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ENGROSSED SENATE
BILL NO. 1419 By: Gollihare of the Senate
and
Boatman of the House
[ state Medicaid program - program - standards -
reimbursement - rules - application - Home Care Act –
codification - effective date -
emergency ]
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 5013.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Family member” means a child, parent, parent -in-law,
sibling, grandparent, grandchild, spouse, or any other individual
related by blood, and any other individual with a close association
that is the equivalent of a family relationship; and
2. “Home care agency” and “skilled care” have the same meanings
as provided by Section 1 -1961 of Title 63 of the Oklahoma Statutes.
B. Not later than one year after the effective date of this act
and subject to receipt of federal approval fo r the program, the
Oklahoma Health Care Authority shall establish a program under which
a family member of a Medicaid enrollee may be recognized as a family
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caregiver and, after receiving such recognition, may, under the
direction and supervis ion of a Registered Nurse, provide services to
the enrollee through a licensed home care agency under the
reimbursement rates established under subsection F of this section,
provided that the enrollee qualifies for such services under the
state Medicaid program.
C. 1. The program established under this section shall require
the family caregiver to fulfill such requirements or meet such
qualifications as may be prescribed by the Oklahoma Health Care
Authority Board. Such requirements shall include, but no t be
limited to, completion of a criminal history background check.
2. The Board may prescribe standards for training, competency
evaluation, and such other requirements or qualification criteria as
the Board deems necessary and appropriate.
D. The Board shall establ ish scope of practice standards and
restrictions for services that a recognized family caregiver may
provide to a Medicaid enrollee. The scope of practice may include
necessary and appropriate skilled care tasks. In establishing such
standards and restrictions, the Board shall consider the advice of
the State Department of Health.
E. It shall be the duty of the home care agency to ensure that
a recognized family caregiver meets the qualifications and
requirements prescribed by this section and rules prom ulgated by the
Board.
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F. Reimbursable services provided by a recognized family
caregiver under the program established under this section shall be
reimbursed to a home care agency at a rate established by the
Authority.
G. 1. The Board shal l promulgate rules as necessary to
implement this section.
2. The Administrator of the Authority shall apply for such
state plan amendments or waivers as may be necessary to implement
this section and to secure federal financial participation for state
Medicaid expenditures under the federal Medicaid program.
SECTION 2. 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 State Commissioner of Health by
rules promulgated pursuant to the Home Care Act for home health
aides and home care agency administrators;
3. “Department” means the State Department of Health;
4. “Healthcare “Health care provider” means a physician,
physician assistant or Advanced Practice Registered Nurse recognized
by the Oklahoma Board of Nursing as a Certified Nurse Practitioner
or a Clinical Nurse Specia list;
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5. “Home care agency” means any sole proprietorship,
partnership, association, corporation or other organization which
administers, offers or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence. The term “home care agency” home care agency shall
not include:
a. individuals who contract with the Department of Human
Services to provide personal care services, provided
such individuals shall not be exempt from
certification as home health aides,
b. organizations that contract with 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 and Supports
(CD-PASS) waiver program participants who have
employer responsibility for hiring, training,
directing and managing an individual personal care
attendant, or
c. CD-PASS waiver program employer participants;
6. “Home care services” means skilled or personal care services
provided to clients in their place of residence for a fee;
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7. “Home health aide” means an individual who provides personal
care to clients in their temporary or permanent place of residence
for a fee;
8. “Home care agency admi nistrator” means a person who
operates, manages, or supervises, 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 ca re services performed on a
regular basis by:
a. a trained Respiratory Therapist/Technician or by
respiratory therapist/technician,
b. a person currently licensed by this state including
but not limited to a Licensed Practical Nurse,
Registered Nurse, Physical Therapist physical
therapist, Occupational Therapist occupational
therapist, Speech Therapist speech therapist, or
Social Worker social worker, or
c. for the exclusive purpose of the program established
under Section 1 of this act and subject to the sc ope
of practice standards and restrictions established by
the Authority under such section, a family member of a
Medicaid enrollee who is recognized by the Authority
as a family caregiver;
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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 by
a home care agency who provides standby assistance to ambulatory
clients, in conjunction with other com panionship or homemaker
services, in the temporary or permanent place of residence of the
client for a fee.
SECTION 3. This act shall become effective July 1, 2024.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 12th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives