Advisory Committee on Services to Persons with Developmental Disabilities
Thursday, April 21, 2022
1. CALL TO ORDER: Wanda Felty, Chairperson;
2. ROLL CALL: Sonya Hunter, Secretary;
3. *APPROVAL OF MINUTES: September 16, 2021;
4. DDS UPDATE – Beth Scrutchins DDS director;
A. Welcome and announcements;
B. American Rescue Plan;
C. Rate Study; and
D. DDS waiting list update.
5. NEW BUSINESS:
A. *Special session to discuss DDS incident management process.
B. *How will Future Council meetings be conducted (virtual and/or in-person)?
C. *Case Managers return to face-to-face visits and options family have for visits and meetings.
6. *Policy Updates-See attached All Policy document for draft policies.
SUBSTANTIVE CHANGES.
TITLE 317. OKLAHOMA HEALTH CARE AUTHORITY
OHCA POLICIES REVIEWED INDIVIDUALLY
317:30-5-412. Description of services (Family Training) Page 1
- Increase the coverage limitations for Family Training from $5,500 to $6,500, and
- Remove the requirement for annual report
317:30-5-422 Description of services (Community Transition Services) Page 3
- Added Extensive Residential Supports
- Remove requirement for authorization to be issued for the date a member transitions.
317:40-1-4. Remote supports (RS) Page 4
- Add provision for Employment Training Specialist to be provided remotely, and
- Update staffing ratio requirements.
317:40-5-102. Nutrition Services Page 9
- Clarify who can write an order for nutritional services
317:40-5-103. Transportation Page 12
- Expand who can provide adapted transportation to include family of adult member, agency companion provider, and specialized foster care provider.
- Increase the coverage limitations for public transportation from $5,000 to $15,000
- Clarify that a combination of public, adapted and non-adapted transportation services exceeding the current, non-adapted transportation reimbursement rate multiplied by 14,400 units can be approved by the division director or designee
SUPPORTS PROVIDED REMOTELY ADDED
317:40-5-150. Daily Living Supports (DLS) for the Community Waiver Page 15
- Add provision for service to be provided remotely
317:40-5-153. Daily Living Supports (DLS) for the Homeward Bound Waiver
- Add provision for service to be provided remotely
317:40-7-5. Community-based services
- Add provision for service to be provided remotely
317:40-7-6. Center-based services
- Add provision for service to be provided remotely
317:40-7-7. Job coaching services
- Add provision for service to be provided remotely
317:40-7-8. Employment training specialist services
- Add provision for service to be provided remotely
317:40-7-11. Stabilization services
- Add provision for service to be provided remotely
EXTENSIVE RESIDENTIAL SUPPORTS
317:40-5-154. Extensive Residential Supports Page 27
- Add new residential service to be provided to children in custody of OKDHS and adults with extensive behavioral support needs that cannot be safely met with current available supports.
340:100-3-38.14. Training requirements for staff providing extensive residential supports
- Identify training requirements for new Extensive Residential Supports service.
340:100-5-22.1. Community residential supports
- Added Extensive Residential Supports.
TITLE 340 DEPARTMENT OF HUMAN SERVICES
OKDHS POLICIES BEING REVOKED AND NOT REPLACED OR COMBINED WITH OTHERS
340:100-1-1. Purpose Page 41
- Revoked - no longer applicable.
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-1-3. Legal base
- Revoked - no longer applicable.
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-3. Communicable diseases
- Revoked – duplicated in health and wellness
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-9. Unscheduled client absence
- Revoked – duplicated in sub-chapter 17
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-28. Volunteer services
- Revoked – authority lies with OKDHS volunteer policy
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-30. News media relations
- Revoked – authority lies with OKDHS communications
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-36. Emergency first aid for employees and visitors
- Revoked – no longer applicable
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
COMMUNITY RECORDS
340:100-3-2. Client records, confidentiality, and security Page 45
- Revoked and combine with 340:100-3-40
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
340:100-3-40. Community records
- Combined with 340:100-3-2 in alignment with the Governor’s executive order to reduce unnecessary rules.
- Added rules regarding access to electronic records by providers, families and service recipients and guidelines for use of electronic signatures.
- Updated terminology
QUALITY ASSURANCE
340:100-3-27. Quality assurance Page 50
- Added virtual monitoring by case manager
- Updated to reflect current practices
- Updated terminology
- Combined with 340:100-27.4
340:100-3-27.4. Developmental Disabilities Services Division Quality Assurance Reports
- Revoked and combined with 340:100-3-27
- The revocation aligns with the Governor’s executive order to reduce unnecessary rules.
OKDHS POLICIES REVIEWED INDIVIDUALLY
340:100-3-5.2. Guardianship Voucher Program Page 58
· Replacing identified rate with statement indicating the rate will be defined in the OKDHS Appendix D-26, Development Disabilities Services Rates Schedule.
340:100-3-39. Pre-employment screening for community service workers Page 59
- Added ability to accept national background check for out-of-state remote support providers in place of OSBI check
340:100-5-22.6. Alternative group home Page 69
- Added provision for respite to be provided in an alternative group home.
340:100-5-26.1. Psychotropic medication Page 72
- Updated terminology regarding who prescribes medication (physician to healthcare provider)
- Added that behavioral symptoms being treated by any psychotropic medication (not just PRN psychotropic meds) must be included in the Protective Intervention Protocol (PIP)
- Clarifies the definition of PRN psychotropic medication to be anytime medication is prescribed on a PRN basis to achieve a desired behavioral outcome (previously stated definition was use of medication in this manner without a confirmed psychiatric diagnosis appropriate for the medication)
- Added “specific” to describe protocol requirements for use of PRN medication for behavioral control
- Updated language for PIP (plan to protocol)
340:100-5-29. Monitoring for tardive dyskinesia Page 73
- Clarified that monitoring is specific for tardive dyskinesia rather than just dyskinesia
- Updated terminology and language
- Removed names of specific medications associated with a risk of TD (this information is updated annually on resource document “psychotropic medication list” available to all staff)
- Added that the assessment for TD can be performed by the prescribing healthcare provider and placed in service recipient’s record (to accommodate settings where raters are not available)
- Removed statement requiring physician to notify service recipient, parent, or guardian of TD diagnosis since team already notifies of diagnosis in 340:100-5-29 (a) (3)
340:100-5-35.1. Habilitation training specialist (HTS) services in acute care hospitals Page 75
- Removed language that limits service to adults
40:100-5-37: Pest Extermination. Page 76
- Added pest extermination as a waiver funded service
GROUP HOME REGULATIONS
340:100-6-10. License or contract required Page 77
- Updated terminology
- Combined with 340:100-6-11, 340:100-6-12, 340:100-6-20, and 340:100-6-21 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-11. Types of licenses
- Revoked and combined with 340:100-6-10, 340:100-6-12, 340:100-6-20, and 340:100-6-21 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-12. Application for group home license renewal, or contract
- Revoked and combined with 340:100-6-10, 340:100-6-11, 340:100-6-20, and 340:100-6-21 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-13. Inspections
- Combined with 340:100-6-14 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-14. Sanctions
- Revoked and combined with 340:100-6-13 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-20. Change of ownership
- Revoked and combined with 340:100-6-10, 340:100-6-11, 340:100-6-12, and 340:100-6-21 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-21. Closing of group home
- Revoked and combined with 340:100-6-10, 340:100-6-11, 340:100-6-12, and 340:100-6-20 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-30. General criteria for physical plant
- Combined with 340:100-6-44 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-41. Access to premises
- Revoked and combine with 340:100-6-95 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-44. Housekeeping and environment
- Revoked and combine with 340:100-6-30 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-85. Transfer or discharge
- Combined with 340:100-6-86, 340:100-6-88 and 340:100-6-97 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-86. Notice of involuntary transfer or discharge
- Revoked and combined with 340:100-6-85, 340:100-6-88 and 340:100-6-97 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-88. Transfer by OKDHS
- Revoked and combined with 340:100-6-85, 340:100-6-86 and 340:100-6-97 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-95. Resident rights and responsibilities
- Combined with 340:100-6-41 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-6-97. Denial of care
- Revoked and combined with 340:100-6-85, 340:100-6-86 and 340:100-6-88 in alignment with the Governor’s executive order to reduce unnecessary rules.
PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
340:100-15-1. Purpose Page 89
- Combine with 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-9, 340:100-15-10,
340:100-15-2. Applications
- Revoke and combine with 340:100-15-1, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-3. Criteria for determining that individual requires nursing facility services but not specialized services
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-4. Criteria for determining that individual requires nursing facility services and specialized services
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-5. Criteria for determining that an individual does not require nursing facility services but does require specialized services
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-6, 340:100-15-8, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-6. Categorical determinations regarding need of nursing facility and specialized services
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-8, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-8. Joint disposition for persons who have mental retardation or related conditions and mental illness
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-9, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-9. Appeal Process
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-10 in alignment with the Governor’s executive order to reduce unnecessary rules.
340:100-15-10. Special case determinations
- Revoke and combine with 340:100-15-1, 340:100-15-2, 340:100-15-3, 340:100-15-4, 340:100-15-5, 340:100-15-6, 340:100-15-8, 340:100-15-9 in alignment with the Governor’s executive order to reduce unnecessary rules.
7. PUBLIC COMMENT –
* Possible Action Item
