SECTION 317:40-5-64. Termination of a Specialized Foster Care Provider

(a)   In the event that a provider fails to provide services as required by rules or contract, Developmental Disabilities Services Division (DDSD) notifies the Oklahoma Health Care Authority (OHCA) and the Oklahoma Department of Human Services (OKDHS) Contracts Unit, to terminate the Specialized Foster Care (SFC) provider's contract. Such termination is not an exclusive remedy but is in addition to any other rights and remedies provided by law.

(b)   Possible reasons for termination of a provider include, but are not limited to:

(1)   provider request;

(2)   non-cooperation in determining compliance with standards, policy, or contract;

(3)   confirmed abuse, neglect, or exploitation of any other person;

(4)   breach of confidentiality;

(5)   involvement in criminal activity or criminal activity in the home;

(6)   failure to provide for the care and well-being of the member;

(7)   continued failure to implement the member's Plan;

(8)   failure to complete and maintain required provider training;

(9)   failure to report changes in the household;

(10)   continued failure to follow OKDHS or OHCA rules;

(11)   decline of the provider's health to the point that he or she can no longer meet the needs of the member;

(12)   employment by the provider without prior approval by the area program manager for residential services;

(13)   domestic disputes that may result in emotional instability of the member;

(14)   failure to complete a plan of action, per OAC 317:40-5-63, as agreed; or

(15)   failure or inability of the home to meet standards per OAC 317:40-5-40.

(c)    Termination Process. When necessary to terminate a SFC provider, the steps described in this Subsection are taken.

(1)   DDSD staff documents in the provider case narrative, a summary of the reasons for termination and the effective date.

(2)   The DDSD area manager or designee notifies the case manager and case manager supervisor to notify legally responsible person(s) and identify other living arrangements, if applicable, for the member.

(3)   The DDSD programs manager for residential services sends a 30-day written notice of the termination to the provider.

(A)   A copy of the 30-day notice is sent to:

(i)   the case manager;

(ii)   case management supervisor;

(iii)   DDSD area manager;

(iv)   DDSD State Office; and

(v)   Children and Family Services Division (CFSD), if applicable.

(B)   A copy of the narrative is sent with the written notice to DDSD State Office;

(4)   DDSD State Office notifies the OHCA and the OKDHS Contracts Unit to terminate the provider's contract.

[Source: Added at 15 Ok Reg 3855, eff 7-1-98 (emergency); Added at 16 Ok Reg 1445, eff 5-27-99; Amended at 22 Ok Reg 2559, eff 7-11-05; Amended at 27 Ok Reg 1509, eff 6-11-10]