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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1577 By: Kidd
AS INTRODUCED
An Act relating to long-term care; authorizing
Oklahoma Health Care Authority to enter into
contracts with providers of Program of All-Inclusive
Care for the Elderly (PACE) servi ces; requiring
enforcement of certain federal laws and regulations;
directing State Department of Health to create and
issue certain license; prohibiting certain
regulation; authorizing inspections and other
oversight; directing promulgation of rules; amending
63 O.S. 2021, Section 1 -872, which relates to
definitions used in the Adult Day Care Act; amending
63 O.S. 2021, Section 1-1961, which relates to
definitions used in the Home Care Act; modifying
definitions; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1017.7 of Title 56, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Health Care Authority may enter into contracts
with providers of Program of All-Inclusive Care for the Elderly
(PACE) services. The Authority shall enforce applicable federal
laws and regulations governing providers of PACE services including
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but not limited to regulations of the Centers for Medicare and
Medicaid Services.
B. The State Department of H ealth shall create and issue to
qualifying applicants a license for providers of PACE servi ces. The
Department shall not regulate providers of PACE services under the
Home Care Act or any other act that governs a different type of
facility or provider other than the Adult Day Care Act. The
Department shall perform inspections and other necessary oversight
of facilities owned or operated by providers of PACE services and
shall enforce applicable federal laws and regulations governing
providers of PACE services including but not limited to regulations
of the Centers for M edicare and Medicaid Services.
C. The Oklahoma Health Care Authority Board and the State
Commissioner of Health shall promulgate rules to imple ment this
section including, but not limited to, rules governing
qualifications of providers of PACE services .
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -872, is
amended to read as follows:
Section 1-872. As used in the Adult Day C are 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 separate
program of a larger organization. A center shal l have a separately
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verifiable staff, space, budge t and participant record system . The
terms adult day care center or center may include providers of
Program of All-Inclusive Care for the Elderl y (PACE) services as
determined by the State Department of He alth. The terms "adult day
care center" or "center" shall not include retirement centers and
senior citizen centers;
2. "Basic day care services " means supervised health, social
supportive, and recreational services in a structured daytime
program which serves functionally impaired adults who continue t o
live in their own homes, usually with the aid of family care givers;
3. "Department" means the State Department of Health; and
4. "Participant" means any person attending an adult day care
center.
SECTION 3. 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 Health;
2. "Certification" means verification of appropriate traini ng
and competence established by the State Commiss ioner of Health by
rules promulgated pursuan t to the Home Care Act for home health
aides and home care agency administrators;
3. "Department" means the State Department of Health;
4. "Healthcare provider" means a physician, physician assistant
or Advanced Practice Registered Nurse recognized by th e Oklahoma
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Board of Nursing as a Certified Nurse Practitioner or a Clinical
Nurse Specialist;
5. "Home care agency" means any sole proprietorship,
partnership, association, corporation or other organization whic h
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 from
certification as home health aides,
b. organizations that contract with the Oklahoma Health
Care Authority as Int ermediary 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 hiri ng, 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 pers onal care services
provided to clients in their pl ace of residence for a fee;
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7. "Home health aide" means an individual who provides personal
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 supervi ses, or is in charge of a home care
agency;
9. "Personal care" means assistance with dressing, bathing,
ambulation, exercise or other personal needs;
10. "Skilled care" means home care services performed on a
regular basis by a trained Respiratory Therap ist/Technician or by a
person currently licensed by this state including but not limited to
a Licensed Practical Nurse, Regist ered Nurse, Physical Therapist,
Occupational Therapist, Speech Therapist, or Soc ial 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 p rovides standby assistance to ambulatory
clients, in conjunction with other companionship or homemaker
services, in the temporary or permanent place of residence of the
client for a fee.
SECTION 4. This act shall become effective November 1, 2022.
58-2-2765 DC 1/20/2022 12:05:11 PM