________________

MEETING NOTICE

Date of Notice: September 7, 2011

JOINT COMMITTEE ON FEDERAL HEALTH CARE LAW

SUBJECT:                  First Meeting

MEETING DATE:   Wednesday, September 14, 2011

MEETING TIME:        9:00 A.M.

LOCATION:                House Chamber, State Capitol Building

_________________________________________________________________________________________________________________________________________________

Agenda:

9:00 am – 11:30 am                                                                          

1.              Welcome and Introductions

2.              Present State of Health Outcomes and Health Care in Oklahoma

Julie Cox-Kain, Chief Operating Officer, Oklahoma State Department of Health

                                                Mike Fogarty, Chief Executive Officer, Oklahoma Health Care Authority

1:00 pm – 4:00 pm

 3.              PPACA: Description of Mandates, Costs, and Other Implications for the State Concerning Public                         Health

Julie Cox-Kain, Chief Operating Officer, Oklahoma State Department of Health

 4.              Medicaid and Accountable Care Organizations

Buffy Heater, Director of Planning and Development, Oklahoma Health Care Authority

                                                Cindy Roberts, Deputy Chief Executive Officer, Oklahoma Health Care Authority

                                                Jason Sutton, Policy Impact Director, Oklahoma Council of Public Affairs

5.              Other Business

Senate Appointees:                                                     House Appointees:

Senator Gary Stanislawski, Co-Chair                Rep. Glen Mulready, Co-Chair

Senator Cliff Aldridge                                                 Rep. Doug Cox

Senator Bill Brown                                                      Rep. Randy Grau

Senator Sean Burrage                                                Rep. Danny Morgan

Senator Brian Crain                                                    Rep. Jeannie McDaniel

Senator John Sparks                                                  Rep. Jason Nelson

Senate Staff:

Jennifer Mullens, Legislative Analyst

Alicia Emerson, Legislative Analyst

Lori Block, Staff Attorney

Andrew Messer, Fiscal Analyst

Anthony Sammons, Staff Attorney

Darrell D. Washington, Administrative Assistant