Library: Policy

340:100-3-33.2. Provision of waiver services by legally responsible persons and other family members or guardians

Issued 5-11-07

(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.