Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB42 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 42 By: Rader and Bergstrom of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Dills of the House
12		-
13	42
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18	47		An Act relating to home care; amending 63 O.S. 20 11,
19	48		Section 1-1962, as last amended by Section 3, Chapter
20	49		77, O.S.L. 2017 (63 O.S. Supp. 2020, Section 1 -1962),
21	50		which relates to home care agency license; modifying
22	51		applicability of act; updating statutory language;
23	52		and providing an effective date .
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28		-	SUBJECT: Home care
29		-
30	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	58		SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -1962, as
33	59		last amended by Section 3, Chapter 77, O.S.L. 2017 (63 O.S. Supp.
34	60		2020, Section 1-1962), is amended to read as follows:
35		-
36	61		Section 1-1962. A. No home care agency as that term is defined
37	62		by the Home Care Act shall operate without first obtaining a license
38	63		as required by the Home Care Act.
39		-
40	64		B. 1. No home care agency, except as otherwise provided by
41	65		this subsection, shall place an individual in the role of supportive
42	66		home assistant with a client on a full -time, temporary, per diem, or
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43	94		other basis, unless the individual has completed agency -based
44	95		supportive home assistant training taught by a registered nurse in
45	96		the sections applica ble to the assistance required by the client.
46	97		Each supportive home assistant who successfully completes agency -
47		-
48		-	ENR. S. B. NO. 42 Page 2
49	98		based training shall demonstrate competence by testing through an
50	99		independent entity approved by the State Department of Health. The
51	100		requirements related to application, approval, renewal, and denial
52	101		of such testing entities shall be set forth in administrative rules
53	102		promulgated by the State Board Commissioner of Health.
54		-
55	103		2. The home care agency shall develop a written training plan
56	104		that shall include, at a minimum, the following:
57		-
58	105		a. observation, reporting, and documentation of client
59	106		status and the standby assistance or other services
60	107		furnished,
61		-
62	108		b. maintenance of a clean, safe, and healthy environment,
63		-
64	109		c. recognizing an emergency and necessary em ergency
65	110		procedures,
66		-
67	111		d. safe techniques to provide standby assistance with
68	112		bathing, grooming, and toileting,
69		-
70	113		e. assistance with meal preparation and safe food
71	114		handling and storage,
72		-
73	115		f. client rights and responsibilities and the need for
74	116		respect for the clien t and for the privacy and
75	117		property of the client, and
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77	145		g. basic infection control practices to include, at a
78	146		minimum, instruction in acceptable hand hygiene
79	147		techniques and the application of standard
80	148		precautions.
81		-
82	149		3. Supervisory visits shall be made accordi ng to the client
83	150		need, as determined by the nursing supervisor, but no less than once
84	151		every six (6) months.
85		-
86	152		4. No supportive home assistant shall provide services to a
87	153		client until a criminal history background check and a check of the
88	154		nurse aide registry maintained by the State Department of Health is
89	155		performed in accordance with Section 1 -1950.1 of this title and the
90	156		assistant is found to have no notations of abuse of any kind on the
91		-
92		-	ENR. S. B. NO. 42 Page 3
93	157		registry and no convictions of the crimes listed in subsection F of
94	158		Section 1-1950.1 of this title.
95		-
96	159		5. No home care agency may employ a supportive home assistant
97	160		listed on the Department of Human Services Community Services Worker
98	161		Registry.
99		-
100	162		6. No licensed health care facility, licensed physician,
101	163		advanced practice registere d nurse, physician assistant, or state
102	164		agency employee acting in the performance of his or her duties shall
103	165		refer a client for personal care services as defined in paragraph 8
104	166		of Section 1-1961 of this title or for companion or sitter services
105	167		as defined in paragraph 1 of subsection A of Section 1 -1972 of this
106	168		title, except to an agency licensed to provide such services. For
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107	196		purposes of this subsection, "licensed health care facility " shall
108	197		include acute care hospitals, long -term acute care hospitals,
109	198		rehabilitation hospitals, skilled nursing facilities, assisted
110	199		living facilities, residential care homes, home care agencies, adult
111	200		day care centers and hospice agencies.
112		-
113	201		C. 1. No employer or contractor, except as otherwise provided
114	202		by this subsection, shall employ or contract with any individual as
115	203		a home health aide for more than four (4) months, on a full -time,
116	204		temporary, per diem or other basis, unless the individual is a
117	205		licensed health professional or unless the individual has satisfied
118	206		the requirements for certification and placement on the home health
119	207		aide registry maintained by the State Department of Health.
120		-
121	208		2. a. Any person in the employment of a home care agency as
122	209		a home health aide on June 30, 1992, with continuous
123	210		employment through June 30, 199 3, shall be granted
124	211		home health aide certification by the Department on
125	212		July 1, 1993. The home care agency shall maintain
126	213		responsibility for assurance of specific competencies
127	214		of the home health aide and shall only assign the home
128	215		health aide to tasks for which the aide has been
129	216		determined to be competent.
130		-
131	217		b. Any home health aide employed between the dates of
132	218		July 1, 1992, and June 30, 1993, shall be eligible for
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133	246		certification by passing a competency evaluation and
134	247		testing as required by the Department.
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136		-	ENR. S. B. NO. 42 Page 4
137		-
138	248		c. Any home health aide employed on and after July 1,
139	249		1996, shall complete any specified training,
140	250		competency evaluation and testing required by the
141	251		Department.
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143	252		D. The provisions of the Home Care Act shall not apply to:
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145	253		1. A person acting alone who provide s services in the home of a
146	254		relative, neighbor or friend;
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148	255		2. A person who provides maid services only;
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150	256		3. A nurse service or home aide service conducted by and for
151	257		the adherents to any religious denomination, the tenets of which
152	258		include reliance on spiri tual means through prayer alone for
153	259		healing;
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155	260		4. A person providing hospice services pursuant to the Oklahoma
156	261		Hospice Licensing Act;
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158	262		5. A nurse-midwife;
159		-
160	263		6. An individual, agency, or organization that contracts with
161	264		the Oklahoma Health Care Authority to p rovide services under the
162	265		Home- and Community-Based Waiver for persons with developmental
163	266		disabilities or that contracts with the Department of Human Services
164	267		to provide community services to persons with developmental
165	268		disabilities; provided, that staff me mbers and individuals providing
166	269		the services shall receive a level of training, approved by the
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167	297		Department of Human Services, which meets or exceeds the level
168	298		required pursuant to the Home Care Act. An individual, agency or
169	299		organization otherwise covered under the Home Care Act shall be
170	300		exempt from the act only for those paraprofessional direct care
171	301		services provided under contracts referenced in this paragraph;
172		-
173	302		7. An individual, agency or organization that provides or
174	303		supports the provision of personal c are services to an individual
175	304		who performs individual employer responsibilities of hiring,
176	305		training, directing and managing a personal care attendant as part
177	306		of the Oklahoma Health Care Authority Consumer -Directed Personal
178	307		Assistance Supports and Services (CD-PASS) waiver program. An
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180		-	ENR. S. B. NO. 42 Page 5
181	308		individual, agency or organization otherwise covered under the
182	309		provisions of the Home Care Act shall be exempt from the act only
183	310		for those paraprofessional direct care services provided under
184	311		Oklahoma Health Care Authority con tracts referenced in this
185	312		paragraph, but shall not be exempt from the criminal history
186	313		background check required under the Home Care Act and Section 1 -
187	314		1950.1 of this title for other paraprofessional direct care service
188	315		providers. A personal care attendant hired by a consumer under the
189	316		CD-PASS program shall be exempt from certification as a home health
190	317		aide, provided such personal care attendant receives the training
191	318		required and approved by the Department of Human Services;
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193	346		8. An individual who only provi des Medicaid home- and
194	347		community-based personal care services pursuant to a contract with
195	348		the Oklahoma Health Care Authority;
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197	349		9. An individual who:
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199	350		a. is employed by a licensed home care agency exclusively
200	351		to provide personal care services on a live-in basis
201	352		in the home,
202		-
203	353		b. has no convictions pursuant to a criminal history
204	354		investigation as provided in Section 1 -1950.1 of this
205	355		title,
206		-
207	356		c. is being continuously trained by a registered nurse to
208	357		provide care that is specific to the needs of the
209	358		particular client receiving the care, and
210		-
211	359		d. is supervised by a registered nurse via an on -site
212	360		visit at least once each month;
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214	361		10. A home or facility approved and annually reviewed by the
215	362		United States Department of Veterans Affairs as a medical foster
216	363		home in which care is provided exclusively to three or fewer
217	364		veterans; or
218		-
219	365		11. A person qualified by the Department as a certified nurse
220	366		aide pursuant to the provisions of Section 1 -1951 of this title.
221		-
222	367		SECTION 2. This act shall become effective November 1, 2021.
223	368
224		-	ENR. S. B. NO. 42 Page 6
225		-
226		-	Passed the Senate the 8th day of February, 2021.
227		-
228		-
229		-
230		-	Presiding Officer of the Senate
231		-
232		-
233		-	Passed the House of Representatives the 14th day of April, 2021.
234		-
235		-
236		-
237		-	Presiding Officer of the House
238		-	of Representatives
239		-
240		-	OFFICE OF THE GOVERNOR
241		-	Received by the Office of the Governor this _______ _____________
242		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
243		-	By: _______________________________ __
244		-	Approved by the Governor of the State of Oklahoma this _____ ____
245		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
246		-
247		-	_________________________________
248		-	Governor of the State of Oklahoma
249		-
250		-
251		-	OFFICE OF THE SECRETARY OF STATE
252		-	Received by the Office of the Secretary of State this _______ ___
253		-	day of __________________, 20 _______, at _______ o'clock _______ M.
254		-	By: __________________________ _______
	369	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
	370	+	CARE, dated 03/30/2021 - DO PASS, As Coauthored.