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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3844 By: Pittman
AS INTRODUCED
An Act relating to respite care for advantage waiver
program; amending 56 O.S. 2021, Section 1017.2, which
relates to legislative findin gs in the Oklahoma
Choices for Long-Term Care Act; clarifying certain
respite care lengths; a nd providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Se ction 1017.2, is
amended to read as follows:
Section 1017.2 The Legislature finds that:
1. Oklahoma has a successful home - and community-based services
program known as the ADvantage Waiver Program for the frail, elderly
and adults with physical disabili ties age twenty-one (21) and over
who do not have an intellectual disability nor a cognitive
impairment. The ADvantage Waiver Program provides the following
services: case management, trans itional case management, personal
care, advanced supportive/resto rative, skilled nursing - home health
setting, RN assessment evaluation, occupational therapy, physical
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therapy, respiratory therapy, speech/language therapy, adult day
health, personal care in adult day health, therapy in adult day
health, home-delivered meals, NF not less than thirty (30) and up to
sixty (60) days of nursing facility extended respite, in-home
respite, in-home extended respite, environmental modifications,
hospice, consumer-directed personal care assistant servi ces and
supports, assisted living, and specialized medical equipment and
supplies;
2. Many Oklahomans who could safely stay at home with cost-
effective home- and community-based services go into nursing
facilities the day assistance is needed because their eligibility
for nursing facility supports is "presumed" by the nursing facility,
while eligibility for home and community s upports can take weeks or
months. If their circumstances are such that they need immediate or
urgent care, they lose their choice to live and receive their
services at home. Once they are in a nursing facility, they may
lose their home or the supports th ey need to stay at home; and
3. The cost of serving Oklahomans who are in nursing facilities
when they could be living and receivi ng services at home is
significantly higher than the cost of serving them with home - and
community-based services.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9648 TJ 01/18/24