SECTION 317:40-7-21. Exception process for employment services through Home and Community-Based Services Waivers

(a)   All exceptions to rules in Oklahoma Administrative Code (OAC) 317:40-7 are:

(1)   approved, per OAC 317:40-7-21 prior to service implementation;

(2)   intended to result in the personal support team (Team) development of an employment plan tailored to meet the member's needs;

(3)   identified in the Individual Plan (Plan) process, per OAC 340:100-5-50 through 340:100-5-58; and

(4)   documented and recorded in the Individual Plan by the Developmental Disabilities Services Division (DDS) case manager after Team approval.

(b)   A request for an exception to the maximum limit of fifteen (15) hours per week for center-based services, per OAC 317:40-7-6, or continuous supplemental supports, per OAC 317:40-7-13, for a member receiving services through the Homeward Bound Waiver includes documentation of the Team's:

(1)   discussion of:

(A)   a current, specific situation that requires an exception;

(B)   all employment efforts, successful and unsuccessful, made by the member and Team in the past year; and

(C)   progress toward previous exception strategies or plans; and

(2)   plan, with specific steps and target dates to address the situation throughout the Plan of Care year, so the exception may be lessened or no longer necessary at the end of the Plan of Care year.

(c)   A request for an alternative to required community-based activities per OAC 317:40-7-5 includes documentation of the Team's:

(1)   discussion of:

(A)   current specific situation that requires an exception;

(B)   all employment efforts, successful and unsuccessful, made by the member and Team in the past year; and

(C)   progress toward previous exception strategies or plans; and

(2)   plan, with specific steps and target dates to address the situation throughout the Plan of Care year, so the exception may be lessened or no longer necessary at the end of the Plan of Care year.

(d)   Exception requests, per OAC 340:40-7-21(e), are documented by the DDS case manager after Team consensus, and submitted to the DDS field administrator or designee within ten-business (10-business) days after the annual IP or interim Team meeting. The field administrator approves or denies the request based on the thoroughness of the Team's discussion of possible alternatives and reasons for rejection of the other possible alternatives. A copy of the field administrator's decision is provided to the assigned case manager. A request for any other exception to rules in OAC 317:40-7-21 requires documentation of the Team's discussion of:

(1)   a current, specific situation that requires an exception;

(2)   all employment efforts, successful and unsuccessful, made by the member and Team in the past year; and

(3)   progress toward previous exception strategies or plans.

(e)   The DDS director or designee may review exceptions granted per OAC 317:40-7-21, directing the Team to provide additional information, when necessary, to comply with OAC 340:100-3-33.1 and other applicable rules.

[Source: Added at 15 Ok Reg 3873, eff 7-1-98 (emergency); Added at 16 Ok Reg 1445, eff 5-27-99; Amended at 18 Ok Reg 2985, eff 5-17-01 (emergency); Amended at 19 Ok Reg 1090, eff 5-13-02; Amended at 21 Ok Reg 1327, eff 5-27-04; Amended at 22 Ok Reg 2531, eff 7-11-05; Amended at 25 Ok Reg 2714, eff 7-25-08; Amended at 27 Ok Reg 1509, eff 6-11-10; Amended at 28 Ok Reg 1550, eff 6-25-11; Amended at 29 Ok Reg 1199, eff 6-25-12; Amended at 36 Ok Reg 962, eff 9-1-19]