Okla. Stat. tit. 56 § 1025.1

Current through Laws 2024, c. 453.

Section 1025.1 - Definitions

For the purposes of Sections 1025.2 through 1025.4 of this title:

1. "Administrative information" means information reported to or obtained by the Department of Human Services regarding the community services provider during the investigative process that may be appropriate for internal administrative action but does not have the potential to impact the immediate health, safety or welfare of recipients of community services, has not been verified as true and is for informational purposes only;

2. "Area of concern" means an issue that does not rise to the level of abuse or neglect but may constitute a possible deficiency, irregularity or deviation from policies and best practices by the community services provider which has the potential to impact the health, safety or welfare of recipients of community-based services, and the Department of Human Services has conducted sufficient inquiry into the issue to meet the probable cause investigative standard;

3. "Bureau" means the Oklahoma State Bureau of Investigation;

4. "Community services provider" means a community-based program, corporation, or individual who contracts with, or is licensed or funded by, the Department of Human Services to provide residential or vocational services through in-person supports or through the use of remote supports to persons who are elderly or persons with intellectual or developmental disabilities, or contracts with the Oklahoma Health Care Authority to provide services to individuals with intellectual disabilities through a Home and Community-Based Waiver, except a private ICF/IID;

5. "Community services worker" means any person employed by or under contract with a community services provider who provides, for compensation or as a volunteer, health-related services, training, or supportive assistance to persons who are elderly or persons with developmental disabilities, and who is not a licensed health professional or any person who contracts with the Oklahoma Health Care Authority to provide specialized foster care, habilitation training specialist services, or homemaker services to persons with developmental disabilities;

6. "Department" means the Department of Human Services;

7. "Developmental disability" means a severe, chronic disability of a person which:

a. is attributable to a mental or physical impairment or combination of mental and physical impairments, such as an intellectual development disorder, cerebral palsy, or autism,

b. is manifested before the person attains twenty-two (22) years of age,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, and

(7) economic self-sufficiency, and

e. reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated;

8. "Health-related services" means those services provided by community services providers or community services workers to persons who are elderly or persons with developmental disabilities that include, but are not limited to, personal hygiene, transferring, range of motion, supervision or assistance in activities of daily living, basic nursing care such as taking temperature, pulse or respiration, positioning, incontinent care, and identification of signs and symptoms of disease. Certain tasks that may be performed as basic nursing care by community services workers require appropriate training provided or approved by the Department, written agreement by the service recipient's personal support team, and the primary care physician's acknowledgement and specific order related to the task. Under such circumstances, basic nursing care may include, but need not be limited to:

a. nutrition including meals by gastrostomy tube or jejunostomy tube,

b. blood glucose monitoring,

c. ostomy bag care,

d. oral suctioning, and

e. administration of oral metered dose inhalers and nebulizers;

9. "Supportive assistance" means the service rendered to persons with developmental disabilities which is sufficient to enable such person to meet an adequate level of daily living. Supportive assistance includes, but is not limited to, training, supervision, assistance in housekeeping, assistance in the preparation of meals, and assistance in activities of daily living as necessary for the health and comfort of persons with developmental disabilities;

10. "Remote supports" means the utilization of technology by community services workers who are in remote locations, away from the residences or locations of individuals with developmental or intellectual disabilities, to provide health-related services or supportive assistance to those individuals. Communication with individuals with developmental or intellectual disabilities shall be achieved with the use of two-way communications by community services workers through such means as telephone or video feeds;

11. "Maltreatment" means abuse, verbal abuse, sexual abuse, neglect, financial neglect, exploitation or sexual exploitation of vulnerable adults as defined in Section 10-103 of Title 43A of the Oklahoma Statutes or abuse, neglect, sexual abuse or sexual exploitation of children as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;

12. "Personal care" means a level of assistance provided in the home of an individual to meet the individual's activities of daily living needs such as bathing, grooming, meal preparation, light housekeeping, laundry, and care plan-directed errands;

13. "Medicaid personal care services provider" means a program, corporation or individual who provides services under the state Medicaid personal care program or ADvantage Waiver Program to individuals who are elderly or who have a physical disability;

14. "Medicaid personal care assistant" means a person who provides Medicaid services funded under the state Medicaid personal care program, who is not a certified nurse aide or a licensed professional;

15. "Specialized foster care" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services;

16. "Habilitation training specialist services" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services; and

17. "Homemaker services" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services.

Okla. Stat. tit. 56, § 1025.1

Amended by Laws 2024 , c. 79, s. 1, eff. 11/1/2024.

Amended by Laws 2021 , c. 89, s. 1, eff. 11/1/2021.

Amended by Laws 2019 , c. 475, s. 37, eff. 11/1/2019.

Added by Laws 1997, HB 1790, c. 407, § 11, eff. 11/1/1997; Amended by Laws 2002 , SB 732, c. 377, § 1, eff. 11/1/2002; Amended by Laws 2005 , SB 259, c. 38, § 2, eff. 11/1/2005; Amended by Laws 2008 , SB 1192, c. 71, § 1, eff. 11/1/2008; Amended by Laws 2009 , HB 2029, c. 234, §144, emerg. eff. 5/21/2009.