340:100-3-33.2. Provision of waiver services by legally responsible persons and other family members or guardians
(a) Legally responsible persons.
- (1) Persons who are legally responsible for the care of service recipients are prohibited from providing Developmental Disabilities Services Division (DDSD) Home and Community-Based Waiver Services to service recipients for whom they are responsible.
- (2) For purposes of OAC 340:100-3-33.2, a person who is legally responsible is:
- (A) a biological or adoptive parent(s) of a minor child;
- (B) a legal guardian of a minor child;
- (C) a spouse of a service recipient; or
- (D) anyone deemed legally responsible by court order.
(b) Family members or guardians not legally responsible. Family members or guardians who are not legally responsible for the care of service recipients:
- (1) may provide Home and Community-Based Services (HCBS) under specific circumstances when they:
- (A) are qualified per applicable Oklahoma Department of Human Services (OKDHS) and Oklahoma Health Care Authority (OHCA) rules; and
- (B) meet specific service provider requirements;
- (2) must be employed by provider agencies, except per OAC 340:100-3-33.2(b)(3). Provider agencies must:
- (A) provide supervision and oversight of such employees; and
- (B) ensure claims are submitted only for services rendered;
- (3) are prohibited from being paid as direct contract providers of DDSD HCBS, except when such persons are:
- (A) the only available provider of covered services due to geographic remoteness; or
- (B) uniquely qualified to provide covered services due to considerations such as language; and
- (4) may provide services, such as:
- (A) audiology;
- (B) dental;
- (C) respite;
- (D) agency companion;
- (E) assistive technology;
- (F) homemaker;
- (G) habilitation training specialist;
- (H) nutrition;
- (I) occupational therapy;
- (J) physical therapy;
- (K) speech therapy;
- (L) transportation; and
- (M) specialized foster care.
(c) Volunteer guardians. Volunteer guardians appointed by the court, per OAC 340:100-3-5.1, are prohibited from providing DDSD HCBS to their wards.