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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2358 By: Lawson
33	33
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37	37
38	38	AS INTRODUCED
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40	40	An Act relating to poor persons; amending 56 O.S.
41	41	2011, Section 1025.1, as amended by Section 37,
42	42	Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020, Section
43	43	1025.1), which relates to definitions; adding terms;
44	44	and providing an effective date .
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 56 O.S. 2011, Section 1025.1, as
52	52	amended by Section 37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
53	53	Section 1025.1), is amended to read as follows:
54	54	Section 1025.1 For the purposes of this chapter:
55	55	1. "Area of concern" or "AOC" means an issue that does not rise
56	56	to the level of abuse or neglect but may constitute possible
57	57	deficiencies, irregularities or deviations from policies and best
58	58	practices which have the potential to impact the health, safety or
59	59	welfare of service recipients ;
60	60	2. "Bureau" means the Oklahoma State Bureau of Investigation;
61	61	2. 3. "Community services provider " means a community-based
62	62	program, corporation, or individual who contracts with, or is
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89	89	licensed or funded by, the Department of Human Services to provide
90	90	residential or vocational services to persons who are elderly or
91	91	persons with intellectual or developmental disabilities, or
92	92	contracts with the Oklahoma Health Care Authority to provide
93	93	services to individuals with intellectual disabilities through a
94	94	Home and Community-Based Waiver, except a private ICF/IID;
95	95	3. 4. "Community services worker " means any person employed by
96	96	or under contract with a community services provider who provides,
97	97	for compensation or as a volunteer, health -related services,
98	98	training, or supportive assistance to persons who are elderly or
99	99	persons with developmental disabilities, and who is not a licensed
100	100	health professional or any person who contracts with the Oklahoma
101	101	Health Care Authority to provide specialized foster care,
102	102	habilitation training specialist services, or homemaker services to
103	103	persons with developmental disabilities;
104	104	4. 5. "Department" means the Department of Human Services;
105	105	5. 6. "Developmental disability " means a severe, chronic
106	106	disability of a person which:
107	107	a. is attributable to a mental or physical impairment or
108	108	combination of mental and physical impairments, such
109	109	as an intellectual development disorder, cerebral
110	110	palsy, or autism,
111	111	b. is manifested before the person attains twenty -two
112	112	(22) years of age,
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139	139	c. is likely to continue indefinitely,
140	140	d. results in substantial functional limi tations in three
141	141	or more of the following areas of major life activity:
142	142	(1) self-care,
143	143	(2) receptive and expressive language,
144	144	(3) learning,
145	145	(4) mobility,
146	146	(5) self-direction,
147	147	(6) capacity for independent living, and
148	148	(7) economic self-sufficiency, and
149	149	e. reflects the person's need for a combination and
150	150	sequence of special, interdisciplinary, or generic
151	151	care, treatment, or other services which are of
152	152	lifelong or extended duration and are individually
153	153	planned and coordinated;
154	154	6. 7. "Health-related services" means those services provided
155	155	by community services providers or community services workers to
156	156	persons who are elderly or persons with developmental disabilities
157	157	that include, but are not limited to, personal hygiene,
158	158	transferring, range of motion, supervisi on or assistance in
159	159	activities of daily living, basic nursing care such as taking
160	160	temperature, pulse or respiration, positioning, incontinent care,
161	161	and identification of signs and symptoms of disease. Certain tasks
162	162	that may be performed as basic nursing c are by community services
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189	189	workers require appropriate training provided or approved by the
190	190	Department, written agreement by the service recipient 's personal
191	191	support team, and the primary care physician 's acknowledgement and
192	192	specific order related to the ta sk. Under such circumstances, basic
193	193	nursing care may include, but need not be limited to:
194	194	a. nutrition, including meals by gastrostomy tube or
195	195	jejeunostomy tube,
196	196	b. blood glucose monitoring,
197	197	c. ostomy bag care,
198	198	d. oral suctioning, and
199	199	e. administration of oral metered dose inhalers and
200	200	nebulizers;
201	201	7. 8. "Supportive assistance " means the service rendered to
202	202	persons with developmental disabilities which is sufficient to
203	203	enable such person to meet an adequate level of daily living.
204	204	Supportive assistance inc ludes, but is not limited to, training,
205	205	supervision, assistance in housekeeping, assistance in the
206	206	preparation of meals, and assistance in activities of daily living
207	207	as necessary for the health and comfort of persons with
208	208	developmental disabilities;
209	209	8. 9. "Maltreatment" means abuse, verbal abuse, sexual abuse,
210	210	neglect, financial neglect, exploitation or sexual exploitation of
211	211	vulnerable adults as defined in Section 10 -103 of Title 43A of the
212	212	Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
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239	239	exploitation of children as defined in Section 1 -1-105 of Title 10A
240	240	of the Oklahoma Statutes;
241	241	9. 10. "Personal care" means a level of assistance provided in
242	242	the home of an individual to meet the individual 's activities of
243	243	daily living needs such as bathing, gr ooming, meal preparation,
244	244	light housekeeping, laundry, and care plan -directed errands;
245	245	10. 11. "Medicaid personal care services provider " means a
246	246	program, corporation or individual who provides services under the
247	247	state Medicaid program personal care progr am or ADvantage Waiver to
248	248	individuals who are elderly or who have a physical disability;
249	249	11. 12. "Medicaid personal care assistant " means a person who
250	250	provides Medicaid services funded under the state Medicaid program
251	251	personal care program, who is not a c ertified nurse aide or a
252	252	licensed professional;
253	253	13. "Reported information " means information reported to the
254	254	agency during the investigative process which may be appropriate for
255	255	internal administrative action but does not have the potential to
256	256	impact the health, safety or welfare of services recip ients, has not
257	257	been verified as true, and is for informational purposes only;
258	258	12. 14. "Specialized foster care " means the home- and
259	259	community-based service as defined in the 1915(c) waiver approved by
260	260	the Centers for Medicare and Medicaid Services;
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287	287	13. 15. "Habilitation training specialist services " means the
288	288	home- and community-based service as defined in the 1915(c) waiver
289	289	approved by the Centers for Medicare and Medicaid Services; and
290	290	14. 16. "Homemaker services" means the home- and community-
291	291	based service as defined in the 1915(c) waiver approved by the
292	292	Centers for Medicare and Medicaid Services.
293	293	SECTION 2. This act shall become effective November 1, 2021.
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295	295	58-1-5712 CMA 12/21/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2358 Compare Versions