Library: Policy

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

Revised 10-8-24

(a) Legally responsible individuals.

(1) For the purpose of this Section, a legally responsible individual is:

(A) a biological or adoptive parent(s) of a minor child;

(B) a step-parent of a minor child;

(D) a legal non-volunteer guardian of a minor child;

(E) a spouse of a service recipient; or

(F) anyone deemed legally responsible by court order.

(2) Legally responsible individuals may serve as a paid habilitation training specialist (HTS) provided through the Developmental Disabilities Services (DDS) Home and Community-Based Services (HCBS) Community Waiver or In-Home Supports Waiver for a person for whom they are legally responsible when the DDS HCBS waiver recipient requires extraordinary care as documented in the annual Oklahoma Choice Assessment. To serve as an HTS, the responsible individual;

(A) is qualified per applicable DDS and Oklahoma Health Care Authority (OHCA) rules;

(B) meets specific service provider requirements; and

(D) is employed by an Employer of Record, per OAC 317:40-9-1.

(3) A legally responsible individual may only provide HTS services in a non-residential setting and are bound by the number of hours worked per OAC 340:100-5-35.

(4) The service must:

(A) be related to the waiver recipient’s disability and not be an activity that a parent of a minor or spouse would ordinarily perform or is responsible to perform; and

(B) be necessary to meet at least one identified dependency in activities of daily living (ADL), which is determined based on the ADL items included in the assessment the waiver recipient receives.

(5) Parents of a waiver recipient whose parental rights have been terminated cannot be paid to provide care to the waiver recipient.

(6) Parents of a waiver recipient who is in state custody cannot be paid to care for the waiver recipient while the recipient is in state custody.

(7) Parents of minors and spouses of service recipients may only be paid for providing supports as indicated by the Oklahoma Choice Assessment.

(8) Parents of minors and spouses of service recipients may not be reimbursed for mileage expenses.

(9) The provision of services by a legally responsible individual is in the best interest of the waiver recipient using the Team approach and must be documented in the Individual Plan (IP).

(10) Married waiver recipients must be offered a choice of providers. If they choose a spouse as their care provider, it must be documented in the IP.

(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 Human Services (OKDHS) and OHCA rules;

(B) meet specific service provider requirements;

(i) provide supervision and oversight of such employees; and

(ii) ensure claims are submitted only for services rendered; and

(D) are not being paid as direct contract providers of DDS HCBS, except when such persons are:

(i) the only available provider of covered services due to geographic remoteness; or

(ii) uniquely qualified to provide covered services due to considerations such as language; and

(2) may provide services, such as:

(A) audiology;

(B) dental;

(D) agency companion;

(E) assistive technology;

(F) homemaker;

(G) HTS;

(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 DDS HCBS to their wards.