SECTION 317:35-15-2. Personal care services

(a)   Personal care is assistance to an individual in carrying out Activities of Daily Living (ADLs) or in carrying out Instrumental Activities of Daily Living (IADLs) directly related to the member's personal care needs to prevent or minimize physical health regression or deterioration. Personal care service requires a skilled nursing assessment of need, development of a care plan to meet identified personal care needs, care plan oversight, and periodic re-assessment and updating, of the care plan, when necessary. Personal care services do not include technical services, such as suctioning, tracheal care, gastrostomy-tube feeding or care, specialized feeding due to choking risk, application of compression stockings, bladder catheterization, colostomy irrigation, wound care, application of prescription lotions or topical ointments, range of motion exercises, or the operation of equipment of a technical nature, such as a patient lift or oxygen equipment.

(b)   Personal care members may receive services in limited types of living arrangements. The specific living arrangements are set forth below.

(1)   Personal care members are not eligible to receive services while residing in an institutional setting including, but not limited to, licensed facilities, such as a hospital, nursing facility, licensed residential care facility or licensed assisted living facility, or in an unlicensed institutional living arrangement, such as a room and board home or facility. Personal care may not be approved when the client lives in the personal care assistant's home except with the approval of Oklahoma Department of Human Services (DHS) Aging Services.

(2)   Additional living arrangements in which members may receive personal care services are the member's own home, apartment, or a family 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/preparation amenities in addition to bedroom/living space.

(3)   For personal care members who are full-time students, a dormitory room qualifies as an allowable living arrangement in which to receive personal care services for the period during which the member is a student.

(4)   With prior approval of the DHS area nurse, personal care services may be provided in an educational or employment setting to assist the member achieve vocational goals identified in the care plan.

(c)   Personal care services may be provided by an individual employed by the member referred to as an individual personal care assistant (IPCA) or by a personal care assistant (PCA) employed by a home care agency certified to provide personal care services and contracted with the Oklahoma Health Care Authority (OHCA) to provide personal care services. DHS must determine an IPCA to be qualified to provide personal care services and not identified as formal/informal support for member before they can provide services. Persons eligible to serve as either IPCAs or PCAS must:

(1)   be at least 18 years of age;

(2)   have no pending notation related to abuse, neglect, or exploitation as reported by the Oklahoma State Department of Health Nurse Aide Registry;

(3)   not be included in the DHS Community Services Worker Registry;

(4)   not be convicted of a crime or have any criminal background history or registry listings that prohibit employment per O.S. Title 63, Section 1-1950.1;

(5)   demonstrate the ability to understand and carry out assigned tasks;

(6)   not be a legally responsible family member, such as a spouse, legal guardian, or parent of a minor child of the member being served, exceptions may be made for a legal guardian to provide services only with prior approval from DHS Aging Services;

(7)   have a verifiable work history and/or personal references, verifiable identification; and

(8)   meet any additional requirements outlined in the contract and certification requirements with OHCA.

(d)   Eligibility for Personal Care is contingent on an individual requiring one or more of the services offered at least monthly that include personal care, meal preparation, housekeeping, laundry, shopping or errands, or specified special tasks to meet ADL or IADL assessed needs.

[Source: Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3133, eff 7-27-95; Amended at 14 Ok Reg 56, eff 4-30-96 (emergency); Amended at 14 Ok Reg 1802, eff 5-27-97; Amended at 15 Ok Reg 25, eff 9-18-97 (emergency); Amended at 15 Ok Reg 1554, eff 5-11-98; Amended at 17 Ok Reg 2410, eff 6-26-00; Amended at 20 Ok Reg 1958, eff 6-26-03; Amended at 24 Ok Reg 95, eff 8-2-06 (emergency); Amended at 24 Ok Reg 945, eff 5-11-07; Amended at 26 Ok Reg 549, eff 2-1-09 (emergency); Amended at 26 Ok Reg 2140, eff 6-25-09; Amended at 32 Ok Reg 1142, eff 8-27-15; Amended at 34 Ok Reg 726, eff 9-1-17]