Oklahoma 2024 Regular Session

Oklahoma House Bill HB2075 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2075 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-	HOUSE BILL 2075 By: Caldwell (Chad) of the
36		-	House
	32	+	HOUSE BILL 2075 By: Caldwell (Chad)
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38		-	and
39		-
40		-	Rader of the Senate
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45	38		AS INTRODUCED
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47	40		An Act relating to long-term care; amending 63 O.S.
48	41		2021, Section 1-1962, as last amended by Section 1,
49	42		Chapter 125, O.S.L. 2021, which relates to home care
50	43		agency license; removing provisions relating to
51	44		supportive home assistant ; modifying statutory
52	45		references; modifying applicability of Home Care Act;
53	46		requiring home care agency to develop written
54	47		training plan for certain indivi duals; listing
55	48		required inclusions of training plan; and providing
56	49		an effective date.
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61	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	57		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1962, as
63	58		last amended by Sectio n 1, Chapter 125, O.S.L . 2021, is amended to
64	59		read as follows:
65	60		Section 1-1962. A. No home care agency as that term is defined
66	61		by the Home Care Act shall operate without first obtai ning a license
67	62		as required by the Home Care Act.
	63	+	B. 1. No home care agenc y, except as otherwise provided by
	64	+	this subsection, shall place an individual in the role of supportiv e
	65	+	home assistant with a client on a full -time, temporary, per diem, or
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69		-	HB2075 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	67	+	Req. No. 7060 Page 2 1
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95		-	B. 1. No home care agenc y, except as otherwise provided by
96		-	this subsection, shall place an individual in the role of supportiv e
97		-	home assistant with a client on a full -time, temporary, per diem, or
98	92		other basis, unless the individual has completed agency -based
99	93		supportive home assis tant training taught by a registered nurse in
100	94		the sections applicable to the assistance required by th e client.
101	95		Each supportive home assistant w ho successfully completes agency -
102	96		based training shall demonstrate competence by testin g through an
103	97		independent entity approved by the State Department of Health. The
104	98		requirements related to application, approval, renewal, and denial
105	99		of such testing entiti es shall be set forth in administrat ive rules
106	100		promulgated by the State Commissioner of Health.
107	101		2. The home care agency shall develop a written training plan
108	102		that shall include, at a minimum, the following:
109	103		a. observation, reporting, and documentation of c lient
110	104		status and the standby assista nce or other services
111	105		furnished,
112	106		b. maintenance of a clean, safe, and healt hy environment,
113	107		c. recognizing an emergency and necessary emerg ency
114	108		procedures,
115	109		d. safe techniques to provide standby assistance with
116	110		bathing, grooming, and toileting,
117	111		e. assistance with meal preparation and safe food
118	112		handling and storage,
	113	+	f. client rights and responsibilities and the need for
	114	+	respect for the client a nd for the privacy and
	115	+	property of the client, and
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120		-	HB2075 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendments. 1
	117	+	Req. No. 7060 Page 3 1
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146		-	f. client rights and responsibilities and the need for
147		-	respect for the client a nd for the privacy and
148		-	property of the client, and
149	142		g. basic infection control prac tices to include, at a
150	143		minimum, instruction in acceptable hand hygiene
151	144		techniques and the application of standa rd
152	145		precautions.
153	146		3. Supervisory visits shall be made according to the client
154	147		need, as determined by th e nursing supervisor, but no less than once
155	148		every six (6) months.
156	149		4. No supportive home assistant shall provide services to a
157	150		client until a criminal his tory background check and a check of the
158	151		nurse aide registry ma intained by the State Department of Hea lth is
159	152		performed in accordance with Section 1-1950.1 of this title and the
160	153		assistant is found to have no notations of abuse of an y kind on the
161	154		registry and no convictions of the crimes listed in subsection F of
162	155		Section 1-1950.1 of this title.
163	156		5. No home care agency may employ a supportive home ass istant
164	157		listed on the Department of H uman Services Community Services Worker
165	158		Registry.
166	159		6. No licensed health ca re facility, licensed physician,
167	160		advanced practice registered n urse, physician assistant, or state
168	161		agency employee acting in the performance of h is or her duties shall
169	162		refer a client for personal care services as defined in paragraph 8
	163	+	of Section 1-1961 of this title or for companion or sitter services
	164	+	as defined in paragraph 1 of subsection A of Section 1 -1972 of this
	165	+	title, except to an agency li censed to provide such services. Fo r
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171		-	HB2075 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
	167	+	Req. No. 7060 Page 4 1
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197		-	of Section 1-1961 of this title or for companion or sitter services
198		-	as defined in paragraph 1 of subsection A of Section 1 -1972 of this
199		-	title, except to an agency li censed to provide such serv ices. For
200	192		purposes of this subsection, "licensed health care facility" shall
201	193		include acute care hospitals, long-term acute care hospitals,
202	194		rehabilitation hospitals, skilled nursing faci lities, assisted
203	195		living facilities, residen tial care homes, home care agencies, adult
204	196		day care centers and hospice agencies.
205	197		C. 1. No employer or contra ctor, except as otherwise provided
206	198		by this subsection, shall em ploy or contract with any individual as
207	199		a home health aide for more than four (4) months, on a full-time,
208	200		temporary, per diem or other basis, unless the individual is a
209	201		licensed health professi onal or unless the individual has satisfied
210	202		the requirements for certification and placement on the ho me health
211	203		aide registry maintained by the S tate Department of Health.
212	204		2. a. Any person in the employment of a home care agency as
213	205		a home health aide on Ju ne 30, 1992, with continuous
214	206		employment through June 30, 1993, shall be granted
215	207		home health aide certi fication by the Department on
216	208		July 1, 1993. The home care agency shall maintai n
217	209		responsibility for assurance of specific compete ncies
218	210		of the home health aide and shall only assign the home
219	211		health aide to tasks for wh ich the aide has been
220	212		determined to be competent.
	213	+	b. Any home health aide employed between the dates of
	214	+	July 1, 1992, and June 30, 1993, shall be eligible for
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222		-	HB2075 HFLR Page 5
223		-	BOLD FACE denotes Committee Amendments. 1
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248		-	b. Any home health aide employed between the dates of
249		-	July 1, 1992, and June 30, 1993, shall be eligible for
250	241		certification by passing a compete ncy evaluation and
251	242		testing as required by the Department.
252	243		c. Any home health aide employed on and afte r July 1,
253	244		1996, shall complete any specified training,
254	245		competency evaluation an d testing required by the
255	246		Department. The home care agency shall develop a
256	247		written training plan for the individual that shall
257	248		include, at a minimum, t he following:
258	249		(1) observation, reporting, and documentation of
259	250		client status and assistance or other serv ices
260	251		furnished,
261	252		(2) maintenance of a clean, safe, and healthy
262	253		environment,
263	254		(3) recognizing an emergency and necessary emergency
264	255		procedures,
265	256		(4) safe techniques to provide assi stance with
266	257		bathing, grooming, and toileting,
267	258		(5) assistance with meal preparatio n and safe food
268	259		handling and storage,
269	260		(6) client rights and responsibilit ies and the need
270	261		for respect for the client and for the privacy
271	262		and property of the client, and
	263	+	(7) basic infection control practices to include, at
	264	+	a minimum, instruction in acceptab le hand hygiene
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273		-	HB2075 HFLR Page 6
274		-	BOLD FACE denotes Committee Amendments. 1
	266	+	Req. No. 7060 Page 6 1
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299		-	(7) basic infection control practices to include, at
300		-	a minimum, instruction i n acceptable hand hygiene
301	291		techniques and the ap plication of standard
302	292		precautions.
303	293		D. The provisions of the Home Ca re Act shall not apply to:
304	294		1. A person acting alone who provides s ervices in the home of a
305	295		relative, neighbor or friend;
306	296		2. A person who provides m aid services only;
307	297		3. A nurse service or home aide service conducted by and for
308	298		the adherents to any relig ious denomination, the tenets of which
309	299		include reliance on spiritua l means through prayer alone for
310	300		healing;
311	301		4. A person providing hospice services pursuant to the Oklahoma
312	302		Hospice Licensing Act;
313	303		5. A nurse-midwife;
314	304		6. An individual, agency, or organiza tion that contracts wit h
315	305		the Oklahoma Health Care Authority to prov ide services under the
316	306		Home- and Community-Based Waiver for persons with developme ntal
317	307		disabilities or that contracts with the Department of Human Services
318	308		to provide community services to persons with developmen tal
319	309		disabilities; provided, that staff membe rs and individuals providing
320	310		the services shall receive a level of training, appro ved by the
321	311		Department of Human Servi ces, which meets or exceeds the level
322	312		required pursuant to the Home Car e Act. An individual, agency or
	313	+	organization otherwise covered und er the Home Care Act shall be
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324		-	HB2075 HFLR Page 7
325		-	BOLD FACE denotes Committee Amendments. 1
	315	+	Req. No. 7060 Page 7 1
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350		-	organization otherwise covered und er the Home Care Act shall be
351	340		exempt from the act only for those paraprofessional direct care
352	341		services provided under contracts referenced in this paragraph;
353	342		7. An individual, agency or or ganization that provide s or
354	343		supports the provision of personal care services to an individual
355	344		who performs individual employer responsibilities of hi ring,
356	345		training, directing and managi ng a personal care attendant as part
357	346		of the Oklahoma Health Care Author ity Consumer-Directed Personal
358	347		Assistance Supports and Services (CD -PASS) waiver program. An
359	348		individual, agency or organization otherwise covered un der the
360	349		provisions of the Home Care Act shall be exempt from the act only
361	350		for those paraprofessional direct care services provided under
362	351		Oklahoma Health Care Authority contra cts referenced in this
363	352		paragraph, but shall not be exempt from the criminal history
364	353		background check required under th e Home Care Act and Section 1 -
365	354		1950.1 of this title for other paraprofes sional direct care serv ice
366	355		providers. A personal care attendant hi red by a consumer under the
367	356		CD-PASS program shall be exempt from certification as a home health
368	357		aide, provided such pe rsonal care attendant receives the train ing
369	358		required and approved by th e Department of Human S ervices;
370	359		8. An individual who only provides Medicaid home- and
371	360		community-based personal care services pursuant to a contract with
372	361		the Oklahoma Health Care Author ity;
373	362		9. An individual who:
374	363
375		-	HB2075 HFLR Page 8
376		-	BOLD FACE denotes Committee Amendments. 1
	364	+	Req. No. 7060 Page 8 1
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401	389		a. is employed by a licensed home care agency exclusively
402	390		to provide personal ca re services in the home,
403	391		b. has no convictions pursuant to a criminal history
404	392		investigation as provide d in Section 1-1950.1 of this
405	393		title,
406	394		c. is being continuously trained by a re gistered nurse to
407	395		provide care that is specific to the needs of the
408	396		particular client receiving the ca re, and
409	397		d. is supervised by a registered nurse via an on-site
410	398		visit at least once each month every six (6) months or
411	399		sooner if the client e xperiences a significant change
412	400		in health condition including but not limited to a
413	401		surgery or a hospital stay ;
414	402		10. A home or facility approved and annually reviewed by the
415	403		United States Department of Veterans Affairs as a medical foster
416	404		home in which care is provided exclusively to three or fewer
417	405		veterans; or
418	406		11. A person qualified by the Department as a certified nurse
419	407		aide pursuant to the provisions of Section 1-1951 of this title.
420	408		SECTION 2. This act shall become effective November 1, 202 3.
421	409
422		-	COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
423		-	CARE, dated 02/28/2023 - DO PASS, As Coauthored.
	410	+	59-1-7060 CMA 12/21/22