Okla. Stat. tit. 56, § 56-198.16

expansion - Review.

A. In order to implement the Oklahoma Self-Directed Care Act:

1. The Oklahoma Health Care Authority Board and the Commission

for Human Services are hereby authorized to promulgate rules

necessary to enact the provisions of this act;

2. The Oklahoma Health Care Authority shall take all actions

necessary to ensure state compliance with federal regulations;

3. The Authority shall apply for any necessary federal waivers

or waiver amendments required to implement the program;

4. The Legislature intends that, as consumers relocate from

institutional settings to community-based options, funds used to

serve consumers in institutional settings shall follow consumers to

cover the cost of community-based services; and

5. The Department of Human Services or other applicable state

entity for the population served may develop an electronic benefit

transfer feature for the provision of self-directed care services to

consumers.

B. The Oklahoma Self-Directed Care Act, at a minimum, shall

meet the following requirements:

1. The cost in the aggregate of the services offered through

the self-directed care plan shall be equal to or less than the cost

of a home- and community-based waiver or comparable waiver program;

2. The baseline level of consumer satisfaction shall be

measured by a third party prior to initiation of the Oklahoma Self-

Directed Care Act;

3. The scope of services offered within the Self-Directed Care

Program shall comply with current state statutes and rules, and

federal regulations; and

4. Program evaluation which shall include an indication of

whether consumer satisfaction for Self-Directed Care Program

consumers is higher than or equal to consumer satisfaction for

home- and community-based waiver clients or other comparable waiver

programs, as measured by a third party.

Oklahoma Statutes - Title 56. Poor Persons Page 80

C. Upon the approval of the Centers for Medicare and Medicaid

Services and the availability of funds, the Authority and the

Department shall implement the Self-Directed Care Program statewide

if the evaluation provided for in subsection B of this section

demonstrates consumer satisfaction with and cost-effectiveness in

the delivery of the program.

D. The Authority and the Department shall conduct a feasibility

study on the future design and implementation of expanding the home-

and community-based waiver program to include additional people with

developmental disabilities, spinal cord injury or traumatic brain

injury; provided, however, before allocating any new monies to such

program, the Department and the Authority shall prepare and submit

to the Legislature the results of the feasibility study and a fiscal

impact statement.

E. The Authority and the Department of Human Services shall

each, on an ongoing basis, review and assess the implementation of

the Self-Directed Care Program. By January 15 of each year, the

Authority shall submit a written report to the Governor and

Legislature that includes each agency’s review of the program.

F. The Department of Human Services shall appoint a committee

to assist the Department in the development of waivers and rules

related to self-directed services, including the functional needs

assessment used for determination of eligibility for the Self-

Directed Services program. The committee shall be composed of two

self advocates or adults with developmental disabilities; two

parents or family members of consumers; two advocates; two

representatives of an agency providing Developmental Disabilities

Services Division waiver services; one representative from the

Oklahoma Parent Center; and one representative from the University

of Oklahoma Health Sciences Center for Learning and Leadership. The

committee shall sunset no later than four (4) years after

implementation of programs indicated in this act. The Governor,

President Pro Tempore of the Senate and the Speaker of the House of
lities

Services Division waiver services; one representative from the

Oklahoma Parent Center; and one representative from the University

of Oklahoma Health Sciences Center for Learning and Leadership. The

committee shall sunset no later than four (4) years after

implementation of programs indicated in this act. The Governor,

President Pro Tempore of the Senate and the Speaker of the House of

Representatives shall each appoint an at-large representative to the

Committee.

The Authority is hereby directed to modify the state Medicaid

program Personal Care Program to allow any person to self-direct his

or her own personal care services who:

1. Is eligible to receive Personal Care Program services;

2. Chooses to receive Personal Care Program services; and

3. Is able to direct his or her own care or to designate an

eligible representative to assist in directing such care.