reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.11. Durable medical equipment retrieval program – Rules - Definition.

A. The Oklahoma Health Care Authority shall develop and implement, as funds become available, a durable medical equipment retrieval program that will allow the Authority to:
1. Retrieve durable medical equipment, purchased with Medicaid funds, from the Medicaid consumers who no longer utilize the equipment; and
2. Donate such equipment to community-based programs that will distribute the equipment to individuals who are disabled or elderly.
B. The Oklahoma Health Care Authority Board shall promulgate rules and establish procedures necessary to implement the program established in this section.
C. For the purpose of this section, “durable medical equipment” means equipment that is primarily and customarily used to serve a medical purpose, can withstand repeated use and is appropriate for use in the home.
Added by Laws 2007, c. 270, § 3, emerg. eff. June 4, 2007. Amended by Laws 2010, c. 309, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.12. Feasibility study for state plan amendment for applied behavior analysis treatment of autism spectrum disorder.

A. The Oklahoma Health Care Authority, in conjunction with the Department of Mental Health and Substance Abuse Services, the State Department of Health and the State Department of Education shall examine the feasibility of a state plan amendment to the Oklahoma Medicaid Program for applied behavior analysis treatment of autism spectrum disorders.
B. On or before December 31, 2016, the Authority and partnering agencies shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor estimating the potential costs to the state, clinical findings, reviews of pilot projects and research from other states on the effects of applied behavioral analysis treatment on autism spectrum disorders.
C. Beginning July 1, 2017, and subject to the availability of funding, the Authority and partnering agencies shall draft a state plan amendment for applied behavior analysis treatment of autism spectrum disorders. The provisions of this subsection shall only apply if the report required by subsection B of this section demonstrates applied behavioral analysis treatment to be evidence-based and essential to qualifying participants in the Oklahoma Medicaid Program.
D. As used in this section:
1. "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior;
2. "Autism spectrum disorder" means any of the pervasive developmental disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the time of diagnosis;
3. "Behavioral health treatment" means counseling and treatment programs, including applied behavior analysis, that are:
a.
necessary to develop, maintain or restore, to the maximum extent practicable, the functioning of an individual, and
b.
provided by a board-certified behavior analyst or by a licensed doctoral-level psychologist so long as the services performed are commensurate with the psychologist's university training and supervised experience; and
4. "Treatment for autism spectrum disorder" means evidence-based care and related equipment prescribed or ordered for an individual diagnosed with an autism spectrum disorder by a licensed physician or a licensed doctoral-level psychologist who determines the care to be medically necessary, including, but not limited to:
a.
behavioral health treatment,
b.
pharmacy care,
c.
psychiatric care,
d.
psychological care, and
e.
therapeutic care.
Added by Laws 2016, c. 230, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.13. Nursing Facility Supplemental Payment Program Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Health Care Authority to be designated the "Nursing Facility Supplemental Payment Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
1. All monies received by the Authority from nonstate governmental organizations pursuant to the Nursing Facility Supplemental Payment Program;
2. Any interest or penalties levied and collected in conjunction with the administration of this act; and
3. All interest attributable to investment of money in the fund.
B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Authority for the purposes of:
1. Transferring funds for the state share of supplemental payments for the Oklahoma Medicaid Program;
2. Transferring funds for the state share of administrative expenses incurred by the Authority or its agents and employees in performing the activities authorized by the Nursing Facility Supplemental Payment Program; or
3. Transferring funds for the maintenance of nursing facility reimbursement rates; provided, such transfers shall only include funds remaining after the transfers authorized by paragraphs 1 and 2 of this subsection.
C. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. Except for the transfers described in subsection B of this section, monies in the Nursing Facility Supplemental Payment Program Revolving Fund shall not be used to replace other general revenues appropriated and funded by the Legislature or other revenues used to support Medicaid.
Added by Laws 2017, c. 324, § 1, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.14. Penalties and interest for failing to timely pay.

The Oklahoma Health Care Authority shall promulgate administrative rules that govern the assessment of penalties and interest against any nonstate governmental organization that fails to timely pay the full amount of a quarterly intergovernmental transfer; provided, however, that the penalty assessed shall not exceed five percent (5%) of the quarterly amount not paid on or before the due date. Penalties and interest collected pursuant to this section shall be deposited in the Nursing Facility Supplemental Payment Program Revolving Fund, as described in Section 1 of this act.
Added by Laws 2017, c. 324, § 2, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1011.15. SoonerCare eligibility modifications.

A. The Oklahoma Health Care Authority (OHCA) shall seek Medicaid waiver authority to pursue modifications to Medicaid eligibility criteria so that receipt of SoonerCare coverage for certain Medicaid populations is conditional upon documentation of certain education, skills, training, work or job activities. Insure Oklahoma eligibility criteria is excluded from this requirement. This requirement is contingent upon approval from the federal Centers for Medicare and Medicaid Services and available state funding.
B. The SoonerCare eligibility modifications provided in subsection A of this section shall include criteria for work or job activities as required for the Supplemental Nutrition Assistance Program (SNAP) in 7 U.S.C., Section 2015(o). In order for an enrollee to remain eligible for SoonerCare, he or she shall comply with the work requirements for SNAP in 7 U.S.C., Section 2015(o). The SoonerCare eligibility criteria work requirements shall be the same as the eligibility criteria work requirements for SNAP in 7 U.S.C., Section 2015(o).
C. Exemptions to the eligibility criteria in this section shall be the same as the exemption criteria for SNAP in 7 U.S.C., Section 2015(o)(3)(A), (B), (D) and (E) or Medicaid populations excluded pursuant to federal Medicaid laws and guidelines. Populations excluded from the requirements shall include those which are excluded by SNAP in 7 U.S.C., Section 2015(o)(3)(A), (B), (D) and (E) or federal Medicaid laws and guidelines. The state may adopt additional exemptions subject to agency rule-making and federal approval.
Added by Laws 2018, c. 220, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1012.3. Coverage for specialty provider services.

A. The Oklahoma Health Care Authority shall take into consideration the unique medical and functional needs of members with complex physical disabilities when preparing or adjusting its budget.
B. The Oklahoma Health Care Authority shall provide coverage for specialty provider services, specialized equipment, and supplies for people with complex physical disabilities. Such coverage shall take into consideration the unique medical and functional needs of people with complex physical disabilities by:
1. Identifying a means by which to recognize people with complex physical disabilities through ID codes and/or billing modifiers;
2. Determining current procedure terminology billing codes that recognize specialized provider care and preserve a specialized rate which will ensure access to care;
3. Identifying criteria required to establish qualifications as a specialty provider; and
4. Classifying specialty products and goods into a separate category and establishing a reasonable access protocol for certain items.
Added by Laws 2015, c. 324, § 4, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1012.4. Regulations and policies for CRT products and services.

The Oklahoma Health Care Authority shall establish focused regulations and policies for CRT products and services. These focused regulations and policies shall take into consideration the customized nature of CRT and the broad range of services necessary to meet the unique medical and functional needs of people with complex physical disabilities by:
1. Designating specific HCPCS billing codes as CRT and, as needed, creating new billing codes or modifiers for services and products covered for people with complex physical disabilities;
2. Establishing specific supplier standards for companies or entities that provide CRT and restricting the provision of CRT to only qualified CRT suppliers that meet such standards as defined in Section 3 of this act;
3. Requiring complex-needs patients receiving a complex rehabilitation manual wheelchair, power wheelchair, or seating component to be evaluated by:
a.
a qualified health care professional as defined in Section 3 of this act, and
b.
a qualified complex rehabilitation technology professional as defined in Section 3 of this act;
4. Maintaining payment policies and rates for complex rehabilitation technology to ensure payment amounts are adequate to provide people with complex physical disabilities with access to such items. Such policies and rates shall take into account the significant resources, infrastructure, and staff needed to appropriately provide CRT to meet the unique needs of complex-needs patients;
5. Exempting the HCPCS billing codes defined in Section 3 of this act from inclusion in any bidding, selective contracting, or similar such initiative, if the specialty provider service, specialized equipment or supply can only be obtained from a sole source;
6. Requiring that Managed Care Medicaid plans adopt the regulations and policies outlined in this act and contract with any willing, qualified CRT supplier; and
7. Making other changes as needed to protect access to CRT for complex-needs patients.
Added by Laws 2015, c. 324, § 5, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1015.2. Definitions.

As used in the Consumer Protection for Wheeled Mobility Act:
1. “Assistive technology practitioner” or “ATP” means a for-service provider who is involved in analysis of the needs and training of a consumer in the use of a particular assistive technology device;
2. “Assistive technology supplier” or “ATS” means a service provider involved in the sale and service of rehabilitation equipment or commercially available assistive technology products and devices;
3. “RESNA” means the Rehabilitation Engineering and Assistive Technology Society of North America; and
4. “Specialty evaluation” means the determination and documentation of the consumer’s pathology, history and prognosis, and the physiological, functional, and environmental factors that impact the selection of an appropriate wheeled mobility system.
Added by Laws 2008, c. 410, § 2, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1015.3. Requirements for Medicaid claims on wheeled mobility purchases.

A. Contingent upon the availability of funding, for Medicaid claims with dates of service on or after April 1, 2009, on all purchased wheeled mobility, the patient shall either have:
1. A specialty evaluation that was performed by a licensed or certified medical professional, such as a physical therapist, occupational therapist, or physician who has specific training and experience in rehabilitation wheelchair evaluations, and that documents the medical necessity for the wheelchair and its special features; or
2. The wheelchair provided by a supplier that employs a RESNA-certified assistive technology supplier or assistive technology practitioner who specializes in wheelchairs and who has direct, in-person involvement in the wheelchair selection for the patient; and
3. Met the requirements for medical necessity as determined and approved by the Oklahoma Health Care Authority.
B. The Oklahoma Health Care Authority shall promulgate rules to implement the Consumer Protection Act for Wheeled Mobility in accordance with the Consumer Protection Act for Wheeled Mobility.
Added by Laws 2008, c. 410, § 3, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1016. Study of coverage for prosthetic and orthotic devices for Medicaid-eligible individuals.

A. The Oklahoma Health Care Authority shall study and recommend coverage for prosthetic devices and orthotic devices for Medicaid-eligible individuals. The study shall include the review of payment rates necessary to provide the benefit. The study shall be filed with the Speaker of the House and the President Pro Tempore of the Senate no later than December 31, 2011.
B. As used in this section:
1. “Prosthetic device” means an artificial limb device or appliance designed to replace in whole or in part an arm or a leg; and
2. "Orthotic device" means a support or brace used to assist weak or ineffective joints or muscles.
Added by Laws 2011, c. 334, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-1017.1. Oklahoma Choices for Long-Term Care Act - Purpose.

A. Sections 1 through 5 of this act shall be known and may be cited as the “Oklahoma Choices for Long-Term Care Act”.
B. The purpose of the Oklahoma Choices for Long-Term Care Act is to make long-term services and supports for citizens easily accessible, cost-effective and of high quality and to provide a comprehensive and systematic approach to addressing these needs. The Oklahoma Choices for Long-Term Care Act shall provide older Oklahomans and adults with physical disabilities the opportunity to choose where they live and receive their services, and provide efficient administration of the ADvantage Waiver Program.
Added by Laws 2011, c. 297, § 1, eff. Sept. 1, 2011.
2023 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; and
3. 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.
2023 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; and
5. 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.
2023 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.
2023 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.
2023 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; and
2. The updated algorithms shall not affect any prior authorized service.
Added by Laws 2019, c. 386, § 1, eff. Nov. 1, 2019.
2023 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; and
4. 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; and
4. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
6. 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; and
2. 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.
2023 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.
2023 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; and
3. 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.
2023 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; and
4. Respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities.
Added by Laws 2017, c. 91, § 3, eff. Nov. 1, 2017.
2023 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.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-3002.7. Definitions - Options Counseling for Long-term Care Program - Consultation.

A. As used in the Oklahoma Options Counseling for Long-term Care Program Act:
1. “Long-term care facility” means a nursing facility or assisted living facility;
2. “Options counseling for long-term care” means the process of providing services pursuant to the Oklahoma Options Counseling for Long-term Care Program within the Aging and Disability Resource Consortium (ADRC); and
3. “Representative” means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual:
a.
seeking a long-term care consultation, or
b.
admitted to a long-term care program or facility.
B. The Options Counseling for Long-term Care Program is hereby created within the Department of Human Services Aging Services Division and administered within the Aging Services Division Aging and Disability Resource Consortium.
C. Subject to available funding, the Options Counseling for Long-term Care Program, through its partner community agencies, shall provide individuals or their representatives, or both, with long-term care options consultation by phone or in person, which shall include at a minimum the following:
1. A basic review of an individual’s need for information;
2. A review of appropriate long-term care options and costs, if available;
3. A review of providers who accept either public or private payment or both public and private payment for long-term care services;
4. A summary of factors to consider when choosing among the available programs, services, and benefits; and
5. A summary of opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the family and friends of the individual.
D. Options counseling for long-term care under this section may be provided at any time, whether before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term facility.
E. Nothing in the Oklahoma Options Counseling for Long-term Care Program Act shall be used to implement any provisions of the federal Patient Protection and Affordable Care Act.
Added by Laws 2011, c. 144, § 3, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-3003. Contents of coordinated system - Implementation deadlines.

A. The design of a coordinated system of information, referral and follow-up services for older Oklahomans shall:
1. Be based upon the coordination of existing state and local programs that provide information, referral and follow-up services for older Oklahomans;
2. Conform with the requirements of the 1915c Medicaid Home and Community Based Waiver, commonly known as the "Advantage Program", and, to the extent possible and feasible, shall incorporate the forms and procedures developed for the implementation of the Waiver;
3. Include, but not be limited to:
a.
delineation of agency responsibilities, and the methods of coordinating the delivery of services,
b.
identification of programs and procedures necessary for implementation, and adoption of such procedures by the responsible agencies,
c.
the adoption of common service procedures across program and agency lines,
d.
the use of common referral and other forms,
e.
the development of a shared, computerized data base to identify client information necessary to reduce duplication of effort and improve service delivery, including, but not limited to, a common intake data set,
f.
procedures for sharing of confidential information in accordance with state and federal laws, which shall include, but not be limited to, methods for restricting access to confidential information and for sharing confidential information between public and private agencies and individuals in accordance with the policies and procedures set forth in interagency agreements pursuant to the Coordination of Services for Older Oklahomans Act,
g.
joint training of personnel responsible for implementation of the system and delivery of services,
h.
methods for resolving disputes by mediation or other means,
i.
a funding and implementation plan, which may include phased-in implementation, and
j.
procedures for monitoring and improving services and data collection, and continued coordination of services and data.
B. 1. Preliminary recommendations for the data base and coordinated system shall be completed on or before October 1, 1996.
2. On or before January 1, 1997, the agencies subject to the provisions of the Coordination of Services for Older Oklahomans Act shall enter into interagency agreements to implement the coordinated system.
The data base and coordinated system of information, referral and follow-up shall be fully implemented on or before January 1, 1998.
Added by Laws 1996, c. 123, § 3, emerg. eff. April 23, 1996.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-3051. Discontinuance of state-administered resource centers.

A. The Department of Human Services shall develop a plan which contains targeted dates to change or discontinue the operation of state-administered resource centers. In developing the plan, the Department shall consult with the families and guardians of the residents as well as affected employees of the resource centers, and shall take into consideration the recommendations and concerns of the families and guardians of the residents and affected employees.
B. The plan shall be submitted no later than January 1, 2012. The plan shall be subject to disapproval by the Legislature on or before March 1, 2012. The plan shall not be implemented until after March 1, 2012.
Added by Laws 2011, c. 315, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-4001.5. Exemption from levy and sale, garnishment, attachment and other processes – Exclusion from consideration for assistance or benefits.

A. Account balances and distributions from savings accounts established pursuant to this act shall be exempt from levy and sale, garnishment, attachment or any other process whatsoever and shall be unassignable.
B. Money and assets residing in an account established pursuant to this act or residing in an ABLE account established in another state shall not be considered for purposes of determining eligibility for assistance or benefits or for determining the amount of assistance or benefits to be received from the Temporary Assistance for Needy Families program or from any other local or state means-tested public assistance programs.
Added by Laws 2016, c. 354, § 6, eff. Jan. 1, 2017.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-4002.1a. Legislative intent.

It is the intent of the Legislature to transform the state's current Medicaid program to provide budget predictability for the taxpayers of this state while ensuring quality care to those in need. The state Medicaid program shall be designed to achieve the following goals:
1. Improve health outcomes for Medicaid members and the state as a whole;
2. Ensure budget predictability through shared risk and accountability;
3. Ensure access to care, quality measures, and member satisfaction;
4. Ensure efficient and cost-effective administrative systems and structures; and
5. Ensure a sustainable delivery system that is a provider-led effort and that is operated and managed by providers to the maximum extent possible.
Added by Laws 2022, c. 395, § 1, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-4002.3c. Process for assignment of Medicaid members to contracted entities.

A. The Authority shall develop and implement a process for assignment of Medicaid members to contracted entities.
B. The Authority may only utilize an opt-in enrollment process for the voluntary enrollment of American Indians and Alaska Natives. Notwithstanding any other provision of this act, the Authority shall comply with all Indian provisions associated with Medicaid managed care including, but not limited to, the Social Security Act, 1932(a)(2)(C), the American Recovery and Reinvestment Act of 2009, P.L. 111-5 (Feb. 17, 2009), Section 5006, the Children's Health Insurance Program Reauthorization Act of 2009, P.L. 111-3 (Feb. 4, 2009), and the Centers for Medicare and Medicaid Services (CMS) managed care protections, 25 C.F.R., 438.14.
C. In the event of the termination of a capitated contract with a contracted entity during the contract duration, the Authority shall reassign members to a remaining contracted entity with demonstrated performance and capability. If no remaining contracted entity is able to assume management for such members, the Authority may select another contracted entity by application, as specified in rules promulgated by the Oklahoma Health Care Authority Board, if the financial, operation, and performance requirements can be met, at the discretion of the Authority.
Added by Laws 2022, c. 395, § 5, eff. July 1, 2022.