Oklahoma § 56-227 - Provision of residential or vocational services to

§ 56-227. Provision of residential or vocational services to

developmentally disabled - Preference to corporations within state.

A. The Developmental Disabilities Services Division within the

Department of Human Services is hereby directed to offer a

preference to qualified corporations within the state to provide

residential or vocational services to residents of this state who

have developmental disabilities. The Commission for Human Services

is hereby authorized to promulgate rules to implement the provisions

of this act, provided such rules shall not unduly interfere with

interstate commerce or discriminate against out-of-state

corporations.

B. A qualified corporation shall:

1. Conduct at least fifty-one percent (51%) of its financial

business within the State of Oklahoma, including both receipt and

disbursement transactions;

2. Have its principal place of business within the State of

Oklahoma and have on file in the Office of the Secretary of State of

Oklahoma a certificate of incorporation or a certificate of

qualification of foreign incorporation;

3. Provide residential or vocational services, or both, as

determined by the Department of Human Services to the residents of

this state who have developmental disabilities;

4. Be identified on a list maintained by the Developmental

Disabilities Services Division of the Department of Human Services.

This list shall include those corporations which demonstrate the

capacity to maintain fiscal solvency, as determined by the

Oklahoma Statutes - Title 56. Poor Persons

Department of Human Services, and, if the corporation has been in

existence for two or more years, the corporation's capacity to

maintain fiscal solvency must be verified by two (2) or more annual

financial audits, conducted by an independent certified public

accountant;

5. Have a history of ethical business practices as established

by a peer review panel, if prior business operations have been

conducted. Complaints relating to ethical practices shall be

reviewed by a peer review panel of five (5) members, to be appointed

annually by the Administrator of the Developmental Disabilities

Services Division. Members of the panel may be reappointed. The

panel shall:

a.

develop criteria to determine ethical business

practices for qualified corporations,

b.

determine compliance of qualified corporations with

such criteria,

c.

make recommendations to the Administrator of the

Developmental Disabilities Services Division, who

shall take appropriate action to remedy any unethical

behavior, and

d.

maintain confidentiality in the review of complaints

relating to ethical practices in determining qualified

corporations throughout the review process, except to:

(1) employees of other state and federal agencies in

the course of their official duties pertaining or

relating to such review process, services, or

residents,

(2) the members of the Legislature or its staff, and

(3) the office of the Governor; and

6. Be in full compliance with all assurances and monitoring

standards required by the Department of Human Services or other

relevant state and federal licensing and certification requirements.

C. The Department of Human Services shall be allowed discretion

in its choice of providers for residential or vocational services,

or both, when none of the qualified corporations can or are willing

to provide such services.

D. The Developmental Disabilities Services Division shall not

be prohibited from contracting with any new community-based

nonprofit corporation to provide residential or vocational services

in an unserved community.

E. The Developmental Disabilities Services Division shall be

authorized to provide technical assistance, either directly or

through the use of qualified consultants, to enhance the ability of

Oklahoma-based corporations to provide new, innovative and effective

services to residents of this state who have developmental

disabilities.

Oklahoma Statutes - Title 56. Poor Persons

Added by Laws 1992, c. 291, § 2, eff. Sept. 1, 1992.

Laws 1997, c. 407, § 8, eff. Nov. 1, 1997.

Amended by