Okla. Stat. tit. 56, § 56-198.11c

- Legislative findings and intent - Pilot program - Duties of

Authority.

A. This act shall be known and may be cited as the

"Opportunities for Independent Living Act".

B. The Legislature finds that:

1. In the landmark Olmstead v. L.C. decision, the Supreme Court

interpreted Title II of the Americans with Disabilities Act to

require states to administer programs in the most integrated setting

appropriate to meet the needs of qualified persons with

disabilities;

2. Medicaid is presently structured to provide care to persons

with disabilities in institutional settings such as skilled nursing

facilities and private intermediate care facilities for individuals

with intellectual disabilities (ICFs/IID), and in community-based

settings such as group homes and waiver programs; and

3. Persons with disabilities living in institutional settings

must meet certain low-income standards to become eligible for

institutional care. Therefore, when a person with disabilities

wishes to move into the community, he or she has little or no

resources to pay for rent and utility deposits or purchase basic

household items.

C. It is the intent of the Legislature to establish a three-

year pilot program that:

1. Is consistent with and implements the Olmstead Decision;

2. Develops eligibility criteria for the pilot program;

3. In coordination with the Oklahoma Health Care Authority and

the Department of Human Services Aging Division, utilizes the

Centers for Medicare and Medicaid Services Minimum Data Set (MDS)

information to identify thirty people who have requested to receive

their services in a community setting;

4. Identifies barriers to moving into the community;

5. Works with nurses and case managers to coordinate services

for eligible participants within the pilot program to ensure the

health and safety of each consumer;

6. Establishes an infrastructure to allow for an effective

system that allows money to follow the person from Medicaid programs

into the community settings;

7. Increases the availability of safe, affordable and

accessible housing;

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8. Establishes a presence within local hospitals to reduce the

number of inappropriate placements within institutional settings;

9. Develops benefits counseling options; and

10. Allows qualified persons with disabilities the opportunity

to transition from institutions into the community.

D. Subject to the availability of funding, the Oklahoma Health

Care Authority shall establish and maintain a three-year pilot

program to assist qualified individuals with disabilities living in

institutions to transition into the community. The Authority shall

act as the lead agency and is authorized to consult and cooperate

with the Department of Human Services as necessary to carry out the

provisions of the Opportunities for Independent Living Act.

E. The Authority shall enter into contracts to carry out the

provisions of the Opportunities for Independent Living Act. Such

contracted entities shall be consumer-controlled, non-residence-

based, community-based, nonprofit organizations with experience in

transitioning persons with disabilities into community settings.

F. The Authority through its duly contracted entities shall:

1. Utilize MDS data to identify participants who prefer to

receive services within the community;

2. Develop eligibility criteria for pilot program participants;

3. Provide ongoing assistance to further develop assessment

criteria for pilot program participants;

4. Work in conjunction with health care providers and case

managers to coordinate services for pilot program participants;

5. Establish an effective system that allows money to follow

pilot program participants from the institutional setting to the

community;

6. Increase pilot program participant access to safe and

affordable housing;

7. Offer follow-up services such as training, technical
4. Work in conjunction with health care providers and case

managers to coordinate services for pilot program participants;

5. Establish an effective system that allows money to follow

pilot program participants from the institutional setting to the

community;

6. Increase pilot program participant access to safe and

affordable housing;

7. Offer follow-up services such as training, technical

assistance and support for pilot program participants; and

8. Develop curriculum and marketing materials to train future

service providers.

G. The Authority through its duly contracted entities is

authorized to use available funding to assist eligible persons under

the Opportunities for Independent Living Act to:

1. Pay rent deposits;

2. Pay utility deposits;

3. Purchase initial household supplies;

4. Purchase basic initial household appliances; and

5. Purchase initial furniture and pay moving expenses.

H. The Authority shall promulgate rules as necessary to carry

out the provisions of the Opportunities for Independent Living Act.

Such rules shall include but are not limited to:

1. Eligibility criteria for services;

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2. Assessment protocols to identify persons in need of

services; and

3. Funding to assist eligible persons.

I. The Authority and the Department of Human Services shall

evaluate the implementation of the pilot program and annually make

recommendations to the Legislature regarding its effectiveness.