Okla. Stat. tit. 63, § 63-5013.2

services to Medicaid members through a licensed home care agency —

Requirements.

A. As used in this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1720

1. “Family member” means a child, parent, parent-in-law,

sibling, grandparent, grandchild, spouse, or any other individual

related by blood, and any other individual with a close association

that is the equivalent of a family relationship; and

2. “Home care agency” and “skilled care” have the same meanings

as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes.

B. Not later than one year after the effective date of this act

and subject to receipt of federal approval for the program, the

Oklahoma Health Care Authority shall establish a program under which

a family member of a Medicaid member may be recognized as a family

caregiver and, after receiving such recognition, may, under the

direction and supervision of a Registered Nurse, provide services to

the Medicaid member through a licensed home care agency under the

reimbursement rates established under subsection F of this section,

provided that the Medicaid member is:

1. Under the age of twenty-one (21) years; and

2. Approved to receive private duty nursing services, or paid

family caregiver benefits in lieu of private duty nursing services.

C. 1. The program established under this section shall require

the family caregiver to fulfill such requirements or meet such

qualifications as may be prescribed by the Oklahoma Health Care

Authority Board. Such requirements shall include, but not be

limited to, completion of a criminal history background check.

2. The Board may prescribe standards for training, competency

evaluation, and such other requirements or qualification criteria as

the Board deems necessary and appropriate.

D. The Board shall establish scope of practice standards and

restrictions for services that a recognized family caregiver may

provide to a Medicaid enrollee. The scope of practice may include

necessary and appropriate skilled care tasks. In establishing such

standards and restrictions, the Board shall consider the advice of

the State Department of Health.

E. It shall be the duty of the home care agency to ensure that

a recognized family caregiver meets the qualifications and

requirements prescribed by this section and rules promulgated by the

Board.

F. Reimbursable services provided by a recognized family

caregiver under the program established under this section shall be

reimbursed to a home care agency at a rate established by the

Authority.

G. 1. The Board shall promulgate rules as necessary to

implement this section.

2. The Administrator of the Authority shall apply for such

state plan amendments or waivers as may be necessary to implement

this section and to secure federal financial participation for state

Medicaid expenditures under the federal Medicaid program.