Okla. Admin. Code § 340:100-5-22.2

Current through Vol. 42, No. 4, November 1, 2024

Section 340:100-5-22.2 - Assisted Living without Waiver supports

(a)General information. Assisted Living without Waiver supports:

(1) is provided to individuals with intellectual disabilities who:

(A) do not receive Home and Community-Based Waiver services; and

(B) require minimal staff supports to live safely in their own homes; and

(2) includes, but is not limited to, service coordination, advocacy, linking with generic resources, assistance with transportation, and emergency response.

(b)Requirements. Access by service recipients to Assisted Living supports is contingent upon:

(1) availability of sufficient resources;

(2) a determination of eligibility per Oklahoma Administrative Code (OAC) 340:100-3-1; and

(3) a determination by the provider agency of the person's appropriateness for Assisted Living supports per (c) of this Section.

(c)Pre-placement requirements. Prior to service initiation, the provider agency assesses the consumer's ability to live safely with minimal staff supports.

(1) In determining an individual's ability to participate in the Assisted Living program, all potential resources are considered to ensure the individual can financially maintain his or her home.

(A) Availability of financial resources , such as food benefits, rental subsidy, income from employment, and public assistance is considered.

(B) The provider agency assesses sources of transportation and leisure activities, such as family, friends, and public transportation.

(C) The provider agency assists the individual to the extent necessary to establish and maintain an affordable household budget based on the individual's earned and unearned income. The provider agency considers living expenses that provide adequate housing, food, and clothing.

(2) The provider agency documents efforts to ensure housing occupied by the individual:

(A) meets local building codes;

(B) remains in safe and sanitary condition;

(C) meets the person's accessibility requirements;

(D) has at least two means of exit;

(E) is equipped with a:

(i) telephone;

(ii) flashlight;

(iii) first aid kit;

(iv) smoke detector; and

(v) carbon monoxide detector.

(3) The provider agency ensures the individual has the ability to:

(A) safely self-administer any necessary medication; and

(B) reorder medications with available assistance.

(4) The provider agency ensures the individual is competent in basic home safety skills , such as locking doors, asking identification of persons desiring admittance, use of appliances, and use of toxic cleaning substances.

(5) The provider agency ensures the individual has:

(A) the ability to contact appropriate persons in case of fire, burglary, illness, or other emergency;

(B) necessary emergency contact numbers available by the telephone; and

(C) an identified back-up plan should the home become uninhabitable.

(6) The provider agency determines the individual possesses basic food preparation skills.

(d)Governing principles. Services provided through Assisted Living without Waiver supports are developed around the needs and desires of the person receiving supports and conform to the principles listed in this subsection.

(1) Assisted Living supports do not include funding for rent and food expenses. Each individual is responsible for his or her room and board expenses, as well as all daily living expenses, recreational activities, clothing, furnishing, and other services or supports not authorized and funded through DDS.

(2) No more than four persons receiving services may share a home.

(3) Family members and guardians are allowed announced and unannounced visits, in accordance with the rights and wishes of the person receiving services.

(4) The Oklahoma Department of Human Services (DHS) provides ongoing monitoring through visits with at least a 30 minute notice by DDS staff as well as others deemed appropriate by DHS.

(5) Services promote and use age-appropriate, natural, and informal community supports including family, friends, and other non-paid citizens.

(6) The provider agency provides necessary assistance to the individual in:

(A) identifying as many natural and informal supports and resources as are available to the individual;

(B) obtaining transportation to and from community activities, vocational activities, and needed community services including, but not limited to, the grocery store, bank, medical clinic, and department store.

(i) When the provider agency transports the individual, drivers hold applicable Oklahoma licenses and appropriate insurance.

(ii) The provider agency ensures any vehicle used to transport a person receiving services:

(I) is licensed and operated per local, state, and federal laws, regulations, and ordinances; and

(II) is maintained in a safe condition;

(C) securing the supports necessary for the individual to participate in regular recreational and leisure activities at home and in the community;

(D) maintaining an adequate supply of food, medication(s), clothing, personal grooming materials, linens, and furnishings;

(E) obtaining medical coverage through private insurance, Medicaid, or employer's group plan;

(F) establishing and maintaining a checking account, savings account, or both, with a bank convenient to the person receiving services;

(G) locating a relative or friend to act as the individual's advocate as needed;

(H) practicing the basic principles of financial management , such as budgeting, making purchases, and discretion in releasing financial information. When the provider is the person's payee, the provider adheres to all rules per OAC 340:100-3-4;

(I) making and keeping appointments for any needed supports or services;

(J) maintaining the person's residence per(c)(2) of this Section; and

(K) maintaining utility service.

(7) The provider agency maintains records for each person receiving services that contain:

(A) demographic information including, but not limited to, date of birth, Social Security number, finding address, phone number, landlord's address and phone, emergency contact, and family phone number(s);

(B) names and contact information of relatives, friends, staff, and legal guardian, When the person has a guardian;

(C) name, address, and telephone number of the person's doctor or clinic, dentist, and the hospital of the individual's choice;

(D) updated medical information , including allergies and current medication;

(E) appropriate assessments;

(F) current Individual Plan and implementation strategies; and

(G) documentation of service delivery , including the date, time, and summary of support provided.

(8) When the consumer leases or subleases a home from the provider agency or an individual associated with the provider agency, the guidelines in this paragraph are followed.

(A) The provider agency ensures the individual has choice in selecting a home to rent, including providing support necessary for the person receiving services to consider homes not owned or leased by the provider agency or an individual associated with the provider agency.

(B) The provider agency and the person receiving services or legal guardian enter into a written lease agreement.

(C) The provider agency ensures the home is leased at fair market value or below, and is affordable for the person receiving services.

(D) If financially able to do so, the individual is free to:

(i) move from the house leased from the provider:

(I) for health and safety concerns; or

(II) per Section 102 et seq. of Title 41 of the Oklahoma Statutes; or

(ii) renew the lease.

(E) The provider agency ensures the home owned by the provider or an individual associated with the provider agency meets all guidelines provided in this Section.

(F) The provider cannot condition receipt of Assisted Living Services on leasing, or continuing to lease, the provider's home.

(9) If the provider determines the person needs additional services or supports and the need(s) can no longer be met through Assisted Living Services, the provider assists the individual to find other appropriate services.

Okla. Admin. Code § 340:100-5-22.2

Added at 17 Ok Reg 550, eff 11-24-99 (emergency); Added at 17 Ok Reg 1314, eff 5-11-00

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015