OK
Oklahoma Senate Bill SB1419

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1419 Compare Versions

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3-ENGR. H. A. to ENGR. S. B. NO. 1419 Page 1 1
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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 1419 By: Gollihare of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 59th Legislature (2024)
34+
35+COMMITTEE SUBSTITUTE
36+FOR ENGROSSED
37+SENATE BILL NO. 1419 By: Gollihare of the Senate
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3441 Boatman of the House
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45+COMMITTEE SUBSTITUTE
3946
4047 [ state Medicaid program - program - standards -
4148 reimbursement - rules - application - Home Care Act
4249 – codification - effective date -
4350 emergency ]
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55+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56+SECTION 1. NEW LAW A new section of law to be codified
57+in the Oklahoma Statutes as Section 5013.2 of Title 63, unless there
58+is created a duplication in numbering, reads as follows:
59+A. As used in this section:
60+1. “Family member” means a child, parent, parent-in-law,
61+sibling, grandparent, g randchild, spouse, or a ny other individual
62+related by blood, and any other individual with a close association
63+that is the equivalent of a family relationship;
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52-AUTHOR: Add the following House Coauthor: Swope
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54-AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
55-entire bill and insert:
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60-"[ state Medicaid program - program - standards -
61-reimbursement - rules - application - Home Care Act
62-– codification ]
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69-ENGR. H. A. to ENGR. S. B. NO. 1419 Page 2 1
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94-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
95-SECTION 1. NEW LAW A new section of law to be codified
96-in the Oklahoma Statutes as Section 5013.2 of Title 63, unless there
97-is created a duplication in numbering, reads as follows:
98-A. As used in this section:
99-1. “Family member” means a child, parent, parent-in-law,
100-sibling, grandparent, g randchild, spouse, or a ny other individual
101-related by blood, and any other individu al with a close asso ciation
102-that is the equivalent of a family relationship;
10391 2. “Home care agency” and “skilled care” have the same meanings
10492 as provided by Section 1 -1961 of Title 63 of the Oklahoma Statutes;
10593 and
10694 3. “Member” and “enrollee” mean a person under the age of
10795 twenty-one (21) who is currently eligible for SoonerCare and
10896 approved to receive private duty nursing hours or paid family
10997 caregiver benefits in lieu of pr ivate duty nursing services.
11098 B. Not later than one (1) year after the effective date of this
11199 act and subject to receipt of federal approval fo r the program, the
112100 Oklahoma Health Care Authority shall establish a p rogram under which
113101 a family member of a Medic aid enrollee may be recognized as a family
114102 caregiver and, after receiving such recognition, may, under the
115103 direction and supervis ion of a registered nurse, provide services to
116104 the enrollee through a licensed hom e care agency under the
117105 reimbursement rates e stablished under sub section F of this section,
106+provided that the enrollee qualifies for such services under the
107+state Medicaid program.
108+C. 1. The program established under this section shall require
109+the family caregiver to fulfill such requirements or me et such
110+qualifications as may be prescribed by the Oklahoma Health Care
111+Authority Board. Such requirements shall include, but no t be
112+limited to, completion of a criminal history background check.
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144-provided that the enrollee qualifies for such services under the
145-state Medicaid program.
146-C. 1. The program established under this section shall require
147-the family caregiver to fulfill such requirements or me et such
148-qualifications as may be prescribed by the Oklahoma Health Care
149-Authority Board. Such requirem ents shall include, but not be
150-limited to, completion of a criminal history background check.
151140 2. The Board may prescribe standards for training, compete ncy
152141 evaluation, and such other requirements or qualification criteria as
153142 the Board deems necessary and appropriate.
154143 D. The Board shall establ ish scope of practice standards and
155144 restrictions for services that a recognized family caregiver may
156145 provide to a Medicaid enrollee. The scope of practice may include
157146 necessary and appropriate skilled care tasks. In establishing such
158147 standards and restrictions, the Board shall consider the advice of
159148 the State Department o f Health.
160149 E. It shall be the duty of the hom e care agency to ens ure that
161150 a recognized family caregiver meets the qualifications and
162151 requirements prescribed by this section and rules prom ulgated by the
163152 Board.
164153 F. Reimbursable services provided by a recogni zed family
165154 caregiver under the program establ ished under this sec tion shall be
166155 reimbursed to a home care agency at a rate established by the
167156 Authority.
157+G. 1. The Board shal l promulgate rules as necessary to
158+implement this section.
159+2. The Administrator o f the Authority shall apply for such
160+state plan amendments or wai vers as may be necessary to implement
161+this section and to secure federal financial participation for state
162+Medicaid expenditures under the federal Medicaid program.
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169-ENGR. H. A. to ENGR. S. B. NO. 1419 Page 4 1
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194-G. 1. The Board shall promulgate rules as necessary to
195-implement this section.
196-2. The Administrator o f the Authority shall apply for such
197-state plan amendments or wai vers as may be necessary to implement
198-this section and to secur e federal financial participation for state
199-Medicaid expenditures under the federal Medicaid program.
200190 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1961, is
201191 amended to read as follows:
202192 Section 1-1961. As used in the Home Care Act:
203193 1. “Board” means the State Board of Health;
204194 2. “Certification” means verification of appropriate training
205195 and competence established by the State Commissioner of Health by
206196 rules promulgated pursuant to the Home Care Act for home health
207197 aides and home care agency administrators;
208198 3. “Department” means the State Department of Health;
209199 4. “Healthcare Health care provider” means a physician,
210200 physician assistant or Advanced Pr actice Registered Nurse recognized
211201 by the Oklahoma Board of Nursing as a Certified Nurse Practitioner
212202 certified nurse practitioner or a Clinical Nurse Specia list clinical
213203 nurse specialist;
214204 5. “Home care agency” means any sole proprietorship,
215205 partnership, association, corporati on or other organization which
216206 administers, offers o r provides home care services, for a fee or
217207 pursuant to a contract for such services, to clients in their place
208+of residence. The term “home care agency” home care agency shall
209+not include:
210+a. individuals who contract with the Department of Human
211+Services to provide personal care services, provided
212+such individuals shall not be exempt from
213+certification as home health aides,
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244-of residence. The term “home care agency” home care agency shall
245-not include:
246-a. individuals who contract with the Department of Human
247-Services to provide personal care ser vices, provided
248-such individuals shall not be exempt from
249-certification as home health aides,
250241 b. organizations that contract with the Oklahoma Health
251242 Care Authority as Intermediary Services Organizations
252243 (ISO) intermediary service organizations (ISOs) to
253244 provide federal Internal Revenue Service fiscal and
254245 supportive services to Consumer -Directed Personal
255246 Assistance Supports and Services and Supports (CD-
256247 PASS) waiver program par ticipants who have employer
257248 responsibility for hiring, training, directing and
258249 managing an individual personal care attendant, or
259250 c. CD-PASS waiver program employer participants;
260251 6. “Home care services” means skilled or personal care services
261252 provided to clients in their place of residence for a fee;
262253 7. “Home health aide” means an individual who provides personal
263254 care to clients in their temporary or permanent place of residence
264255 for a fee;
265256 8. “Home care agency admi nistrator” means a person who
266257 operates, manages, or supervises, or is in charge of a home care
267258 agency;
259+9. “Personal care” means assis tance with dressing, bathing,
260+ambulation, exercise or other personal needs;
261+10. “Skilled care” means home care services performed on a
262+regular basis by:
263+a. a trained Respiratory Therapist/Technician or by
264+respiratory therapist/technician,
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269-ENGR. H. A. to ENGR. S. B. NO. 1419 Page 6 1
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294-9. “Personal care” means assistance with dressing, bathing,
295-ambulation, exercise or other personal needs;
296-10. “Skilled care” means home care services performed on a
297-regular basis by:
298-a. a trained Respiratory Therapist/Technician or by
299-respiratory therapist/technician,
300292 b. a person currently licensed by this state including
301293 but not limited to a Licensed Practical Nurse licensed
302294 practical nurse, Registered Nurse registered nurse,
303295 Physical Therapist physical therapist, Occupational
304296 Therapist occupational therapist , Speech Therapist
305297 speech therapist, or Social Worker social worker, or
306298 c. for the exclusive purpose of the program estab lished
307299 under Section 1 of this act and subjec t to the scope
308300 of practice standards and restrictions established by
309301 the Authority under Section 1 of this act, a family
310302 member of a Medicaid enrollee who is recognize d by the
311303 Authority as a family caregiver;
312304 11. “Standby assistance” means supervision of client-directed
313305 activities with verbal prompting and infrequent, incidental hands -on
314306 intervention only; and
315307 12. “Supportive home assistant” means an individual employ ed by
316308 a home care agency who provides standb y assistance to ambulatory
317309 clients, in conjunction with other companionship or homemaker
310+services, in the temporary or permanent place of residence of the
311+client for a fee.
312+SECTION 3. This act shall become effective July 1, 2024.
313+SECTION 4. It being immediately neces sary for the preservation
314+of the public peace, health or safety, an emergency is hereby
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344-services, in the temporary or permanent place of residence of the
345-client for a fee."
346-Passed the House of Representatives the 23rd day of April, 2024.
347-
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351-
352-Presiding Officer of the House of
353- Representatives
354-
355-
356-Passed the Senate the ____ day of _______ ___, 2024.
357-
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361-
362-Presiding Officer of the Senate
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390-ENGROSSED SENATE
391-BILL NO. 1419 By: Gollihare of the Senate
392-
393- and
394-
395- Boatman of the House
396-
397-
398-
399-
400-[ state Medicaid program - program - standards -
401-reimbursement - rules - application - Home Care Act –
402-codification - effective date -
403- emergency ]
404-
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406-
407-
408-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
409-SECTION 3. NEW LAW A new section of law to be codified
410-in the Oklahoma Statutes as Section 5013.2 of Title 63, unless there
411-is created a duplication in numbering, reads as follows:
412-A. As used in this section:
413-1. “Family member” means a child, parent, parent -in-law,
414-sibling, grandparent, grandchild, spouse, or any other individual
415-related by blood, and any other individual with a close association
416-that is the equivalent of a family relationship; and
417-2. “Home care agency” and “skilled care” have the same meanings
418-as provided by Section 1 -1961 of Title 63 of the Oklahoma Statutes.
419-B. Not later than one year after the effective date of this act
420-and subject to receipt of federal approval fo r the program, the
421-Oklahoma Health Care Authority shall establish a program under which
422-a family member of a Medicaid enrollee may be recognized as a family
423-
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449-caregiver and, after receiving such recognition, may, under the
450-direction and supervis ion of a Registered Nurse, provide services to
451-the enrollee through a licensed home care agency under the
452-reimbursement rates established under subsection F of this section,
453-provided that the enrollee qualifies for such services under the
454-state Medicaid program.
455-C. 1. The program established under this section shall require
456-the family caregiver to fulfill such requirements or meet such
457-qualifications as may be prescribed by the Oklahoma Health Care
458-Authority Board. Such requirements shall include, but no t be
459-limited to, completion of a criminal history background check.
460-2. The Board may prescribe standards for training, competency
461-evaluation, and such other requirements or qualification criteria as
462-the Board deems necessary and appropriate.
463-D. The Board shall establ ish scope of practice standards and
464-restrictions for services that a recognized family caregiver may
465-provide to a Medicaid enrollee. The scope of practice may include
466-necessary and appropriate skilled care tasks. In establishing such
467-standards and restrictions, the Board shall consider the advice of
468-the State Department of Health.
469-E. It shall be the duty of the home care agency to ensure that
470-a recognized family caregiver meets the qualifications and
471-requirements prescribed by this section and rules prom ulgated by the
472-Board.
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499-F. Reimbursable services provided by a recognized family
500-caregiver under the program established under this section shall be
501-reimbursed to a home care agency at a rate established by the
502-Authority.
503-G. 1. The Board shal l promulgate rules as necessary to
504-implement this section.
505-2. The Administrator of the Authority shall apply for such
506-state plan amendments or waivers as may be necessary to implement
507-this section and to secure federal financial participation for state
508-Medicaid expenditures under the federal Medicaid program.
509-SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -1961, is
510-amended to read as follows:
511-Section 1-1961. As used in the Home Care Act:
512-1. “Board” means the State Board of Health;
513-2. “Certification” means verification of appropriate training
514-and competence established by the State Commissioner of Health by
515-rules promulgated pursuant to the Home Care Act for home health
516-aides and home care agency administrators;
517-3. “Department” means the State Department of Health;
518-4. “Healthcare “Health care provider” means a physician,
519-physician assistant or Advanced Practice Registered Nurse recognized
520-by the Oklahoma Board of Nursing as a Certified Nurse Practitioner
521-or a Clinical Nurse Specia list;
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548-5. “Home care agency” means any sole proprietorship,
549-partnership, association, corporation or other organization which
550-administers, offers or provides home care services, for a fee or
551-pursuant to a contract for such services, to clients in their place
552-of residence. The term “home care agency” home care agency shall
553-not include:
554-a. individuals who contract with the Department of Human
555-Services to provide personal care services, provided
556-such individuals shall not be exempt from
557-certification as home health aides,
558-b. organizations that contract with the Oklahoma Health
559-Care Authority as Intermediary Services Organizations
560-(ISO) to provide federal Internal Revenue Service
561-fiscal and supportive services to Consumer -Directed
562-Personal Assistance Supports and Services and Supports
563-(CD-PASS) waiver program participants who have
564-employer responsibility for hiring, training,
565-directing and managing an individual personal care
566-attendant, or
567-c. CD-PASS waiver program employer participants;
568-6. “Home care services” means skilled or personal care services
569-provided to clients in their place of residence for a fee;
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596-7. “Home health aide” means an individual who provides personal
597-care to clients in their temporary or permanent place of residence
598-for a fee;
599-8. “Home care agency admi nistrator” means a person who
600-operates, manages, or supervises, or is in charge of a home care
601-agency;
602-9. “Personal care” means assistance with dressing, bathing,
603-ambulation, exercise or other personal needs;
604-10. “Skilled care” means home ca re services performed on a
605-regular basis by:
606-a. a trained Respiratory Therapist/Technician or by
607-respiratory therapist/technician,
608-b. a person currently licensed by this state including
609-but not limited to a Licensed Practical Nurse,
610-Registered Nurse, Physical Therapist physical
611-therapist, Occupational Therapist occupational
612-therapist, Speech Therapist speech therapist, or
613-Social Worker social worker, or
614-c. for the exclusive purpose of the program established
615-under Section 1 of this act and subject to the sc ope
616-of practice standards and restrictions established by
617-the Authority under such section, a family member of a
618-Medicaid enrollee who is recognized by the Authority
619-as a family caregiver;
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646-11. “Standby assistance” means supervision of client directed
647-activities with verbal prompting and infrequent, incidental hands -on
648-intervention only; and
649-12. “Supportive home assistant” means an individual employed by
650-a home care agency who provides standby assistance to ambulatory
651-clients, in conjunction with other com panionship or homemaker
652-services, in the temporary or permanent place of residence of the
653-client for a fee.
654-SECTION 5. This act shall become effective July 1, 2024.
655-SECTION 6. It being immediately necessary for the preservation
656-of the public peace, health or safety, an emergency is hereby
657342 declared to exist, by reason whereof this act shall take effect and
658343 be in full force from and after its passage and approva l.
659-Passed the Senate the 12th day of March, 2024.
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662-
663- Presiding Officer of the Senate
664-
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666-Passed the House of Representatives the ____ day of __________,
667-2024.
668-
669-
670-
671- Presiding Officer of the House
672- of Representatives
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345+COMMITTEE REPORT BY: COMMITTEE ON APPROPR IATIONS AND BUDGET, dated
346+04/11/2024 - DO PASS, As Amended.