OHCA Policies and Rules
(a) The agency providing Agency Companion Services (ACS) complies with Oklahoma Health Care Authority and Oklahoma Department of Human Services policies and procedures governing all aspects of service provision.
(b) The provider agency is responsible for all employee or contract provider related activities detailed in this Subchapter.
(c) In the event the provider agency wishes to discontinue services immediately due to an emergency, the provider agency cooperates with the Developmental Disabilities Services Division (DDSD) to secure alternative services in the least restrictive environment.
(d) The provider agency ensures that services provided meet requirements of OAC 340:100-5-22.1, unless different requirements are stated in this Section.
(e) If the agency serves as the member's representative payee, the agency must adhere to the requirements of OAC 340:100-3-4.1.
(f) The provider agency acts immediately to remedy any situation posing a risk to the health, well-being, or provision of specified services to the member.
(1) In the event of such a risk, the provider agency immediately notifies DDSD of the nature of the situation and notifies DDSD upon the resolution of the threatening situation.
(2) The provider agency's program coordination staff contacts and informs the DDSD case manager within 24 hours of an incident or injury. The provider agency completes and submits incident and injury reports to DDSD in accordance with OAC 340:100-3-34.
(3) A companion is immediately terminated when a provider agency becomes aware that a companion's name appears on the Community Services Worker Registry per OAC 340:100-3-39.
(g) The provider agency ensures that only one member is served in a provider home. Exceptions may be approved by the DDSD area manager or designee.
(h) When the provider agency has knowledge of problems occurring in the placement, the provider agency's program coordination staff immediately schedules a meeting with the companion, the member, the member's legal guardian or advocate, the DDSD case manager and other appropriate DDSD staff to resolve the issues involved. If resolution of the issues does not occur at the meeting, any participant is to contact the DDSD area manager or designee and the provider agency for resolution.
(i) When a change in the provider agency is requested by the member or the companion, all participants attempt to resolve the issues. No change in the provider agency occurs unless the DDSD area manager or designee agrees that all issues have been discussed.
(j) The decision to remain or terminate services with the provider agency is the choice of the member or his or her legal guardian.
(k) When a member transfers from a provider agency, the provider agency ensures that the member has a 30-day supply of medication and a seven-day supply of food, household supplies, and personal supplies.
(l) The responsibilities of the provider agency's program coordination staff are:
(1) to visit the provider home daily during the first week of placement;
(2) to visit the home a minimum of three times per month per OAC 340:100-5-22.1;
(3) to allow the needs of the member to determine the frequency of all other visits;
(4) to coordinate and submit quarterly reports to the provider agency for submission to the DDSD area office; and
(5) to communicate regularly with the DDSD case manager regarding any changes in the household or any other program issues or concerns.
(m) The provider agency works with the companion, member, and guardian to develop a back-up plan identifying respite staff. The back-up plan:
(1) is submitted to the DDSD case manager for approval;
(2) describes expected and emergency back-up support and program monitoring for the home; and
(3) is incorporated into the member's Individual Plan (Plan).
(n) The respite provider is:
(1) knowledgeable about the member;
(2) trained to implement the member's Plan;
(3) trained per OAC 340:100-3-38;
(4) responsible for the cost of their meals and entertainment during recreation and leisure activities. Activities selected must be affordable to the member and respite staff. Concerns about affordability are presented to the Team for resolution.
(o) The spouse or other adult residing in the home is considered a natural support and may provide ACS in the absence of the companion, when trained per OAC 340:100-3-38.12.
(p) The spouse or other adult residing in the home cannot serve as paid respite staff.
Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.