Okla. Admin. Code § 340:100-3-33.2

Current through Vol. 42, No. 4, November 1, 2024

Section 340:100-3-33.2 - Provision of waiver services by legally responsible persons and other family members or guardians

(a)Legally responsible persons.

(1) Persons who are legally responsible for the care of service recipients are prohibited from providing Developmental Disabilities Services Division (DDSD) Home and Community-Based Waiver Services to service recipients for whom they are responsible.

(2) For purposes of OAC 340:100-3-33.2, a person who is legally responsible is:

(A) a biological or adoptive parent(s) of a minor child;

(B) a legal guardian of a minor child;

(C) a spouse of a service recipient; or

(D) anyone deemed legally responsible by court order.

(b)Family members or guardians not legally responsible. Family members or guardians who are not legally responsible for the care of service recipients:

(1) may provide Home and Community-Based Services (HCBS) under specific circumstances when they:

(A) are qualified per applicable Oklahoma Department of Human Services (OKDHS) and Oklahoma Health Care Authority (OHCA) rules; and

(B) meet specific service provider requirements;

(2) must be employed by provider agencies, except per OAC 340:100-3-33.2(b)(3). Provider agencies must:

(A) provide supervision and oversight of such employees; and

(B) ensure claims are submitted only for services rendered;

(3) are prohibited from being paid as direct contract providers of DDSD HCBS, except when such persons are:

(A) the only available provider of covered services due to geographic remoteness; or

(B) uniquely qualified to provide covered services due to considerations such as language; and

(4) may provide services, such as:

(A) audiology;

(B) dental;

(C) respite;

(D) agency companion;

(E) assistive technology;

(F) homemaker;

(G) habilitation training specialist;

(H) nutrition;

(I) occupational therapy;

(J) physical therapy;

(K) speech therapy;

(L) transportation; and

(M) specialized foster care.

(c)Volunteer guardians. Volunteer guardians appointed by the court, per OAC 340:100-3-5.1, are prohibited from providing DDSD HCBS to their wards.

Okla. Admin. Code § 340:100-3-33.2

Added at 24 Ok Reg 1046, eff 5-11-07