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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3710 By: Bush
AS INTRODUCED
An Act relating to the Program of All-Inclusive Care
for the Elderly (PACE); amending 63 O.S. 2021,
Sections 1-872 and 1-1961, which relate to
definitions; modifying terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-872, is
amended to read as follows :
Section 1-872. As used in the Adult Day Care Act :
1. "Adult day care center " or "center" means a facility which
provides basic day care services to unrelated impaired adults for
more than four (4) hours in a twenty -four-hour period. A center
shall be a distinct entity, either freestanding or a separat e
program of a larger organization. A center shall have a separately
verifiable staff, space, budget and participant record system. The
terms "adult day care center" or "center" may include providers of
Program of All-Inclusive Care for the Elderly (PACE) services as
determined by the State Department of Health. The terms "adult day
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care center" or "center" shall not include retirement centers and
senior citizen centers;
2. "Basic day care services " means supervised healt h, social
supportive, and recrea tional services in a structured daytime
program which serves functionally impaired adults who continue to
live in their own homes, usually with the aid of family care givers
caregivers;
3. "Department" means the State Depar tment of Health; and
4. "Participant" means any person attending an adult day care
center.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1961, is
amended to read as follows :
Section 1-1961. As used in the Home Care Act:
1. "Board" means the State Board of Healt h;
2. "Certification" means verification of appropriate training
and competence established by the State Commissioner of Health by
rules promulgated pursuan t to the Home Care Act for home health
aides and home care agency a dministrators;
3. "Department" means the State Department of Health;
4. "Healthcare Health care provider" means a physician,
physician assistant or Advanced Practice Registered Nurse recognized
by the Oklahoma Board of Nursing as a Certified Nur se Practitioner
or a Clinical Nurse Specialist;
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5. "Home care agency" means any sole proprietors hip,
partnership, association, corporation or other organization which
administers, offers or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence. The term "home care agency" shall not include:
a. individuals who contract with the Department of Human
Services to provide personal care services, pr ovided
such individuals shall not be exempt fr om
certification as home health aides,
b. organizations that contract with the Oklahoma Health
Care Authority as Intermediary Services Organizations
(ISO) to provide federal Internal Revenue Service
fiscal and supportive services to Consumer -Directed
Personal Assistance Supports and Services (CD -PASS)
waiver program participants who have employer
responsibility for hiring, training, directing and
managing an individual personal care attendant, or
c. CD-PASS waiver program employer participants , or
d. providers of Program of All-Inclusive Care for the
Elderly (PACE) services;
6. "Home care services" means skilled or personal care services
provided to clients in their place of residence for a fee;
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7. "Home health aide" means an individual who provides person al
care to clients in their temporar y or permanent place of residence
for a fee;
8. "Home care agency administrator" means a person who
operates, manages, or supervises, or is in charge of a home care
agency;
9. "Personal care" means assistance with dres sing, bathing,
ambulation, exercise or other personal needs;
10. "Skilled care" means home care services performed on a
regular basis by a trained respiratory therapist/technician or by a
person currently licensed by this state including but not limited t o
a Licensed Practical Nurse, Regist ered Nurse, physical therapist,
occupational therapist, speech therapist, or social worker;
11. "Standby assistance" means supervision of client -directed
activities with verbal prompting and infrequent, incidental hands -on
intervention only; and
12. "Supportive home assistant" means an individual employed by
a home care agency who provides standby assistance to ambulatory
clients, in conjunction with other companionship or homemaker
services, in the temporary or permane nt place of residence of the
client for a fee.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9016 KN 01/03/22