Oklahoma 2022 Regular Session

Oklahoma House Bill HB2314 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2314 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
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35	32		HOUSE BILL 2314 By: Lawson
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41	38		AS INTRODUCED
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43	40		An Act relating to community-based services; amending
44	41		56 O.S. 2011, Section 1025.1, as amended by Section
45	42		37, Chapter 475, O.S.L. 2019 (5 6 O.S. Supp. 2020,
46	43		Section 1025.1), which relates to definitions;
47	44		providing definitions; amending 56 O.S. 2011, Section
48	45		1025.3, which relates to community services worker
49	46		registry; requiring certain investigation to include
50	47		certain notification process; ex cluding area of
51	48		concern or administrative information from certain
52	49		investigative information; directing the Department
53	50		of Human Services to develop certain procedure; and
54	51		providing an effective date .
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59	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
60	57		SECTION 1. AMENDATORY 56 O.S. 2011, Section 1025.1, as
61	58		amended by Section 37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
62	59		Section 1025.1), is amended to read as follows:
63	60		Section 1025.1 For the purposes of this chapter Sections 1025.2
64	61		through 1025.4 of this title :
65	62		1. "Administrative information " means information reported to
66	63		or obtained by the Department of Human Services regarding the
67	64		community services provider during the investigative process that
	65	+	may be appropriate for internal administrative action but does not
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69		-	HB2314 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
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95		-	may be appropriate for internal administrative action but does not
96	92		have the potential to impact the immediate health, safety or welfare
97	93		of recipients of community services, has not been verified as true
98	94		and is for informational purposes only;
99	95		2. "Area of concern" means an issue that does not rise to the
100	96		level of abuse or neglect but may constitute a possible deficiency,
101	97		irregularity or deviation from policies and best practices by the
102	98		community services provider which has the potential to impact the
103	99		health, safety or welfare of recipients of community -based services,
104	100		and the Department of Human Services has conducted sufficient
105	101		inquiry into the issue to meet the probable cause investigative
106	102		standard;
107	103		3. "Bureau" means the Oklahoma State Bureau of Investigation;
108	104		2. 4. "Community services provider " means a community-based
109	105		program, corporation, or individual who contracts with, or is
110	106		licensed or funded by, the Department of Human Services to provide
111	107		residential or vocational services to persons who are elderly or
112	108		persons with intellectual or developmental disabilities, or
113	109		contracts with the Oklahoma Health Care Authority to provide
114	110		services to individuals with intellectual disabilities through a
115	111		Home and Community-Based Waiver, except a private ICF/IID;
116	112		3. 5. "Community services worker" means any person employed by
117	113		or under contract with a community services provider who provides,
118	114		for compensation or as a volunteer, health -related services,
	115	+	training, or supportive assistance to persons who are elderly or
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120		-	HB2314 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendments. 1
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146		-	training, or supportive assistance to persons w ho are elderly or
147	142		persons with development al disabilities, and who is not a licensed
148	143		health professional or any person who contracts with the Oklahoma
149	144		Health Care Authority to provide specialized foster care,
150	145		habilitation training specialist services, or homemaker services to
151	146		persons with developm ental disabilities;
152	147		4. 6. "Department" means the Department of Human Services;
153	148		5. 7. "Developmental disability " means a severe, chronic
154	149		disability of a person which:
155	150		a. is attributable to a mental or physical impairment or
156	151		combination of mental and physi cal impairments, such
157	152		as an intellectual development disorder, cerebral
158	153		palsy, or autism,
159	154		b. is manifested before the person attains twenty -two
160	155		(22) years of age,
161	156		c. is likely to continue indefinitely,
162	157		d. results in substantial functional limitations in th ree
163	158		or more of the following areas of major life activity:
164	159		(1) self-care,
165	160		(2) receptive and expressive language,
166	161		(3) learning,
167	162		(4) mobility,
168	163		(5) self-direction,
169	164		(6) capacity for independent living, and
	165	+	(7) economic self-sufficiency, and
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171		-	HB2314 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
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197		-	(7) economic self-sufficiency, and
198	192		e. reflects the person's need for a combination and
199	193		sequence of special, interdisciplinary, or generic
200	194		care, treatment, or other services which are of
201	195		lifelong or extended duration and are individually
202	196		planned and coordinated;
203	197		6. 8. "Health-related services" means those services provided
204	198		by community services providers or community services workers to
205	199		persons who are elderly or persons with developmental disabilities
206	200		that include, but are not limited to, personal hygiene,
207	201		transferring, range of motion, supervision or assista nce in
208	202		activities of daily living, basic nursing care such as taking
209	203		temperature, pulse or respiration, positioning, incontinent care,
210	204		and identification of signs and symptoms of disease. Certain tasks
211	205		that may be performed as basic nursing care by commun ity services
212	206		workers require appropriate training provided or approved by the
213	207		Department, written agreement by the service recipient 's personal
214	208		support team, and the primary care physician 's acknowledgement and
215	209		specific order related to the task. Under su ch circumstances, basic
216	210		nursing care may include, but need not be limited to:
217	211		a. nutrition, including meals by gastrostomy tube or
218	212		jejeunostomy tube,
219	213		b. blood glucose monitoring,
220	214		c. ostomy bag care,
	215	+	d. oral suctioning, and
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222		-	HB2314 HFLR Page 5
223		-	BOLD FACE denotes Committee Amendments. 1
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248		-	d. oral suctioning, and
249	242		e. administration of oral metered dose inhalers and
250	243		nebulizers;
251	244		7. 9. "Supportive assistance " means the service rendered to
252	245		persons with developmental disabilities which is sufficient to
253	246		enable such person to meet an adequate level of daily living.
254	247		Supportive assistance includes, but is not limited to, training,
255	248		supervision, assistance in housekeeping, assistance in the
256	249		preparation of meals, and assistance in activities of daily living
257	250		as necessary for the health and comfort of persons with
258	251		developmental disabilities;
259	252		8. 10. "Maltreatment" means abuse, verbal abuse, sexual abuse,
260	253		neglect, financial neglect, exploitation or sexual exploitation of
261	254		vulnerable adults as defined in Section 10 -103 of Title 43A of the
262	255		Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
263	256		exploitation of children as defined in Section 1 -1-105 of Title 10A
264	257		of the Oklahoma Statutes;
265	258		9. 11. "Personal care" means a level of assistance provided in
266	259		the home of an individual to meet the individual 's activities of
267	260		daily living needs such as bathing, grooming, meal preparation,
268	261		light housekeeping, laundry, and care plan -directed errands;
269	262		10. 12. "Medicaid personal care services provider " means a
270	263		program, corporation or individual who provides services under the
	264	+	state Medicaid program personal care program or ADvanta ge Waiver to
	265	+	individuals who are elderly or who have a physical disability;
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272		-	HB2314 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendments. 1
	267	+	Req. No. 7198 Page 6 1
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298		-	state Medicaid program personal care program or ADvantage Waiver to
299		-	individuals who are elderly or who have a physical disability;
300	292		11. 13. "Medicaid personal care assistant " means a person who
301	293		provides Medicaid services funded under the state Medicaid program
302	294		personal care program, who is not a certified nurs e aide or a
303	295		licensed professional;
304	296		12. 14. "Specialized foster care " means the home- and
305	297		community-based service as defined in the 1915(c) waiver approved by
306	298		the Centers for Medicare and Medicaid Services;
307	299		13. 15. "Habilitation training specialist servic es" means the
308	300		home- and community-based service as defined in the 1915(c) waiver
309	301		approved by the Centers for Medicare and Medicaid Services; and
310	302		14. 16. "Homemaker services" means the home- and community-
311	303		based service as defined in the 1915(c) waiver appr oved by the
312	304		Centers for Medicare and Medicaid Services.
313	305		SECTION 2. AMENDATORY 56 O.S. 2011, Section 1025.3, is
314	306		amended to read as follows:
315	307		Section 1025.3 A. The Commission for Director of the
316	308		Department of Human Services shall p romulgate rules to establish and
317	309		maintain a community services worker registry. Such rules may
318	310		include, but need not be limited to:
319	311		1. A procedure for notation in such registry of a final
320	312		Department of Human Services investigative finding or a finding by
	313	+	an Administrative Law Judge of maltreatment of an individual by a
	314	+	community services worker or a Medicaid personal care assistant;
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322		-	HB2314 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
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348		-	an Administrative Law Judge of maltreatment of an individual by a
349		-	community services worker or a Medicaid personal care assistant;
350	341		2. A procedure for notice and due process for a community
351	342		services worker, or a Medicaid personal care assistant, or applic ant
352	343		before the entering of such person 's name in the registry as having
353	344		a final Department of Human Services investigative finding or
354	345		Administrative Law Judge finding of maltreatment of an individual;
355	346		3. Disclosure requirements for information in the regi stry; and
356	347		4. Procedures for granting a waiver of the provisions of
357	348		paragraph 1 of subsection F of Section 1025.2 of this title by the
358	349		Director of Human Services.
359	350		B. The community services worker registry shall include, but
360	351		not be limited to, the followin g information on each community
361	352		services worker and each Medicaid personal care assistant:
362	353		1. The individual's full name;
363	354		2. Information necessary to identify each individual;
364	355		3. The date the individual 's name was placed in the registry;
365	356		and
366	357		4. Information on any final Department of Human Services
367	358		investigative finding or Administrative Law Judge finding of
368	359		maltreatment concerning the worker.
369	360		C. A community services worker, a Medicaid personal care
370	361		assistant, or applicant who is adversely affected by a n
371	362		Administrative Law Judge finding of maltreatment of an individual
	363	+	may seek judicial review pursuant to Article II of the
	364	+	Administrative Procedures Act. The finding of the Administrative
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373		-	HB2314 HFLR Page 8
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399		-	may seek judicial review pursuant to Article II of the
400		-	Administrative Procedures Act. The finding of the Administrative
401	391		Law Judge may be appealed to the district court of the county in
402	392		which the community services worker, Medicaid personal care
403	393		assistant, or applicant resides within thirty (30) days of the date
404	394		of the decision. A copy of the petition shall be served by mail
405	395		upon the general counsel of the Department of Human Services.
406	396		D. An investigation conducted under Section 1025.1 et seq. of
407	397		this title shall include a process for notifying a community
408	398		services provider of areas of concern and administrative
409	399		information. An area of concern or administrative information shall
410	400		not be considered final investigative findings, nor shall the area
411	401		of concern or administrative information be included in a final
412	402		investigative report of the Department of Human Services. The
413	403		Department shall develop a procedure by which a community services
414	404		provider may request an investigative status update within ten (10)
415	405		calendar days of the initiation of an investigation conducted under
416	406		Section 1025.1 et seq. of this title.
417	407		SECTION 3. This act shall become effective November 1, 2021.
418	408
419		-	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
420		-	SERVICES, dated 02/09/2021 - DO PASS.
	409	+	58-1-7198 CMA 01/15/21