1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 2nd Session of the 59th Legislature (2024) |
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4|COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
5|SENATE BILL NO. 1419 By: Gollihare of the Senate |
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6| and |
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7| Boatman of the House |
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8| |
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9| COMMITTEE SUBSTITUTE |
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10| [ state Medicaid program - program - standards - |
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11| reimbursement - rules - application - Home Care Act |
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12| codification - effective date - emergency ] |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| 2. "Home care agency" and "skilled care" have the same meanings |
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2|as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes; |
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3|and |
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4| 3. "Member" and "enrollee" mean a person under the age of |
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5|twenty-one (21) who is currently eligible for SoonerCare and |
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6|approved to receive private duty nursing hours or paid family |
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7|caregiver benefits in lieu of private duty nursing services. |
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8| B. Not later than one (1) year after the effective date of this |
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9|act and subject to receipt of federal approval for the program, the |
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10|Oklahoma Health Care Authority shall establish a program under which |
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11|a family member of a Medicaid enrollee may be recognized as a family |
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12|caregiver and, after receiving such recognition, may, under the |
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13|direction and supervision of a registered nurse, provide services to |
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14|the enrollee through a licensed home care agency under the |
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15|reimbursement rates established under subsection F of this section, |
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16|provided that the enrollee qualifies for such services under the |
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17|state Medicaid program. |
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18| C. 1. The program established under this section shall require |
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19|the family caregiver to fulfill such requirements or meet such |
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20|qualifications as may be prescribed by the Oklahoma Health Care |
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21|Authority Board. Such requirements shall include, but not be |
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22|limited to, completion of a criminal history background check. |
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1| 2. The Board may prescribe standards for training, competency |
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2|evaluation, and such other requirements or qualification criteria as |
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3|the Board deems necessary and appropriate. |
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4| D. The Board shall establish scope of practice standards and |
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5|restrictions for services that a recognized family caregiver may |
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6|provide to a Medicaid enrollee. The scope of practice may include |
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7|necessary and appropriate skilled care tasks. In establishing such |
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8|standards and restrictions, the Board shall consider the advice of |
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9|the State Department of Health. |
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10| E. It shall be the duty of the home care agency to ensure that |
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11|a recognized family caregiver meets the qualifications and |
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12|requirements prescribed by this section and rules promulgated by the |
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13|Board. |
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14| F. Reimbursable services provided by a recognized family |
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15|caregiver under the program established under this section shall be |
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16|reimbursed to a home care agency at a rate established by the |
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17|Authority. |
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18| G. 1. The Board shall promulgate rules as necessary to |
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19|implement this section. |
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20| 2. The Administrator of the Authority shall apply for such |
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21|state plan amendments or waivers as may be necessary to implement |
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22|this section and to secure federal financial participation for state |
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23|Medicaid expenditures under the federal Medicaid program. |
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24| |
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1| SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1961, is |
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2|amended to read as follows: |
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3| Section 1-1961. As used in the Home Care Act: |
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4| 1. "Board" means the State Board of Health; |
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5| 2. "Certification" means verification of appropriate training |
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6|and competence established by the State Commissioner of Health by |
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7|rules promulgated pursuant to the Home Care Act for home health |
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8|aides and home care agency administrators; |
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9| 3. "Department" means the State Department of Health; |
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10| 4. "Healthcare Health care provider" means a physician, |
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11|physician assistant or Advanced Practice Registered Nurse recognized |
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12|by the Oklahoma Board of Nursing as a Certified Nurse Practitioner |
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13|certified nurse practitioner or a Clinical Nurse Specialist clinical |
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14|nurse specialist; |
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15| 5. "Home care agency" means any sole proprietorship, |
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16|partnership, association, corporation or other organization which |
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17|administers, offers or provides home care services, for a fee or |
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18|pursuant to a contract for such services, to clients in their place |
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19|of residence. The term "home care agency" home care agency shall |
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20|not include: |
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21| a. individuals who contract with the Department of Human |
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22| Services to provide personal care services, provided |
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23| such individuals shall not be exempt from |
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24| certification as home health aides, |
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1| b. organizations that contract with the Oklahoma Health |
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2| Care Authority as Intermediary Services Organizations |
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3| (ISO) intermediary service organizations (ISOs) to |
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4| provide federal Internal Revenue Service fiscal and |
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5| supportive services to Consumer-Directed Personal |
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6| Assistance Supports and Services and Supports |
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7| (CD-PASS) waiver program participants who have |
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8| employer responsibility for hiring, training, |
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9| directing and managing an individual personal care |
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10| attendant, or |
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11| c. CD-PASS waiver program employer participants; |
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12| 6. "Home care services" means skilled or personal care services |
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13|provided to clients in their place of residence for a fee; |
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14| 7. "Home health aide" means an individual who provides personal |
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15|care to clients in their temporary or permanent place of residence |
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16|for a fee; |
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17| 8. "Home care agency administrator" means a person who |
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18|operates, manages, or supervises, or is in charge of a home care |
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19|agency; |
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20| 9. "Personal care" means assistance with dressing, bathing, |
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21|ambulation, exercise or other personal needs; |
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22| 10. "Skilled care" means home care services performed on a |
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23|regular basis by: |
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1| a. a trained Respiratory Therapist/Technician or by |
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2| respiratory therapist/technician, |
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3| b. a person currently licensed by this state including |
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4| but not limited to a Licensed Practical Nurse licensed |
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5| practical nurse, Registered Nurse registered nurse, |
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6| Physical Therapist physical therapist, Occupational |
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7| Therapist occupational therapist, Speech Therapist |
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8| speech therapist, or Social Worker social worker, or |
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9| c. for the exclusive purpose of the program established |
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10| under Section 1 of this act and subject to the scope |
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11| of practice standards and restrictions established by |
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12| the Authority under Section 1 of this act, a family |
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13| member of a Medicaid enrollee who is recognized by the |
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14| Authority as a family caregiver; |
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15| 11. "Standby assistance" means supervision of client-directed |
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16|activities with verbal prompting and infrequent, incidental hands-on |
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17|intervention only; and |
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18| 12. "Supportive home assistant" means an individual employed by |
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19|a home care agency who provides standby assistance to ambulatory |
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20|clients, in conjunction with other companionship or homemaker |
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21|services, in the temporary or permanent place of residence of the |
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22|client for a fee. |
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23| SECTION 3. This act shall become effective July 1, 2024. |
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1| SECTION 4. It being immediately necessary for the preservation |
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2|of the public peace, health or safety, an emergency is hereby |
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3|declared to exist, by reason whereof this act shall take effect and |
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4|be in full force from and after its passage and approval. |
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6|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated |
|04/11/2024 - DO PASS, As Amended. |
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