Okla. Stat. tit. 56, § 56-1025.1

For the purposes of Sections 1025.2 through 1025.4 of this

title:

1. “Administrative information” means information reported to

or obtained by the Department of Human Services regarding the

community services provider during the investigative process that

may be appropriate for internal administrative action but does not

have the potential to impact the immediate health, safety or welfare

of recipients of community services, has not been verified as true

and is for informational purposes only;

2. “Area of concern” means an issue that does not rise to the

level of abuse or neglect but may constitute a possible deficiency,

irregularity or deviation from policies and best practices by the

community services provider which has the potential to impact the

health, safety or welfare of recipients of community-based services,

and the Department of Human Services has conducted sufficient

inquiry into the issue to meet the probable cause investigative

standard;

3. “Bureau” means the Oklahoma State Bureau of Investigation;

4. “Community services provider” means a community-based

program, corporation, or individual who contracts with, or is

licensed or funded by, the Department of Human Services to provide

residential or vocational services through in-person supports or

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through the use of remote supports to persons who are elderly or

persons with intellectual or developmental disabilities, or

contracts with the Oklahoma Health Care Authority to provide

services to individuals with intellectual disabilities through a

Home and Community-Based Waiver, except a private ICF/IID;

5. “Community services worker” means any person employed by or

under contract with a community services provider who provides, for

compensation or as a volunteer, health-related services, training,

or supportive assistance to persons who are elderly or persons with

developmental disabilities, and who is not a licensed health

professional or any person who contracts with the Oklahoma Health

Care Authority to provide specialized foster care, habilitation

training specialist services, or homemaker services to persons with

developmental disabilities;

6. “Department” means the Department of Human Services;

7. “Developmental disability” means a severe, chronic

disability of a person which:

a. is attributable to a mental or physical impairment or

combination of mental and physical impairments, such

as an intellectual development disorder, cerebral

palsy, or autism,

b. is manifested before the person attains twenty-two

(22) years of age,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, and
al

palsy, or autism,

b. is manifested before the person attains twenty-two

(22) years of age,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, and

(7) economic self-sufficiency, and

e. reflects the person’s need for a combination and

sequence of special, interdisciplinary, or generic

care, treatment, or other services which are of

lifelong or extended duration and are individually

planned and coordinated;

8. “Health-related services” means those services provided by

community services providers or community services workers to

persons who are elderly or persons with developmental disabilities

that include, but are not limited to, personal hygiene,

transferring, range of motion, supervision or assistance in

activities of daily living, basic nursing care such as taking

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

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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 acknowledgement and

specific order related to the task. Under such circumstances, basic

nursing care may include, but need not be limited to:

a. nutrition including meals by gastrostomy tube or

jejunostomy tube,

b. blood glucose monitoring,

c. ostomy bag care,

d. oral suctioning, and

e. administration of oral metered dose inhalers and

nebulizers;

9. “Supportive assistance” means the service rendered to

persons with developmental disabilities which is sufficient to

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

Supportive assistance includes, but is not limited to, training,

supervision, 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;

10. “Remote supports” means the utilization of technology by

community services workers who are in remote locations, away from

the residences or locations of individuals with developmental or

intellectual disabilities, to provide health-related services or

supportive assistance to those individuals. Communication with

individuals with developmental or intellectual disabilities shall be

achieved with the use of two-way communications by community

services workers through such means as telephone or video feeds;

11. “Maltreatment” means abuse, verbal abuse, sexual abuse,

neglect, financial neglect, exploitation or sexual exploitation of

vulnerable adults as defined in Section 10-103 of Title 43A of the

Oklahoma Statutes or abuse, neglect, sexual abuse or sexual

exploitation of children as defined in Section 1-1-105 of Title 10A

of the Oklahoma Statutes;

12. “Personal care” means a level of assistance provided in the

home of an individual to meet the individual’s activities of daily

living needs such as bathing, grooming, meal preparation, light

housekeeping, laundry, and care plan-directed errands;

13. “Medicaid personal care services provider” means a program,

corporation or individual who provides services under the state

Medicaid personal care program or ADvantage Waiver Program to

individuals who are elderly or who have a physical disability;

14. “Medicaid personal care assistant” means a person who

provides Medicaid services funded under the state Medicaid personal

care program, who is not a certified nurse aide or a licensed

professional;

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nder the state

Medicaid personal care program or ADvantage Waiver Program to

individuals who are elderly or who have a physical disability;

14. “Medicaid personal care assistant” means a person who

provides Medicaid services funded under the state Medicaid personal

care program, who is not a certified nurse aide or a licensed

professional;

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15. “Specialized foster care” means the home- and community-

based service as defined in the 1915(c) waiver approved by the

Centers for Medicare and Medicaid Services;

16. “Habilitation training specialist services” means the home-

and community-based service as defined in the 1915(c) waiver

approved by the Centers for Medicare and Medicaid Services; and

17. “Homemaker services” means the home- and community-based

service as defined in the 1915(c) waiver approved by the Centers for

Medicare and Medicaid Services.