Oklahoma § 56-198.11 - Oklahoma Consumer-Directed Personal Assistance and

§ 56-198.11. Oklahoma Consumer-Directed Personal Assistance and

Support Services (Oklahoma CD-PASS) Act – Purposes – Legislative

findings.

A. Sections 1 and 2 of this act shall be known and may be cited

as the “Oklahoma Consumer-Directed Personal Assistance and Support

Services (Oklahoma CD-PASS) Act”.

B. The purposes of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Act are to:

1. Provide assistance, on a voluntary basis, to families with a

Medicaid-eligible member who requires long-term support services, or

to provide assistance to Medicaid-eligible individuals who require

long-term support services, so that such persons may remain in their

family residence or in their own home; and

2. Afford, on a voluntary basis, frail elderly individuals and

adults with disabilities who are Medicaid-eligible and who need

basic assistance with mobility, self-care and health maintenance,

the ability to have maximum control over the selection of persons

working on their behalf and over the manner in which personal

assistance services are to be provided to them.

C. The Oklahoma Legislature finds that:

1. Providing services to individuals needing in-home and

community-based care, as well as providing assistance to their

family members, should be supported;

2. Giving recipients of in-home and community-based services

and their family members a choice in the selection of services

needed and providers to be utilized enhances a sense of dignity and

autonomy for those individuals receiving care; and

Oklahoma Statutes - Title 56. Poor Persons

3. Providing consumers and their families with choice and

control over their lives is a goal that should be supported.

D. The Oklahoma Legislature further recognizes the importance

of providing options and alternatives to persons receiving in-home

and community-based services, and as such, supports demonstration

programs that result in positive outcomes.

Added by Laws 2004, c. 285, § 1, eff. July 1, 2004.

§56-198.11a. Oklahoma Consumer-Directed Personal Assistance and

Support Services (Oklahoma CD-PASS) Act – Oklahoma Consumer-Directed

Personal Assistance and Support Services Demonstration Program –

Services included – Duties of Aging Services Division.

A. The Aging Services Division within the Department of Human

Services, upon the approval of the Centers for Medicare and Medicaid

Services, shall establish the Oklahoma Consumer-Directed Personal

Assistance and Support Services (Oklahoma CD-PASS) Demonstration

Program. The purpose of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Demonstration Program shall be to

enhance the range of choices and options for Medicaid-eligible

consumers, on a voluntary basis, who require long-term care support

services, and to assist families with a Medicaid-eligible member who

requires long-term care support services to arrange and purchase

their own personal care and related services.

B. The Oklahoma Consumer-Directed Personal Assistance and

Support Services Demonstration Program includes, but is not limited

to, the following types of services:

1.

a.

Basic services, such as getting a recipient in and out

of a bed or in or out of a wheelchair or motorized

chair, or both,

b.

Assisting with certain bodily functions, such as

bathing and personal hygiene, dressing and grooming,

and feeding including preparation and cleanup;

2. Ancillary services such as shopping and cleaning;

3. Companion-type services such as transportation, letter

writing and reading; and

4. Any other service requested by the eligible recipient

needing care and services.

C. 1. In developing the Oklahoma Consumer-Directed Personal

Assistance and Support Services Demonstration Program, the Aging

Services Division shall develop guidelines, eligibility criteria,

program performance standards, and techniques to evaluate the

outcomes of the Oklahoma Consumer-Directed Personal Assistance and

Support Services Demonstration Program.

2. The Demonstration Program, at a minimum, shall have the

following requirements:

a.

the cost in the aggregate of the services offered

through the CD-PASS Program care plan shall be equal

Oklahoma Statutes - Title 56. Poor Persons

to or less than the average cost of the Advantage

Waiver Program service or personal care plan as

applicable,

b.

the baseline level of consumer satisfaction shall be

measured by an independent third party prior to

initiation of the Demonstration Program,

c.

the scope of services offered within the CD-PASS

Program shall comply with current state statutes and

rules, and federal regulations, and

d.

program evaluation which shall include an indication

of whether:

(1) consumer satisfaction for CD-PASS Program

participants is higher than or equal to consumer

satisfaction for Advantage Waiver Program

clients, as measured by an independent third

party, and

(2) the percentage of delivered hours of the CD-PASS

Program client care plan are greater than or

equal to the percentage of delivered hours of the

Advantage Waiver Program service or personal care

plan.

D. The Aging Services Division may:

1. Consult with various federal, state and local entities in

order to fulfill the purposes of the Oklahoma Consumer-Directed

Personal Assistance and Support Services Demonstration Program;

2. Contract with entities in fulfilling the purposes of the

Oklahoma Consumer-Directed Personal Assistance and Support Services

Demonstration Program; and

3. Upon the approval of the Centers for Medicare and Medicaid

Services and the availability of funds, expand the Oklahoma

Consumer-Directed Personal Assistance and Support Services

Demonstration Program statewide if the evaluation provided for in

subsection C of this section demonstrates consumer satisfaction with

and cost effectiveness in the delivery of the Program.

E. The Commission for Human Services and the Oklahoma Health

Care Authority Board shall promulgate any rules necessary to

implement the provisions of the Oklahoma Consumer-Directed Personal

Assistance and Support Services Act.

Added by Laws 2004, c. 285, 2, eff. July 1, 2004.

§56-198.11b. Public policy - Strategic Planning Committee on the

Olmstead Decision.

A. It is the public policy of the State of Oklahoma to:

1. Recognize and support individuals with disabilities by

treating them with dignity and respect as productive members of our

society in Oklahoma;

Oklahoma Statutes - Title 56. Poor Persons

2. Acknowledge their contributions as productive and

independent citizens in the state and the useful work they perform

in their local communities;

3. Support a service delivery system for individuals with

disabilities ensuring that the individuals, their families, or

guardians are well informed as to the types of services and

resources available to such individuals in order to encourage their

independence, self-esteem, and self-worth, regardless of the

severity of the disability; and

4. Recognize that self-choice on the part of individuals with

disabilities is critical and that the most appropriate setting for

meeting their needs should be a paramount consideration when

determining appropriate placement of such individuals in communitybased programs, residential care facilities, or any other placement

or service that benefits the needs and well-being of individuals

with disabilities.

B. There is hereby created the Strategic Planning Committee on

the Olmstead Decision to continue until July 1, 2010. The purpose

of the Committee is to monitor the implementation of the

comprehensive, strategic plan for the State of Oklahoma regarding

the Olmstead Decision.

C. The Strategic Planning Committee on the Olmstead Decision

shall be composed of fifteen (15) appointed members, eighteen (18)

ex officio members, and representatives from disability-related

organizations, all of whom shall be voting members, as follows:

1.

a.

The Governor shall appoint:

(1) one person who is a community placement service

provider for persons with disabilities,

(2) one person who is an advocate for persons with

disabilities,

(3) one parent or personal representative of a person

with disabilities,

(4) one member from an organization that provides

direct care services within the Advantage Waiver

Program, and

(5) one member who is a consumer of disability

services.

b.

The President Pro Tempore of the Senate shall appoint:

(1) two members of the State Senate,

(2) two members who are consumers of disability

services, and

(3) one member with a disability who has moved from

an institutional setting into the community.

c.

The Speaker of the House of Representatives shall

appoint:

(1) two members of the House of Representatives,

Oklahoma Statutes - Title 56. Poor Persons

(2)

2.

3.

one parent or personal representative of a person

with disabilities,

(3) one member who is a consumer of disability

services, and

(4) one member with a disability who has moved from

an institutional setting into the community;

The ex officio voting members shall be:

a.

the Attorney General, or designee,

b.

the Director of the Department of Human Services, or

designee,

c.

the Division Director of the Developmental

Disabilities Division of the Department of Human

Services, if not the designee of the Director of Human

Services,

d.

the State Commissioner of Health, or designee,

e.

the Commissioner of the Department of Mental Health

and Substance Abuse Services, or designee,

f.

the Administrator of the Oklahoma Health Care

Authority, or designee,

g.

the Director of the Office of Management and

Enterprise Services, or designee,

h.

the Director of the State Department of Rehabilitation

Services, or designee,

i.

the Director of the Office of Disability Concerns, or

designee,

j.

the Director of the Oklahoma Employment Security

Commission, or designee,

k.

the state coordinator for the federal Ticket To Work

and Work Incentive Act, if not the designee of the

Oklahoma Employment Security Director,

l.

the Executive Director of a local housing authority,

or designee,

m.

the Executive Director of the Oklahoma Housing Finance

Agency, or designee,

n.

the State Superintendent of Public Instruction, or

designee,

o.

the Director of the Department of Transportation, or

designee,

p.

the Commissioner of Labor, or designee,

q.

a representative from a local transit authority, or

from a Community Action Agency, that provides

transportation services to individuals with

disabilities, and

r.

the Director of the Oklahoma Commission on Children

and Youth, or designee; and

The membership shall also include as voting members:

Oklahoma Statutes - Title 56. Poor Persons

a.

one representative from the Developmental Disabilities

Council,

b.

one representative from the Statewide Independent

Living Council,

c.

two representatives from the Centers for Independent

Living,

d.

one representative from the Center for Learning and

Leadership,

e.

one representative from the Oklahoma Disability Law

Center,

f.

one representative from ABLE-Tech,

g.

one representative from the Oklahoma Mental Health

Consumer Council, and

h.

a representative of a nonprofit agency, in a county of

five hundred thousand (500,000) or more population,

that collaborates on programs and services for persons

with disabilities.

D. 1. Members shall serve at the pleasure of their appointing

authorities. A vacancy on the Committee shall be filled by the

original appointing authority.

2. A majority of the members of the Committee shall constitute

a quorum. A majority of the members present at a meeting may act

for the Committee.

3. The President Pro Tempore and the Speaker shall each

designate a cochair from among the members of the Committee.

4. The cochairs of the Committee shall annually establish a

schedule of each year's meetings. The Committee shall meet at least

four times annually.

5. Proceedings of all meetings of the Committee shall comply

with the provisions of the Oklahoma Open Meeting Act.

6. The Committee may divide into subcommittees in furtherance

of its purpose.

E. 1. The Department of Human Services and the Office of the

Attorney General shall serve as lead agencies and as such shall

provide primary staffing for the Committee. Appropriate personnel

from the Oklahoma Health Care Authority and the Department of Mental

Health and Substance Abuse Services shall also assist with the work

of the Committee.

2. The Committee may use the expertise and services of the

staffs of the State Senate and the House of Representatives and may,

as necessary, employ and contract for the advice and services of

experts in the field as well as other necessary professional and

clerical staff.

F. All departments, officers, agencies, and employees of this

state shall cooperate with the Committee in fulfilling its duties

and responsibilities including, but not limited to, providing any

information, records, or reports requested by the Committee.

Oklahoma Statutes - Title 56. Poor Persons

G. Members of the Committee shall receive no compensation for

their service, but shall receive travel reimbursement as follows:

1. Legislative members of the Committee shall be reimbursed for

necessary travel expenses incurred in the performance of their

duties in accordance with the provisions of Section 456 of Title 74

of the Oklahoma Statutes; and

2. Nonlegislative members of the Committee shall be reimbursed

by their appointing authorities or respective agencies for necessary

travel expenses incurred in the performance of their duties in

accordance with the State Travel Reimbursement Act.

H. The duties and responsibilities of the Strategic Planning

Committee on the Olmstead Decision shall include, but need not be

limited to:

a.

monitoring the implementation of the comprehensive,

strategic plan for Oklahomans with disabilities,

pursuant to the Olmstead Decision,

b.

reviewing the service delivery system within the state

and the way in which persons with disabilities

currently access the services,

c.

reviewing existing statutes, policies, programs,

services and funding sources that affect Oklahomans

with disabilities, including, but not limited to,

identifying unique approaches and strategies to

funding,

d.

identifying and reviewing funding and resource

information available to persons with disabilities and

their families in this state,

e.

identifying gaps and barriers in programs and services

to individuals with disabilities and making any

recommendations to enhance programs and the delivery

system for persons with disabilities in Oklahoma,

f.

examining the feasibility of expanding the eligibility

criteria for people served by the Developmental

Disabilities Services Division of the Department of

Human Services to include people with disabilities who

are not eligible for the Advantage Waiver program

through the Aging Services Division and those with

other diagnoses who are at risk of out-of-home

placement,

g.

studying the feasibility and impact of requiring that

assistive technology suppliers in this state meet

national certification requirements, and

h.

taking all other actions necessary to monitor and

assist with the implementation of the comprehensive

strategic plan.

I. The Committee shall prepare and submit a report of its

findings and recommendations to the Legislature and Governor by July

Oklahoma Statutes - Title 56. Poor Persons

15, 2007, and each July 15 thereafter, and shall submit a final

report by July 1, 2010.

Added by Laws 2005, c. 434, § 6, eff. July 1, 2005. Amended by Laws

2006, c. 296, § 1, eff. Nov. 1, 2006; Laws 2007, c. 98, § 1, eff.

Nov. 1, 2007; Laws 2007, c. 270, § 1, emerg. eff. June 4, 2007; Laws

2012, c. 304, § 233.

§56-198.11c. Short title - Opportunities for Independent Living Act

- Legislative findings and intent - Pilot program - Duties of

Authority.

A. This act shall be known and may be cited as the

"Opportunities for Independent Living Act".

B. The Legislature finds that:

1. In the landmark Olmstead v. L.C. decision, the Supreme Court

interpreted Title II of the Americans with Disabilities Act to

require states to administer programs in the most integrated setting

appropriate to meet the needs of qualified persons with

disabilities;

2. Medicaid is presently structured to provide care to persons

with disabilities in institutional settings such as skilled nursing

facilities and private intermediate care facilities for individuals

with intellectual disabilities (ICFs/IID), and in community-based

settings such as group homes and waiver programs; and

3. Persons with disabilities living in institutional settings

must meet certain low-income standards to become eligible for

institutional care. Therefore, when a person with disabilities

wishes to move into the community, he or she has little or no

resources to pay for rent and utility deposits or purchase basic

household items.

C. It is the intent of the Legislature to establish a threeyear pilot program that:

1. Is consistent with and implements the Olmstead Decision;

2. Develops eligibility criteria for the pilot program;

3. In coordination with the Oklahoma Health Care Authority and

the Department of Human Services Aging Division, utilizes the

Centers for Medicare and Medicaid Services Minimum Data Set (MDS)

information to identify thirty people who have requested to receive

their services in a community setting;

4. Identifies barriers to moving into the community;

5. Works with nurses and case managers to coordinate services

for eligible participants within the pilot program to ensure the

health and safety of each consumer;

6. Establishes an infrastructure to allow for an effective

system that allows money to follow the person from Medicaid programs

into the community settings;

7. Increases the availability of safe, affordable and

accessible housing;

Oklahoma Statutes - Title 56. Poor Persons

8. Establishes a presence within local hospitals to reduce the

number of inappropriate placements within institutional settings;

9. Develops benefits counseling options; and

10. Allows qualified persons with disabilities the opportunity

to transition from institutions into the community.

D. Subject to the availability of funding, the Oklahoma Health

Care Authority shall establish and maintain a three-year pilot

program to assist qualified individuals with disabilities living in

institutions to transition into the community. The Authority shall

act as the lead agency and is authorized to consult and cooperate

with the Department of Human Services as necessary to carry out the

provisions of the Opportunities for Independent Living Act.

E. The Authority shall enter into contracts to carry out the

provisions of the Opportunities for Independent Living Act. Such

contracted entities shall be consumer-controlled, non-residencebased, community-based, nonprofit organizations with experience in

transitioning persons with disabilities into community settings.

F. The Authority through its duly contracted entities shall:

1. Utilize MDS data to identify participants who prefer to

receive services within the community;

2. Develop eligibility criteria for pilot program participants;

3. Provide ongoing assistance to further develop assessment

criteria for pilot program participants;

4. Work in conjunction with health care providers and case

managers to coordinate services for pilot program participants;

5. Establish an effective system that allows money to follow

pilot program participants from the institutional setting to the

community;

6. Increase pilot program participant access to safe and

affordable housing;

7. Offer follow-up services such as training, technical

assistance and support for pilot program participants; and

8. Develop curriculum and marketing materials to train future

service providers.

G. The Authority through its duly contracted entities is

authorized to use available funding to assist eligible persons under

the Opportunities for Independent Living Act to:

1. Pay rent deposits;

2. Pay utility deposits;

3. Purchase initial household supplies;

4. Purchase basic initial household appliances; and

5. Purchase initial furniture and pay moving expenses.

H. The Authority shall promulgate rules as necessary to carry

out the provisions of the Opportunities for Independent Living Act.

Such rules shall include but are not limited to:

1. Eligibility criteria for services;

Oklahoma Statutes - Title 56. Poor Persons

2. Assessment protocols to identify persons in need of

services; and

3. Funding to assist eligible persons.

I. The Authority and the Department of Human Services shall

evaluate the implementation of the pilot program and annually make

recommendations to the Legislature regarding its effectiveness.

Added by Laws 2006, c. 296, § 2, eff. Nov. 1, 2006. Amended by Laws

2019, c. 475, § 33, eff. Nov. 1, 2019.