SECTION 340:100-5-22. Residential services

  Residential services are provided contingent upon the availability of funding and resources. Provision of services may be determined by government regulations or the judiciary. Service recipients who require residential supports are provided services determined by the Personal Support Team (Team), per OAC 340:100-5-52, to represent the least restrictive appropriate setting possible.

(1)   All referrals for residential services are processed per OAC 317:30 and OAC 317:40 or OAC 340:100.

(2)   All service recipients must meet eligibility requirements per OAC 340:100 for residential services.

(3)   The service recipient, family member, and, if applicable, guardian are included as part of the Team to identify residential service needs.

(4)   Residential services include:

(A)   assisted living services per OAC 340:100-5-22.2;

(B)   group home services per OAC 340:100-6;

(C)   home- and community-based services options per OAC 340:100-5-22.1 and group home services per OAC 317:40-5-152;

(D)   private intermediate care facility for the mentally retarded (ICF/MR);

(E)   public ICF/MR programs at Northern Oklahoma Resource Center of Enid (NORCE) and Southern Oklahoma Resource Center (SORC) per OAC 317:30-5-122. Service recipients who meet ICF/MR level of care requirements may be admitted to public ICFs/MR for residential services when their individual circumstances indicate placement in a public ICF/MR is the least restrictive, most appropriate residential environment available.

(i)   Service recipients who are able to receive services that meet their needs in less restrictive environments than a state-operated facility are not eligible for admission.

(ii)   This does not preclude the provision of respite services or other emergency interventions that may require service recipients reside at NORCE or SORC for a time-limited period; and

(F)   specialized public ICF/MR program at Robert M. Greer Center (Greer) per OAC 340:100-11.

(5)   No service recipient may move from NORCE or SORC without adequate supports in place as determined by the service recipient's Team.

(6)   Oklahoma Health Care Authority (OHCA) establishes eligibility and certifies level of care need for admission to private and public ICFs/MR per OHCA policy. Admission to public ICFs/MR must be approved by the Oklahoma Department of Human Services Director or designee.

(7)   Continued eligibility for appropriateness of services is addressed by the Team during annual development of the Individual Plan (Plan).

(8)   Specific residential support needs are determined through the Team process and documented in the service recipient's Plan. The services provided must be identified in the approved Plan.

(9)   The Developmental Disabilities Services Division (DDSD) case manager, agency program coordinator, or both ensure residential services are coordinated with all other services provided to the service recipient.

(10)   Contract providers are reimbursed for residential services at rates established by Oklahoma Commission for Human Services or OHCA.

(11)   Programs and facilities are monitored on a regular basis to ensure continued compliance with all applicable contract conditions, rules, and regulations. Monitoring reports documenting compliance with regulatory standards are maintained and used as a basis for contract renewal or termination.

(12)   Provider agencies are informed, and provided an opportunity to correct deficiencies that may result in contract termination per OAC 340:100-3-27.1.

[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 429, eff 1-1-95 (emergency); Amended at 12 Ok Reg 3460, eff 7-1-95 (emergency); Amended at 13 Ok Reg 2203, eff 6-14-96; Amended at 24 Ok Reg 2201, eff 6-25-07; Amended at 27 Ok Reg 838, eff 7-1-10]