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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3238 By: Lawson of the House
and
Garvin of the Senate
AS INTRODUCED
An Act relating to poor persons; defining terms;
designating the Oklahoma Health Care Authority as the
state administering agency for P ACE program
agreements; authorizing the Authority to enter into
PACE program agreements ; requiring enforcement of
certain federal laws and regulations; authorizing the
Authority to enter into certain agreements with the
State Department of Health; directing the Department
to create and issue certain license; stating minimum
licensure requirements; directing monitoring of PACE
organizations; prohibiting certain regulation;
authorizing certain action for nonc ompliance;
directing promulgation of rules; amending 63 O.S.
2021, Section 1-872, which relates to the Adult Day
Care Act; modifying definition; amending 63 O.S.
2021, Section 1-1961, which relates to the Home Care
Act; modifying definition; updating statutory
language; 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 Section 1017.7 of Title 56, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section :
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1. “PACE” shall mean the program of all-inclusive care for the
elderly; and
2. The terms “PACE program agreement”, “PACE organization”, and
“state administering agency” shall have the same meaning as provided
by 42 C.F.R., Section 460.6.
B. 1. The Oklahoma Health Care Authority shall serve as the
state administering agency responsible for administering PACE
program agreements under 42 C.F.R., Part 460, Subpart C. The
Authority may enter into PACE program agreements with PACE
organizations and the Centers for Medicare and M edicaid Services.
2. The Authority shall enforce applicable federal laws and
regulations governing PACE organizations, including, but not limited
to, regulations of the Centers for Medicare and M edicaid Services
codified at 42 C.F.R. , Part 460. The Authority may enter into an
agreement with the State Depart ment of Health to carry out any
duties or functions of the state administering agenc y under 42
C.F.R., Part 460 or other applicable federal laws or regulations.
C. 1. The State Department of H ealth shall create and issue to
qualifying applicants a license for PACE organizations. Qualifying
PACE organizations shall at a minimum meet all requirements of 42
C.F.R., Part 460, Subpart B.
2. The Department shall perform onsite visits and other
necessary monitoring of PACE organizations under 42 C.F.R., Part
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460, Subpart K and as provided by the agreement with the Authority
described in paragraph 2 of subsection B of this section.
3. The Department shall not license or regulate PACE
organizations under the Home Care Act, the Adult Day Care Act, or
any other act that governs a different type of facility or provider.
4. The Department may, in cooperation with the Centers for
Medicare and Medicaid Services and as provided by the agreement with
the Authority described in paragraph 2 of subsection B of this
section, take action against noncompliant PACE organizations under
42 C.F.R., Part 460, Subpart D.
D. The Oklahoma Health Care Authority Board and the State
Commissioner of Health shall promulgate rules to imple ment this
section.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-872, is
amended to read as follows:
Section 1-872. As used in the Adult Day Care Act:
1. “Adult day care center ” or “center” means a facility which
provides basic day care services to unrelated impaired adults for
more than four (4) hours in a twenty-four-hour period. A center
shall be a distinct entity, either freestanding or a separate
program of a larger organization. A center shal l have a separately
verifiable staff, space, budge t and participant record system . The
terms “adult day care center” or "center" shall not include
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retirement centers and, senior citizen centers, or PACE
organizations as defined by 42 C.F.R. , Section 460.6;
2. “Basic day care services ” means supervised hea lth, social
supportive, and recreational services in a st ructured daytime
program which serves functionally impaired adults who continue to
live in their own homes, usually with the aid of family care givers;
3. “Department” means the State Department of Health; and
4. “Participant” means any person attending an adult day care
center.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-1961, is
amended to read as follows:
Section 1-1961. As used in the Home Care Act:
1. “Board” means the State Board of Health;
2. “Certification” means verification of appropriate training
and competence established by the Sta te Commissioner of Health by
rules promulgated pursuan t to the Home Care Act for home health
aides and home care agency administ rators;
3. “Department” means the State Department of He alth;
4. “Healthcare provider” means a physician, physician assistant
or Advanced Practice Registered Nurse recognized by th e Oklahoma
Board of Nursing as a Certified Nurse Practitioner or a Clinica l
Nurse Specialist;
5. “Home care agency” means any sole proprietorship,
partnership, association, corporation or other organiz ation which
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administers, offers or provides home care services, for a fee or
pursuant to a contract for such services, to client s in their place
of residence. The term "home care agency" shall not include:
a. individuals who contract with the Department o f Human
Services to provide personal care services, pr ovided
such individuals shall not be exempt from
certification as home health aides,
b. organizations that contract wit h the Oklahoma Health
Care Authority as Intermediary Services Organizations
(ISO) to provide federal Internal Revenue Service
fiscal and supportive services to Consumer -Directed
Personal Assistance Supports and Services (CD -PASS)
waiver program participant s who have employer
responsibility for hiring, training, directing and
managing an individual personal care attendant, or
c. CD-PASS waiver program employer participants , or
d. PACE organizations as defined by 42 C.F.R. , Section
460.6;
6. “Home care services” means skilled or personal care services
provided to clients in their pl ace of residence for a fee;
7. “Home health aide” means an individual who provides personal
care to clients in their temporary or permanent place of r esidence
for a fee;
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8. “Home care agency administrator” means a person who
operates, manages, or supervi ses, or is in charge of a home care
agency;
9. “Personal care” means assistance with dressing, bathing,
ambulation, exercise or other personal needs;
10. “Skilled care” means home care services performed on a
regular basis by a trained Respiratory Therap ist/Technician or by a
person currently licensed by this state including but not limited to
a Licensed Practical Nurse , Registered Nurse, Physical Ther apist,
Occupational Therapist , Speech Therapist, or Social Worker;
11. “Standby assistance” means supervision of client directed
activities with verbal prompting and infrequent, incidental hands -on
intervention only; and
12. “Supportive home assistant ” means an individual employed b y
a home care agency who provides standby assistance to ambulatory
clients, in conjunction with other companionship or homemaker
services, in the temporary or permanent place of residence of the
client for a fee.
SECTION 4. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 02/28/2024 - DO PASS, As Coauthored.