Okla. Stat. tit. 63, § 63-1-1945

For purposes of the Long-term Care Security Act:

1. “Long-term care facility” means:

a. a nursing facility or specialized facility as defined

by Section 1-1902 of this title,

b. an adult day care center as defined by Section 1-872

of this title,

c. skilled nursing care provided in a distinct part of a

hospital as defined by Section 1-701 of this title,

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d. an assisted living center as defined by Section 1-

890.2 of this title,

e. the nursing care component of a continuum of care

facility as defined under the Continuum of Care and

Assisted Living Act,

f. the nursing care component of a life care community as

defined by the Long-term Care Insurance Act, or

g. a residential care home as defined by Section 1-820 of

this title;

2. “Ombudsman” means the individual employed by the Office of

the Attorney General as the State Long-Term Care Ombudsman;

3. “Nurse aide” means any person who provides, for

compensation, nursing care or health-related services to residents

in a nursing facility, a specialized facility, a residential care

home, continuum of care facility, assisted living center, or an

adult day care center and who is not a licensed health professional.

Such term also means any person who provides such services to

individuals in their own homes as an employee or contract provider

of a home health or home care agency, or as a contract provider of

the State Plan Personal Care Program of the state Medicaid program;

4. “Employer” means any of the following facilities, homes,

agencies, or programs which are subject to the provisions of Section

1-1947 of this title:

a. a nursing facility or specialized facility as such

terms are defined in the Nursing Home Care Act,

b. a residential care home as such term is defined by the

Residential Care Act,

c. an adult day care center as such term is defined in

the Adult Day Care Act,

d. an assisted living center as such term is defined by

the Continuum of Care and Assisted Living Act,

e. a continuum of care facility as such term is defined

by the Continuum of Care and Assisted Living Act,

f. a home health or home care agency,

g. the Department of Human Services, in its capacity as

an operator of any hospital or health care institution

or as a contractor with providers under the State Plan

Personal Care Program of the state Medicaid program,

h. a hospice agency as such term is defined in the

Oklahoma Hospice Licensing Act,

i. a Medicaid home- and community-based services waivered

provider as defined in Section 1915(c) or 1915(i) of

the federal Social Security Act,

j. a staffing agency with a contracted relationship to

provide staff with direct patient access to service

recipients of one or more of the other employers

listed in this paragraph, and

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k. an independent contractor where the independent

contractor has a contracted relationship to provide

staff or services with direct patient access to

service recipients for one or more of the employers

listed in this paragraph;

5. “Home health or home care agency” means any person,

partnership, association, corporation, or other organization which

administers, offers, or provides health care services or supportive

assistance for compensation to three or more ill, disabled, or

infirm persons in the temporary or permanent residence of such

persons, and includes any subunits or branch offices of a parent

home health or home care agency;

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

7. “FBI” means the Federal Bureau of Investigation;

8. “Applicant” means an individual who applies for employment

with an employer, applies to work as an independent contractor to an

employer, applies to provide services to service recipients through

the granting of clinical privileges by an employer, or applies to a

nurse aide scholarship program;
the Oklahoma State Bureau of Investigation;

7. “FBI” means the Federal Bureau of Investigation;

8. “Applicant” means an individual who applies for employment

with an employer, applies to work as an independent contractor to an

employer, applies to provide services to service recipients through

the granting of clinical privileges by an employer, or applies to a

nurse aide scholarship program;

9. “Direct patient access” means access to a service recipient

of an employer, through employment, independent contract, or the

granting of clinical privileges, in which the performance of duties

involves, or may involve one-on-one contact with a service recipient

of the employer on an ongoing basis. The term shall include access

to a service recipient's property, medical information, or financial

information. The term does not include a volunteer unless the

volunteer has duties that are equivalent to the duties of a direct

patient access employee and those duties involve one-on-one contact

with a service recipient of an employer, without line-of-sight

supervision by employer staff;

10. “Independent contract” means a contract entered into by an

employer with an individual who provides the contracted services

independently or a contract entered into by an employer with an

organization or agency that employs or contracts with an individual

after complying with the requirements of this section to provide the

contracted services to the employer on behalf of the organization or

agency;

11. “Medicare” means benefits under the Federal Medicare

Program established under Title XVIII of the Social Security Act,

Title 42 of the United States Code, Sections 1395 to 1395hhh;

12. “Registry screening” means a review of those registries

identified in subsection D of Section 1-1947 of this title;

13. “Department” means the State Department of Health;

14. “Nurse aide scholarship program” means a nurse aide

training program operated under contract with the Oklahoma Health

Care Authority for the purpose of providing free training to

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prospective nurse aides in exchange for employment in a SoonerCare

contracted facility; and

15. “Service recipient” means a patient, resident, participant,

consumer, client, or member receiving services from an employer.