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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2314 By: Lawson
AS INTRODUCED
An Act relating to community-based services; amending
56 O.S. 2011, Section 1025.1, as amended by Section
37, Chapter 475, O.S.L. 2019 (5 6 O.S. Supp. 2020,
Section 1025.1), which relates to definitions;
providing definitions; amending 56 O.S. 2011, Section
1025.3, which relates to community services worker
registry; requiring certain investigation to include
certain notification process; ex cluding area of
concern or administrative information from certain
investigative information; directing the Department
of Human Services to develop certain procedure; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2011, Section 1025.1, as
amended by Section 37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
Section 1025.1), is amended to read as follows:
Section 1025.1 For the purposes of this chapter Sections 1025.2
through 1025.4 of this title :
1. "Administrative information " means information reported to
or obtained by the Department of Human Services regarding the
community services provider during the investigative process that
may be appropriate for internal administrative action but does not
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have the potential to impact the immediate health, safety or welfare
of recipients of community services, has not been verified as true
and is for informational purposes only;
2. "Area of concern" means an issue that does not rise to the
level of abuse or neglect but may constitute a possible deficiency,
irregularity or deviation from policies and best practices by the
community services provider which has the potential to impact the
health, safety or welfare of recipients of community -based services,
and the Department of Human Services has conducted sufficient
inquiry into the issue to meet the probable cause investigative
standard;
3. "Bureau" means the Oklahoma State Bureau of Investigation;
2. 4. "Community services provider " means a community-based
program, corporation, or individual who contracts with, or is
licensed or funded by, the Department of Human Services to provide
residential or vocational services to persons who are elderly or
persons with intellectual or developmental disabilities, or
contracts with the Oklahoma Health Care Authority to provide
services to individuals with intellectual disabilities through a
Home and Community-Based Waiver, except a private ICF/IID;
3. 5. "Community services worker" means any person employed by
or under contract with a community services provider who provides,
for compensation or as a volunteer, health -related services,
training, or supportive assistance to persons who are elderly or
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persons with development al disabilities, and who is not a licensed
health professional or any person who contracts with the Oklahoma
Health Care Authority to provide specialized foster care,
habilitation training specialist services, or homemaker services to
persons with developm ental disabilities;
4. 6. "Department" means the Department of Human Services;
5. 7. "Developmental disability " means a severe, chronic
disability of a person which:
a. is attributable to a mental or physical impairment or
combination of mental and physi cal impairments, such
as an intellectual development disorder, cerebral
palsy, or autism,
b. is manifested before the person attains twenty -two
(22) years of age,
c. is likely to continue indefinitely,
d. results in substantial functional limitations in th ree
or more of the following areas of major life activity:
(1) self-care,
(2) receptive and expressive language,
(3) learning,
(4) mobility,
(5) self-direction,
(6) capacity for independent living, and
(7) economic self-sufficiency, and
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e. reflects the person's need for a combination and
sequence of special, interdisciplinary, or generic
care, treatment, or other services which are of
lifelong or extended duration and are individually
planned and coordinated;
6. 8. "Health-related services" means those services provided
by community services providers or community services workers to
persons who are elderly or persons with developmental disabilities
that include, but are not limited to, personal hygiene,
transferring, range of motion, supervision or assista nce in
activities of daily living, basic nursing care such as taking
temperature, pulse or respiration, positioning, incontinent care,
and identification of signs and symptoms of disease. Certain tasks
that may be performed as basic nursing care by commun ity services
workers require appropriate training provided or approved by the
Department, written agreement by the service recipient 's personal
support team, and the primary care physician 's acknowledgement and
specific order related to the task. Under su ch circumstances, basic
nursing care may include, but need not be limited to:
a. nutrition, including meals by gastrostomy tube or
jejeunostomy tube,
b. blood glucose monitoring,
c. ostomy bag care,
d. oral suctioning, and
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e. administration of oral metered dose inhalers and
nebulizers;
7. 9. "Supportive assistance " means the service rendered to
persons with developmental disabilities which is sufficient to
enable such person to meet an adequate level of daily living.
Supportive assistance includes, but is not limited to, training,
supervision, assistance in housekeeping, assistance in the
preparation of meals, and assistance in activities of daily living
as necessary for the health and comfort of persons with
developmental disabilities;
8. 10. "Maltreatment" means abuse, verbal abuse, sexual abuse,
neglect, financial neglect, exploitation or sexual exploitation of
vulnerable adults as defined in Section 10 -103 of Title 43A of the
Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
exploitation of children as defined in Section 1 -1-105 of Title 10A
of the Oklahoma Statutes;
9. 11. "Personal care" means a level of assistance provided in
the home of an individual to meet the individual 's activities of
daily living needs such as bathing, grooming, meal preparation,
light housekeeping, laundry, and care plan -directed errands;
10. 12. "Medicaid personal care services provider " means a
program, corporation or individual who provides services under the
state Medicaid program personal care program or ADvanta ge Waiver to
individuals who are elderly or who have a physical disability;
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11. 13. "Medicaid personal care assistant " means a person who
provides Medicaid services funded under the state Medicaid program
personal care program, who is not a certified nurs e aide or a
licensed professional;
12. 14. "Specialized foster care " means the home- and
community-based service as defined in the 1915(c) waiver approved by
the Centers for Medicare and Medicaid Services;
13. 15. "Habilitation training specialist servic es" means the
home- and community-based service as defined in the 1915(c) waiver
approved by the Centers for Medicare and Medicaid Services; and
14. 16. "Homemaker services" means the home- and community-
based service as defined in the 1915(c) waiver appr oved by the
Centers for Medicare and Medicaid Services.
SECTION 2. AMENDATORY 56 O.S. 2011, Section 1025.3, is
amended to read as follows:
Section 1025.3 A. The Commission for Director of the
Department of Human Services shall p romulgate rules to establish and
maintain a community services worker registry. Such rules may
include, but need not be limited to:
1. A procedure for notation in such registry of a final
Department of Human Services investigative finding or a finding by
an Administrative Law Judge of maltreatment of an individual by a
community services worker or a Medicaid personal care assistant;
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2. A procedure for notice and due process for a community
services worker, or a Medicaid personal care assistant, or applic ant
before the entering of such person 's name in the registry as having
a final Department of Human Services investigative finding or
Administrative Law Judge finding of maltreatment of an individual;
3. Disclosure requirements for information in the regi stry; and
4. Procedures for granting a waiver of the provisions of
paragraph 1 of subsection F of Section 1025.2 of this title by the
Director of Human Services.
B. The community services worker registry shall include, but
not be limited to, the followin g information on each community
services worker and each Medicaid personal care assistant:
1. The individual's full name;
2. Information necessary to identify each individual;
3. The date the individual 's name was placed in the registry;
and
4. Information on any final Department of Human Services
investigative finding or Administrative Law Judge finding of
maltreatment concerning the worker.
C. A community services worker, a Medicaid personal care
assistant, or applicant who is adversely affected by a n
Administrative Law Judge finding of maltreatment of an individual
may seek judicial review pursuant to Article II of the
Administrative Procedures Act. The finding of the Administrative
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Law Judge may be appealed to the district court of the county in
which the community services worker, Medicaid personal care
assistant, or applicant resides within thirty (30) days of the date
of the decision. A copy of the petition shall be served by mail
upon the general counsel of the Department of Human Services.
D. An investigation conducted under Section 1025.1 et seq. of
this title shall include a process for notifying a community
services provider of areas of concern and administrative
information. An area of concern or administrative information shall
not be considered final investigative findings, nor shall the area
of concern or administrative information be included in a final
investigative report of the Department of Human Services. The
Department shall develop a procedure by which a community services
provider may request an investigative status update within ten (10)
calendar days of the initiation of an investigation conducted under
Section 1025.1 et seq. of this title.
SECTION 3. This act shall become effective November 1, 2021.
58-1-7198 CMA 01/15/21