Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 317. Oklahoma Health Care Authority |
Chapter 35. Medical Assistance for Adults and Children-Eligibility |
Subchapter 5. Eligibility and Countable Income |
Part 1. DETERMINATION OF QUALIFYING CATEGORICAL RELATIONSHIPS |
SECTION 317:35-5-4.2. Determining nursing facility level of care for TEFRA children
Latest version.
- (1) The child must be age 18 years or younger and expected to meet the following criteria for a minimum of 30 days.(A) The child must:(i) have a long-term medical or physical condition which significantly diminishes his/her functional capacity;(ii) require health-related services that are so inherently complex that it can only be safely and effectively provided by technical or professional medical personnel, such as a registered nurse, licensed practical nurse, etc., and are ordinarily provided in a nursing facility. Without these services, the child is at risk of being institutionalized within a nursing facility; and(iii) the services needed are above general supervision but can be provided safely in the child's home. The services are usually required 24 hours per day and are ordinarily provided in a nursing facility inpatient basis (see 42 CFR 409.31-409.34 for the types of services and service frequencies that would be normally considered as nursing facility level of care).(B) The service(s) needed has been ordered by a physician.(2) The services needed by the child must be greater than the services provided by an ICF/IID and less than those provided in a hospital.