Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 40 - Developmental Disabilities Services › Subchapter 7 - Employment Services Through Home and Community-Based Services Waiver › Section 317:40-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise.
"Commensurate wage"
means wages paid to a worker
				  with a disability based on the worker's productivity in proportion to the wages
				  and productivity of workers without a disability performing essentially the
				  same work in the same geographic area. Commensurate wages must be based on the
				  prevailing wage paid to experienced workers without disabilities doing the same
				  job.
"Competitive integrated employment"
means work
				  in the competitive labor market performed on a full-time or part-time basis in
				  integrated community settings. The individual is compensated at or above
				  minimum wage, but not less than the customary wage and level of benefits paid
				  by the employer for the same or similar work performed by individuals without
				  disabilities. Competitive employment is an individual placement.
"Employment assessment"
means the evaluation
				  that identifies the unique preferences, strengths, and needs of members in
				  relation to work. The assessment determines work skills and work behaviors, is
				  supplemented by personal interviews and behavioral observations, and
				  incorporates information that addresses the member's desired medical, physical,
				  psychological, social, cultural, and educational outcomes, as well as present
				  and future employment options. The assessment is updated annually or more
				  frequently as needed, and includes support needs, environmental preferences,
				  and possible accommodations.
"Enhanced rate"
means a differential rate
				  established to provide an incentive to provider agencies to provide community
				  employment services to members with significant needs.
"Group placement"
means either two (2) to three
				  (3) workers with disabilities making minimum wage or four (4) to five (5)
				  workers with disabilities who may earn less than minimum wage situated close
				  together, who are provided continuous, long-term training and support in an
				  integrated job site. Members may be employed by the company or by the provider
				  agency. The terms "work crew" and "enclave" also describe a group placement.
"Individual placement in community-based
				  services"
means the member is provided supports that enable him or her
				  to participate in approved community-based activities per Oklahoma
				  Administrative Code
				  317:40-7-5,
				  individually and not as part of a group placement.
"Individual placement in job coaching services"
means one member receiving job coaching services, who:
(A) Works in an integrated job setting;
(B) Receives minimum wage or more;
(C) Does not receive services from a job coach who is
				  simultaneously responsible for continuous job coaching for a group;
(D) Is employed by a community employer or the provider
				  agency; and
(E) Has a job description that is specific to his or her
				  work.
"Integrated employment site"
means an activity
				  or job that provides regular interaction with people without disabilities,
				  excluding service providers, to the same extent that a worker without
				  disabilities in a comparable position interacts with others.
"Job coach"
means an individual who holds a
				  DDS-approved training job coach certification and provides ongoing support
				  services to eligible persons in supported employment placements. Services
				  directly support the member's work activity including marketing and job
				  development, job and work site assessment, training and worker assessment, job
				  matching procedures, development of co-worker natural and paid supports, and
				  teaching job skills.
"Job sampling"
means a paid situational
				  assessment whereby a member performs a job at a prospective employer's
				  integrated job site in order to determine the member's interests and abilities.
				  Situational assessments adhere to the Department of Labor (DOL) regulations
				  regarding wages. The Personal Support Team determines the appropriate type and
				  number of situational assessments for each member.
"On-site supports"
means a situation in which
				  the job coach is physically at the job site providing job training to a
				  member.
"Situational assessment"
means a comprehensive
				  community-based evaluation of the member's functioning in relation to the
				  supported job including the job site, community through which the member must
				  travel to and from the job, and those at the job site, such as the job coach,
				  co-workers, and supervisors.
"Sub-contract with industry"
means the provider
				  agency enters into a sub-contract with an industry or business to pay industry
				  employees to provide supports to members. When the industry agrees, the
				  provider agency may contract directly with an industry employee(s) to provide
				  the services. The state continues to pay the provider agency and the agency
				  provides all pertinent information required for persons served by the agency.
				  The Team determines what, if any, training is required for the employees of the
				  industry providing services.
"Supported employment"
means competitive work in
				  an integrated work setting with ongoing support services for members for whom
				  competitive employment has not traditionally occurred or was interrupted or
				  intermittent as a result of the member's disabilities.
"Unpaid training"
means unpaid experience in
				  integrated employment sites per Sections 785.27 through 785.32 of Title 29 of
				  the Code of Federal Regulations (29 C.F.R. §§
										785.27 through
				  785.32) .
				  Members do a variety of tasks that do not equal the full job description of a
				  regular worker.
"Volunteer job"
means an unpaid activity in
				  which a member freely participates.
Added at 15 Ok Reg 3873,
				  eff 7-1-98 (emergency); Added at 16 Ok Reg 1445, eff 5-27-99; Amended at 18 Ok
				  Reg 2985, eff 5-17-01 (emergency); Amended at 19 Ok Reg 1090, eff 5-13-02;
				  Amended at 21 Ok Reg 1327, eff 5-27-04; Amended at 22 Ok Reg 2531, eff 7-11-05;
				  Amended at 23 Ok Reg 624, eff 12-1-05 (emergency); Amended at 23 Ok Reg 1405,
				  eff 5-25-06