COMMENT DUE DATE:
February 16, 2012
DATE:
January 13, 2012
Samantha Galloway, DDSD (405) 521-4489
Dena Thayer, OIRP Program Administrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
APA WF 11-07
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
OAC 340:100-3-4 [AMENDED]
OAC 340:100-3-6 [AMENDED]
OAC 340:100-3-16 [NEW]
Part 3. Administration
OAC 340:100-3-27 through 340:100-3-27.2 [AMENDED]
OAC 340:100-3-27.3 [REVOKED]
OAC 340:100-3-27.4 through 340:100-3-27.5 [AMENDED]
OAC 340:100-3-34 [AMENDED]
OAC 340:100-3-40 [AMENDED]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-20 [AMENDED]
(Reference APA WF 11-07)
SUMMARY:
The proposed amendments to Chapter 100 Subchapters 3 and 5 amend the rules to: (1) prohibit Developmental Disabilities Services Division (DDSD) employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, clarifying the use of spending programs; (2) no longer require submission of Human Rights Committee minutes to DDSD state office; (3) establish policy for the provider application process and requirements; (4) clarify case manager monitoring responsibilities and documentation requirements and quality assurance monitoring requirements for Specialized Foster Care and DDSD area surveys; (5) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (6) clarify contract performance survey and administrative inquiry practices; (7) extend the amount of time from one week to two for contract provider agencies to respond to citations issued by quality assurance with a compliance plan and schedule or provide supplemental information for consideration; (8) establish penalties for failure to cooperate and prohibit retaliation; (9) remove the provision for financial penalties for contract non-compliance; (10) revoke person-centered evaluations as they are no longer a component of the DDSD quality assurance program; (11) clarify the distribution of the quality assurance reports, and remove information pertaining to the distribution of person-centered evaluation reports as this is no longer a component of the quality assurance program; (12) disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent; (13) define maltreatment and provide statutory authority, and clarify notification requirements; (14) change reporting requirements from monthly to quarterly to be consistent with changes made to other Sections, and require an official form to comply with statute; and (15) clarify the application process and eligibility for a respite voucher.
OAC 340:100-3-4 is amended to prohibit DDSD employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, and to clarify the use of spending programs.
OAC 340:100-3-6 is amended to no longer require submission of Human Rights Committee minutes to DDSD state office.
OAC 340:100-3-16 is issued to establish policy for the provider application process and requirements.
OAC 340:100-3-27 is amended to clarify case manager monitoring responsibilities and documentation requirements; and quality assurance monitoring requirements for Specialized Foster Care, and DDSD area surveys.
OAC 340:100-3-27.1 is amended to: (1) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (2) clarify contract performance survey and administrative inquiry practices; (3) extend the amount of time from one week to two for contract provider agencies to respond with a compliance plan and schedule to citations issued by quality assurance, or provide supplemental information for consideration; (4) establish penalties for failure to cooperate; and (5) prohibit retaliation.
OAC 340:100-3-27.2 is amended to remove the provision for financial penalties for contract non-compliance.
OAC 340:100-3-27.3 is revoked as person-centered evaluations are no longer a component of the DDSD quality assurance program.
OAC 340:100-3-27.4 is amended to clarify the distribution of the quality assurance reports, and remove information pertaining to the distribution of person-centered evaluation reports as this is no longer a component of the quality assurance program.
OAC 340:100-3-27.5 is amended to disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent.
OAC 340:100-3-34 is amended to define maltreatment and provide statutory authority, and clarify notification requirements.
OAC 340:100-3-40 is amended to change reporting requirements from monthly to quarterly to be consistent with changes made to other Sections, and require an official form to comply with statute.
OAC 340:100-5-20 is amended to clarify the application process and eligibility for a respite voucher.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:
Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105); 21 O.S. § 1533.1; 43A O.S. §§103-104; 56 O.S. § 1025.1; Sections 455.104 and 455.106 of Title 42 of the Code of Federal Regulations (42 CFR §§ 455.104-106); 42 CFR § 483.440; and Section 1128 of the Social Security Act.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:James Nicholson
Developmental Disabilities Services Division
Date:January 17, 2012
Re:Chapter 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-4 [AMENDED]
OAC 340:100-3-6 [AMENDED]
OAC 340:100-3-16 [NEW]
Part 3. Administration
OAC 340:100-3-27 through 340:100-3-27.2 [AMENDED]
OAC 340:100-3-27.3 [REVOKED]
OAC 340:100-3-27.4 through 340:100-3-27.5 [AMENDED]
OAC 340:100-3-34 [AMENDED]
OAC 340:100-3-40 [AMENDED]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-20 [AMENDED]
(Reference APA WF 11-07)
Contact: Samantha Galloway 405-521-4989
A. Brief description of the purpose of the proposed rule:
PurposeThe proposed amendments to Chapter 100 Subchapters 3 and 5 amend the rules to: (1) prohibit Developmental Disabilities Services Division (DDSD) employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, clarifying the use of spending programs; (2) no longer require submission of Human Rights Committee minutes to DDSD state office; (3) establish policy for the provider application process and requirements; (4) clarify case manager monitoring responsibilities and documentation requirements and quality assurance monitoring requirements for Specialized Foster Care and DDSD area surveys; (5) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (6) clarify contract performance survey and administrative inquiry practices; (7) extend the amount of time from one week to two for contract provider agencies to respond to citations issued by quality assurance with a compliance plan and schedule or provide supplemental information for consideration; (8) establish penalties for failure to cooperate and prohibit retaliation; (9) remove the provision for financial penalties for contract non-compliance; (10) revoke person-centered evaluations as they are no longer a component of the DDSD quality assurance program; (11) clarify the distribution of the quality assurance reports, and remove information pertaining to the distribution of person-centered evaluation reports as this is no longer a component of the quality assurance program; (12) disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent; (13) define maltreatment and provide statutory authority, and clarify notification requirements; (14) change reporting requirements from monthly to quarterly to be consistent with changes made to other Sections, and require an official form to comply with statute; and (15) clarify the application process and eligibility for a respite voucher.
Strategic Plan impact.The proposed rules achieve OKDHS goals by supporting the DDSD long-term goal to provide community services to Oklahoman's with developmental disabilities.
Substantive changes.
OAC 340:100-3-4 is amended to prohibit DDSD employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, and to clarify the use of spending programs.
OAC 340:100-3-6 is amended to no longer require submission of Human Rights Committee minutes to DDSD state office.
OAC 340:100-3-16 is issued to establish policy for the provider application process and requirements.
OAC 340:100-3-27 is amended to clarify case manager monitoring responsibilities and documentation requirements; and quality assurance monitoring requirements for Specialized Foster Care, and DDSD area surveys.
OAC 340:100-3-27.1 is amended to: (1) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (2) clarify contract performance survey and administrative inquiry practices; (3) extend the amount of time from one week to two for contract provider agencies to respond with a compliance plan and schedule to citations issued by quality assurance, or provide supplemental information for consideration; (4) establish penalties for failure to cooperate; and (5) prohibit retaliation.
OAC 340:100-3-27.2 is amended to remove the provision for financial penalties for contract non-compliance.
OAC 340:100-3-27.3 is revoked as person-centered evaluations are no longer a component of the DDSD quality assurance program.
OAC 340:100-3-27.4 is amended to clarify the distribution of the quality assurance reports, and remove information pertaining to the distribution of person-centered evaluation reports as this is no longer a component of the quality assurance program.
OAC 340:100-3-27.5 is amended to disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent.
OAC 340:100-3-34 is amended to define maltreatment and provide statutory authority, and clarify notification requirements.
OAC 340:100-3-40 is amended to change reporting requirements from monthly to quarterly to be consistent with changes made to other Sections, and require an official form to comply with statute.
OAC 340:100-5-20 is amended to clarify the application process and eligibility for a respite voucher.
Reasons.The proposed revisions clarify practices, 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.If the proposed rules are not implemented, services to Oklahomans with mental retardation or certain conditions and their families, community contractors, and Oklahoma Health Care Authority (OHCA) and OKDHS staff will be hindered due to conflicting rules, laws, and procedures.
Legal authority.Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105); 21 O.S. § 1533.1; 43A O.S. §§103-104; 56 O.S. § 1025.1; Sections 455.104 and 455.106 of Title 42 of the Code of Federal Regulations (42 CFR §§ 455.104-106); 42 CFR § 483.440; and Section 1128 of the Social Security Act.
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 a known 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 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.
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 non-regulatory methods or less intrusive methods for complying with state or 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 related 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 November 10, 2011.Modified January 17, 2012.
