Agency sought to add prior authorization for complex tooth extractions
OKLAHOMA CITY (Feb. 25, 2026) – Attorney General Gentner Drummond has instructed the Oklahoma Health Care Authority (OHCA) to withdraw its proposed rule affecting Oklahoma dentists and SoonerCare members, citing an inherently defective rulemaking process under the Oklahoma Administrative Procedures Act.
In a letter sent yesterday to OHCA Director Clay Bullard, Drummond noted that out-of-state, for-profit Managed Care Organizations (MCOs) favored the new rule adding prior authorization requirements for complex tooth extractions because it creates excessive bureaucracy.
“In October 2025, I reminded you that Governor Stitt led the effort to bring out-of-state, for-profit managed care entities into Oklahoma, promising to reduce costs and strengthen preventative care. Clearly, this has been yet another of the Governor’s failures,” Drummond wrote. “It is no secret to Oklahomans that insurance premiums are increasing across the board, including medical and homeowners, while benefits are decreasing. So, it is no surprise that the dental MCOs are behind a proposal that would create more bureaucracy and red tape. Insurance companies are good at denying claims.”
Drummond said the proposed rule is invalid because OHCA staff changed the language of the rule twice after it was published for a public comment period set for Dec. 15, 2025 to Jan. 15, 2026. Additionally, the version ultimately adopted appeared to give little or no weight to the public comments received, raising questions about whether they were considered at all.
“Interested parties and affected entities were likely commenting on the text of the proposed rule as published on Dec. 15,” Drummond said. “However, it is clear that the OHCA pulled the rug from those individuals and intended to adopt the rules it and the out-of-state, for-profit MCOs wanted.”
Given that the OHCA Board did not meet between Dec. 15 and Jan. 15, Drummond said it is apparent that staff were changing the rules even though the law provides the OHCA Board with the authority to promulgate rules.
