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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2358 By: Lawson
AS INTRODUCED
An Act relating to poor persons; amending 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), which relates to definitions; adding terms;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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:
1. "Area of concern" or "AOC" means an issue that does not rise
to the level of abuse or neglect but may constitute possible
deficiencies, irregularities or deviations from policies and best
practices which have the potential to impact the health, safety or
welfare of service recipients ;
2. "Bureau" means the Oklahoma State Bureau of Investigation;
2. 3. "Community services provider " means a community-based
program, corporation, or individual who contracts with, or is
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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. 4. "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
persons with developmental 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 developmental disabilities;
4. 5. "Department" means the Department of Human Services;
5. 6. "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 physical impairments, such
as an intellectual development disorder, cerebral
palsy, or autism,
b. is manifested before the person attains twenty -two
(22) years of age,
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c. is likely to continue indefinitely,
d. results in substantial functional limi tations in three
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
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. 7. "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, supervisi on or assistance 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 c are by community services
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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 ta sk. Under such 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
e. administration of oral metered dose inhalers and
nebulizers;
7. 8. "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 inc ludes, 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. 9. "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
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exploitation of children as defined in Section 1 -1-105 of Title 10A
of the Oklahoma Statutes;
9. 10. "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, gr ooming, meal preparation,
light housekeeping, laundry, and care plan -directed errands;
10. 11. "Medicaid personal care services provider " means a
program, corporation or individual who provides services under the
state Medicaid program personal care progr am or ADvantage Waiver to
individuals who are elderly or who have a physical disability;
11. 12. "Medicaid personal care assistant " means a person who
provides Medicaid services funded under the state Medicaid program
personal care program, who is not a c ertified nurse aide or a
licensed professional;
13. "Reported information " means information reported to the
agency during the investigative process which may be appropriate for
internal administrative action but does not have the potential to
impact the health, safety or welfare of services recip ients, has not
been verified as true, and is for informational purposes only;
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;
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13. 15. "Habilitation training specialist services " 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 approved by the
Centers for Medicare and Medicaid Services.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5712 CMA 12/21/20