1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 56 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to home care; defining terms;
7 directing the Oklahoma Health Care Authority to
8 establish certain program subject to certain
8 conditions; stating qualification criteria for
9 program; authorizing and requiring certain standards;
9 imposing certain duty on home care agencies;
10 directing certain reimbursement of home care
10 services; directing promulgation of rules; requiring
11 application for certain federal approval; amending 63
11 O.S. 2021, Section 1-1961, as amended by Section 3,
12 Chapter 294, O.S.L. 2024 (63 O.S. Supp. 2024, Section
12 1-1961), which relates to definitions used in the
13 Home Care Act; modifying definition; updating
13 statutory language; providing for codification;
14 providing an effective date; and declaring an
14 emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 5013.2 of Title 63, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. As used in this section:
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22 1. “Family member” means a child, parent, parent-in-law,
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23 sibling, grandparent, grandchild, spouse, or any other individual
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 1 related by blood, and any other individual with a close association
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2 that is the equivalent of a family relationship; and
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3 2. “Home care agency” and “skilled care” have the same meanings
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4 as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes.
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5 B. Not later than one year after the effective date of this act
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6 and subject to receipt of federal approval for the program, the
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7 Oklahoma Health Care Authority shall establish a program under which
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8 a family member of a Medicaid member may be recognized as a family
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9 caregiver and, after receiving such recognition, may, under the
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10 direction and supervision of a Registered Nurse, provide services to
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11 the Medicaid member through a licensed home care agency under the
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12 reimbursement rates established under subsection F of this section,
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13 provided that the Medicaid member is:
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14 1. Under the age of twenty-one (21) years; and
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15 2. Approved to receive private duty nursing services, or paid
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16 family caregiver benefits in lieu of private duty nursing services.
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17 C. 1. The program established under this section shall require
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18 the family caregiver to fulfill such requirements or meet such
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19 qualifications as may be prescribed by the Oklahoma Health Care
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20 Authority Board. Such requirements shall include, but not be
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21 limited to, completion of a criminal history background check.
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22 2. The Board may prescribe standards for training, competency
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23 evaluation, and such other requirements or qualification criteria as
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24 the Board deems necessary and appropriate.
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 1 D. The Board shall establish scope of practice standards and
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2 restrictions for services that a recognized family caregiver may
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3 provide to a Medicaid enrollee. The scope of practice may include
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4 necessary and appropriate skilled care tasks. In establishing such
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5 standards and restrictions, the Board shall consider the advice of
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6 the State Department of Health.
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7 E. It shall be the duty of the home care agency to ensure that
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8 a recognized family caregiver meets the qualifications and
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9 requirements prescribed by this section and rules promulgated by the
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10 Board.
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11 F. Reimbursable services provided by a recognized family
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12 caregiver under the program established under this section shall be
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13 reimbursed to a home care agency at a rate established by the
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14 Authority.
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15 G. 1. The Board shall promulgate rules as necessary to
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16 implement this section.
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17 2. The Administrator of the Authority shall apply for such
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18 state plan amendments or waivers as may be necessary to implement
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19 this section and to secure federal financial participation for state
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20 Medicaid expenditures under the federal Medicaid program.
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21 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1961, as
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22 amended by Section 3, Chapter 294, O.S.L. 2024 (63 O.S. Supp. 2024,
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23 Section 1-1961), is amended to read as follows:
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24 Section 1-1961. As used in the Home Care Act:
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 1 1. “Board” means the State Board of Health;
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2 2. “Certification” means verification of appropriate training
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3 and competence established by the State Commissioner of Health by
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4 rules promulgated pursuant to the Home Care Act for home health
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5 aides and home care agency administrators;
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6 3. “Department” means the State Department of Health;
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7 4. “Health care provider” means a physician, physician
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8 assistant or Advanced Practice Registered Nurse recognized by the
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9 Oklahoma Board of Nursing as a Certified Nurse Practitioner or a
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10 Clinical Nurse Specialist;
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11 5. “Home care agency” means any sole proprietorship,
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12 partnership, association, corporation or other organization which
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13 administers, offers or provides home care services, for a fee or
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14 pursuant to a contract for such services, to clients in their place
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15 of residence. The term home care agency shall not include:
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16 a. individuals who contract with the Department of Human
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17 Services to provide personal care services, provided
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18 such individuals shall not be exempt from
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19 certification as home health aides,
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20 b. organizations that contract with the Oklahoma Health
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21 Care Authority as Intermediary Services Organizations
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22 (ISO) intermediary services organizations (ISOs) to
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23 provide federal Internal Revenue Service fiscal and
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24 supportive services to Oklahoma Consumer-Directed
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 1 Personal Assistance Services and Supports (CD-PASS)
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2 waiver program participants who have employer
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3 responsibility for hiring, training, directing and
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4 managing an individual personal care attendant,
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5 c. CD-PASS waiver program employer participants, or
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6 d. PACE organizations as defined by 42 C.F.R., Section
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7 460.6;
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8 6. “Home care services” means skilled or personal care services
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9 provided to clients in their place of residence for a fee;
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10 7. “Home health aide” means an individual who provides personal
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11 care to clients in their temporary or permanent place of residence
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12 for a fee;
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13 8. “Home care agency administrator” means a person who
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14 operates, manages, or supervises, or is in charge of a home care
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15 agency;
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16 9. “Personal care” means assistance with dressing, bathing,
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17 ambulation, exercise or other personal needs;
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18 10. “Skilled care” means home care services performed on a
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19 regular basis by:
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20 a. a trained respiratory therapist/technician or by,
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21 b. a person currently licensed by this state including
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22 but not limited to a Licensed Practical Nurse,
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23 Registered Nurse, physical therapist, occupational
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24 therapist, speech therapist, or social worker, or
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 1 c. for the exclusive purpose of the program established
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2 under Section 1 of this act and subject to the scope
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3 of practice standards and restrictions established by
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4 the Authority under Section 1 of this act, a family
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5 member of a Medicaid enrollee who is recognized by the
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6 Authority as a family caregiver;
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7 11. “Standby assistance” means supervision of client directed
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8 activities with verbal prompting and infrequent, incidental hands-on
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9 intervention only; and
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10 12. “Supportive home assistant” means an individual employed by
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11 a home care agency who provides standby assistance to ambulatory
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12 clients, in conjunction with other companionship or homemaker
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13 services, in the temporary or permanent place of residence of the
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14 client for a fee.
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15 SECTION 3. This act shall become effective July 1, 2025.
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16 SECTION 4. It being immediately necessary for the preservation
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17 of the public peace, health or safety, an emergency is hereby
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18 declared to exist, by reason whereof this act shall take effect and
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19 be in full force from and after its passage and approval.
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21 60-1-138 DC 12/18/2024 2:18:39 PM
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