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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3710 By: Bush
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38	38	AS INTRODUCED
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40	40	An Act relating to the Program of All-Inclusive Care
41	41	for the Elderly (PACE); amending 63 O.S. 2021,
42	42	Sections 1-872 and 1-1961, which relate to
43	43	definitions; modifying terms; and providing an
44	44	effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-872, is
52	52	amended to read as follows :
53	53	Section 1-872. As used in the Adult Day Care Act :
54	54	1. "Adult day care center " or "center" means a facility which
55	55	provides basic day care services to unrelated impaired adults for
56	56	more than four (4) hours in a twenty -four-hour period. A center
57	57	shall be a distinct entity, either freestanding or a separat e
58	58	program of a larger organization. A center shall have a separately
59	59	verifiable staff, space, budget and participant record system. The
60	60	terms "adult day care center" or "center" may include providers of
61	61	Program of All-Inclusive Care for the Elderly (PACE) services as
62	62	determined by the State Department of Health. The terms "adult day
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89	89	care center" or "center" shall not include retirement centers and
90	90	senior citizen centers;
91	91	2. "Basic day care services " means supervised healt h, social
92	92	supportive, and recrea tional services in a structured daytime
93	93	program which serves functionally impaired adults who continue to
94	94	live in their own homes, usually with the aid of family care givers
95	95	caregivers;
96	96	3. "Department" means the State Depar tment of Health; and
97	97	4. "Participant" means any person attending an adult day care
98	98	center.
99	99	SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1961, is
100	100	amended to read as follows :
101	101	Section 1-1961. As used in the Home Care Act:
102	102	1. "Board" means the State Board of Healt h;
103	103	2. "Certification" means verification of appropriate training
104	104	and competence established by the State Commissioner of Health by
105	105	rules promulgated pursuan t to the Home Care Act for home health
106	106	aides and home care agency a dministrators;
107	107	3. "Department" means the State Department of Health;
108	108	4. "Healthcare Health care provider" means a physician,
109	109	physician assistant or Advanced Practice Registered Nurse recognized
110	110	by the Oklahoma Board of Nursing as a Certified Nur se Practitioner
111	111	or a Clinical Nurse Specialist;
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138	138	5. "Home care agency" means any sole proprietors hip,
139	139	partnership, association, corporation or other organization which
140	140	administers, offers or provides home care services, for a fee or
141	141	pursuant to a contract for such services, to clients in their place
142	142	of residence. The term "home care agency" shall not include:
143	143	a. individuals who contract with the Department of Human
144	144	Services to provide personal care services, pr ovided
145	145	such individuals shall not be exempt fr om
146	146	certification as home health aides,
147	147	b. organizations that contract with the Oklahoma Health
148	148	Care Authority as Intermediary Services Organizations
149	149	(ISO) to provide federal Internal Revenue Service
150	150	fiscal and supportive services to Consumer -Directed
151	151	Personal Assistance Supports and Services (CD -PASS)
152	152	waiver program participants who have employer
153	153	responsibility for hiring, training, directing and
154	154	managing an individual personal care attendant, or
155	155	c. CD-PASS waiver program employer participants , or
156	156	d. providers of Program of All-Inclusive Care for the
157	157	Elderly (PACE) services;
158	158	6. "Home care services" means skilled or personal care services
159	159	provided to clients in their place of residence for a fee;
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186	186	7. "Home health aide" means an individual who provides person al
187	187	care to clients in their temporar y or permanent place of residence
188	188	for a fee;
189	189	8. "Home care agency administrator" means a person who
190	190	operates, manages, or supervises, or is in charge of a home care
191	191	agency;
192	192	9. "Personal care" means assistance with dres sing, bathing,
193	193	ambulation, exercise or other personal needs;
194	194	10. "Skilled care" means home care services performed on a
195	195	regular basis by a trained respiratory therapist/technician or by a
196	196	person currently licensed by this state including but not limited t o
197	197	a Licensed Practical Nurse, Regist ered Nurse, physical therapist,
198	198	occupational therapist, speech therapist, or social worker;
199	199	11. "Standby assistance" means supervision of client -directed
200	200	activities with verbal prompting and infrequent, incidental hands -on
201	201	intervention only; and
202	202	12. "Supportive home assistant" means an individual employed by
203	203	a home care agency who provides standby assistance to ambulatory
204	204	clients, in conjunction with other companionship or homemaker
205	205	services, in the temporary or permane nt place of residence of the
206	206	client for a fee.
207	207	SECTION 3. This act shall become effective November 1, 2022.
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209	209	58-2-9016 KN 01/03/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3710 Compare Versions