Okla. Admin. Code § 317:40-5-5

Current through Vol. 42, No. 4, November 1, 2024

Section 317:40-5-5 - Agency companion services (ACS) provider requirements and responsibilities

(a) The member or legal guardian, the provider agency, or Oklahoma Human Services (OKDHS) Developmental Disabilities Services (DDS) case manager may identify an applicant to be screened for approval to serve as a companion.

(b) DDS approval for a person to provide contracted Agency Companion Services (ACS) requires the applicant to:

(1) Be twenty-one (21) years of age or older;

(2) Attend DDS or provider agency ACS orientation;

(3) Contract with a provider agency that has a current contract with Oklahoma Health Care Authority (OHCA) to provide ACS;

(4) Complete the DDS application packet within the required time period, per Oklahoma Administrative Code (OAC) 317:40-5-40, and to submit the packet to designated DDS staff or the provider agency staff;

(5) Cooperate with designated DDS or provider agency staff in the development and completion of the home profile approval process, per OAC 317:40-5-40; and

(6) Complete all training per OAC 340:100-3-38, including medication administration training, and all provider agency pre-employment training, per OAC 317:40-5-40.

(c) Companions are required to meet all applicable standards outlined in this subchapter and competency-based training, per OAC 340:100-3-38. The provider agency ensures all companions meet the criteria in this Section.

(d) The companion's failure to follow any rules or standards, promote the member's independence, or follow the Personal Support Team's (Team) recommendation(s) results in problem resolution, per OAC 340:100-3-27, for the companion, and when warranted, results in revocation of approval of the companion.

(e) The companion:

(1) Ensures no other adult or child is cared for in the home on a regular or part-time basis, including other OKDHS placements, family members, or friends without prior written authorization from DDS area residential services programs manager or state office residential services programs manager;

(2) Meets transportation requirements per OAC 317:40-5-103. Neither the companion nor the provider agency may claim transportation reimbursement for vacation travel;

(3) Transports or arranges member transportation to and from school, employment programs, recreational activities, medical appointments, and therapy appointments;

(4) Delivers services in a manner that contributes to the member's enhanced independence, self-sufficiency, community inclusion, and well-being;

(5) Participates in the member's Team and assists in developing the member's Individual Plan (Plan) for service provision;

(6) Develops, implements, evaluates, and revises training strategies that correspond to the Plan's relevant outcomes. The companion may request assistance from the case manager or program coordinator. The companion documents monthly data and health care summaries and submits them to the provider agency program coordination staff;

(7) Delivers services at appropriate times as directed in the Plan;

(8) Does not deliver services that duplicate the services public school districts provide pursuant to the Individuals with Disabilities Education Act (IDEA);

(9) Respects the member's chosen religious faith and assists the member in religious participation. No member is expected to attend any religious service against his or her wishes;

(10) Participates in, and supports visitation and contact with, the member's natural family, guardian, and friends, when the member desires visitation;

(11) Obtains permission from the member's assigned legal guardian and notifies the family, the provider agency program coordination staff, and the case manager prior to:

(A) Traveling out-of-state;

(B) Overnight visits; or

(C) The member's involvement in any publicity, including the following: advertising, promotions, marketing campaigns, or involvement with the media;

(12) Serves as the member's health care coordinator, per OAC 340:100-5-26;

(13) Ensures the member's monthly room and board contribution is used toward household operation costs;

(14) Assist the member in accessing entitlement programs for which the member may be eligible and maintains records required for the member's ongoing eligibility;

(15) Works closely with the provider agency program coordination staff and the DDS case manager, to ensure all aspects of the member's program are implemented to the satisfaction of the member, the member's family or legal guardian, when appropriate, and the member's Team;

(16) Assist the member to achieve his or her maximum level of independence;

(17) Submits all necessary information regarding the member to the provider agency program coordination staff in a timely manner;

(18) Ensures the member's confidentiality is maintained per, OAC 340:100-3-2;

(19) Supports the member in forming and maintaining friendships with neighbors, co-workers, and peers, including people who do not have disabilities;

(20) Implements training and provides supports that enable the member to actively join in community life;

(21) Does not serve as the member's representative payee without a written exception from the DDS area residential services programs manager or state office residential services program manager.

(A) The written exception and approved DDS home profile are retained in the member's home record.

(B) When serving as payee, the companion complies with OAC 340:100-3-4 requirements;

(22) Ensures the member's funds are safeguarded;

(23) Obtains prior approval from the member's representative payee when making a purchase of over fifty dollars ($50) with the member's funds;

(24) Allows provider agency and DDS staff to make announced and unannounced visits to the home;

(25) Develops an evacuation plan for the home using OKDHS Form 06AC020E, Evacuation/Escape Plan, and conducts training with the member;

(26) Conducts fire and weather drills, per OAC 340:100-5-22.1, using OKDHS Form 06AC021E, Fire and Weather Drill Record;

(27) Develops and maintains a personal possession inventory for personal possessions and adaptive equipment, using OKDHS Form 06AC022E, Personal Possession Inventory;

(28) Supports the member's employment program by:

(A) Ensuring the member wears appropriate work attire; and

(B) Contacting the member's employer as outlined by the Team and in the Plan;

(29) Is responsible for the member's meals and entertainment costs during recreational and leisure activities. Activities are affordable to the member. Concerns about affordability are presented to the Team for resolution;

(30) For vulnerable adults, reports of suspected maltreatment including abuse, verbal abuse, sexual abuse, neglect, financial neglect, or exploitation, per Section 10-104 of Title 43A of the Oklahoma Statutes (43A O.S. § 10 - 104), are submitted to OKDHS Office of Client Advocacy;

(31) For children, reports of abuse, neglect, sexual abuse, or sexual exploitation, per 10A O.S. § 1-2-101, are submitted to the Child Abuse and Neglect Hotline at 1-800-522-3511;

(32) Follows all applicable promulgated OHCA and DDS rules including:

(A) OAC 340:100-3-27;

(B) OAC 340:100-3-34;

(C) OAC 340:100-3-38;

(D) OAC 340:100-3-40;

(E) OAC 340:100-5-22.1;

(F) OAC 340:100-5-26;

(G) OAC 340:100-5-32;

(H) OAC 340:100-5-33; and

(I) OAC 340:100-5-50 through 340:100-5-58.

(33) Is neither the member's spouse nor, when the member is a minor child, the member's parent. A family member serving as a companion must meet all requirements listed in this Subchapter; and

(34) Is not the chief executive officer of a provider agency.

Okla. Admin. Code § 317:40-5-5

Added at 13 Ok Reg 1679, eff 5-27-96 ; Amended at 15 Ok Reg 3837, eff 7-1-98 (emergency); Amended at 16 Ok Reg 1445, eff 5-27-99 ; Amended at 22 Ok Reg 2531, eff 7-11-05 ; Amended at 26 Ok Reg 2151, eff 6-25-09 ; Amended at 26 Ok Reg 3033, eff 7-21-09 (emergency); Amended at 27 Ok Reg 981, eff 5-13-10 ; Amended at 29 Ok Reg 1199, eff 6-25-12 ; Amended at 30 Ok Reg 1268, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/1/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022