1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3238 By: Lawson
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6 AS INTRODUCED
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7 An Act relating to poor persons; defining terms;
7 designating the Oklahoma Health Care Authority as the
8 state administering agency for PACE program
8 agreements; authorizing the Authority to enter into
9 PACE program agreements; requiring enforcement of
9 certain federal laws and regulations; authorizing the
10 Authority to enter into certain agreements with the
10 State Department of Health; directing the Department
11 to create and issue certain license; stating minimum
11 licensure requirements; directing monitoring of PACE
12 organizations; prohibiting certain regulation;
12 authorizing certain action for noncompliance;
13 directing promulgation of rules; amending 63 O.S.
13 2021, Section 1-872, which relates to the Adult Day
14 Care Act; modifying definition; amending 63 O.S.
14 2021, Section 1-1961, which relates to the Home Care
15 Act; modifying definition; updating statutory
15 language; providing for codification; and providing
16 an effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1017.7 of Title 56, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. As used in this section:
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 1 1. “PACE” shall mean the program of all-inclusive care for the
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2 elderly; and
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3 2. The terms “PACE program agreement”, “PACE organization”, and
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4 “state administering agency” shall have the same meaning as provided
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5 by 42 C.F.R., Section 460.6.
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6 B. 1. The Oklahoma Health Care Authority shall serve as the
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7 state administering agency responsible for administering PACE
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8 program agreements under 42 C.F.R., Part 460, Subpart C. The
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9 Authority may enter into PACE program agreements with PACE
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10 organizations and the Centers for Medicare and Medicaid Services.
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11 2. The Authority shall enforce applicable federal laws and
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12 regulations governing PACE organizations, including, but not limited
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13 to, regulations of the Centers for Medicare and Medicaid Services
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14 codified at 42 C.F.R., Part 460. The Authority may enter into an
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15 agreement with the State Department of Health to carry out any
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16 duties or functions of the state administering agency under 42
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17 C.F.R., Part 460 or other applicable federal laws or regulations.
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18 C. 1. The State Department of Health shall create and issue to
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19 qualifying applicants a license for PACE organizations. Qualifying
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20 PACE organizations shall at a minimum meet all requirements of 42
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21 C.F.R., Part 460, Subpart B.
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22 2. The Department shall perform onsite visits and other
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23 necessary monitoring of PACE organizations under 42 C.F.R., Part
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 1 460, Subpart K and as provided by the agreement with the Authority
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2 described in paragraph 2 of subsection B of this section.
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3 3. The Department shall not license or regulate PACE
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4 organizations under the Home Care Act, the Adult Day Care Act, or
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5 any other act that governs a different type of facility or provider.
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6 4. The Department may, in cooperation with the Centers for
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7 Medicare and Medicaid Services and as provided by the agreement with
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8 the Authority described in paragraph 2 of subsection B of this
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9 section, take action against noncompliant PACE organizations under
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10 42 C.F.R., Part 460, Subpart D.
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11 D. The Oklahoma Health Care Authority Board and the State
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12 Commissioner of Health shall promulgate rules to implement this
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13 section.
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14 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-872, is
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15 amended to read as follows:
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16 Section 1-872. As used in the Adult Day Care Act:
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17 1. “Adult day care center” or “center” means a facility which
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18 provides basic day care services to unrelated impaired adults for
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19 more than four (4) hours in a twenty-four-hour period. A center
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20 shall be a distinct entity, either freestanding or a separate
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21 program of a larger organization. A center shall have a separately
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22 verifiable staff, space, budget and participant record system. The
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23 terms “adult day care center” or "center" shall not include
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 1 retirement centers and, senior citizen centers, or PACE
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2 organizations as defined by 42 C.F.R., Section 460.6;
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3 2. “Basic day care services” means supervised health, social
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4 supportive, and recreational services in a structured daytime
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5 program which serves functionally impaired adults who continue to
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6 live in their own homes, usually with the aid of family care givers;
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7 3. “Department” means the State Department of Health; and
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8 4. “Participant” means any person attending an adult day care
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9 center.
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10 SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-1961, is
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11 amended to read as follows:
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12 Section 1-1961. As used in the Home Care Act:
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13 1. “Board” means the State Board of Health;
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14 2. “Certification” means verification of appropriate training
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15 and competence established by the State Commissioner of Health by
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16 rules promulgated pursuant to the Home Care Act for home health
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17 aides and home care agency administrators;
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18 3. “Department” means the State Department of Health;
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19 4. “Healthcare provider” means a physician, physician assistant
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20 or Advanced Practice Registered Nurse recognized by the Oklahoma
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21 Board of Nursing as a Certified Nurse Practitioner or a Clinical
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22 Nurse Specialist;
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23 5. “Home care agency” means any sole proprietorship,
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24 partnership, association, corporation or other organization which
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 1 administers, offers or provides home care services, for a fee or
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2 pursuant to a contract for such services, to clients in their place
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3 of residence. The term "home care agency" shall not include:
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4 a. individuals who contract with the Department of Human
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5 Services to provide personal care services, provided
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6 such individuals shall not be exempt from
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7 certification as home health aides,
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8 b. organizations that contract with the Oklahoma Health
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9 Care Authority as Intermediary Services Organizations
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10 (ISO) to provide federal Internal Revenue Service
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11 fiscal and supportive services to Consumer-Directed
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12 Personal Assistance Supports and Services (CD-PASS)
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13 waiver program participants who have employer
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14 responsibility for hiring, training, directing and
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15 managing an individual personal care attendant, or
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16 c. CD-PASS waiver program employer participants, or
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17 d. PACE organizations as defined by 42 C.F.R., Section
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18 460.6;
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19 6. “Home care services” means skilled or personal care services
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20 provided to clients in their place of residence for a fee;
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21 7. “Home health aide” means an individual who provides personal
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22 care to clients in their temporary or permanent place of residence
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23 for a fee;
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 1 8. “Home care agency administrator” means a person who
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2 operates, manages, or supervises, or is in charge of a home care
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3 agency;
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4 9. “Personal care” means assistance with dressing, bathing,
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5 ambulation, exercise or other personal needs;
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6 10. “Skilled care” means home care services performed on a
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7 regular basis by a trained Respiratory Therapist/Technician or by a
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8 person currently licensed by this state including but not limited to
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9 a Licensed Practical Nurse, Registered Nurse, Physical Therapist,
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10 Occupational Therapist, Speech Therapist, or Social Worker;
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11 11. “Standby assistance” means supervision of client directed
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12 activities with verbal prompting and infrequent, incidental hands-on
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13 intervention only; and
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14 12. “Supportive home assistant” means an individual employed by
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15 a home care agency who provides standby assistance to ambulatory
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16 clients, in conjunction with other companionship or homemaker
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17 services, in the temporary or permanent place of residence of the
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18 client for a fee.
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19 SECTION 4. This act shall become effective November 1, 2024.
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21 59-2-9266 CMA 12/18/23
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