- To be eligible, individuals must currently be receiving In-Home Supports waiver services or non-residential waiver services.
Service Information
Legally Responsible Individuals (LRI) are parents or guardians of minor children and spouses of adults. Previously, LRI were not permitted to be paid caregivers for their family members receiving Habilitation Training Specialist (HTS) services under the Developmental Disabilities Services (DDS) waivers.
Legally Responsible Individuals (LRI) are parents or guardians of minor children and spouses of adults. Previously, LRI were not permitted to be paid caregivers for their family members receiving Habilitation Training Specialist (HTS) services under the Developmental Disabilities Services (DDS) waivers.
Beginning in February 2025, a new process will begin that will allow this. The Centers for Medicare and Medicaid Services (CMS) has approved Oklahoma’s application to allow Legally Responsible Individuals to be paid family caregivers of Non-Residential HTS, if they meet certain rules. Non-Residential HTS is the only service that LRI may be paid to provide. The requirements for a LRI to be a paid Non-Residential HTS are:
- The individual with a disability must be served on one of the DDS waivers and approved for Non-Residential HTS. If you do not currently have Non-Residential HTS on your/your child’s Plan of Care, you can request a team meeting with your/your child’s case manager to discuss adding to the Plan of Care.
- The individual with a disability must have extraordinary caregiving needs, beyond what is typical for someone of the same age without a disability. This extraordinary care will be assessed annually and determined by a DDS evaluator using the OK Choice Assessment. The OK Choice Assessment only determines whether there are extraordinary caregiving needs, not the number of hours of Non-Residential HTS approved.
- The LRI must meet all of the direct care staff requirements outlined in OK policy- meaning they must be hired and employed by a provider agency in traditional services or for self-directed services must be hired by the individual with a disability or the Employer of Record (EOR). The Self- Directed EOR cannot be paid to be a Non-Residential HTS. For the LRI to become a Non-Residential HTS, they must meet all of the training and background requirements set forth in OK policies 340:100-3-33.2 and 340:100-5-35, including passing background checks and being fully trained as a Non-Residential HTS.
- All requirements for Non-Residential HTS remain the same, including Non-Residential HTS cannot be provided for more than the maximum allotted hours approved in the Individual Plan, not to exceed 40 hours per week for people living in the same household.
If you are interested in becoming a paid Non-Residential HTS for your loved one, contact your/your child’s case manager. OK Choice Assessments will be conducted virtually, using Teams, and should take about 15-20 minutes to complete. OK Choice Assessments will begin scheduling in February 2025.
- An LRI is a Legally Responsible Individual. Per Oklahoma Policy (340:100-3-33.2), an LRI is defined as a biological or adoptive parent(s) of a minor child; a stepparent of a minor child; a foster parent of a minor child; a legal non-volunteer guardian of a minor child; a spouse of a service recipient; or anyone deemed legally responsible by court order.
- DDS has heard from families over time who were interested in becoming paid caregivers for their loved ones. DDS had to request and get permission from the Centers for Medicare and Medicaid Services (CMS) and the Governor. DDS successfully applied and received approval from CMS and the Governor and starting on Feb. 3, 2025, the process can begin.
- CMS requires the waiver recipient to have extraordinary caregiving needs. This is assessed by the Oklahoma Choice Assessment, conducted by a DDS evaluator.
- The LRI must pass all background checks and screening processes to become an HTS, as outlined in OK policy. 340:100-3-39
- They must be hired by an HTS provider agency or Employer of Record (EOR) in self-directed services
- They must meet all training requirements as outline in OK policy 340:100-3-38.5 and 340:100-3-38.3
- Beginning February 3, LRI who are interested should contact their DDS case manager to discuss the requirements
- The Case Manager will submit a referral for the Oklahoma Choice Assessment to be scheduled
- A DDS evaluator will contact you to schedule and conduct the assessment via Teams. It should take about 15 minutes.
- If extraordinary caregiving needs have been determined, the LRI takes the letter to the provider agency or EOR and applies to work for them.
- The LRI must pass all the background check and screening requirements to be hired. They must complete all required training to be an HTS.
- Once hired, the LRI contacts the Case Manager who holds a Team meeting to review CMS-required assurances and obtain the LRI’s signature.
- The Case Manager adds HTS to the Plan of Care for review.
- Once the HTS units have been approved, the LRI can begin working as the Non-Residential HTS for their loved one, following all provider agency rules.
- Nothing about the authorization for Non-Residential HTS changes. Per Oklahoma policy (340:100-5-35) Non-Residential HTS provided by a person living in the same household will be authorized based on the individual’s needs, not to exceed 40 hours in a seven-day period.
- Per Oklahoma policy (340:100-3-33.2), parents of a waiver recipient whose parental rights have been terminated cannot be paid to provide care to the waiver recipient. Parents of a waiver recipient who is in state custody cannot be paid to care for the waiver recipient while the recipient is in state custody. In the case of Self-Directed Services, the Employer of Record cannot be the LRI for Non-Residential HTS.
- Contact your Case Manager after Feb. 3, 2025, to begin this process.
- If a service recipient has HTS already, nothing changes with the HTS service. The only way this would impact a service recipient in this situation is if the Legally Responsible Individual (LRI) would like to become the HTS. For adults, the only LRI is your spouse, if you are married.
- Family Support Assistance payment (FSAP) is a state funded service, and not a wavier service. Therefore, you would not be eligible to become the HTS via the LRI process. If you would like to apply for waiver services, you are welcome to do so.
Additional Questions?
If you have questions or need clarification about the process not covered in the FAQ, please submit your questions to Legally Responsible Individual training feedback form so DDS can track them and update the Frequently Asked Questions section accordingly.
Please start the LRI process by contacting your DDS case manager. If you encounter any issues, please reach out to TellDDS@okdhs.org
Legally Responsible Individuals (LRI) are parents or guardians of minor children and spouses of adults. Previously, LRI were not permitted to be paid caregivers for their family members receiving Habilitation Training Specialist (HTS) services under the Developmental Disabilities Services (DDS) waivers.
Effective Feb. 3, 2025, LRI of waiver recipients who meet certain criteria may begin applying to become paid Non-Residential HTS for their loved one.
Who is a Legally Responsible Individual (LRI)?
- A biological or adoptive parent(s) of a minor child;
- A step-parent of a minor child;
- A foster parent of a minor child;
- A legal non-volunteer guardian of a minor child;
- A spouse of a service recipient; or
- Anyone deemed legally responsible by court order
Who Qualifies?
For an LRI to be a paid Non-Residential HTS, CMS requires the waiver recipient to have extraordinary caregiving needs.
- Extraordinary care is care that exceeds the range of activities that a legally responsible individual would ordinarily perform in the household on behalf of a person without a disability or chronic illness of the same age and which is necessary to assure the health and welfare of the participant and avoid institutionalization.
- Extraordinary caregiving needs must be assessed annually.
To qualify, the waiver recipient must have extraordinary caregiving needs determined by an assessment, called the Oklahoma Choice Assessment, conducted by a DDS Evaluator.
If extraordinary care has been determined, the waiver recipient and LRI will be sent a letter stating:
**Service recipient** has been determined to have extraordinary caregiving needs via the Oklahoma Choice Assessment, conducted on DATE. This determination permits a Legally Responsible Individual (LRI) to become a Non-Residential Habilitation Training Specialist (HTS) for **Service Recipient** if the LRI is hired by an HTS provider agency or the Employer of Record, as outlined in OAC 340:100-3-33.2.
This determination of extraordinary caregiving needs is valid for one year and will be reassessed prior to the annual Plan of Care meeting for **Service Recipient**.
How This Impacts HTS Providers
You may see an increase in applicants for Non-Residential HTS from LRI as this process rolls out.
What Do You Need To Do?
If an LRI applies to your agency to become a Non-Residential HTS, they must show you the determination letter that states their loved one has extraordinary caregiving needs. You must keep a copy of the determination letter on file. If the LRI has the determination letter, you should continue to process the LRI’s application with the same standards and rules you do for any other applicant for a Non-Residential HTS job.
If they do not have the determination letter, you should direct them to contact their loved one’s DDS Case Manager. They should not continue with your typical application process until they give you the determination letter. If you have any questions or concerns about the determination letter status, please contact the DDS Case Manager for the waiver recipient.
The LRI needs to apply to and be hired by an HTS provider agency or Employer of Record (EOR). They must go through the same application and screening process to be hired and meet all the requirements that any other applicant for a Non-Residential HTS job does. This includes passing screening and background checks and meeting all training requirements as outlined in OAC 340:100-3-33.2
Once Hired, What Happens?
Once the LRI is hired by a provider agency or EOR, they will notify the DDS Case Manager, who will conduct a Team meeting to document CMS-required assurances and obtain the LRI’s signature. Once completed, the Case Manager will follow the typical authorization request process for HTS. The LRI cannot begin working as a Non-Residential HTS until the units are authorized, just like any other HTS recipient.
Does Anything Else Change?
No. The same policies about criteria and authorization of HTS remain in place. Per OAC 340:100-5-35, authorization will not exceed 40 hours in a 7-day period for Non-Residential HTS living in same household.
- To be eligible, individuals must currently be receiving In-Home Supports waiver services or non-residential waiver services.
- An LRI is a Legally Responsible Individual. Per Oklahoma Policy (340:100-3-33.2), an LRI is defined as a biological or adoptive parent(s) of a minor child; a stepparent of a minor child; a foster parent of a minor child; a legal non-volunteer guardian of a minor child; a spouse of a service recipient; or anyone deemed legally responsible by court order.
- DDS has heard from families over time who were interested in becoming paid caregivers for their loved ones. DDS had to request and get permission from the Centers for Medicare and Medicaid Services (CMS) and the Governor. DDS successfully applied and received approval from CMS and the Governor and starting on Feb. 3, 2025, the process can begin.
- CMS requires the waiver recipient to have extraordinary caregiving needs. This is assessed by the Oklahoma Choice Assessment, conducted by a DDS evaluator.
- The LRI must pass all background checks and screening processes to become an HTS, as outlined in OK policy. 340:100-3-39
- They must be hired by an HTS provider agency or Employer of Record (EOR) in self-directed services
- They must meet all training requirements as outline in OK policy 340:100-3-38.5 and 340:100-3-38.3
- Beginning February 3, LRI who are interested should contact their DDS case manager to discuss the requirements
- The Case Manager will submit a referral for the Oklahoma Choice Assessment to be scheduled
- A DDS evaluator will contact you to schedule and conduct the assessment via Teams. It should take about 15 minutes.
- If extraordinary caregiving needs have been determined, the LRI takes the letter to the provider agency or EOR and applies to work for them.
- The LRI must pass all the background check and screening requirements to be hired. They must complete all required training to be an HTS.
- Once hired, the LRI contacts the Case Manager who holds a Team meeting to review CMS-required assurances and obtain the LRI’s signature.
- The Case Manager adds HTS to the Plan of Care for review.
- Once the HTS units have been approved, the LRI can begin working as the Non-Residential HTS for their loved one, following all provider agency rules.
- Nothing about the authorization for Non-Residential HTS changes. Per Oklahoma policy (340:100-5-35) Non-Residential HTS provided by a person living in the same household will be authorized based on the individual’s needs, not to exceed 40 hours in a seven-day period.
- Per Oklahoma policy (340:100-3-33.2), parents of a waiver recipient whose parental rights have been terminated cannot be paid to provide care to the waiver recipient. Parents of a waiver recipient who is in state custody cannot be paid to care for the waiver recipient while the recipient is in state custody. In the case of Self-Directed Services, the Employer of Record cannot be the LRI for Non-Residential HTS.
- Contact your Case Manager after Feb. 3, 2025, to begin this process.
Additional Questions?
If you have questions or need clarification about the process not covered in the FAQ, please submit your questions to Legally Responsible Individual training feedback form so DDS can track them and update the Frequently Asked Questions section accordingly.
Please start the LRI process by contacting your DDS case manager. If you encounter any issues, please reach out to TellDDS@okdhs.org
- If hiring an LRI requires switching to a new EOR, the OKCA assessment must be completed before the Case Manager can submit the referral form to request the EOR change.
- If the EOR is enrolled as ‘vendor-only’ and plans to hire an LRI, the OKCA assessment must be completed before the Case Manager can submit the referral form to request the EOR be sent the additional enrolment information necessary to be approved to supervise SDS staff.
- Switching EORs will require a supervisory switch and vendor approval switch in DCI. On the date the new EOR is made good to go and entered into DCI, the previous EOR will not have access to submit any outstanding vendor payment requests or approve any time. Any missed staff clock-in or outs will not be able to be submitted. The new EOR cannot approve any time previously worked. The new EOR cannot submit vendor payment requests for services that were rendered before the new EOR received their good to go.
Last Modified on
Mar 04, 2025
