COMMENT DUE DATE:
January 2, 2008
DATE:
December 17, 2007
Millie Carpenter DDSD (405) 521-4974
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 07-23
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
340:100-3-1 [Amended]
340:100-3-6 [Amended]
340:100-3-15 [Amended]
Part 3. Operations
340:100-3-27 [Amended]
340:100-3-27.5 [Amended]
340:100-3-28 [Amended]
340:100-3-38 through 340:100-3-38.8 [Amended]
340:100-3-38.12 [Amended]
340:100-3-38.13 [New]
340:100-3-40 through 340:100-3-40.1 [Amended]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-20 [Revoked]
OAC 340:100-5-22.1 [Amended]
OAC 340:100-5-26 through 340:100-5-26.1 [Amended]
OAC 340:100-5-29 [Amended]
OAC 340:100-5-32 through 340:100-5-33 [Amended]
Part 5. Individual Planning
OAC 340:100-5-51 [Amended]
OAC 340:100-5-53 [Amended]
OAC 340:100-5-57 through 340:100-5-57.1 [Amended]
Subchapter 13.Family Support Programs
OAC 340:100-13-1 [Amended]
Subchapter 17. Employment Services
Part 3. State-Funded Employment (Sheltered Workshop) Services
OAC 340:100-17-17 [Amended]
Part 4. Community Integrated Employment Services
OAC 340:100-17-25 [Amended]
(Reference APA WF 07-23)
SUMMARY:The proposed revisions to Subchapters 3, 5, 13, and 17 of Chapter 100, Title 340,amend the rules to:(1) reflect current OKDHS forms numbering scheme; (2) clarify eligibility criteria for state-funded services through DDSD; (3) reflect the current role and function of each Human Rights Committee (HRC); (4) clarify DDSD case management visits with the service recipient and possible locations for visits; (5) clarify eligibility criteria for SoonerStart; (6) delineate DDSD audit requirements for provider agencies; (7) clarify required training courses; (8) allow for the reduction of annual training hours for contract staff; (9) specify time frames for first aid and cardio-pulmonary resuscitation (CPR) certification and behavior support courses; (10) specify training requirements for staff providing supports in alternative group homes; (11) reflect general requirements for community records; (12) clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia; (13) specify current Family Support Assistance Payment Program application and annual review processes; (14) specify community integrated employment (CIE) services available to service recipients 16 years of age or older who meet eligibility criteria; and (15) update terminology and policy references.
340:100-3-1 is amended to clarify eligibility criteria for state-funded services through DDSD.
340:100-3-6 is amended to reflect the current role and function of each HRC, including HRC for a provider agency and public intermediate care facility for persons with mental retardation (ICF/MR).
340:100-3-15 is amended to reflect current criteria used to establish eligibility for SoonerStart for a child younger than three years of age.
340:100-3-27 is amended to:(1) clarify DDSD case management visits with the service recipient and possible locations for visits; and (2) specify current number references to OKDHS forms and publications.
340:100-3-27.5 is amended to delete the audit requirement for each agency billing $50,000 or more each year and delineate that DDSD specifies programs, levels of annual program revenue, or both, when an audit is required.
340:100-3-28, 100-3-38.12, 100-3-40.1, 100-5-22.1, 100-5-26.1, 100-5-32, 100-5-33, 100-5-53, 100-5-57, 100-5-57.1, and 100-17-17 are amended to reference current OKDHS forms numbers.
340:100-3-38, 100-3-38.1, 100-3-38.2, 100-3-38.3, 100-3-38.5, and 100-3-38.6 are amended to:(1) clarify required training courses; (2) allow for the reduction of annual training hours for contract staff; and (3) specify time frames for first aid and CPR certification and behavior support courses.
340:100-3-38.4 is amended to specify: (1) initial training, first aid and CPR certification, and medication administration training must be completed prior to the contractual agreement with Oklahoma Health Care Authority (OHCA); and (2) reduction of annual training hours for specialized foster care (SFC) providers.
340:100-3-38.7 is amended to specify the program coordinator must complete specialized training when providing fill-in direct support services.
340:100-3-38.8 is amended to specify job-specific training for staff assuming employment services programs manager duties.
340:100-3-38.13 is issued to provide training requirements for staff providing supports to service recipients residing in alternative group homes.
340:100-3-40 is amended to reflect general requirements for community records, excluding records maintained by the DDSD case manager. DDSD case manager records are kept in accordance with 340:100-5-15.
340:100-5-26 is amended to reference current OKDHS forms numbers and delete information inherent to usage of Forms 06HM005E, Referral Form for Examination or Treatment, and 06HM007E, Physical Status Review.
340:100-5-29 is amended to more clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia.
340:100-5-51 is amended to reference individual planning for service recipients receiving services through the Homeward Bound Waiver.
340:100-13-1 is amended to reference current OKDHS forms numbers and specify current Family Support Assistance Payment Program application and annual review processes.
340:100-17-25 is amended to specify CIE services are available to service recipients 16 years of age or older who meet eligibility criteria, including those 16 to 21 years of age who have not completed eligibility for services through Individuals with Disabilities Education Act (IDEA).
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and, in part, Section 1408 of Title 10 of the Oklahoma Statutes (10 O.S. § 1408); 56 O.S. § 601 et seq.; 56 O.S. § 1020; 70 O.S. § 13-121 et seq.; and 74 O.S. §840-3.1; and federal acts, including IDEA.
To:Dena Thayer, Programs Manager
Policy Management Unit
From:James Nicholson, Director
Developmental Disabilities Services Division (DDSD)
Date:October 9, 2007
Re:OAC 340:100-3-1 – AMENDEDOAC 340:100-3-6 – AMENDED
OAC 340:100-3-15 – AMENDED
OAC 340:100-3-27 – AMENDED
OAC 340:100-3-27.5 – AMENDED
OAC 340:100-3-28 – AMENDED
OAC 340:100-3-38 – AMENDED
OAC 340:100-3-38.1 – AMENDED
OAC 340:100-3-38.2 – AMENDED
OAC 340:100-3-38.3 – AMENDED
OAC 340:100-3-38.4 – AMENDED
OAC 340:100-3-38.5 – AMENDED
OAC 340:100-3-38.6 – AMENDED
OAC 340:100-3-38.7 – AMENDED
OAC 340:100-3-38.8 – AMENDED
OAC 340:100-3-38.12 – AMENDED
OAC 340:100-3-38.13 – NEW
OAC 340:100-3-40 – AMENDED
OAC 340:100-3-40.1 – AMENDED
OAC 340:100-5-22.1 – AMENDED
OAC 340:100-5-26 – AMENDED
OAC 340:100-5-26.1 – AMENDED
OAC 340:100-5-29 – AMENDED
OAC 340:100-5-32 – AMENDED
OAC 340:100-5-33 – AMENDED
OAC 340:100-5-51 – AMENDED
OAC 340:100-5-53 – AMENDED
OAC 340:100-5-57 – AMENDED
OAC 340:100-5-57.1 – AMENDED
OAC 340:100-13-1 – AMENDED
OAC 340:100-17-17 – AMENDED
OAC 340:100-17-25 – AMENDED
(Reference WF 07-23)
Contact:Millie Carpenter, 405-521-4974
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 3, 5, 13, and 17 of Chapter 100, amend the rules to:(1) reflect current OKDHS forms numbering scheme; (2) clarify eligibility criteria for state-funded services through DDSD; (3) reflect the current role and function of each Human Rights Committee (HRC); (4) clarify DDSD case management visits with the service recipient and possible locations for visits; (5) clarify eligibility criteria for SoonerStart; (6) delineate DDSD audit requirements for provider agencies; (7) clarify required training courses; (8) allow for the reduction of annual training hours for contract staff; (9) specify time frames for first aid and cardio-pulmonary resuscitation (CPR) certification and behavior support courses; (10) specify training requirements for staff providing supports in alternative group homes; (11) reflect general requirements for community records; (12) clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia; (13) specify current Family Support Assistance Payment Program application and annual review processes; (14) specify community integrated employment (CIE) services available to service recipients 16 years of age or older who meet eligibility criteria; and (15) update terminology and policy references.
Strategic Plan impact.The proposed rules achieve OKDHS goals bysupporting the DDSD long-term goal to provide community services to persons with developmental disabilities.
Substantive changes.
340:100-3-1 is amended to clarify eligibility criteria for state-funded services through DDSD.
340:100-3-6 is amended to reflect the current role and function of each HRC, including HRC for a provider agency and public intermediate care facility for persons with mental retardation (ICF/MR).
340:100-3-15 is amended to reflect current criteria used to establish eligibility for SoonerStart for a child younger than three years of age.
340:100-3-27 is amended to:(1) clarify DDSD case management visits with the service recipient and possible locations for visits; and (2) specify current number references to OKDHS forms and publications.
340:100-3-27.5 is amended to delete the audit requirement for each agency billing $50,000 or more each year and delineate that DDSD specifies programs, levels of annual program revenue, or both, when an audit is required.
340:100-3-28, 100-3-38.12, 100-3-40.1, 100-5-22.1, 100-5-26.1, 100-5-32, 100-5-33, 100-5-53, 100-5-57, 100-5-57.1, and 100-17-17 are amended to reference current OKDHS forms numbers.
340:100-3-38, 100-3-38.1, 100-3-38.2, 100-3-38.3, 100-3-38.5, and 100-3-38.6 are amended to:(1) clarify required training courses; (2) allow for the reduction of annual training hours for contract staff; and (3) specify time frames for first aid and CPR certification and behavior support courses.
340:100-3-38.4 is amended to specify: (1) initial training, first aid and CPR certification, and medication administration training must be completed prior to the contractual agreement with Oklahoma Health Care Authority (OHCA); and (2) reduction of annual training hours for specialized foster care (SFC) providers.
340:100-3-38.7 is amended to specify the program coordinator must complete specialized training when providing fill-in direct support services.
340:100-3-38.8 is amended to specify job-specific training for staff assuming employment services programs manager duties.
340:100-3-38.13 is issued to provide training requirements for staff providing supports to service recipients residing in alternative group homes.
340:100-3-40 is amended to reflect general requirements for community records, excluding records maintained by the DDSD case manager. DDSD case manager records are kept in accordance with 340:100-5-15.
340:100-5-26 is amended to reference current OKDHS forms numbers and delete information inherent to usage of Forms 06HM005E, Referral Form for Examination or Treatment, and 06HM007E, Physical Status Review.
340:100-5-29 is amended to more clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia.
340:100-5-51 is amended to reference individual planning for service recipients receiving services through the Homeward Bound Waiver.
340:100-13-1 is amended to reference current OKDHS forms numbers and specify current Family Support Assistance Payment Program application and annual review processes.
340:100-17-25 is amended to specify CIE services are available to service recipients 16 years of age or older who meet eligibility criteria, including those 16 to 21 years of age who have not completed eligibility for services through Individuals with Disabilities Education Act (IDEA).
Reasons.The proposed revisionsclarify practices and procedures and service options provided by DDSD and contractors, in addition to providing a better-organized means of offering this information within the Oklahoma Administrative Code.
Repercussions. No repercussions are anticipated.The proposed rules have been reviewed and approved by the Policy Subcommittee of the Advisory Committee on Services to Persons with Developmental Disabilities, including providers, family members, and persons receiving services.The Advisory Committee on Services to Persons with Developmental Disabilities incrementally adopted the proposed rules on September 12 and October 9, 2007.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, and, in part, Section 1408 of Title 10 of the Oklahoma Statutes (10 O.S. § 1408); 56 O.S. § 601 et seq.; 56 O.S. § 1020; 70 O.S. § 13-121 et seq.; and 74 O.S. §840-3.1; and federal acts, including IDEA.
Permanent approval. Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are Oklahomans receiving community supports or residential services through DDSD, placement providers, community contractors, and DDSD staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are children, youth, adults, and families served by DDSD, DDSD staff, contract agencies, and service and placement providers with OKDHS, OHCA, or both, contractual agreements.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $30.The revised rules will result in the enhanced delivery of services to service recipients.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.The proposed rules revisions benefit OKDHS by complying with legal mandates, providing clear guidance regarding state-funded services and Home and Community-Based Services that further benefit persons in need of such services, and providing OHCA, OKDHS, and community contract staff with rules that specify current procedures and the provision of services to persons involved with DDSD.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with state and federal mandates.DDSD solicited and incorporated suggestions from family members of service recipients, advisory groups, contractors, and DDSD staff regarding service provisions and other supportive activities in the proposed revisions.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will improve the means in which supportive services are rendered at the community and statewide level.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, services to Oklahomans with mental retardation or certain conditions and their families, community contractors, and OHCA and OKDHS staff will be hindered due to conflicting rules, laws, and procedures.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 9, 2007.
