Okla. Admin. Code § 317:35-16-1

Current through Vol. 42, No. 4, November 1, 2024
Section 317:35-16-1 - State Plan Personal Care Services (SPPC)
(a) The State Plan Personal Care services described in this are available to the following:
(1) Expansion adults;
(2) TEFRA children; and
(3) Certain MAGI populations (children) who qualify under the EPSDT program.
(b) SPPC services assist a member in carrying out Activities of Daily Living (ADLs) or Instrumental Activities of Daily Living (IADLs) directly related to the member's personal care needs. SPPC services prevent or minimize physical health regression or deterioration. SPPC services require a skilled nursing assessment to:
(1) Assess a member's needs;
(2) Develop a care plan to meet the member's identified personal care needs;
(3) Manage care plan oversight; and
(4) Periodically reassess and update the care plan when necessary.
(c) SPPC services do not include technical services, such as:
(1) Suctioning;
(2) Tracheal care;
(3) Gastrostomy-tube feeding or care;
(4) Specialized feeding due to choking risk;
(5) Applying compression stockings;
(6) Bladder catheterization;
(7) Colostomy irrigation;
(8) Wound care;
(9) Applying prescription lotions or topical ointments;
(10) Range of motion exercises; or
(11) Operating equipment of technical nature, such as a patient lift or oxygen equipment.
(d) SPPC members may receive services in limited types of living arrangements as per (1) through (5) of this subsection.
(1) SPPC members are not eligible to receive services while residing in an institutional setting including, but not limited to:
(A) Licensed facilities, such as a:
(i) Hospital;
(ii) Nursing facility;
(iii) Licensed residential care facility; or
(iv) Licensed assisted living facility; or
(B) In an unlicensed institutional living arrangement, such as a room and board home or facility.
(2) SPPC is not approved when the member lives in the personal care assistant's (PCA) home, except with approval of the OHCA supervisor overseeing SPPC. For approval, a clinical evaluation of the household composition must be conducted and reviewed. The clinical evaluation shall include, but is not limited to, the following:
(A) Informal supports available;
(B) All legal obligations of the household member, including the individual who is a legally responsible family member such as a spouse, legal guardian, or parent of a minor child as defined per OAC 317:35-16-7(3);
(C) Urgency of the services; and
(D) Any other factors that may arise warranting approval as determined by the OHCA Supervisor.
(3) Members may receive SPPC services in the member's own home, apartment, or a family member's or friend's home or apartment. A home or apartment unit is defined as a self-contained living space having a lockable entrance to the unit including a bathroom and food storage and preparation amenities in addition to bedroom and living space.
(4) For SPPC members who are full-time students, a dormitory room qualifies as an allowable living arrangement to receive SPPC services.
(5) With prior approval from an OHCA supervisor overseeing SPPC, services may be provided in an educational or employment setting to assist the member to achieve vocational goals identified in the care plan.
(e) SPPC services eligibility is contingent on a member requiring one (1) or more of the services offered at least monthly including personal care, meal preparation, housekeeping, laundry, shopping or errands, or specified special tasks to meet ADL or IADL assessed needs.

Okla. Admin. Code § 317:35-16-1

Adopted by Oklahoma Register, Volume 40, Issue 16, May 1, 2023, eff. 3/28/2023
Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/1/2024