1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1385 By: Stanley
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6 AS INTRODUCED
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7 An Act relating to home- and community-based
7 services; amending 56 O.S. 2021, Section 1025.1,
8 which relates to definitions; modifying and adding
8 definitions; amending 56 O.S. 2021, Section 1025.2,
9 which relates to community services provider
9 requirements; broadening allowed criminal history
10 records searches for certain providers; authorizing
10 the Department of Human Services to obtain national
11 criminal history records search for certain community
11 services providers; describing certain searches;
12 broadening applicability of certain provisions;
12 increasing time period of certain temporary
13 employment; requiring certain community services
13 providers to provide national criminal history
14 records search for certain workers; updating
14 statutory references; and providing an effective
15 date.
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16
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 56 O.S. 2021, Section 1025.1, is
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19 amended to read as follows:
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20 Section 1025.1. For the purposes of Sections 1025.2 through
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21 1025.4 of this title:
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22 1. “Administrative information” means information reported to
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23 or obtained by the Department of Human Services regarding the
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24 community services provider during the investigative process that
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 1 may be appropriate for internal administrative action but does not
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2 have the potential to impact the immediate health, safety or welfare
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3 of recipients of community services, has not been verified as true
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4 and is for informational purposes only;
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5 2. “Area of concern” means an issue that does not rise to the
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6 level of abuse or neglect but may constitute a possible deficiency,
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7 irregularity or deviation from policies and best practices by the
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8 community services provider which has the potential to impact the
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9 health, safety or welfare of recipients of community-based services,
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10 and the Department of Human Services has conducted sufficient
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11 inquiry into the issue to meet the probable cause investigative
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12 standard;
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13 3. “Bureau” means the Oklahoma State Bureau of Investigation;
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14 4. “Community services provider” means a community-based
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15 program, corporation, or individual who contracts with, or is
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16 licensed or funded by, the Department of Human Services to provide
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17 residential or vocational services through in-person supports or
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18 through the use of remote supports to persons who are elderly or
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19 persons with intellectual or developmental disabilities, or
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20 contracts with the Oklahoma Health Care Authority to provide
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21 services to individuals with intellectual disabilities through a
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22 Home and Community-Based Waiver, except a private ICF/IID;
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23 5. “Community services worker” means any person employed by or
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24 under contract with a community services provider who provides, for
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 1 compensation or as a volunteer, health-related services, training,
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2 or supportive assistance to persons who are elderly or persons with
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3 developmental disabilities, and who is not a licensed health
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4 professional or any person who contracts with the Oklahoma Health
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5 Care Authority to provide specialized foster care, habilitation
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6 training specialist services, or homemaker services to persons with
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7 developmental disabilities;
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8 6. “Department” means the Department of Human Services;
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9 7. “Developmental disability” means a severe, chronic
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10 disability of a person which:
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11 a. is attributable to a mental or physical impairment or
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12 combination of mental and physical impairments, such
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13 as an intellectual development disorder, cerebral
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14 palsy, or autism,
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15 b. is manifested before the person attains twenty-two
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16 (22) years of age,
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17 c. is likely to continue indefinitely,
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18 d. results in substantial functional limitations in three
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19 or more of the following areas of major life activity:
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20 (1) self-care,
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21 (2) receptive and expressive language,
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22 (3) learning,
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23 (4) mobility,
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24 (5) self-direction,
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 1 (6) capacity for independent living, and
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2 (7) economic self-sufficiency, and
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3 e. reflects the person’s need for a combination and
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4 sequence of special, interdisciplinary, or generic
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5 care, treatment, or other services which are of
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6 lifelong or extended duration and are individually
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7 planned and coordinated;
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8 8. “Health-related services” means those services provided by
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9 community services providers or community services workers to
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10 persons who are elderly or persons with developmental disabilities
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11 that include, but are not limited to, personal hygiene,
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12 transferring, range of motion, supervision or assistance in
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13 activities of daily living, basic nursing care such as taking
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14 temperature, pulse or respiration, positioning, incontinent care,
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15 and identification of signs and symptoms of disease. Certain tasks
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16 that may be performed as basic nursing care by community services
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17 workers require appropriate training provided or approved by the
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18 Department, written agreement by the service recipient’s personal
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19 support team, and the primary care physician’s acknowledgement and
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20 specific order related to the task. Under such circumstances, basic
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21 nursing care may include, but need not be limited to:
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22 a. nutrition including meals by gastrostomy tube or
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23 jejeunostomy jejunostomy tube,
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24 b. blood glucose monitoring,
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 1 c. ostomy bag care,
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2 d. oral suctioning, and
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3 e. administration of oral metered dose inhalers and
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4 nebulizers;
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5 9. “Supportive assistance” means the service rendered to
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6 persons with developmental disabilities which is sufficient to
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7 enable such person to meet an adequate level of daily living.
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8 Supportive assistance includes, but is not limited to, training,
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9 supervision, assistance in housekeeping, assistance in the
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10 preparation of meals, and assistance in activities of daily living
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11 as necessary for the health and comfort of persons with
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12 developmental disabilities;
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13 10. “Remote supports” means the utilization of technology by
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14 community services workers who are in remote locations, away from
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15 the residences or locations of individuals with developmental or
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16 intellectual disabilities, to provide health-related services or
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17 supportive assistance to those individuals. Communication with
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18 individuals with developmental or intellectual disabilities shall be
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19 achieved with the use of two-way communications by community
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20 services workers through such means as telephone or video feeds;
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21 11. “Maltreatment” means abuse, verbal abuse, sexual abuse,
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22 neglect, financial neglect, exploitation or sexual exploitation of
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23 vulnerable adults as defined in Section 10-103 of Title 43A of the
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24 Oklahoma Statutes or abuse, neglect, sexual abuse or sexual
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 1 exploitation of children as defined in Section 1-1-105 of Title 10A
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2 of the Oklahoma Statutes;
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3 11. 12. “Personal care” means a level of assistance provided in
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4 the home of an individual to meet the individual’s activities of
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5 daily living needs such as bathing, grooming, meal preparation,
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6 light housekeeping, laundry, and care plan-directed errands;
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7 12. 13. “Medicaid personal care services provider” means a
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8 program, corporation or individual who provides services under the
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9 state Medicaid program personal care program or ADvantage Waiver
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10 Program to individuals who are elderly or who have a physical
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11 disability;
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12 13. 14. “Medicaid personal care assistant” means a person who
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13 provides Medicaid services funded under the state Medicaid program
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14 personal care program, who is not a certified nurse aide or a
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15 licensed professional;
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16 14. 15. “Specialized foster care” means the home- and
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17 community-based service as defined in the 1915(c) waiver approved by
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18 the Centers for Medicare and Medicaid Services;
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19 15. 16. “Habilitation training specialist services” means the
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20 home- and community-based service as defined in the 1915(c) waiver
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21 approved by the Centers for Medicare and Medicaid Services; and
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22 16. 17. “Homemaker services” means the home- and community-
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23 based service as defined in the 1915(c) waiver approved by the
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24 Centers for Medicare and Medicaid Services.
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 1 SECTION 2. AMENDATORY 56 O.S. 2021, Section 1025.2, is
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2 amended to read as follows:
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3 Section 1025.2. A. 1. Except as otherwise provided by
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4 subsection C of this section, before any community services provider
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5 or Medicaid personal care services provider makes an offer to employ
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6 or to contract with a community services worker applicant or a
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7 Medicaid personal care assistant applicant to provide health-related
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8 services, training, or supportive assistance to a person with a
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9 developmental disability, or personal care services to a person who
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10 receives the services of the state Medicaid personal care program,
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11 the community services provider or Medicaid personal care services
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12 provider shall:
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13 a. provide, prior to a check with the Department of Human
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14 Services, for a criminal history records search to be
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15 made on the community services worker applicant or
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16 Medicaid personal care assistant or contractor
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17 pursuant to the provisions of this section, and
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18 b. check with the Department of Human Services to
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19 determine if the name of the applicant seeking
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20 employment or contract has been entered on the
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21 community services worker registry created pursuant to
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22 Section 1025.3 of this title. Prior to a decision by
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23 the Department to enter the name of a community
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24 services worker or a Medicaid personal care assistant
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 1 on such registry, the Department shall allow for
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2 notice and opportunity for due process for such
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3 community services worker or Medicaid personal care
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4 assistant against whom a final investigative finding
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5 by the Department of Human Services of maltreatment of
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6 an individual has been made. If the name of the
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7 applicant seeking employment or a contract with the
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8 community services provider or Medicaid personal care
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9 assistant is listed on the registry as having a
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10 finding by an Administrative Law Judge pursuant to the
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11 requirements of Section 1025.3 of this title, and the
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12 Department has allowed for notice and opportunity for
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13 due process for such applicant, the provider shall not
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14 hire the applicant.
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15 2. If the Department of Human Services contracts directly with
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16 a Medicaid personal care assistant, the Department shall follow the
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17 screening procedures required by this section for Medicaid personal
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18 care services providers.
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19 3. If the Oklahoma Health Care Authority contracts directly
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20 with a specialized foster care provider or habilitation training
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21 specialist services provider or a homemaker services provider, the
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22 Department shall follow the screening procedures required by this
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23 section for community services providers.
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 1 4. Community services providers and Medicaid personal care
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2 services providers are authorized to obtain records of any criminal
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3 conviction, guilty plea, or plea of nolo contendere maintained by
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4 the Oklahoma State Bureau of Investigation (Bureau), or a Federal
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5 Bureau of Investigation (FBI) national criminal history records
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6 search, based on fingerprints which the employer is required or
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7 authorized to request pursuant to the provisions of this section.
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8 5. The Department of Human Services is authorized to obtain a
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9 national criminal history records search based on submission of
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10 fingerprints for community services providers that provide remote
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11 supports. The search shall:
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12 a. be conducted by the Oklahoma State Bureau of
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13 Investigation and the Federal Bureau of Investigation
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14 pursuant to Section 150.9 of Title 74 of the Oklahoma
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15 Statutes, with the Department as the authorized
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16 agency,
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17 b. be submitted and have results received between the
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18 Department and the Oklahoma State Bureau of
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19 Investigation through secure electronic transmissions,
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20 and
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21 c. be paid for by the applicant or the community services
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22 provider.
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23 6. A criminal history records search for community services
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24 providers shall include:
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 1 a. an Oklahoma State Courts Network search, except for
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2 community services providers that provide remote
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3 supports,
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4 b. a search of the Restricted Registry established under
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5 the Oklahoma Child Care Facilities Licensing Act,
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6 c. a national criminal history records search for
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7 community services providers that provide remote
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8 supports in accordance with paragraph 5 of this
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9 subsection,
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10 d. a sex offender registry search conducted by an
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11 authorized source, when the individual has lived
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12 outside this state within the last five (5) years, and
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13 e. a search of the Department of Corrections’ files
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14 maintained pursuant to the Sex Offenders Registration
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15 Act and conducted by the Department of Human Services.
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16 7. A Medicaid personal care services provider shall request the
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17 Bureau or FBI to conduct a criminal history records search on
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18 Medicaid personal care assistants pursuant to the provisions of
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19 Section 1-1950.1 of Title 63 of the Oklahoma Statutes.
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20 6. 8. The community services provider shall request the Bureau
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21 or FBI to conduct a criminal history records search on a community
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22 services worker desiring employment or a contract with the provider
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23 and shall provide to the Bureau or FBI any relevant information
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24 required by the Bureau or FBI to con