| 42 | | - | An Act relating to long-term care; defining terms; |
|---|
| 43 | | - | designating the Oklahoma Health Care Authority as the |
|---|
| 44 | | - | state administering agency for PACE program |
|---|
| 45 | | - | agreements; authorizing the Authority to enter into |
|---|
| 46 | | - | PACE program agreements ; requiring enforcement of |
|---|
| 47 | | - | certain federal laws and regulations; authorizing the |
|---|
| 48 | | - | Authority to enter into certain agreements with the |
|---|
| 49 | | - | State Department of Health; directing the Department |
|---|
| 50 | | - | to create and issue certain license; stating minimum |
|---|
| 51 | | - | licensure requirements; directing monitoring of PACE |
|---|
| 52 | | - | organizations; prohibiting certain regulation; |
|---|
| 53 | | - | authorizing certain action for noncompliance ; |
|---|
| 54 | | - | directing promulgation of rules; amending 63 O.S. |
|---|
| 55 | | - | 2021, Section 1-872, which relates to definitions |
|---|
| 56 | | - | used in the Adult Day Care Act; amending 63 O.S. |
|---|
| 57 | | - | 2021, Section 1-1961, which relates to definitions |
|---|
| 58 | | - | used in the Home Care Act; modifying definitions; |
|---|
| 59 | | - | providing for codification; and providing an |
|---|
| 60 | | - | effective date. |
|---|
| 65 | + | An Act relating to long-term care; authorizing |
|---|
| 66 | + | Oklahoma Health Care Authority to enter into |
|---|
| 67 | + | contracts with providers of Program of All-Inclusive |
|---|
| 68 | + | Care for the Elderly (PACE) servi ces; requiring |
|---|
| 69 | + | enforcement of certain federal laws and regulations; |
|---|
| 70 | + | directing State Department of Health to create and |
|---|
| 71 | + | issue certain license; prohibiting certain |
|---|
| 72 | + | regulation; authorizing inspections and other |
|---|
| 73 | + | oversight; directing promulgation of rules; amending |
|---|
| 74 | + | 63 O.S. 2021, Section 1 -872, which relates to |
|---|
| 75 | + | definitions used in the Adult Day Care Act; amending |
|---|
| 76 | + | 63 O.S. 2021, Section 1-1961, which relates to |
|---|
| 77 | + | definitions used in the Home Care Act; modifying |
|---|
| 78 | + | definitions; providing for codification; and |
|---|
| 79 | + | providing an effective date . |
|---|
| 97 | | - | 1. “PACE” stands for program of all-inclusive care for the |
|---|
| 98 | | - | elderly; and |
|---|
| 99 | | - | 2. The terms “PACE program agreement”, “PACE organization”, and |
|---|
| 100 | | - | “state administering ag ency” have the same meaning as provided by 42 |
|---|
| 101 | | - | C.F.R., Section 460.6. |
|---|
| 102 | | - | B. 1. The Oklahoma Health Care Authority shall serve as the |
|---|
| 103 | | - | state administering agency responsible for administering PACE |
|---|
| 104 | | - | program agreements under 42 C.F.R., Part 460, Subpart C . The |
|---|
| 105 | | - | Authority may enter into PACE program agreements with PACE |
|---|
| 106 | | - | organizations and the Centers for Medicare and M edicaid Services. |
|---|
| 107 | | - | 2. The Authority shall enforce applicable federal laws and |
|---|
| 108 | | - | regulations governing PACE organizations including but not limited |
|---|
| 109 | | - | to regulations of the Centers for Medicare and M edicaid Services |
|---|
| 110 | | - | codified at 42 C.F.R. , Part 460. The Authority may enter into an |
|---|
| 111 | | - | agreement with the State Department of Health to carry out any |
|---|
| 112 | | - | duties or functions of the state administering agency under 42 |
|---|
| 113 | | - | C.F.R., Part 460 or other applicable federal laws or regulations. |
|---|
| 114 | | - | C. 1. The State Department of H ealth shall create and issue to |
|---|
| 115 | | - | qualifying applicants a license for PACE organizations. Qualifying |
|---|
| 116 | | - | PACE organizations s hall at a minimum meet all requirements of 42 |
|---|
| 117 | | - | C.F.R., Part 460, Subpart B. |
|---|
| 118 | | - | 2. The Department shall perform onsite visits and other |
|---|
| 119 | | - | necessary monitoring of PACE organizations under 42 C.F.R., Part |
|---|
| 144 | + | but not limited to regulations of the Centers for Medicare and |
|---|
| 145 | + | Medicaid Services. |
|---|
| 146 | + | B. The State Department of H ealth shall create and issue to |
|---|
| 147 | + | qualifying applicants a license for providers of PACE servi ces. The |
|---|
| 148 | + | Department shall not regulate providers of PACE services under the |
|---|
| 149 | + | Home Care Act or any other act that governs a different type of |
|---|
| 150 | + | facility or provider other than the Adult Day Care Act. The |
|---|
| 151 | + | Department shall perform inspections and other necessary oversight |
|---|
| 152 | + | of facilities owned or operated by providers of PACE services and |
|---|
| 153 | + | shall enforce applicable federal laws and regulations governing |
|---|
| 154 | + | providers of PACE services including but not limited to regulations |
|---|
| 155 | + | of the Centers for M edicare and Medicaid Services. |
|---|
| 156 | + | C. The Oklahoma Health Care Authority Board and the State |
|---|
| 157 | + | Commissioner of Health shall promulgate rules to imple ment this |
|---|
| 158 | + | section including, but not limited to, rules governing |
|---|
| 159 | + | qualifications of providers of PACE services . |
|---|
| 160 | + | SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -872, is |
|---|
| 161 | + | amended to read as follows: |
|---|
| 162 | + | Section 1-872. As used in the Adult Day C are Act: |
|---|
| 163 | + | 1. "Adult day care center " or "center" means a facility which |
|---|
| 164 | + | provides basic day care services to unrelated impaired adults for |
|---|
| 165 | + | more than four (4) hours in a twenty -four-hour period. A center |
|---|
| 166 | + | shall be a distinct entity, either freestanding or a separate |
|---|
| 167 | + | program of a larger organization. A center shal l have a separately |
|---|
| 146 | | - | 460, Subpart K and as provided by the agreement with the Authority |
|---|
| 147 | | - | described in paragraph 2 of subsection B of this section. |
|---|
| 148 | | - | 3. The Department shall not license or regulate PACE |
|---|
| 149 | | - | organizations under the Home Care Act, the Adult Day Care Act, or |
|---|
| 150 | | - | any other act that governs a different type of facility or provider. |
|---|
| 151 | | - | 4. The Department may, in cooperation with the Centers for |
|---|
| 152 | | - | Medicare and Medicaid Services and as provided by the agreement with |
|---|
| 153 | | - | the Authority described in paragraph 2 of subsection B of this |
|---|
| 154 | | - | section, take action against noncompliant PACE organizations under |
|---|
| 155 | | - | 42 C.F.R., Part 460, Subpart D. |
|---|
| 156 | | - | D. The Oklahoma Health Care Authority Board and the State |
|---|
| 157 | | - | Commissioner of Health shall promulgate rules to imple ment this |
|---|
| 158 | | - | section. |
|---|
| 159 | | - | SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -872, is |
|---|
| 219 | + | verifiable staff, space, budge t and participant record system . The |
|---|
| 220 | + | terms adult day care center or center may include providers of |
|---|
| 221 | + | Program of All-Inclusive Care for the Elderl y (PACE) services as |
|---|
| 222 | + | determined by the State Department of He alth. The terms "adult day |
|---|
| 223 | + | care center" or "center" shall not include retirement centers and |
|---|
| 224 | + | senior citizen centers; |
|---|
| 225 | + | 2. "Basic day care services " means supervised health, social |
|---|
| 226 | + | supportive, and recreational services in a structured daytime |
|---|
| 227 | + | program which serves functionally impaired adults who continue t o |
|---|
| 228 | + | live in their own homes, usually with the aid of family care givers; |
|---|
| 229 | + | 3. "Department" means the State Department of Health; and |
|---|
| 230 | + | 4. "Participant" means any person attending an adult day care |
|---|
| 231 | + | center. |
|---|
| 232 | + | SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-1961, is |
|---|
| 161 | | - | Section 1-872. As used in the Adult Day Care Act: |
|---|
| 162 | | - | 1. “Adult day care center ” or “center” means a facility which |
|---|
| 163 | | - | provides basic day care services to unrelated impaired adults for |
|---|
| 164 | | - | more than four (4) hours in a twenty -four-hour period. A center |
|---|
| 165 | | - | shall be a distinct entity, either freestanding or a separate |
|---|
| 166 | | - | program of a larger organization. A center shal l have a separately |
|---|
| 167 | | - | verifiable staff, space, budge t and participant record system . The |
|---|
| 168 | | - | terms “adult day care center ” or “center” shall not include |
|---|
| 234 | + | Section 1-1961. As used in the Home Care Act: |
|---|
| 235 | + | 1. "Board" means the State Board of Health; |
|---|
| 236 | + | 2. "Certification" means verification of appropriate traini ng |
|---|
| 237 | + | and competence established by the State Commiss ioner of Health by |
|---|
| 238 | + | rules promulgated pursuan t to the Home Care Act for home health |
|---|
| 239 | + | aides and home care agency administrators; |
|---|
| 240 | + | 3. "Department" means the State Department of Health; |
|---|
| 241 | + | 4. "Healthcare provider" means a physician, physician assistant |
|---|
| 242 | + | or Advanced Practice Registered Nurse recognized by th e Oklahoma |
|---|
| 195 | | - | retirement centers and, senior citizen centers, or PACE |
|---|
| 196 | | - | organizations as defined by 42 C.F.R. , Section 460.6; |
|---|
| 197 | | - | 2. “Basic day care services ” means supervised health, social |
|---|
| 198 | | - | supportive, and recreational services in a structured daytime |
|---|
| 199 | | - | program which serves functionally impaired adults who continue to |
|---|
| 200 | | - | live in their own homes, usually with the aid of family care givers; |
|---|
| 201 | | - | 3. “Department” means the State Department of Health; and |
|---|
| 202 | | - | 4. “Participant” means any person attending an adult day care |
|---|
| 203 | | - | center. |
|---|
| 204 | | - | SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-1961, is |
|---|
| 205 | | - | amended to read as follows: |
|---|
| 206 | | - | Section 1-1961. As used in the Home Care Act: |
|---|
| 207 | | - | 1. “Board” means the State Board of Health; |
|---|
| 208 | | - | 2. “Certification” means verification of appropriate traini ng |
|---|
| 209 | | - | and competence established by the Sta te Commissioner of Health by |
|---|
| 210 | | - | rules promulgated pursuan t to the Home Care Act for home health |
|---|
| 211 | | - | aides and home care agency administrators; |
|---|
| 212 | | - | 3. “Department” means the State Department of Health; |
|---|
| 213 | | - | 4. “Healthcare provider” means a physician, physician assistant |
|---|
| 214 | | - | or Advanced Practice Registered Nurse recognized by th e Oklahoma |
|---|
| 298 | + | administers, offers or provides home care services, for a fee or |
|---|
| 299 | + | pursuant to a contract for such services, to clients in their place |
|---|
| 300 | + | of residence. The term "home care agency" shall not include: |
|---|
| 301 | + | a. individuals who contract with the Department of Human |
|---|
| 302 | + | Services to provide personal care services, pr ovided |
|---|
| 303 | + | such individuals shall not be exempt from |
|---|
| 304 | + | certification as home health aides, |
|---|
| 305 | + | b. organizations that contract with the Oklahoma Health |
|---|
| 306 | + | Care Authority as Int ermediary Services Organizations |
|---|
| 307 | + | (ISO) to provide federal Internal Revenue Service |
|---|
| 308 | + | fiscal and supportive services to Consumer -Directed |
|---|
| 309 | + | Personal Assistance Supports and Services (CD -PASS) |
|---|
| 310 | + | waiver program participants who have employer |
|---|
| 311 | + | responsibility for hiri ng, training, directing and |
|---|
| 312 | + | managing an individual personal care attendant, or |
|---|
| 313 | + | c. CD-PASS waiver program employer participants , or |
|---|
| 314 | + | d. providers of Program of All -Inclusive Care for the |
|---|
| 315 | + | Elderly (PACE) services; |
|---|
| 316 | + | 6. "Home care services" means skilled or pers onal care services |
|---|
| 317 | + | provided to clients in their pl ace of residence for a fee; |
|---|
| 245 | | - | administers, offers or provides home care services, for a fee or |
|---|
| 246 | | - | pursuant to a contract for such services, to clients in their place |
|---|
| 247 | | - | of residence. The term “home care agency” shall not include: |
|---|
| 248 | | - | a. individuals who contract with the Department o f Human |
|---|
| 249 | | - | Services to provide personal care services, pr ovided |
|---|
| 250 | | - | such individuals shall not be exempt from |
|---|
| 251 | | - | certification as home health aides, |
|---|
| 252 | | - | b. organizations that contract with the Oklahoma Health |
|---|
| 253 | | - | Care Authority as Int ermediary Services Organizations |
|---|
| 254 | | - | (ISO) to provide federal Internal Revenue Service |
|---|
| 255 | | - | fiscal and supportive services to Consumer -Directed |
|---|
| 256 | | - | Personal Assistance Supports and Services (CD -PASS) |
|---|
| 257 | | - | waiver program participants who have employer |
|---|
| 258 | | - | responsibility for hiri ng, training, directing and |
|---|
| 259 | | - | managing an individual personal care attendant, or |
|---|
| 260 | | - | c. CD-PASS waiver program employer participants , or |
|---|
| 261 | | - | d. PACE organizations as defined by 42 C.F.R. , Section |
|---|
| 262 | | - | 460.6; |
|---|
| 263 | | - | 6. “Home care services” means skilled or pers onal care services |
|---|
| 264 | | - | provided to clients in their pl ace of residence for a fee; |
|---|
| 265 | | - | 7. “Home health aide” means an individual who provides personal |
|---|
| 369 | + | 7. "Home health aide" means an individual who provides personal |
|---|