SECTION 340:100-5-20. Respite Voucher Program

(a)   Applicability. The rules in this Section apply to the respite voucher program operated by the Oklahoma Department of Human Services DHS Developmental Disabilities Services (DDS). When funding resources are sufficient, DDS may use funds for the provision of respite vouchers. For the purpose of this Section, respite is defined as temporary relief for a caregiver who is caring for a person with a developmental disability, known as the care recipient.

(b)   Eligibility.

(1)   Respite vouchers may be issued to caregivers of a care recipient who:

(A)   has a developmental disability per Section 1408 of Title 10 of the Oklahoma Statutes;

(B)   is a United States citizen or a qualified alien;

(C)   is in DHS custody living in a family home;

(D)   is in DHS custody and placed in kinship foster family care per Oklahoma Administrative Code (OAC) 340:75-7-2;

(E)   receives less than 20 hours per week of state funded services, such as:

(i)   Sheltered Workshop;

(ii)   Community Integrated Employment; or

(iii)   Adult Day;

(F)   does not receive:

(i)   services through a DDS Home and Community-Based Services (HCBS) Waiver;

(ii)   services through the Advantage Waiver;

(iii)   respite services funded through any other state or federal program or service; or

(iv)   the Family Support Assistance Payment; and

(G)   does not live:

(i)   in an assisted living facility;

(ii)   independently; or

(iii)   in a drug or alcohol treatment facility.

(2)   The caregiver is the voucher applicant and:

(A)   must live in Oklahoma;

(B)   must reside with and provide at least eight hours per day of care to an eligible care recipient;

(C)   must not receive respite services funded through any other state or federal program or service on behalf of an eligible care recipient;

(D)   may receive a DHS Child Care Subsidy per OAC 340:40-7-1 on behalf of an eligible care recipient;

(E)   may receive an adoption subsidy on behalf of an eligible care recipient; and

(F)   has an adjusted gross income of less than $75,000 from the most recent federal tax return.

(c)   Respite voucher application.

(1)   Applications for respite vouchers are available through DDS area offices.

(2)   A completed application must include:

(A)   a signed copy of the caregiver's most recent federal income tax return. When married and filing separately, send returns for the caregiver and the caregiver's spouse;

(B)   when the caregiver is employed and did not complete a tax return, a statement from the employer indicating the average number of hours worked per week, the hourly rate, and usual schedule worked each week;

(C)   a copy of the caregiver's most recent Social Security Administration award letter, when applicable;

(D)   a copy of the caregiver's Social Security card; and

(E)   a copy of the documentation that verifies the care receiver's disability that includes, but is not limited to:

(i)   a psychological evaluation;

(ii)   the portion of an Interdisciplinary Education Plan titled, Multidisciplinary Evaluation and Eligibility Group Summary, also known as "MEEGS" or "MEETS";

(iii)   the portion of an Interdisciplinary Education Plan titled, Review of Existing Data, also known as the "RED";

(iv)   an evaluation from a licensed therapist indicating a condition related to a developmental disability; or

(v)   a copy of the SoonerStart developmental evaluation documenting scores indicating:

(I)   a 50 percent delay in one domain; or

(II)   a 25 percent delay in two or more domains.

(3)   Incomplete applications are returned to the applicant for correction.

(4)   Respite voucher applications are considered in chronological order of receipt of a completed application. DDS provides a written determination to the applicant within 60 calendar days.

(d)   Issuance of respite voucher. Authorization for the respite voucher program is valid for one calendar year from the date the application or annual review is approved. Issuance of a respite voucher is subject to the continued availability of funding. When an application or annual review is approved, respite vouchers are issued:

(1)   to the caregiver applicant and are valid for 90 calendar days from the date of issuance;

(2)   in sets of three. The applicant must submit to the DDS State Office Respite Voucher program staff Form 06RP002E, Request for Additional Respite Vouchers, to request additional vouchers;

(3)   in the amount of:

(A)   $500 when the caregiver's adjusted gross income is $0 through $59,999.99;

(B)   $400 when the caregiver's adjusted gross income is $60,000.00 through $74,999.99;

(C)   $100 for each additional eligible care recipient with a maximum payment of $800 per 90 calendar-day period when the caregiver's adjusted gross income is $0 through $59,999.99; or

(D)   $100 for each additional eligible care recipient with a maximum payment of $700 per 90 calendar-day period when the caregiver's adjusted gross income is $60,000.00 through $74,999.99.

(e)   Caregiver responsibilities. Caregivers are responsible for:

(1)   interviewing and selecting the respite provider;

(2)   setting an hourly rate;

(3)   training the provider;

(4)   ensuring proper payment for services; and

(5)   tracking the total amount claimed against the voucher.

(f)   Submitting voucher for payment. The caregiver and the respite care provider complete and sign the respite voucher and submit it to DHS Financial Services for payment.

(g)   Fair hearing. Any person who has been denied a voucher, except for denials based on insufficient funding, may request a hearing per OAC 340:2-5.

[Source: Amended at 8 Ok Reg 2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended at 12 Ok Reg 3460, eff 7-1-95 (emergency); Amended at 13 Ok Reg 2203, eff 6-14-96; Revoked at 25 Ok Reg 986, eff 5-15-08; Added at 27 Ok Reg 838, eff 7-1-10; Amended at 29 Ok Reg 822, eff 7-1-12; Amended at 32 Ok Reg 1906, eff 9-15-15]