Okla. Admin. Code § 340:100-17-10

Current through Vol. 42, No. 7, December 16, 2024

Section 340:100-17-10 - General state-funded employment (sheltered workshop) expectations

(a) Access to state-funded (sheltered workshop) employment services is contingent upon sufficient resources and a determination of eligibility of the service recipient, per Oklahoma Administrative Code 340:100-3-1. A person is not eligible for state-funded employment services when he or she:

(1) receives Home and Community-Based Services funded by the Oklahoma Health Care Authority; or

(2) resides in a private intermediate care facility for individuals with intellectual disabilities (ICF/IID).

(b) State-funded (sheltered workshop) employment services are provided by private agencies that have a current contract with Oklahoma Human Services.

(c) State-funded (sheltered workshop) employment services serve eligible persons with developmental disabilities who are 16 years of age and older. Individuals between the ages of 16 and 21 who have not completed eligibility for services provided through Individuals with Disabilities Education Act (IDEA) may receive state-funded employment services during times when school is not in session, when not participating in an Individual Education Program (IEP) that includes extended school year services through the school system.

(d) The provider agency ensures service recipients participate in meaningful work-related activities for the entire service day, five hours per day, unless determined otherwise by the service recipient's Team and justified in the Individual Plan (IP).

(e) State-funded (sheltered workshop) employment services include:

(1) evaluation;

(2) training;

(3) supportive assistance; and

(4) paid employment.

(f) The services allow the service recipient to engage in meaningful work or participate in training activities that are age appropriate, work related, and consistent with the service recipient's IP.

(1) The work day is devoted to paid employment, evaluation, or specific job task activities for which the service recipient is remunerated per the United States Department of Labor Wage and Hour regulations and the Fair Labor Standards Act.

(2) During periods in which no paid work is available for service recipients, despite the good faith efforts of the provider to secure such work, the employment provider agency ensures that each service recipient participates in training activities that are age appropriate, work related, and consistent with the IP. Such activities may include, but are not limited to:

(A) resume development and application writing;

(B) work attire selection;

(C) job interview training and practice;

(D) job safety and evacuation training;

(E) personal or social skills training; and

(F) stamina and wellness classes.

(3) Activities that do not contribute to the service recipient's work experience, skills, or knowledge are not appropriate services.

(g) The provider agency submits a monthly attendance record to DDS to receive payment for state-funded employment (sheltered workshop) services. Claims for services rendered to service recipients must be submitted within 90-calendar days of the provision of services. Supporting encumbrances may be canceled upon a lapse of six months from the actual provision of services.

(h) The provider agency maintains documentation available for review that documents the:

(1) service recipient's:

(A) legal name;

(B) case number or Social Security number;

(C) date of birth;

(D) progress toward outcomes;

(E) wages earned; and

(F) hours worked;

(2) type of service provided; and

(3) date(s) of service delivery.

Okla. Admin. Code § 340:100-17-10

Added at 15 Ok Reg 1309, eff 3-1-98 (emergency); Added at 16 Ok Reg 1056, eff 4-26-99; Amended at 22 Ok Reg 882, eff 5-12-05

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021