Req. No. 92 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 470 By: Bergstrom
AS INTRODUCED
An Act relating to persons with disabilities;
creating the “Independence and Opport unity for
Persons with Disabilities Pilot Program A ct”;
providing short title; directin g creation of and
describing pilot program; providing for application
and selection process; stating selection criter ia;
allowing Oklahoma Health Care Authority and
Department of Human Services to share certain
information; describing application and selection
process; requiring certain informed conse nt; stating
application criteria; requiring submission and
approval of certain add endum; providing certain
transfer process; requiring certain assessment and
approval for services; requiring certain continuity
of services and funding; specifying applicability of
certain process; requiring compliance with certain
laws and rules; providin g for licensure; providing
for completion of facility conversion; authorizing
certain conversion under certain conditions;
requiring certain program evaluation; stating
criteria of evaluation; directing Authority to seek
certain federal approval ; directing promulgation of
rules; 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 S ection 1431 of Title 10, unless there
is created a duplication in numbering, reads as fol lows:
Req. No. 92 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. This section shall be known and may be cited as the
“Independence and Opportunity for Persons with Disabilities Pilot
Program Act”.
B. There is hereby creat ed the Independence and Opportunity fo r
Persons with Disabilities Pilot Program. Under the pilot program,
fifteen intermediate care facilit ies for individuals with
intellectual disabilities with twelve or fewer beds (ICF s/IID-12),
shall be selected by the Oklahoma Health Care Authority a nd the
Department of Human Services to convert to group homes for persons
with developmental or physical disabilities.
C. The Authority and the Department shall create an application
and selection process for the pilot program that ensures the
compliance of the selected facilities with applicable federal and
state laws and rules. For the Department, the selection criteria
and process shall, at a minimum, consist of a ll applicable licensing
or contracting requirements of group homes, and requirements relat ed
to minimum standards as provided in Section 1430.11 o f Title 10 of
the Oklahoma Statutes and rules promulgated pursuant thereto . In
selecting the pilot program participants, the Authority and the
Department shall compare services offered by each applic ant and
consider the desires, capabilities and needs of residents based on
all available information including, but not limited to, the
individual habilitation plan of each resident . The Authority and
the Department may share information as necessary in a ccordance with
Req. No. 92 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
applicable federal and state laws and rul es to carry out the
provisions of this section. The Authority and the Department shall
begin accepting applications ninety (90) calendar days , after the
Authority receives federal approval for the pi lot program, and the
application period shall close nine ty (90) calendar days thereafter.
Not more than ninety (90) calendar days after the end of the
application period, the Authority and the Department shall select
the fifteen most qualified applic ants to participate in the pilot
program.
D. The Authority shall create and publish on the Authority ’s
website a consent form that must be signed by each resident or, if
the resident is incap acitated, the guardian of the resident of an
applying ICF/IID-12, who intends to continue to reside in the
facility if it is selected for the pilot program . The form shall
signify the informed consent of the resident or guardian to the
facility conversion and the understanding of the resident or
guardian that the facility conversion will not take effect unless
and until the facility is selected for the pilot program . In its
application submission, the ICF/IID-12 shall:
1. Include a copy of the signed consent form of each resident
who intends to reside in the group h ome;
2. Identify any current residents :
a. who did not, or if incapacitated whose guardian did
not, consent to the facility conversion, or
Req. No. 92 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. who may need to remain in intermediate care facility -
level care. The Developmental Disability Services
Division of the Department of Human Services (DDS D)
shall make the final determination for the appropriate
level of care;
3. Include a plan to transfer to another intermediate care
facility for individuals with intellectual disab ilities (ICF/IID)
each resident who did not, or if incapacitated whose guardian did
not, consent to the facility conversion, or who the applying
facility identifies as possibly needing to remain in intermediate
care facility-level care; and
4. Provide any additional information or document ation required
by the Authority or the Department .
E. Upon selection of the fifteen pilot program participants,
the Department shall notify each selected facility of which, if any,
of the facility’s residents have been determined by DDSD as needing
to remain in intermediate care facility-level care. If any of the
residents identified by DDSD were not previously identified by the
facility in the application submission, the facility shall, not more
than fourteen (14) calendar days after receipt of the notification,
submit to the Authority and the Dep artment an addendum to the
facility’s application submission of a plan to transfer each such
resident. The Authority and the Department must approve the
addendum before the facility may execute the transfer . All
Req. No. 92 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
transfers of residents shall occur in a ti me period to be determined
by the Authority and the Department. For any current resident as of
the date of the application submission who did not, or if
incapacitated whose guardian did not, consent to the facility
conversion or who DDSD determines should remain in interme diate care
facility-level care, the facility may fill the spot with another
prospective resident that the facility reasonably believes will be
determined by DDSD to meet the criteria of a group home setting.
The prospective resident must be assessed by DDSD and approved for
the group home setting in the same manner as all other residents
prior to the completion of the facility conversion .
F. Prior to the completion of the facility conversion, all
residents of the ICF/IID-12 who are SoonerCare members shal l be
assessed and approved for appropriate services through the
Developmental Disability Services Division of the Department of
Human Services (DDSD). No later than the date of completio n of the
facility conversion, DDSD shall begin providing appropriate services
to SoonerCare members. The Authority and the Department shall
ensure there is no interruption in appropriate services for each
SoonerCare member and no interruption in appropria te funding for the
facility. The Authority and the Department shall coordinate with
the Centers for Medicare and Medicaid Services to ensure , to the
extent practicable, there is no interruption in appropriate services
for SoonerCare members who also recei ve services through Medicare
Req. No. 92 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and no interruption in appropriate fundi ng for the facility. The
process outlined in this subsection shall only apply to current
residents of the ICF/IID -12 and prospective residents as provide d in
subsection E of this section. All future residents of the group
home shall be subject to the sta ndard DDSD approval process.
G. Once the facility conversion is complete , the group home
shall comply with all applicable state and federal laws and rule s
including, but not limited to, the Group Homes for Persons with
Developmental or Physical Disabiliti es Act and shall be subject to
all provisions of the act. The Department shall grant a group home
license to each facility selected for the pilot progr am in
accordance with the Group Hom es for Persons with Developmental or
Physical Disabilities Act and shall enter into a contract with each
group home. The facility conversion shall be considered complete
when:
1. All necessary or authorized transfers h ave been executed;
2. All residents of each selected facility have been assessed
and approved for approp riate services as provided in subsection F of
this section;
3. The Department certifies that the facility is in compliance
with all applicable federal and state laws and rules governing group
homes; and
4. The Department has granted a license to the grou p home and
has entered into a contract with the group home .
Req. No. 92 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. A facility selected for the pilot program may , with the
approval of the Authority and t he Department, convert back to an
ICF/IID-12. However, the ICF/IID-12 shall not be permitted to
convert to a group home more than once. In the event the pilot
program is not expanded into an unrestricted program or is
considered unsuccessful, the group home shall not be required to
convert back to an ICF/IID.
I. One year following implementation of the pil ot program, the
Department shall evaluate the effectiveness of the pilot program and
submit a report to the President Pro Tempore of the Senate, the
Speaker of the House of Representativ es and the Governor. Criteria
for the evaluation shall include, but n ot be limited to:
1. A questionnaire created by the Department to be administered
by the facility before and after the conversion to each resident or,
if applicable, guardian of the resident, gauging the following
criteria: perceived independ ence, vocational opportunity, and
feelings of inclusion;
2. A scaled numerical rating by residents, guardians and staff
on whether the facility conversion has increased the res ident’s
ability to function autonomo usly and independently;
3. A fiscal analysis of the pilot program including whether
cost savings were achieved; and
4. A survey created by the Department to be administered to
residents and guardians of residents, gauging the following criteria
Req. No. 92 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
regarding services received relative to services received before the
facility conversion and services that the resident or guardian of
the resident expected to receive after the facility conversion :
a. vocational services,
b. physical therapy,
c. occupational therapy,
d. speech and communication,
e. nutritional services,
f. psychological services,
g. family counseling,
h. habilitation training services, and
i. case management services.
J. The Authority shall seek any federal approval necessary to
implement the provisions of this section. The Oklahoma Health Care
Authority Board and the Director of the Department of Human Services
shall promulgate such rules as are necessary to implement the
provisions of this section.
SECTION 2. This act shall be come effective November 1, 2021.
58-1-92 DC 1/19/2021 1:39:21 PM