Okla. Stat. tit. 56, § 56-1020

Gifts.

A. The Director of the Department of Human Services shall,

within the constraints of funding appropriated to the Department,

establish and maintain a community-based program of services that

includes, but is not limited to, establishment of foster care and

supported living arrangements for persons affected by Prader-Willi

Oklahoma Statutes - Title 56. Poor Persons Page 252

syndrome. The purpose of this section of law shall be to improve

the quality of life of persons with developmental disabilities and

to integrate such persons into the mainstream of society by ensuring

availability of community services.

B. The programs established pursuant to this section shall be

administered by the Developmental Disabilities Service Division.

The Commission for Human Services shall promulgate rules for the

operation of community-based programs for persons with developmental

disabilities including, but not limited to, rules regarding the

delivery of:

1. Health-related services. As used in this section, health-

related services means services provided by community services

providers or community services workers to persons with

developmental disabilities, and includes, but is not limited to:

a. personal hygiene,

b. transferring,

c. range of motion,

d. supervision or assistance with activities of daily

living,

e. basic nursing care, such as taking the person's

temperature, pulse or respiration, positioning,

incontinent care, and identification of signs and

symptoms of disease. Certain tasks that may be

performed as basic nursing care by community services

workers require appropriate training provided or

approved by the Department, written agreement by the

service recipient's personal support team, and the

primary care physician's acknowledgment and specific

order related to the task. Under such circumstances,

basic nursing care may include, but need not be

limited to:

(1) nutrition, including meals by gastrostomy tube or

jejunostomy tube,

(2) blood glucose monitoring,

(3) ostomy bag care,

(4) oral suctioning, and

(5) administration of oral metered dose inhalers and

nebulizers;

2. Supportive assistance, which means the service rendered to

persons with developmental disabilities that is sufficient to enable

such person to meet an adequate level of daily living. Supportive

assistance includes, but is not limited to, training and supervision

of persons with developmental disabilities, assistance in

housekeeping, assistance in the preparation of meals, and assistance

in activities of daily living as necessary for the health and

comfort of persons with developmental disabilities; and

Oklahoma Statutes - Title 56. Poor Persons Page 253

3. Safe storage and administration of medications, first aid

treatments and nutrition by oral, rectal, vaginal, otic, ophthalmic,

nasal, skin, topical, transdermal and gastrostomy tube routes by

community service workers who have successfully completed

competency-based training approved by the Department.

C. The Department shall undertake to identify and utilize any

and all federal funding which may be available for such services.

D. The Department is authorized to accept any gift of real or

personal property made for the use or benefit of any program or

services established pursuant to this section. Such gift may only

be utilized for the purpose or purposes for which it is given.

E. The Department shall be the agency responsible for annual

performance audits of community-based services provided through Home

and Community-Based Medicaid Waivers. The Oklahoma Health Care

Authority (OHCA) shall be responsible for auditing claims to confirm

that the services billed by contract providers have been delivered

per requirements from the Centers for Medicare and Medicaid Services

(CMS).