SECTION 310:2-29-3. Implementation

(a)   Authority. Title 63 O.S. Section 1-1947(Y) authorized the Department to establish through rulemaking the effective dates of subsections D through V of Section 1-1945 of Long Term Care Security Act, by category of employer.

(b)   Effective dates. The effective dates for subsections D through V of Section 1-1947 (relating to screening and fingerprint based background checks) are defined below.

(1)   For the following, compliance may begin February 1, 2014, but shall be required no later than March 1, 2014:

(A)   Adult Day Care Centers as defined by Section 1-872 of Title 63 of the Oklahoma Statutes; and

(B)   Residential care homes as defined by Section 1-820 Title 63 of the Oklahoma Statutes.

(2)   For Specialized Nursing Facilities licensed pursuant to Title 63 O.S. Section 1-1901 et seq., compliance may begin February 1, 2014, but shall be required no later than April 1, 2014:

(3)   For the following employers, compliance may begin February 1, 2014, but shall be required no later than May 1, 2014:

(A)   Applicants for employment with the State Department of Health and Department of Human Services whose responsibilities include working inside long term care facilities, pursuant to Title 63 O.S. Section 1-1947(A)(1); and

(B)   Nursing Facilities licensed pursuant to Title 63 O.S. Section 1-1901 et seq.,

(4)   For the following employers compliance may begin February 1, 2014, but shall be required no later than June 1, 2014:

(A)   Continuum of Care or Assisted Living facilities licensed pursuant to Title 63 O.S. Section 1-890.1 et seq.; and

(B)   Hospice programs licensed pursuant to Title 63 O.S. Section 1-860.1 et seq.

(5)   For Medicare Certified Home Care Agencies licensed pursuant to Title 63 O.S. Section 1-1960 et seq., compliance may begin February 1, 2014, but shall be required no later than July 1, 2014.

(6)   For all other employers defined in Title 63 O.S. Section 1-1945(4), compliance may begin February 1, 2014, but shall be required no later than August 1, 2014.

(7)   For Nurse Aide Scholarship Programs operated under contract with the Oklahoma Health Care Authority compliance may begin July 1, 2014, but shall be required no later than August 1, 2014.

(8)   For staffing agencies or independent contractors as defined in Title 63 O.S. Section 1-1945(4), compliance shall match the contracted employer.

(9)   Pursuant to Title 63 O.S. Section 1-1947(I)(5), Medicaid home and community-based services waivered providers as defined in Section 1915 (c) or 1915 (i) of the federal Social Security Act may voluntarily participate in the submission of fingerprints for applicants. In lieu of fingerprinting, said providers shall obtain a name-based state criminal history record check from the [Oklahoma State Bureau of Investigation] at the fee established in Section 150.9 of Title 74 of the Oklahoma Statutes. No other fees shall apply to said providers relying on a name-based state criminal history record check. The determination of employment eligibility shall be made by said providers based on the criteria established in subsection Dof [Title 63 O.S. Section 1-1947].

(c)   Nurse Aide Scholarship Programs. For the purposes of complying with Title 63 O.S. Section 1-1947(G) (related to conducting a registry screening and criminal history record check), the Nurse Aide Scholarship Program may refer the applicant's application and release to the Department for registry screening and authorization to collect fingerprints.

(d)   Alternate Name Based Background Check. Where the Department is unable to authorize the collection and submission of fingerprints through an authorized collection site pursuant to Title 63 O.S. Section 1-1947(I), the Department shall conduct a name based search of the applicant in the criminal history database maintained by the Oklahoma State Bureau of Investigation.

[Source: Added at 31 Ok Reg 417, eff 2-1-14 (emergency); Added at 31 Ok Reg 1577, eff 9-12-14]