Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB433 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. 433 By: Rosino of the Senate
7	37
8	38		and
9	39
10	40		Lawson of the House
11	41
12	42
13	43
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15	45		An Act relating to community-based services; amending
16	46		56 O.S. 2011, Section 1025.1, as amended by Section
17	47		37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
18	48		Section 1025.1), which relates to definitions; adding
19	49		definitions; amending 56 O.S. 2011, Section 1025.3,
20	50		which relates to community services worker registry;
21	51		requiring certain investigation to include certain
22	52		notification process; excluding area of concern or
23	53		administrative information from certain investigative
24	54		information; directing the Department of Human
25	55		Services to develop certain procedure; and providing
26	56		an effective date.
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31		-	SUBJECT: Community-based services
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. AMENDATORY 56 O.S. 2011, Section 1025.1, as
36	63		amended by Section 37, Chapter 475, O.S.L. 2019 (56 O.S. Supp. 2020,
37	64		Section 1025.1), is amended to read as follows:
38		-
39	65		Section 1025.1. For the purposes of this chapter Sections
40	66		1025.2 through 1025.4 of this title :
41		-
42	67		1. “Administrative information ” means information reported to
43	68		or obtained by the Department of Human Services regarding the
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44	96		community services provider during the investigative process that
45	97		may be appropriate for internal administrative action but does not
46	98		have the potential to impact the immediate health, safety or welfare
47		-
48		-	ENR. S. B. NO. 433 Page 2
49	99		of recipients of community services , has not been verified as true
50	100		and is for informational purposes only ;
51		-
52	101		2. “Area of concern” means an issue that does not rise to the
53	102		level of abuse or neglect but may constitute a possible deficiency,
54	103		irregularity or deviation from policies and best practices by the
55	104		community services provi der which has the potential to impact the
56	105		health, safety or welfare of recipients of community-based services,
57	106		and the Department of Human Services has conducted sufficient
58	107		inquiry into the issue to meet the probable cause investigative
59	108		standard;
60		-
61	109		3. “Bureau” means the Oklahoma State Bureau of Investigation;
62		-
63	110		2. 4. “Community services provider ” means a community-based
64	111		program, corporation, or individual who contracts with, or is
65	112		licensed or funded by, the Department of Human Services to provide
66	113		residential or vocational services to persons who are elderly or
67	114		persons with intellectual or developmental disabilities, or
68	115		contracts with the Oklahoma Health Care Authority to provide
69	116		services to individuals with intellectual disabilities through a
70	117		Home and Community-Based Waiver, except a private ICF/IID;
71		-
72	118		3. 5. “Community services worker ” means any person employed by
73	119		or under contract with a community services provider who provides,
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74	147		for compensation or as a volunteer, health -related services,
75	148		training, or supportiv e assistance to persons who are elderly or
76	149		persons with developmental disabilities, and who is not a licensed
77	150		health professional or any person who contracts with the Oklahoma
78	151		Health Care Authority to provide specialized foster care,
79	152		habilitation training specialist services, or homemaker services to
80	153		persons with developmental disabilities;
81		-
82	154		4. 6. “Department” means the Department of Human Services;
83		-
84	155		5. 7. “Developmental disability ” means a severe, chronic
85	156		disability of a person which:
86		-
87	157		a. is attributable to a mental or physical impairment or
88	158		combination of mental and physical impairments, such
89	159		as an intellectual development disorder, cerebral
90	160		palsy, or autism,
91		-
92		-	ENR. S. B. NO. 433 Page 3
93		-
94	161		b. is manifested before the person attains twenty -two
95	162		(22) years of age,
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97	163		c. is likely to continue i ndefinitely,
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99	164		d. results in substantial functional limitations in three
100	165		or more of the following areas of major life activity:
101		-
102	166		(1) self-care,
103		-
104	167		(2) receptive and expressive language,
105		-
106	168		(3) learning,
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108	169		(4) mobility,
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110	170		(5) self-direction,
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112	198		(6) capacity for independent living, and
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114	199		(7) economic self-sufficiency, and
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116	200		e. reflects the person’s need for a combination and
117	201		sequence of special, interdisciplinary, or generic
118	202		care, treatment, or other services which are of
119	203		lifelong or extended duration and are individually
120	204		planned and coordinated;
121		-
122	205		6. 8. “Health-related services” means those services provided
123	206		by community services providers or community services workers to
124	207		persons who are elderly or persons with developmental disabilities
125	208		that include, but are not limited to, pers onal hygiene,
126	209		transferring, range of motion, supervision or assistance in
127	210		activities of daily living, basic nursing care such as taking
128	211		temperature, pulse or respiration, positioning, incontinent care,
129	212		and identification of signs and symptoms of disease. Certain tasks
130	213		that may be performed as basic nursing care by community services
131	214		workers require appropriate training provided or approved by the
132	215		Department, written agreement by the service recipient ’s personal
133	216		support team, and the primary care physician ’s acknowledgement and
134		-
135		-	ENR. S. B. NO. 433 Page 4
136	217		specific order related to the task. Under such circumstances, basic
137	218		nursing care may include, but need not be limited to:
138		-
139	219		a. nutrition, including meals by gastrostomy tube or
140	220		jejeunostomy tube,
141		-
142	221		b. blood glucose monitoring,
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144	249		c. ostomy bag care,
145		-
146	250		d. oral suctioning, and
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148	251		e. administration of oral metered dose inhalers and
149	252		nebulizers;
150		-
151	253		7. 9. “Supportive assistance ” means the service rendered to
152	254		persons with developmental disabilities which is sufficient to
153	255		enable such person to meet an adeq uate level of daily living.
154	256		Supportive assistance includes, but is not limited to, training,
155	257		supervision, assistance in housekeeping, assistance in the
156	258		preparation of meals, and assistance in activities of daily living
157	259		as necessary for the health and comf ort of persons with
158	260		developmental disabilities;
159		-
160	261		8. 10. “Maltreatment” means abuse, verbal abuse, sexual abuse,
161	262		neglect, financial neglect, exploitation or sexual exploitation of
162	263		vulnerable adults as defined in Section 10 -103 of Title 43A of the
163	264		Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
164	265		exploitation of children as defined in Section 1 -1-105 of Title 10A
165	266		of the Oklahoma Statutes;
166		-
167	267		9. 11. “Personal care” means a level of assistance provided in
168	268		the home of an individual to meet the individual ’s activities of
169	269		daily living needs such as bathing, grooming, meal preparation,
170	270		light housekeeping, laundry, and care plan -directed errands;
171		-
172	271		10. 12. “Medicaid personal care services provider ” means a
173	272		program, corporation or individual who provides servic es under the
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174	300		state Medicaid program personal care program or ADvantage Waiver to
175	301		individuals who are elderly or who have a physical disability;
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179	302		11. 13. “Medicaid personal care assistant ” means a person who
180	303		provides Medicaid services funded under the state Medicaid program
181	304		personal care program, who is not a certified nurse aide or a
182	305		licensed professional;
183		-
184	306		12. 14. “Specialized foster care ” means the home- and
185	307		community-based service as defined in the 1915(c) waiver approved by
186	308		the Centers for Medicare and Medicaid Services;
187		-
188	309		13. 15. “Habilitation training specialist services ” means the
189	310		home- and community-based service as defined in the 1915(c) waiver
190	311		approved by the Centers for Medicare and Medicaid Services; and
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192	312		14. 16. “Homemaker services” means the home- and community-
193	313		based service as defined in the 1915(c) waiver approved by the
194	314		Centers for Medicare and Medicaid Services.
195		-
196	315		SECTION 2. AMENDATORY 56 O.S. 2011, Section 1025.3, is
197	316		amended to read as follows:
198		-
199	317		Section 1025.3. A. The Commission for Director of the
200	318		Department of Human Services shall promulgate rules to establish and
201	319		maintain a community services worker registry. Such rules may
202	320		include, but need not be limited to:
203		-
204	321		1. A procedure for notation in such registry of a fin al
205	322		Department of Human Services investigative finding or a finding by
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206	350		an Administrative Law Judge of maltreatment of an individual by a
207	351		community services worker or a Medicaid personal care assistant;
208		-
209	352		2. A procedure for notice and due process for a commun ity
210	353		services worker, or a Medicaid personal care assistant, or applicant
211	354		before the entering of such person ’s name in the registry as having
212	355		a final Department of Human Services investigative finding or
213	356		Administrative Law Judge finding of maltreatment of a n individual;
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215	357		3. Disclosure requirements for information in the registry; and
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217	358		4. Procedures for granting a waiver of the provisions of
218	359		paragraph 1 of subsection F of Section 1025.2 of this title by the
219	360		Director of Human Services.
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223	361		B. The community servic es worker registry shall include, but
224	362		not be limited to, the following information on each community
225	363		services worker and each Medicaid personal care assistant:
226		-
227	364		1. The individual’s full name;
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229	365		2. Information necessary to identify each individual;
230		-
231	366		3. The date the individual’s name was placed in the registry;
232	367		and
233		-
234	368		4. Information on any final Department of Human Services
235	369		investigative finding or Administrative Law Judge finding of
236	370		maltreatment concerning the worker.
237		-
238	371		C. A community services worker, a Medicaid personal care
239	372		assistant, or applicant who is adversely affected by an
240	373		Administrative Law Judge finding of maltreatment of an individual
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241	401		may seek judicial review pursuant to Article II of the
242	402		Administrative Procedures Act. The finding of the Administrativ e
243	403		Law Judge may be appealed to the district court of the county in
244	404		which the community services worker, Medicaid personal care
245	405		assistant, or applicant resides within thirty (30) days of the date
246	406		of the decision. A copy of the petition shall be served by m ail
247	407		upon the general counsel of the Department of Human Services .
248		-
249	408		D. An investigation conducted under Section 1025.1 et seq. of
250	409		this title shall include a process for notifying a community
251	410		services provider of areas of concern and administrative
252	411		information. An area of concern or administrative information shall
253	412		not be considered final investigative findings, nor shall the area
254	413		of concern or administrative information be included in a final
255	414		investigative report of the Department of Human Services. The
256	415		Department shall develop a procedure by which a community services
257	416		provider may request an investigative status update within ten (10)
258	417		calendar days of the initiation of an investigation conducted under
259	418		Section 1025.1 et seq. of this title .
260		-
261	419		SECTION 3. This act shall become effective November 1, 2021.
262	420
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265		-	Passed the Senate the 11th day of February, 2021.
266		-
267		-
268		-
269		-	Presiding Officer of the Senate
270		-
271		-
272		-	Passed the House of Representatives the 13th day of April, 2021.
273		-
274		-
275		-
276		-	Presiding Officer of the House
277		-	of Representatives
278		-
279		-	OFFICE OF THE GOVERNOR
280		-	Received by the Office of the Governor this _______ _____________
281		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
282		-	By: _______________________________ __
283		-	Approved by the Governor of the State of Oklahoma this _____ ____
284		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
285		-
286		-	_________________________________
287		-	Governor of the State of Oklahoma
288		-
289		-
290		-	OFFICE OF THE SECRETARY OF STATE
291		-	Received by the Office of the Secretary of State this _______ ___
292		-	day of __________________, 20 _______, at _______ o'clock _______ M.
293		-	By: _______________________________ __
	421	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	422	+	SERVICES, dated 03/30/2021 - DO PASS.