Library: Policy

340:100-3-33.2. Provision of waiver services by legally responsible persons and other family members or guardians

Issued 5-11-07

(a) Legally responsible persons.

• (1) Persons who are legally responsible for the care of service recipients are prohibited from providing Developmental Disabilities Services Division (DDSD) Home and Community-Based Waiver Services to service recipients for whom they are responsible.
• (2) For purposes of OAC 340:100-3-33.2, a person who is legally responsible is:
  • (A) a biological or adoptive parent(s) of a minor child;
  • (B) a legal guardian of a minor child;
  • (C) a spouse of a service recipient; or
  • (D) anyone deemed legally responsible by court order.

(b) Family members or guardians not legally responsible.  Family members or guardians who are not legally responsible for the care of service recipients:

• (1) may provide Home and Community-Based Services (HCBS) under specific circumstances when they:
  • (A) are qualified per applicable Oklahoma Department of Human Services (OKDHS) and Oklahoma Health Care Authority (OHCA) rules; and
  • (B) meet specific service provider requirements;
• (2) must be employed by provider agencies, except per OAC 340:100-3-33.2(b)(3).  Provider agencies must:
  • (A) provide supervision and oversight of such employees; and
  • (B) ensure claims are submitted only for services rendered;
• (3) are prohibited from being paid as direct contract providers of DDSD HCBS, except when such persons are:
  • (A) the only available provider of covered services due to geographic remoteness; or
  • (B) uniquely qualified to provide covered services due to considerations such as language; and
• (4) may provide services, such as:
  • (A) audiology;
  • (B) dental;
  • (C) respite;
  • (D) agency companion;
  • (E) assistive technology;
  • (F) homemaker;
  • (G) habilitation training specialist;
  • (H) nutrition;
  • (I) occupational therapy;
  • (J) physical therapy;
  • (K) speech therapy;
  • (L) transportation; and
  • (M) specialized foster care.

(c) Volunteer guardians.  Volunteer guardians appointed by the court, per OAC 340:100-3-5.1, are prohibited from providing DDSD HCBS to their wards.