reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.1 - Community residential supports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Community residential supports are funded through
				  contracts with the Oklahoma Department of Human Services DHS, Oklahoma Health
				  Care Authority (OHCA), or both, and must meet standards per this Section.
(1) A service recipient is considered
				  receiving community residential supports when the service recipient receives:
(A) daily living supports (DLS), per Oklahoma
				  Administrative Code (OAC)
				  317:40-5-150;
(B) Prader-Willi Syndrome services;
(C) agency companion services (ACS), per Part
				  1 of OAC 317:40-5; or
(D)
				  specialized foster care (SFC), per Part 5 of OAC 317:40-5.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.2 - Assisted Living without Waiver supports

Current through Vol. 41, No. 20, July 1, 2024
(a)
General information.
Assisted Living without Waiver supports:
(1)
				  is provided to individuals with intellectual disabilities who:
(A) do not receive Home and Community-Based
				  Waiver services; and
(B) require
				  minimal staff supports to live safely in their own homes; and
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.3 - Authorization for community residential supports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 550, eff 11-24-99 (emergency); Added at 17 Ok Reg 1314, eff 5-11-00; Amended at
					 18 Ok Reg 681, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1254, eff 5-11-01;
					 Revoked at 23 Ok Reg 1026, eff 5-11-06
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.4 - Residential options for Homeward Bound class members

Current through Vol. 41, No. 20, July 1, 2024
(a) Persons who are members of the class
				  certified in Case Number 85-C-437-E, United States District Court for the
				  Northern District of Oklahoma, have the right to choose either:
(1) independent living;
(2) natural home;
(3) agency companion services, as described
				  in OAC
				  317:40-5-3;
(4) supported living services, as described
				  in OAC
				  340:100-5-22.5;
(5) group home services, as described in OAC
				  340:100-6, in a home serving six or fewer individuals; or
(6) intermediate care facility services for
				  persons with mental retardation, as described in Title 42 Code of Federal
				  Regulations, Part 442, in a facility serving six or fewer
				  individuals.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.5 - Supported living services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Eligibility.
To ensure the daily living requirements of the class
				  members are met, Oklahoma Human Services (OKDHS) provides a payment to the
				  contract residential provider agency serving each person who:
(1) is a member of the class certified in
				  Case Number 85-C-437-E, United States District Court for the Northern District
				  of Oklahoma; and
(2) receives Daily
				  Living Supports services, per Oklahoma Administrative Code (OAC)
				  317:40-5-153.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.6 - Alternative group home

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal
				  basis.
Authority to operate alternative group homes is based on the
				  Group Homes for Persons with Developmental or Physical Disabilities Act per
				  Section 1430.1 through
				  1430.41 of Title 10 of the
				  Oklahoma Statutes (10 O.S. §§ 1430.1 through 1430.41). Administrative
				  and program requirements for alternative group homes are described in Oklahoma
				  Administrative Code (OAC)
				  317:40-5-152, this Section, and
				  OAC 340:100-6.
(b)
General
				  information.
Alternative group homes:
(1) serve up to four service recipients who:
(A) have serious behavioral or emotional
				  challenges or community protection issues in addition to intellectual
				  disabilities and require continuous supervision and assistance to remain in the
				  community; or
(B) were charged with
				  a felony, determined by the district court as incompetent to stand trial due to
				  intellectual disability, formerly known as mental retardation, and dangerous,
				  and placed by the district court in the custody of the public guardian;
				  and
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-22.7 - Supplemental room and board funding for persons receiving Home and Community-Based Services (HCBS) Waivers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This Section applies to services funded through
				  Medicaid HCBS Waivers, per Oklahoma Administrative Code (OAC)
				  317:35-9-5,
				  and Section 1915(c) of the Social Security Act. Specific Waivers include
				  service recipients who receive:
(1) daily
				  living supports, per OAC
				  317:40-5-150;
				  or
(2) group home services, per OAC
				  317:40-5-152.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-23 - Specialized foster care contracted by individuals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 8 Ok Reg
					 2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended
					 at 11 Ok Reg 1935, eff 6-21-94 (emergency); Amended at 12 Ok Reg 1761, eff
					 6-12-95; Revoked at 16 Ok Reg 555, eff 12-31-98 (emergency); Revoked at 16 Ok
					 Reg 1056, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-24 - Adult Companion Services contracted by individuals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 1935, eff 6-21-94 (emergency); Amended at 12 Ok Reg 1761, eff 6-12-95; Revoked
					 at 16 Ok Reg 555, eff 12-31-98 (emergency); Revoked at 16 Ok Reg 1056, eff
					 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-24.1 - Companion Services/Adult Foster Care contracted by agency [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 1935, eff 6-21-94 (emergency); Added at 12 Ok Reg 1761, eff 6-12-95; Revoked at
					 16 Ok Reg 555, eff 12-31-98 (emergency); Revoked at 16 Ok Reg 1056, eff
					 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-24.2 - Guidelines for Department staff for Agency Companion/Adult Foster Care programs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 1935, eff 6-21-94 (emergency); Added at 12 Ok Reg 1761, eff 6-12-95; Revoked at
					 16 Ok Reg 555, eff 12-31-98 (emergency); Revoked at 16 Ok Reg 1056, eff
					 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-25 - Service authorization/client services/service provisions/residential services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 8 Ok Reg
					 2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended
					 at 12 Ok Reg 429, eff 1-1-95 (emergency); Amended at 12 Ok Reg 3460, eff 7-1-95
					 (emergency); Amended at 13 Ok Reg 2203, eff 6-14-96; Revoked at 24 Ok Reg 2201,
					 eff 6-25-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-26 - Health and wellness

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and
				  applicability.
Oklahoma Administrative Code (OAC) 340:100-5-26 applies
				  to service recipients receiving services funded by Developmental Disabilities
				  Services (DDS) or Home and Community-Based Services (HCBS) Waivers that promote
				  health and well-being.
(1) Oklahoma State
				  Department of Health (OSDH) guidelines for universal precautions, and infection
				  control practices are used to prevent the transmission of communicable
				  diseases.
(2) DDS staff and
				  contract providers implement procedures to promote the health and wellness of
				  each service recipient, including procedures related to:
(A) accessing emergency medical
				  intervention;
(B) initiating first
				  aid and cardio pulmonary resuscitation (CPR), unless a Do-Not-Resuscitate
				  Consent Form is signed, per Section 3131.1 et. seq. of Title 63 of the Oklahoma
				  Statutes;
(C) promoting disease
				  prevention;
(D) addressing issues
				  associated with aging;
(E)
				  medication administration, per OAC
				  340:100-5-32;
(F) health related services, per OAC
				  340:100-5-26.3;
(G) assisting the service recipient to access
				  medical and dental services when needed; and
(H) identifying and addressing service
				  recipient needs, per OAC
				  340:100-5-50
				  through
				  340:100-5-58.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-26.1 - Psychotropic medication

Current through Vol. 41, No. 20, July 1, 2024
(a) Oklahoma
				  Administrative Code (OAC)
				  340:100-5-26.1 applies to service
				  recipients receiving:
(1) community
				  residential supports per OAC
				  340:100-5-22.1;
(2) group home services per OAC 340:100-6;
				  or
(3) behavioral supports in Level
				  D group homes.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-26.2 - End-of-life issues

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
Rules in this Section are established to support the
				  decisions of persons receiving services from Developmental Disabilities
				  Services (DDS) regarding end-of-life issues. DDS affirms life and regards dying
				  as a normal process. DDS encourages each person to fully exercise his or her
				  rights and make decisions about end-of-life issues that allow the person to
				  live with dignity and comfort.
(b)
Applicability.
Rules in this Section apply to DDS staff and
				  contracted service providers licensed or funded through DDS Home and
				  Community-Based Services Waivers or DDS state services and serve a person who
				  is certified by a physician to be terminally ill. A person is considered
				  terminally ill when he or she has a medical prognosis of life expectancy of six
				  months or less.
(c)
End-of-life services.
When a person is diagnosed by a physician
				  with a terminal illness, referred for hospice services, or a Do-Not-Resuscitate
				  Consent Form is signed per Section 3131.1 et.seq. of Title 63 of the Oklahoma
				  Statutes, the case manager holds a Personal Support Team (Team) meeting within
				  five working days to review the person's needs, services, and supports.
(d)
DDS Case manager
				  responsibilities.
When the person, guardian, or next of kin elects
				  hospice care, the case manager:
(1)
				  identifies resources, including funding available, prior to selection of a
				  hospice provider;
(2) notifies the
				  DDS state office programs administrator or designee and assigned DDS nurse,
				  when applicable, that hospice care is elected;
(3) arranges to meet with Team members and
				  the hospice provider to develop a treatment plan;
(4) integrates the hospice treatment plan
				  into the Individual Plan (Plan) and amends the plan of care to terminate
				  services no longer needed and add needed services; and
(5) ensures DDS does not duplicate services
				  provided by hospice.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-26.3 - Health-related services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and
				  applicability.
The rules in this Section apply to persons with mental
				  retardation who:
(1) receive Home and
				  Community-Based Waiver Services or state-funded Developmental Disabilities
				  Services Division (DDSD) services; and
(2) have a need for health-related service or
				  supportive assistance that the Personal Support Team (Team) has identified
				  according to OAC
				  340:100-3-33.1
				  and
				  340:100-5-50
				  through
				  340:100-5-58.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-27 - Skilled nursing services

Current through Vol. 41, No. 20, July 1, 2024
The DHS provides skilled nursing services in the community
					 to those individuals determined to be in need of such services as a result of
					 the interdisciplinary team process. These services will be provided contingent
					 upon availability of adequate resources.
(1) The skilled nursing services provided
				  include but are not limited to:
(A)
				  Continuous, consistent and accurate assessments documenting any changes in the
				  patients physical or mental status;
(B) Reports of all significant observations
				  or changes in physical or mental status or needs of the individual and
				  maintenance of the plan of care based on these reports;
(C) Administers medication only as ordered
				  and specified by the attending physician;
(D) Documentation of medication
				  administration, responses, adverse reactions or explanations;
(E) Current and accurate medication
				  records;
(F) Current and daily
				  documentation of individual's status and duties as outlined in the nurse care
				  plan;
(G) Annual nursing
				  assessments and any needed interim written nursing assessments;
(H) Implementation of written plan of
				  care;
(I) Consistently high
				  standards of professionalism and initiative contributing to the quality of
				  care; and
(J) Leadership,
				  supervision, training, motivation and initiative.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-28 - Community health services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg
					 2215, eff 5-18-92 (emergency); Added at 10 Ok Reg 1403, eff 4-26-93; Amended at
					 10 Ok Reg 2505, eff 5-24-93 (emergency); Revoked at 11 Ok Reg 177, eff 10-11-93
					 (emergency); Revoked at 11 Ok Reg 2303, eff
					 5-26-94
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-29 - Monitoring for tardive dyskinesia

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and
				  applicability.
Developmental Disabilities Services (DDS) provides
				  training for staff to regularly assess, monitor, and inform service recipients
				  who are at risk for tardive dyskinesia (TD). Monitoring for TD applies to all
				  service recipients who receive medication associated with a risk of TD.
				  Providers of residential services funded by Oklahoma Human Services DDS or
				  Oklahoma Health Care Authority have primary responsibility for implementation
				  of OAC 340:100-5-29. Providers of other
				  types of supports inform service recipients and encourage the implementation of
				  OAC 340:100-5-29. Providers are
				  required to meet standards per OAC
				  340:100-3-27. Service recipients:
(1) prescribed medication associated with a
				  risk of developing TD are regularly assessed and monitored for symptoms of TD.
				  The service recipient who is prescribed such medication, parent(s) of a minor
				  service recipient, or, if applicable, service recipient's legal guardian is
				  regularly informed about the risk of TD;
(2) assessed with signs or symptoms of TD are
				  referred to the prescribing healthcare provider for further
				  evaluation;
(3) diagnosed with TD
				  by a healthcare provider, parent(s) of a minor service recipient, or, if
				  applicable, legal guardian are informed of the diagnosis; and
(4) diagnosed with TD continue to receive
				  regular assessments and monitoring regarding the status of the
				  diagnosis.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-30 - Adult day care

Current through Vol. 41, No. 20, July 1, 2024
(a) Adult day care
				  services are provided for eligible individuals 18 years of age or older who
				  were certified on or before February 29, 2000, in a sheltered workshop under a
				  day care provider contract administered by the Family Support Services
				  Division. New individuals will not be added to the program.
(b) Day care services are provided for adults
				  to:
(1) enable the person's usual caretaker to
				  receive education or training, or to obtain or retain employment;
(2) provide special training and supervision
				  to adults with developmental disabilities;
(3) provide a protective environment when
				  necessary;
(4) enable the person
				  with mental retardation to experience a social development process not
				  available in the home; or
(5) help
				  prevent unnecessary institutionalization.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-31 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 19 Ok Reg
					 2948, eff 8-1-02 (emergency); Reserved at 20 Ok Reg 936, eff
					 6-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-32 - Medication administration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
OAC 340:100-5-32 sets forth requirements that enable
				  service recipients to receive medication in the safest possible
				  manner.
(b)
Applicability.
OAC 340:100-5-32 applies to Developmental
				  Disabilities Services Division (DDSD) staff and service providers who are
				  contracted, licensed, or funded through a Home and Community-Based Services
				  Waiver or DDSD state funds and their employees who administer medication or
				  assist with a medication support plan for a service recipient receiving
				  community services, including employment service providers.
(c)
General requirements.
Administration of medication is managed in accordance with applicable Oklahoma
				  Department of Human Services (OKDHS) rules and federal and state laws.
(1) Every service recipient is free from
				  unnecessary use of medication.
(2)
				  No medication is used for the convenience of staff or as a substitute for
				  positive supports or program.
(3)
				  Use of psychotropic medications and associated medication reviews must follow
				  requirements per OAC
				  340:100-5-26.1.
(4) Form 06MP046E, Incident Report, and
				  follow-up must be completed when a medication event occurs, per OAC
				  340:100-3-34.
				  The service recipient's Personal Support Team (Team) reviews all medication
				  incident reports and revises the service recipient's medication support plan
				  when needed.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-33 - Medication events

Current through Vol. 41, No. 20, July 1, 2024
(a) Contract
				  provider staff completes Form 06MP046E, Incident Report, when there is a
				  medication event per OAC
				  340:100-3-34.
(b) The service recipient's health care
				  coordinator completes a monthly summary of medication events on Form 06HM006E,
				  Health Status and Medication Review.
(c) The Developmental Disabilities Services
				  Division (DDSD) registered nurse (RN) health review:
(1) provides oversight to determine whether
				  the service recipient's health care needs are met in accordance with the
				  service recipient's identified health concerns; and
(2) identifies problems and makes
				  recommendations to the provider agency and DDSD case manager for appropriate
				  action.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-34 - Services for persons with Prader-Willi Syndrome (PWS)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal basis.
Section
				  1020
				  of Title 56 of the Oklahoma Statutes authorizes the Oklahoma Department of
				  Human Services (DHS) to provide community services for persons with PWS.
(b)
Applicability.
The rules in this Section apply to services provided through (DHS) and
				  Developmental Disabilities Services (DDS) to persons with PWS through funds
				  appropriated by the Oklahoma Legislature.
(c)
General information.
Services for persons with PWS are intended to meet the service recipients'
				  specialized needs. DHS provides a monthly payment to the contracted-
				  residential provider to:
(1) ensure each
				  service recipient participates in regular recreation, leisure, and exercise
				  activities at home and in the community;
(2) provide program coordination staff who
				  serve no more than 12 service recipients within a 40-mile radius. The program
				  coordinator must visit each home at least four times per month when the service
				  recipient is present, and one of the visits must occur during night-time hours;
(3) assess the service recipient's
				  progress and challenges related to activities of daily living and safety and
				  provide a written summary to the case manager 30-calendar days prior to the
				  annual Individual Plan (Plan) meeting;
(4) ensure program coordination staff attend
				  an annual PWS conference and provide the direct service staff at least one hour
				  per month of PWS- related training;
(5) ensure service recipients are provided
				  specialized diets, per his or her Plan;
(6) ensure the service recipient's exercise
				  program is implemented and he or she is provided access to exercise equipment
				  and classes, per his or her Plan;
(7) work with the service recipient and his
				  or her team to develop a plan to replace property damaged by a service
				  recipient at no cost to DHS;
(8)
				  assist service recipients to conduct safety and evacuation drills, per Oklahoma
				  Administrative Code (OAC)
				  340:100-5-22.1;
				  and
(9) ensure the service
				  recipient's home is safe and secured, per his or her plans.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-35 - Non-Residential Habilitation Training Specialist (HTS) services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Habilitation
				  Training Specialist (HTS) services, per OAC
				  317:30-5-482,
				  are authorized per OAC
				  317:40-5-110
				  or
				  317:40-5-111
				  and OAC
				  340:100-3-33
				  and applies to nonresidential HTS services provided to service recipients not
				  receiving community residential or group home services, per OAC
				  340:100-5-22.1
				  or OAC 340:100-6.
(b)
General
				  information.
(1) Non-residential HTS
				  services are authorized:
(A) as a result of
				  needs identified by the Developmental Disabilities Services (DDS) Personal
				  Support Team (Team) and informed selection by the service recipient;
(B) only during periods when staff are
				  engaged in purposeful activity that directly or indirectly benefits the service
				  recipient;
(C) when directed toward
				  the development or maintenance of a skill in order to achieve a specifically
				  stated outcome; and
(D) when the
				  service provided is not a function that the parent would provide for the
				  individual without charge as a matter of course in the relationship among
				  members of the nuclear family when the member resides in a family
				  home.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-35.1 - Habilitation training specialist (HTS) services in acute care hospitals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
HTS services, per Oklahoma Administrative Code
				  (OAC) 317:30-5-482, are authorized, per
				  OAC 317:40-5-110 or
				  317:40-5-111, and OAC
				  340:100-3-33; and apply to HTS
				  services provided to service recipients receiving community residential
				  supports, group home services, and in non-residential settings, per OAC
				  340:100-5-22.1, 340:100-6, and
				  340:100-5-35.
(b)
General information.
(1) HTS services are authorized in an acute
				  care hospital per the 21st Century Cares Act when the service is:
(A) identified in an individual's
				  person-centered plan of services and supports;
(B) provided to meet needs of the individual
				  that are not met through the provision of hospital services;
(C) not a substitute for services the
				  hospital is obligated to provide through its conditions of participation or
				  under federal or state law; and
(D)
				  designed to ensure smooth transitions between acute care settings and home and
				  community-based settings, and to preserve the individual's
				  functions.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 3 - SERVICE PROVISIONS › Section 340:100-5-36 - Community maintenance services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Supplemental property replacement.
When funding is available, a
				  maximum of $300 per service recipient per fiscal year is reimbursed for
				  replacement of unusable, necessary furniture or appliances. Necessary furniture
				  and appliances include refrigerators, stoves, washers, dryers, dining tables
				  and chairs, sofas, love seats, chairs and recliners, beds, dressers, or chests
				  of drawers. The Oklahoma Department of Human Services (DHS) provides a payment
				  to the contracted residential provider agency to establish and maintain
				  community households per Section
				  331
				  of Title 61 of the Oklahoma Statutes (61 O.S. §
										331
				  ). To be eligible the service recipient must receive community residential
				  supports services per Oklahoma Administrative Code
				  340:100-5-22.1.
(1) The provider agency submits a written
				  property replacement request to the case manager that includes:
(A) the furniture or appliance to be
				  purchased;
(B) the reason the item
				  is necessary;
(C) the age of the
				  furniture or appliance to be replaced; and
(D) verification that other resources are not
				  available to purchase the item.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-50 - Principles of individual planning

Current through Vol. 41, No. 20, July 1, 2024
The intent of Developmental Disabilities Services (DDS) is
					 to secure services and supports for persons with developmental disabilities to
					 live, work, and participate in their communities. The principles in this
					 Section provide direction and purpose in designing services and supports for
					 persons with developmental disabilities.
(1) Understanding the ways a person with a
				  developmental disability communicates with others is critical. Case managers,
				  program coordinators, and other involved Personal Support Team (Team) members
				  must actively solicit, listen to, and respond to the person's needs, ideas, and
				  choices, whether communicated verbally or non-verbally.
(2) DDS employs a person-centered planning
				  process that is an individually focused approach identifying the needs,
				  preferences, goals, and desired outcomes of the person receiving services.
(3) The Individual Plan (Plan)
				  process ensures people receiving services have access to quality services and
				  supports that foster:
(A) independence,
				  learning, and growth;
(B) choices
				  in everyday life;
(C) meaningful
				  relationships with family, friends, and neighbors;
(D) presence and full participation in his or
				  her community;
(E) dignity and
				  respect;
(F) positive approaches
				  focused on skill enhancement; and
(G) health and safety.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-51 - Individual assessment

Current through Vol. 41, No. 20, July 1, 2024
An individual assessment process forms the basis for
					 developing an Individual Plan (Plan).
(1) Psychological, medical, social, and
				  functional assessments are completed prior to the development of an initial
				  Plan.
(2) The medical, social, and
				  functional assessments are reviewed and updated at least annually.
(3) Consistent with the service
				  recipient-directed focus of planning, the Developmental Disabilities Services
				  (DDS) case manager ensures completion or update of a person-centered assessment
				  , and necessary assessments to support the need for services, with the service
				  recipient at least annually, to form the basis for developing the Plan of Care.
(A) Assessments address the service
				  recipient's needs and choices for supports and services related to:
(i) personal relationships;
(ii) home;
(iii) employment, education, or both;
(iv) transportation;
(v) health and safety;
(vi) leisure;
(vii) social skills; and
(viii) communication.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-52 - Personal Support Team (Team)

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  Team is composed of people selected by the service recipient who know and work
				  with the service recipient or whose participation is necessary to achieve the
				  service recipient's desired outcomes.
(1) To
				  respect the service recipient's dignity and privacy, the Team is no larger than
				  is necessary to plan and implement the services needed to achieve the service
				  recipient's desired outcomes. The Team is large enough to possess the expertise
				  and capacity necessary to address the service recipient's needs, but not as
				  large as to intimidate the service recipient or to stifle the service
				  recipient's participation or that of his or her representatives.
(2) The core Team includes the service
				  recipient, his or her case manager, the legal guardian, and advocate(s), when
				  applicable and, who may be a parent, family member, friend, or another
				  individual who knows the service recipient well. The service recipient is
				  assured of his or her opportunity to select an individual to serve as an
				  advocate.
(3) Depending on the
				  service recipient's needs and the issues addressed, the Team may include
				  others. The selection of these additional Team members reflects the service
				  recipient's choices.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-53 - Individual Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The Individual
				  Plan (Plan) is a written document that describes the services necessary for the
				  health and welfare, the outcomes desired by the service recipient and the
				  services and supports necessary to achieve those outcomes. Each Plan includes:
(1) basic demographic information, including
				  emergency information and health and safety concerns;
(2) assessment information;
(3) description of services and supports
				  identified by the Personal Support Team;
(4) outcomes to be achieved;
(5) action steps or methods to achieve the
				  outcomes, including:
(A) means to assess
				  progress; and
(B) names of persons
				  or agency positions responsible for implementing each part of the
				  Plan;
(6) community
				  participation strategies and activities;
(7) identification of needed
				  individual-specific staff training, with required time frames for completion,
				  per OAC
				  340:100-3-38;
				  and
(8) medication support plan,
				  per OAC
				  340:100-5-32.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-54 - Planning for obstacles

Current through Vol. 41, No. 20, July 1, 2024
Occasionally people may encounter obstacles that interfere
					 with their ability to grow and participate in the community. All people have
					 problems, conflicts, and other challenges from time to time. Learning to handle
					 these challenges in a manner that is constructive and not self-destructive or
					 harmful to others is essential. DDSD is committed to early intervention and
					 prevention when behavioral or emotional challenges occur, to prevent the
					 escalation of these problems.
(1)
				  Events such as the loss of a loved one, change in roommates, staff or
				  schedules, or the loss of a job may trigger a crisis. The case manager and
				  program coordinator anticipate the reaction of a person receiving services to
				  such a crisis and provide immediate assistance which may include:
(A) linking the person with immediate support
				  or assistance to resolve or cope with the crisis.
(B) referring the person or family to a
				  counselor or family service agency to help them cope with the loss of a loved
				  one during the grieving process.
(C) using problem-solving skills to identify
				  and resolve factors contributing to the crisis.
(D) discussing and facilitating adjustments
				  in the person's life and reflecting those changes in the Individual
				  Plan.
(E) increasing the number of
				  contacts with the person to help him or her cope with transition to new staff,
				  places, programs, or providers.
(F)
				  identifying and arranging for productive and fulfilling ways to fill the
				  person's time when jobs or other vocational activities are
				  terminated.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-55 - Person-centered assessment [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg
					 2136, eff 5-5-98 (emergency); Added at 16 Ok Reg 1056, eff 4-26-99; Revoked at
					 19 Ok Reg 2948, eff 8-1-02 (emergency); Revoked at 20 Ok Reg 936, eff
					 6-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-56 - Risk assessment

Current through Vol. 41, No. 20, July 1, 2024
The personal support team (Team) completes an assessment
					 that identifies:
(1) potential areas
				  where the service recipient's safety is at risk, including physical, emotional,
				  medical, financial, legal risks, or risk to community participation; and
(2) when, where, and how often the
				  risk to safety may occur;
(3) the
				  approaches, supports, services, and the actions needed or used to reduce or
				  eliminate the risk, including:
(A) assisting
				  the service recipient in having as much control and decision-making abilities
				  as possible;
(B) changes in the
				  environment to reduce stressors;
(C) communication between team
				  members;
(D) consistency of
				  provider-agency support staff;
(E)
				  daily activities;
(F) frequency and
				  quality of supervision;
(G)
				  offering positive activities;
(H)
				  prescribing staff training when additional training is needed;
(I) recognition of early signs or indicators
				  of potential risks;
(J) skill
				  building;
(K) supporting the
				  individual in communicating choices;
(L) teaching coping skills;
(M) temporarily avoiding situations too
				  difficult or uncomfortable for the service recipient; and
(N) understanding how and what the person is
				  communicating.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-57 - Protective intervention protocol (PIP)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of aPIP
				  is to ensure the service recipient's safety, when physical, emotional, medical,
				  financial, legal, or community participation issues place him or her at
				  risk.
(b)
PIP
				  elements.
The PIP is part of the Individual Plan (Plan) developed with
				  the participation of the service recipient and Personal Support Team (Team).
				  The PIP:
(1) uses the least restrictive
				  approaches necessary to address safety risks identified in the safety risk
				  assessment per Oklahoma Administrative Code (OAC)
				  340:100-5-56;
(2) identifies the early signs, clues, or
				  other indicators of potential safety risks;
(3) describes preventative supports,
				  services, and actions to take in order to reduce or eliminate safety
				  risks;
(4)  describes detailed
				  instructions and procedures taken by staff and Team members during a situation
				  that places the safety of the service recipient or others at risk, including
				  procedures to:
(A) keep the service recipient
				  and others as safe as possible;
(B)
				  defuse, reduce, or eliminate harm or injury; and
(C) secure Team or provider agency staff
				  assistance;
(5) includes
				  outcomes targeting skill enhancement, health improvement, choice making,
				  meaningful relationship development, and community participation;
(6) describes teaching methods in sufficient
				  detail to provide clear direction to provider agency support staff to assist
				  the service recipient to learn relevant skills;
(7) identifies methods and time frames to
				  evaluate the PIP's effectiveness;
(8) is revised when circumstances change or
				  the PIP is no longer effective;
(9)
				  treats the service recipient with dignity and is reasonable, humane, practical,
				  not controlling, and the least restrictive alternative; and
(10) is reviewed by the Team to determine if
				  the PIP meets OAC 340:100-5-57 requirements. Team review and approval is
				  documented in the Plan.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-57.1 - Reporting and monitoring use of restrictive or intrusive procedures or emergency interventions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 97,
					 eff 10-16-02 (emergency); Added at 20 Ok Reg 936, eff 6-1-03; Amended at 25 Ok
					 Reg 986, eff 5-15-08
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 5 - Client Services › Part 5 - INDIVIDUAL PLANNING › Section 340:100-5-58 - Prohibited procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Corporal
				  punishment, defined as the application of painful stimuli to the body as a
				  penalty including, but not limited to, hitting, pinching, or other infliction
				  of pain, is prohibited.
(b) The use
				  of words, sounds, or other forms of communication to humiliate, intimidate, or
				  cause fear, embarrassment, shame, or degradation to the person receiving
				  services is prohibited, including shouting, screaming, swearing, name calling,
				  threatening, making demeaning gestures, and any other activity damaging to a
				  person's self-respect.
(c)
				  Seclusion, defined as the placement of a person alone in a locked room, is
				  prohibited.
(d) Totally enclosed
				  cribs are prohibited.
(e) Persons
				  receiving services do not discipline other people receiving services.
(f) Aversive conditioning procedures, such as
				  the application of unpleasant, startling, or painful stimuli that have a
				  potentially noxious effect, including shock, ammonia, or Tabasco sauce, are
				  prohibited.
(g) Withholding meals,
				  breaks, sleep, or the opportunity to maintain personal hygiene is
				  prohibited.
(h) Involuntary
				  forfeiture of money or personal property is prohibited.
(i) Physical restraint procedures are
				  prohibited in community services.
(j) Use of exclusionary time out or time out
				  rooms is prohibited, except by written permission of the director of the
				  Developmental Disabilities Services Division (DDSD) for specific individuals
				  residing at the Greer Center.
(k)
				  Face-down physical restraint is prohibited.
(l) Mechanical restraints are prohibited,
				  except as a medical restraint when absolutely necessary to promote healing or
				  prevent injury during or following a medical procedure.
(1) Medical mechanical restraints are
				  prescribed by a physician.
(2)
				  Physician orders for medical mechanical restraints are time-limited to:
(A) 12 hours for a person served in a
				  resource center.
(B) 12 hours in
				  programs other than a resource center or the Greer Center, unless a longer
				  period is authorized by the physician.
(3) Use of mechanical restraints is reviewed
				  by the DDSD registered nurse every 24 hours.
(4) Exceptions to the policy regarding the
				  use of mechanical restraints may only be approved in writing by the director of
				  DDSD or designee following review and approval in accordance with OAC
				  340:100-3-14.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 6 - Group Home Regulations › Part 1 - GENERAL PROVISIONS › Section 340:100-6-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Revoked at
					 24 Ok Reg 1046, eff 5-11-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 6 - Group Home Regulations › Part 1 - GENERAL PROVISIONS › Section 340:100-6-2 - Legal base, purpose, and definitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal base.
Section
				  1430.1 et
				  seq. of Title 10 of the Oklahoma Statutes, Group Homes for Persons with
				  Developmental or Physical Disabilities Act, mandates Oklahoma Department of
				  Human Services (OKDHS) to establish licensure requirements for such group homes
				  and to otherwise implement the requirements of this Act.
(b)
Purpose.
OAC 340:100-6 sets
				  forth licensure requirements, standards, and provisions for group homes for
				  persons with developmental or physical disabilities.
(c)
Definitions.
The following
				  words and terms, when used in this Subchapter, shall have the following
				  meaning, unless the context clearly indicates otherwise:
(1)
"Abuse"
means causing or
				  permitting:
(A) infliction of physical pain,
				  injury, sexual abuse, sexual exploitation, unreasonable restraint or
				  confinement, or mental anguish; or
(B) deprivation of nutrition, clothing,
				  shelter, health care, or other care or services without which serious physical
				  or mental injury is likely to occur to a resident of a group home by a
				  caretaker or other person providing servicesto a resident of a group
				  home.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 6 - Group Home Regulations › Part 3 - STANDARDS › Section 340:100-6-10 - License or contract required

Current through Vol. 41, No. 20, July 1, 2024
(a) It is unlawful
				  for any person or organization to operate a group home per Sections
				  1430.1 through
				  1430.41 of Title 10 of the
				  Oklahoma Statutes (10 O.S. §§ 1430.1 through 1430.41) without a
				  license from Oklahoma Human Services (OKDHS) Developmental Disabilities
				  Services (DDS). Providers who have a current contract to provide:
(1) group home services with OKDHS DDS;
				  or
(2) Home and Community-Based
				  Waiver group home services with Oklahoma Health Care Authority are deemed
				  licensed.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 6 - Group Home Regulations › Part 3 - STANDARDS › Section 340:100-6-11

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at
					 24 Ok Reg 1046, eff 5-11-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 100 - Developmental Disabilities Services › Subchapter 6 - Group Home Regulations › Part 3 - STANDARDS › Section 340:100-6-12

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at
					 24 Ok Reg 1046, eff 5-11-07; Amended at 28 Ok Reg 897, eff
					 6-1-11