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ENGROSSED SENATE
BILL NO. 433 By: Rosino of the Senate
and
Lawson of the House
An Act relating to community-based services; amending
56 O.S. 2011, Section 1025.1, as amended by Section
37, Chapter 475, O.S .L. 2019 (56 O.S. Supp. 2020,
Section 1025.1), which relates to definitions; adding
definitions; amending 56 O.S. 2011, Section 1025.3 ,
which relates to community services wor ker registry;
requiring certain investiga tion to include certain
notification process; excluding area of concern or
administrative information from certain investigative
information; directing the Department of Human
Services to develop certain procedure; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2011, Section 1025.1, as
amended by Section 37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
Section 1025.1), is amended to read as follows:
Section 1025.1. For the purposes of this chapter Sections
1025.2 through 1025.4 of this title:
1. “Administrative information ” means information reported to
or obtained by the Department of Human Services regarding the
community services provid er during the investigative process that
may be appropriate for internal administ rative action but does not
have the potential to impact the immediate health, safety or welfare
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of recipients of community services , has not been verified as true
and is for information al purposes only;
2. “Area of concern” means an issue that does not ri se to the
level of abuse or neglect but may constitute a possible deficiency,
irregularity or deviation from policies and best practices by the
community services provider which has the potential to impact the
health, safety or welfare of recipients of community-based services,
and the Department of Human Services has conducted sufficient
inquiry into the issue to meet the probable cause investigative
standard;
3. “Bureau” means the Oklahoma State Bureau of Inve stigation;
2. 4. “Community services provide r” means a community-based
program, corporation, or individual who contracts with, or is
licensed or funded by, the Department of Human Services to provide
residential or vocational ser vices to persons who are e lderly or
persons with intellectual or develo pmental disabilities, or
contracts with the Oklahoma Health Care Authority to provide
services to individuals with intellectual disabilities throug h a
Home and Community-Based Waiver, except a private ICF/IID;
3. 5. “Community services worker” means any person employed by
or under contract with a community services provider who provides,
for compensation or as a volunteer, health -related services,
training, or supportive assistance to p ersons who are elderly or
persons with developmental disabilities, and who is not a licensed
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health professional or any person who contracts with the Oklahoma
Health Care Authority to provide specialized foster care,
habilitation training specialist servic es, or homemaker services to
persons with developmental disabilities;
4. 6. “Department” means the Department of Human Services;
5. 7. “Developmental disability ” means a severe, chronic
disability of a person which:
a. is attributable to a mental or phys ical impairment or
combination of mental and physical impairments, such
as an intellectual development disorder, cerebral
palsy, or autism,
b. is manifested before the person attain s twenty-two
(22) years of age,
c. is likely to continue indefinitely,
d. results in substantial func tional limitations in three
or more of the following areas of major life activity:
(1) self-care,
(2) receptive and expressive language,
(3) learning,
(4) mobility,
(5) self-direction,
(6) capacity for independent living, and
(7) economic self-sufficiency, and
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e. reflects the person’s need for a combination and
sequence of special, interdisciplinary, or generic
care, treatment, or other services which are of
lifelong or extended duration and ar e individually
planned and coordinated ;
6. 8. “Health-related services” means those services provided
by community services providers or community services workers to
persons who are elderly or persons with developmental disabilities
that include, but are not limited to, personal hygiene,
transferring, range of motion , supervision or assistance in
activities of daily living, basic nursing care such as taking
temperature, pulse or respiration, positioning, incontinent care,
and identification of signs and s ymptoms of disease. Certain tasks
that may be performed as basi c nursing care by community services
workers require appropriate training provided or approved by the
Department, written agreement by the service recipient ’s personal
support team, and the pr imary care physician ’s acknowledgement and
specific order relate d to the task. Under such circumstances, bas ic
nursing care may include, but need not be limited to:
a. nutrition, including meals by gastrostomy tube or
jejeunostomy tube,
b. blood glucose monitoring,
c. ostomy bag care,
d. oral suctioning, and
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e. administration of oral metered dose inhalers and
nebulizers;
7. 9. “Supportive assistance ” means the service rendered to
persons with developmental disabilities which is sufficient to
enable such person to meet an adequate level of dai ly living.
Supportive assistance includes, but is not limited to, trai ning,
supervision, assistance in housekeeping, assistance in the
preparation of meals, and assistance in activities of daily living
as necessary for the health and comfort of persons wi th
developmental disabilit ies;
8. 10. “Maltreatment” means abuse, verbal abuse, sexual abuse,
neglect, financial neglect, exploitation or sexual exploitation of
vulnerable adults as defined in Section 10-103 of Title 43A of the
Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
exploitation of children as defined in Section 1-1-105 of Title 10A
of the Oklahoma Statutes;
9. 11. “Personal care” means a level of assistance provided in
the home of an individual t o meet the individual ’s activities of
daily living needs such as bathing, grooming, meal preparation,
light housekeeping, laundry, and care plan-directed errands;
10. 12. “Medicaid personal care services provider ” means a
program, corporation or individual who provides services under the
state Medicaid program persona l care program or ADvantage Waiver to
individuals who are elderly or who have a physical disability;
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11. 13. “Medicaid personal care assistant ” means a person who
provides Medicaid services funded under the state Medicaid program
personal care program, wh o is not a certified nurse aide or a
licensed professional;
12. 14. “Specialized foster care ” means the home- and
community-based service as defined in the 1915(c) waiver approved by
the Centers for Medicare and Medicaid Services ;
13. 15. “Habilitation training specialist services” means the
home- and community-based service as defined in the 1915(c) waiver
approved by the Centers for Medicare and Medicaid Services; and
14. 16. “Homemaker services” means the home- and community-
based service as defined i n the 1915(c) waiver approved by the
Centers for Medicare and Medicaid Services.
SECTION 2. AMENDATORY 56 O.S. 2011, Section 1025.3 , is
amended to read as follows:
Section 1025.3. A. The Commission for Director of the
Department of Human Services shall promulgate rules to establish and
maintain a community services worker registry. S uch rules may
include, but need not be limited to:
1. A procedure for notation in such registry of a final
Department of Human Services investigati ve finding or a finding by
an Administrative Law Judge of maltreatment of an individual by a
community services worker or a Medicaid personal care assistant;
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2. A procedure for notice an d due process for a community
services worker, or a Medicaid personal care assistant, or applicant
before the entering of such person’s name in the registry as having
a final Department of Human Services investigative finding or
Administrative Law Judge fi nding of maltreatment of an individual;
3. Disclosure requirements f or information in the registry; and
4. Procedures for granting a waiver of the provisions of
paragraph 1 of subsection F of Section 1025.2 of this title by the
Director of Human Services .
B. The community services worker registr y shall include, but
not be limited to, the following information on ea ch community
services worker and each Medicaid personal care as sistant:
1. The individual’s full name;
2. Information necessary to identify each individual;
3. The date the individua l’s name was placed in the registry;
and
4. Information on any final D epartment of Human Services
investigative finding or Administra tive Law Judge finding of
maltreatment concerning the worker.
C. A community services worker, a Medicaid personal care
assistant, or applicant who is adversely affected by an
Administrative Law Judge finding of maltreatment of an individual
may seek judicial review pursuant to Article II of the
Administrative Procedures Act. The fi nding of the Administrative
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Law Judge may be appealed to the district court of the county in
which the community s ervices worker, Medicaid personal care
assistant, or applicant resides within thirty (30) days of the date
of the decision. A copy of the pet ition shall be served by mail
upon the general counsel of the Departm ent of Human Services.
D. An investigation c onducted under Section 1025.1 et seq. of
this title shall inclu de a process for notifying a community
services provider of areas of concern and administrative
information. An area of c oncern or administra tive information shall
not be considered final inve stigative findings, nor shall the area
of concern or administra tive information be included in a final
investigative report of the Department of Human Services. The
Department shall develop a procedure by which a community services
provider may request an investigative status update within ten (10)
calendar days of the initiation of an investigation conducted under
Section 1025.1 et seq. of this title .
SECTION 3. This act shall become effective November 1, 2021.
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Passed the Senate the 11th day of February, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives