{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-198.11c","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-198.11c","heading":"Short title - Opportunities for Independent Living Act","body":"- Legislative findings and intent - Pilot program - Duties of\n\nAuthority.\n\nA. This act shall be known and may be cited as the\n\n\"Opportunities for Independent Living Act\".\n\nB. The Legislature finds that:\n\n1. In the landmark Olmstead v. L.C. decision, the Supreme Court\n\ninterpreted Title II of the Americans with Disabilities Act to\n\nrequire states to administer programs in the most integrated setting\n\nappropriate to meet the needs of qualified persons with\n\ndisabilities;\n\n2. Medicaid is presently structured to provide care to persons\n\nwith disabilities in institutional settings such as skilled nursing\n\nfacilities and private intermediate care facilities for individuals\n\nwith intellectual disabilities (ICFs/IID), and in community-based\n\nsettings such as group homes and waiver programs; and\n\n3. Persons with disabilities living in institutional settings\n\nmust meet certain low-income standards to become eligible for\n\ninstitutional care. Therefore, when a person with disabilities\n\nwishes to move into the community, he or she has little or no\n\nresources to pay for rent and utility deposits or purchase basic\n\nhousehold items.\n\nC. It is the intent of the Legislature to establish a three-\n\nyear pilot program that:\n\n1. Is consistent with and implements the Olmstead Decision;\n\n2. Develops eligibility criteria for the pilot program;\n\n3. In coordination with the Oklahoma Health Care Authority and\n\nthe Department of Human Services Aging Division, utilizes the\n\nCenters for Medicare and Medicaid Services Minimum Data Set (MDS)\n\ninformation to identify thirty people who have requested to receive\n\ntheir services in a community setting;\n\n4. Identifies barriers to moving into the community;\n\n5. Works with nurses and case managers to coordinate services\n\nfor eligible participants within the pilot program to ensure the\n\nhealth and safety of each consumer;\n\n6. Establishes an infrastructure to allow for an effective\n\nsystem that allows money to follow the person from Medicaid programs\n\ninto the community settings;\n\n7. Increases the availability of safe, affordable and\n\naccessible housing;\n\n8. Establishes a presence within local hospitals to reduce the\n\nnumber of inappropriate placements within institutional settings;\n\n9. Develops benefits counseling options; and\n\n10. Allows qualified persons with disabilities the opportunity\n\nto transition from institutions into the community.\n\nD. Subject to the availability of funding, the Oklahoma Health\n\nCare Authority shall establish and maintain a three-year pilot\n\nprogram to assist qualified individuals with disabilities living in\n\ninstitutions to transition into the community. The Authority shall\n\nact as the lead agency and is authorized to consult and cooperate\n\nwith the Department of Human Services as necessary to carry out the\n\nprovisions of the Opportunities for Independent Living Act.\n\nE. The Authority shall enter into contracts to carry out the\n\nprovisions of the Opportunities for Independent Living Act. Such\n\ncontracted entities shall be consumer-controlled, non-residence-\n\nbased, community-based, nonprofit organizations with experience in\n\ntransitioning persons with disabilities into community settings.\n\nF. The Authority through its duly contracted entities shall:\n\n1. Utilize MDS data to identify participants who prefer to\n\nreceive services within the community;\n\n2. Develop eligibility criteria for pilot program participants;\n\n3. Provide ongoing assistance to further develop assessment\n\ncriteria for pilot program participants;\n\n4. Work in conjunction with health care providers and case\n\nmanagers to coordinate services for pilot program participants;\n\n5. Establish an effective system that allows money to follow\n\npilot program participants from the institutional setting to the\n\ncommunity;\n\n6. Increase pilot program participant access to safe and\n\naffordable housing;\n\n7. Offer follow-up services such as training, technical\n4. Work in conjunction with health care providers and case\n\nmanagers to coordinate services for pilot program participants;\n\n5. Establish an effective system that allows money to follow\n\npilot program participants from the institutional setting to the\n\ncommunity;\n\n6. Increase pilot program participant access to safe and\n\naffordable housing;\n\n7. Offer follow-up services such as training, technical\n\nassistance and support for pilot program participants; and\n\n8. Develop curriculum and marketing materials to train future\n\nservice providers.\n\nG. The Authority through its duly contracted entities is\n\nauthorized to use available funding to assist eligible persons under\n\nthe Opportunities for Independent Living Act to:\n\n1. Pay rent deposits;\n\n2. Pay utility deposits;\n\n3. Purchase initial household supplies;\n\n4. Purchase basic initial household appliances; and\n\n5. Purchase initial furniture and pay moving expenses.\n\nH. The Authority shall promulgate rules as necessary to carry\n\nout the provisions of the Opportunities for Independent Living Act.\n\nSuch rules shall include but are not limited to:\n\n1. Eligibility criteria for services;\n\n2. Assessment protocols to identify persons in need of\n\nservices; and\n\n3. Funding to assist eligible persons.\n\nI. The Authority and the Department of Human Services shall\n\nevaluate the implementation of the pilot program and annually make\n\nrecommendations to the Legislature regarding its effectiveness.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5fbdcff657722895f6c4ee1102dfd61ca41b03f7fad4b42e6fb49284460bedab","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-198.11b","next":"us-ok/okla.-stat.-tit.-56-56-198.12"},"notice":"GroundRules: Original legal text. Not legal advice."}