reglab/housing_qa huggingface dataset:
56 OK Stat § 56-1017.2 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1017.2. Legislative findings.

|The Legislature finds that: |1. Oklahoma has a successful home- and community-based services program known as the ADvantage Waiver Program for the frail, elderly and adults with physical disabilities age twenty-one (21) and over who do not have an intellectual disability nor a cognitive impairment. The ADvantage Waiver Program provides the following services: case management, transitional case management, personal care, advanced supportive/restorative, skilled nursing - home health setting, RN assessment evaluation, occupational therapy, physical therapy, respiratory therapy, speech/language therapy, adult day health, personal care in adult day health, therapy in adult day health, home-delivered meals, NF extended respite, in-home respite, in-home extended respite, environmental modifications, hospice, consumer-directed personal care assistant services and supports, assisted living, and specialized medical equipment and supplies;2. Many Oklahomans who could safely stay at home with cost-effective home- and community-based services go into nursing facilities the day assistance is needed because their eligibility for nursing facility supports is "presumed" by the nursing facility, while eligibility for home and community supports can take weeks or months. If their circumstances are such that they need immediate or urgent care, they lose their choice to live and receive their services at home. Once they are in a nursing facility, they may lose their home or the supports they need to stay at home; and3. The cost of serving Oklahomans who are in nursing facilities when they could be living and receiving services at home is significantly higher than the cost of serving them with home- and community-based services.Added by Laws 2011, c. 297, § 2, eff. Sept. 1, 2011. Amended by Laws 2019, c. 475, § 35, eff. Nov. 1, 2019.
56 OK Stat § 56-1017.3 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1017.3. Eligibility.

|To be eligible for the ADvantage Waiver Program, a person shall: |1. Qualify financially for Medicaid;2. Be sixty-five (65) years of age or older or be a physically disabled adult as determined by the Social Security Administration, age twenty-one (21) years or older without an intellectual disability or cognitive impairment;3. Be determined to meet the nursing facility institutional level of care by the Aging Services Division of the Department of Human Services;4. Reside in his or her own home or a family member's home; and5. Have needs that can be safely met with waiver services and family or community supports.Added by Laws 2011, c. 297, § 3, eff. Sept. 1, 2011. Amended by Laws 2019, c. 475, § 36, eff. Nov. 1, 2019.
56 OK Stat § 56-1017.4 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1017.4. Enrollment system.

|A. The Oklahoma Health Care Authority is directed to create a system of enrollment, Medicaid eligibility, and certification for home- and community-based services provided by the ADvantage Waiver Program that provides for presumptive Medicaid eligibility and certification that is the same as that which exists for nursing facilities as provided for in administrative rules promulgated by the Oklahoma Health Care Authority Board. The system shall facilitate the provision of home- and community-based services to persons at risk of placement in a nursing facility but who elect to be served in a home- and community-based setting in lieu of nursing facility services. |B. The Department of Human Services is directed to make such changes in its regulations, policies and procedures as are necessary to implement the enrollment, Medicaid eligibility, and certification requirements established pursuant to subsection A of this section.C. The Oklahoma Health Care Authority shall develop and submit for approval no later than November 1, 2011, applications for waivers or amendments to waivers of applicable federal laws and regulations as necessary to implement the provisions of the Oklahoma Choices for Long-Term Care Act. Copies of all waivers submitted to the United States Centers for Medicare and Medicaid Services shall be provided to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate within ten (10) days of their submissions. Waivers and amendments to waivers approved by the United States Centers for Medicare and Medicaid Services as provided in this section shall be provided to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate within ten (10) days of their approval. The Oklahoma Health Care Authority shall implement any waivers and amendments to waivers approved by the United States Centers for Medicare and Medicaid Services no later than January 1, 2012, or within sixty (60) days of their approval. The Oklahoma Health Care Authority shall report the savings as the result of the Oklahoma Choices for Long-Term Care Act each year in its annual report.Added by Laws 2011, c. 297, § 4, eff. Sept. 1, 2011.
56 OK Stat § 56-1017.6 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1017.6. Options counseling for long-term care for persons 55 or older.

|A. As used in this section, "Program of All-Inclusive Care for the Elderly (PACE)" means a full risk-bearing program that provides comprehensive health services for individuals age fifty-five (55) and over who are sufficiently frail to be categorized as nursing home eligible by the state's Medicaid program. PACE shall be reimbursed on a fixed per-member per-month rate and, in return for such fixed payment, is responsible for providing all health services, including transportation. |B. 1. Persons who are fifty-five (55) years of age or older, or their legal guardians or lay caregivers, shall receive options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes prior to admission to a long-term care facility, except in the case of an emergency admission. Options counseling shall include, but not be limited to, PACE, if so applicable, nursing facilities and home- and community-based services.2. In the case of an emergency admission, the options counseling for long-term care shall take place within fourteen (14) days of the emergency admission or as soon as is reasonably possible.3. Persons who are fifty-five (55) years of age or older and live within the defined service area of a PACE provider shall receive information regarding PACE as part of options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes.4. Any person currently residing in a nursing facility shall be able to receive options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes at the person's, or their legal guardian's or lay caregiver's, request or at the time of any reevaluation or renewal of long-term care. Nothing in this section shall require any person currently residing in a nursing facility to receive options counseling if they do not desire to do so.C. A PACE organization shall be permitted to engage in enrollment practices throughout the entirety of each month, to be effective the first day of the following month.Added by Laws 2019, c. 436, § 1, eff. Nov. 1, 2019.
56 OK Stat § 56-1018 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1018. Reductions in planned services – Prospective application only.

|A. As used in this section, "contracted community-based service provider" means any entity contracted by the Department of Human Services, the Oklahoma Health Care Authority, or any private person providing the support, or promotion of support, for a service recipient to remain in such person's home or residence and shall include, but not be limited to, entities and persons providing personal support, professional support, case management, transportation services and services through a Home and Community-Based Waiver or ADvantage Waiver as defined by Title XIX of the Social Security Act, Section 1915(c). |B. Beginning on the effective date of this act, any reductions in planned services provided by a contracted community-based service provider shall comply with the following:1. All reductions in planned services shall be applied prospectively and shall not be changed retroactively. Any prior authorized services rendered under the current plan shall be reimbursed; and2. The updated algorithms shall not affect any prior authorized service.Added by Laws 2019, c. 386, § 1, eff. Nov. 1, 2019.
56 OK Stat § 56-1025.3 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1025.3. Community services worker registry.

|A. The Director of the Department of Human Services shall promulgate rules to establish and maintain a community services worker registry. Such rules may include, but need not be limited to: |1. A procedure for notation in such registry of a final Department of Human Services investigative finding or a finding by an Administrative Law Judge of maltreatment of an individual by a community services worker or a Medicaid personal care assistant;2. A procedure for notice and due process for a community services worker, or a Medicaid personal care assistant, or applicant before the entering of such person’s name in the registry as having a final Department of Human Services investigative finding or Administrative Law Judge finding of maltreatment of an individual;3. Disclosure requirements for information in the registry; and4. Procedures for granting a waiver of the provisions of paragraph 1 of subsection F of Section 1025.2 of this title by the Director of Human Services.B. The community services worker registry shall include, but not be limited to, the following information on each community services worker and each Medicaid personal care assistant:1. The individual’s full name;2. Information necessary to identify each individual;3. The date the individual’s name was placed in the registry; and4. Information on any final Department of Human Services investigative finding or Administrative Law Judge finding of maltreatment concerning the worker.C. A community services worker, a Medicaid personal care assistant, or applicant who is adversely affected by an Administrative Law Judge finding of maltreatment of an individual may seek judicial review pursuant to Article II of the Administrative Procedures Act. The finding of the Administrative Law Judge may be appealed to the district court of the county in which the community services worker, Medicaid personal care assistant, or applicant resides within thirty (30) days of the date of the decision. A copy of the petition shall be served by mail upon the general counsel of the Department of Human Services.D. An investigation conducted under Section 1025.1 et seq. of this title shall include a process for notifying a community services provider of areas of concern and administrative information. An area of concern or administrative information shall not be considered final investigative findings, nor shall the area of concern or administrative information be included in a final investigative report of the Department of Human Services. The Department shall develop a procedure by which a community services provider may request an investigative status update within ten (10) calendar days of the initiation of an investigation conducted under Section 1025.1 et seq. of this title.Added by Laws 1997, c. 407, § 13, eff. Nov. 1, 1997. Amended by Laws 2001, c. 393, § 2, emerg. eff. June 4, 2001; Laws 2002, c. 378, § 3, eff. Nov. 1, 2002; Laws 2008, c. 71, § 3, eff. Nov. 1, 2008; Laws 2021, c. 89, § 2, eff. Nov. 1, 2021.
56 OK Stat § 56-1025.4 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1025.4. Violations and penalties.

|Any violation of the provisions of Sections 11 through 13 of this act shall be a misdemeanor and, upon conviction or plea of guilty or nolo contendere, shall be punishable by a fine of not less than Three Hundred Dollars ($300.00), but not to exceed One Thousand Dollars ($1,000.00). In addition to the fine, such violator may be imprisoned in the county jail for not more than thirty (30) days. Each day that such violation continues shall be considered to be a separate violation. |Added by Laws 1997, c. 407, § 14, eff. Nov. 1, 1997.
56 OK Stat § 56-1030.2 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1030.2. Notice and hearing - Appointment of receiver - Reimbursement of receiver - Liability for debts - Competitive bidding not required.

|A. The court shall hold a hearing within five (5) days of the filing of the petition. The petition and notice of the hearing shall be served by the petitioner on the owner, administrator or designated agent of the agency, and the Oklahoma Health Care Authority. The petition and notice shall be posted in a conspicuous place in the agency not later than three (3) days before the time specified for the hearing, unless a different time limit is fixed by order of the court. |B. The court may appoint a receiver ex parte pending the hearing if the Department of Human Services provides testimony, under oath, that there has been a loss of life or a life-endangering situation exists for which an adequate remedy at law does not exist. Following the hearing on the petition, and upon a determination that the appointment of a receiver is warranted, the court may then appoint a different receiver or extend the term of the ex parte receiver.C. When the operating revenue of a residential agency in receivership is insufficient to meet its operating expenses, including the cost of bringing the agency and residences into compliance with state or federal laws or rules or regulations or provisions of the agency's contract, or to protect the health and safety of the residents, the operator shall be deemed insolvent. The Department of Human Services may reimburse the receiver for those expenses from funds available for such uses and expenses.D. The receiver, the Department of Human Services and the Oklahoma Health Care Authority are not liable for debts incurred by the owner or operator of an agency providing community residential services for which a receiver has been appointed.E. Notwithstanding any other provision of law, contracts that are necessary to carry out the powers and duties of the receiver need not be competitively bid.Added by Laws 1997, c. 407, § 16, eff. Nov. 1, 1997.
56 OK Stat § 56-1030.3 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-1030.3. Compensation of receiver.

|The Department of Human Services shall have a lien against the owner of the agency for any such reimbursements made during the receivership under the same terms, procedures, and conditions as provided for long-term care facilities pursuant to Section 1-1914.2 of Title 63 of the Oklahoma Statutes. The court shall set the compensation of the receiver in accordance with other receiverships generally. |Added by Laws 1997, c. 407, § 17, eff. Nov. 1, 1997.
56 OK Stat § 56-2005 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-2005. Residency limitation on applications.

|Applications for Home and Community Based Medicaid Waiver Services for the Community Waiver, In-Home Supports Waiver for Adults, and In-Home Supports Waiver for Children operated by the Department of Human Services shall not be made until an applicant has been a resident of Oklahoma for five (5) years prior to the date of application. The Department of Human Services shall promulgate rules as necessary for the implementation and administration of the provisions of this section. |Added by Laws 2021, c. 486, § 1, eff. July 1, 2021.
56 OK Stat § 56-3001 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3001. Short title - Purpose - Joint implementation by state agencies.

|A. Sections 1 through 3 of this act shall be known and may be cited as the "Coordination of Services for Older Oklahomans Act". |B. The purpose of the Coordination of Services for Older Oklahomans Act is to establish a coordinated system for the delivery of information, referral and follow-up services to older Oklahomans through a process of joint public and private agency planning and collaboration.C. The system is to be implemented through interagency agreements and will utilize a shared, computerized data base in order to reduce duplication and improve efficiency in the delivery of such services. The data base is to be jointly developed, implemented and utilized by the public agencies responsible for information, referral and follow-up services to older Oklahomans and private agencies that provide such services pursuant to a contract with a state agency.Added by Laws 1996, c. 123, § 1, emerg. eff. April 23, 1996.
56 OK Stat § 56-3002 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002. Designation of participating agencies - Respective responsibilities - Report.

|A. The following agencies are directed to jointly design and implement a coordinated system of information, referral and follow-up services for older Oklahomans: |1. The Aging Services Division of the Department of Human Services;2. The State Department of Health;3. The Department of Mental Health and Substance Abuse Services;4. The Oklahoma Health Care Authority;5. The Oklahoma Department of Veterans Affairs; and6. The Office of Management and Enterprise Services.B. 1. The Aging Services Division of the Department of Human Services shall be the lead agency for the design and implementation of the system required by the Coordination of Services for Older Oklahomans Act and shall be responsible for convening meetings and providing meeting space, administrative, staff and other necessary support services. The Division shall convene the first meeting of the agencies on or before July 1, 1996.2. The remaining agencies listed in subsection A of this section shall be responsible for providing information, staff and other assistance as necessary to design and implement the system required by the Coordination of Services for Older Oklahomans Act.3. The Aging Services Division shall invite representatives of the Area Agencies on Aging, Eldercare, managed health care organizations and other appropriate public and private entities to participate in the design of the system required by the Coordination of Services for Older Oklahomans Act.4. The Office of Management and Enterprise Services shall provide technical assistance and support necessary for the development of the shared, computerized data base required by the Coordination of Services for Older Oklahomans Act.C. On or before December 1 of each year, the agencies listed in subsection A of this section shall jointly submit a report to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairs of the appropriate legislative committees. The report shall include, but not be limited to:1. A statement on the progress in the design and implementation of the system required by the Coordination of Services for Older Oklahomans Act; and2. Identification of any statutory changes and funding necessary to implement the system.Added by Laws 1996, c. 123, § 2, emerg. eff. April 23, 1996. Amended by Laws 2012, c. 304, § 243.
56 OK Stat § 56-3002.1 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.1. Aging and Disability Resource Consortium initiative.

|The Aging Services Division of the Department of Human Services is encouraged and authorized to work collaboratively with other national, state and local agencies and community groups to establish, develop, and implement a single-point-of-entry concept for aging and disability groups in Oklahoma referred to as an Aging and Disability Resource Consortium (ADRC) initiative. |The Aging Services Division is designated as the lead agency in the establishment of an ADRC initiative in Oklahoma. The Aging Services Division shall collaborate and coordinate with the disability and aging network to ensure appropriate inclusion in the ADRC initiative. The Aging Services Division is authorized to pursue national, state or local grants to comply with national, state or local rules or regulations to effect this enabling legislation.The ADRC initiative shall streamline access to long-term support services and assist disabled and elderly Oklahomans to make informed decisions about their service and support options. The ADRC initiative shall coordinate existing systems of information, assistance and access for the elderly and disabled, and shall form state and local partnerships that provide information and assistance to individuals or professionals needing either public or private resources for themselves or their clients, especially when planning for long-term support service needs.Added by Laws 2009, c. 67, § 1, eff. Nov. 1, 2009.
56 OK Stat § 56-3002.2 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.2. Short title - Oklahoma Caregiver Support Act.

|This act shall be known and may be cited as the "Oklahoma Caregiver Support Act". |Added by Laws 2017, c. 91, § 1, eff. Nov. 1, 2017.
56 OK Stat § 56-3002.3 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.3. Expansion of service locations.

|The Department of Human Services shall work with caregiver community groups across the state in a cost-neutral manner using existing resources to: |1. Support expansion of the number of locations in which services to caregivers are provided;2. Ensure that such geographic locations include low-, mid- and high-economic-income areas in order to provide greater accessibility to caregivers; and3. Provide that the locations to be selected shall include schools, city and county facilities in which no usage fee shall be charged.Added by Laws 2017, c. 91, § 2, eff. Nov. 1, 2017.
56 OK Stat § 56-3002.4 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.4. Support for awareness of information, services and training.

|The Department of Human Services shall work with caregiver community groups across the state in a cost-neutral manner using existing resources to support awareness of: |1. Information to caregivers regarding available services;2. Assistance to caregivers in gaining access to available services;3. Individual counseling, support groups and caregiver training; and4. Respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities.Added by Laws 2017, c. 91, § 3, eff. Nov. 1, 2017.
56 OK Stat § 56-3002.5 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.5. Oklahoma Options Counseling for Long-term Care Program Act.

|This act shall be known and may be cited as the "Oklahoma Options Counseling for Long-term Care Program Act". |Added by Laws 2011, c. 144, § 1, eff. Nov. 1, 2011.
56 OK Stat § 56-3002.6 (2021)
2021 Oklahoma Statutes|Title 56. Poor Persons|§56-3002.6. Legislative findings.

|The Oklahoma Legislature finds that access to information regarding all components of a long-term care support system is necessary to empower the elderly and persons with disabilities in planning, evaluating, and making decisions to meet their individual long-term care support needs appropriately. This access to information shall be provided through the Options Counseling for Long-term Care Program provided by the Aging and Disability Resource Consortium and its partner community organizations. The Options Counseling for Long-term Care Program shall be designed to allow for an integrated system that facilitates navigation of the variety of private and public resources available; minimizes service fragmentation; reduces duplication of administrative paperwork procedures; enhances individual choice; supports informed decision making; and increases the cost-effectiveness of long-term care services and support systems. |Added by Laws 2011, c. 144, § 2, eff. Nov. 1, 2011.